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HomeMy WebLinkAboutMINUTES - 05141985 - 2.5 6 t' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 14, 1985 , by the following vote: AYES: Supervisors Powers , Schroder , McPeak , Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None- -------------------------------------------------------------------- SUBJECT: Private Sector Landfill Applications In response to a request of the Board on April 30, 1985 , the Director of the Community Development Department presented a report dated May 7, 1985 (copy of which is attached hereto and by reference incorporated herein) on the status of the three announced private sector landfill proposals . IT IS BY THE BOARD ORDERED that receipt of the aforesaid report is ACKNOWLEDGED. cc: County Administrator 1 hereby certify that this is a true and correct copy of an action taken and entered on the Minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL EATCFtEi_ R, Y107k of She B03 of Supervisors an,,; —Cou .:y Adnw-iistrator By 44M .. , Deputy CONTRA COSTA COUNTY 005 COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of Supervisors DATE: May 7, 1985 FROM: Anthony A. Dehaesu SUBJECT: Private Sector Landfill Director of Commu velopment Applications The Board of Supervisors, at its April 30th meeting, requested a report on the status of the three announced private-sector landfill proposals. In addition, the Board asked for information on the prospects for 'considering the three projects together. This memorandum addresses the Board's two inquiries. Status of the Landfill Projects Proposed by Private Sector Sponsors 1. Kirker Pass Waste Management Landfill; Contractual arrangements for the project's Environmental Impact Report were completed on April 29th. The Draft EIR is expected to be distributed for the obligatory public review period in four months. Planning Commission hearings on it and the first "entitlement", a General Plan Amendment, could begin in early Fall. When the EIR is certified, consideration can then be given to a Solid Waste Management Plan amendment, cancellation of the Agriculture Preserve, Rezoning, and a Land Use Permit, which the project must obtain from the County.. These "entitlements" would then have to be heard and considered by the Board of Supervisors who will make the final decisions. 2. East Contra Costa Sanitary Landfill. Community Development Department staff is reviewing consultant proposals for the preparation of the project's EIR and expects to select a consultant by May 3rd. Staff will then work with the consultant to _ develop a work program (based on the consultant's proposal) for the EIR. This would be appended to the EIR contract. The contract must be approved by the Board•of Supervisors; it probably will be on the Board's agenda in about four weeks. This scheduling would enable the Draft EIR to be distributed for public review in the Fall. This project will require a General Plan amendment, a Solid Waste Management Plan amendment, and a Land Use Permit from the County. 3. Central County Sanitary Landfill. The project's sponsor submitted initial application materials on April 23rd. The Community Development Department will shortly ask the Board of Supervisors to authorize a General Plan amendment review contingent on the acceptance of the application. Community Development Department staff will proceed to review the Comprehensive Project Description in conjunction with other concerned County staff, identify the still-needed additions, review the additional information, and confer with the project sponsor, before it is able to find that the application is adequate. This will require approximately one month's time. Staff expects to find that the project will require an Environmental Impact Report and file a Notice of Preparation (NOP) with the State. Board of Supervisors page two May 7, 1985 The NOP initiates a mandated 30-day response period which enables government agencies and the public to advise the County (as Lead Agency for the preparation of the project's Environmental Impact Report) on how the EIR should be focused to address the most environmentally important issues. In connection with this effort, a "scoping session" will be conducted to obtain the comments of responsible agencies and the public for focusing the EIR. After the review period closes a consultant will be selected, and the EIR work program prepared. This scheduling would enable an EIR contract to be awarded in June or July and EIR hearing to begin by the end of the year. This project will require a General Plan amendment, a Solid Waste Management Plan amendment, the cancellation of an Agricultural Preserve, a Rezoning, and a Land Use Permit from the County. The processing histories of the three proposed projects are described in the attached table. Acceptance of the application intiates the CEQA process. Joint Consideration (Batching) of the Three Applientions The Board has asked about its options for "batching" of the three applications. The Environmental Impact Reports for the three projects should not be integrated — for the legal reason that the statutory processes on two of them have already started, and for the reason that the information produced for the EIRs are to be certified within one year of the filings of their Notice of Preparation with the State Clearinghouse. There is too much of a time gap between the three projects to ensure that this could be done if the EIR's are batched. Regardless, staff will ensure that the three EIRs are coordinated with one another. If batching is considered by the Board of Supervisors or the Planning Commission, the decision to review the projects together should be made after the first Draft EIR is circulated but before the first General Plan amendment is approved by the Planning Commission — in other words, when the applications are still in the "policy" stage. Since there is no processing time limit for General Plan amendments, and since the other entitlement actions are required to be consistent with the General Plan, this is the appropriate time for the Board or the Commission to decide how it wants to review the applications. A decision to batch the proposals will disadvantage those which filed earliest and it could dismay those regulatory agencies which advocate a minimum time line above all other considerations; however, it could serve the needs of the Board of Supervisors and Planning Commission who are likely to be faced with the task of -realistically sorting-out the components of a refuse disposal system from the independent applications and their newly created site-specific information, public hearing testimony, and a background of plans and studies. AAD/mb13 cc: County Administrator County Counsel PRIVATE SECTOR LANDFILL APPLICATIONS PROCESSING HISTORY Kirker Pass East Contra Central Contra Waste Management Costa Sanitary Costa Sanitary Landfill Landfill Landfill Comprehensive Project Description Received 11/29/84(1) 1/28/85 4/23/85 Board Authorization of General Plan Review 6/10/84(2) 2/5/85' Inter-Departmental Staff Conference 12/12/84 2/14/85 CPD and GP Amendment Application Accepted 12/20/84 3/1/85 EIR Scoping Session 1/30/85 3/25/85 Notice of Preparation 1/15/85 to 3/7/85 to Period 2/15/85 4/5/85 Consultant Proposals For EIR Received 3/8/85 4/23/85 Staff/Applicant Conference 3/18/85 4/30/85 EIR Consultant Selected 3/19/85 Work Program Completed 4/9/85 EIR Contract Authorized 4/16/85 EIR Start Work Order 4/30/85 (1) Applicant's distribution to departments completed 12/14/84 (2) Authorized in connection with previous submittal