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HomeMy WebLinkAboutMINUTES - 04061993 - H.2 TO: BOARD OF SUPERVISORS = Contra FROM: HARVEY E. BRAGDON Costa DIRECTOR OF COMMUNITY DEVELOPMENT County DATE: MARCH 31, 1993 SUBJECT: STATUS REPORT ON URGENCY ORDINANCE REGULATING TRANSFER STATIONS (ORDINANCE NO. 93-20) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the status report required by Section VIII of the Urgency Ordinance Regulating Transfer Stations (No. 93-20) , adopted by the Board on March 2 , 1993 . 2 . Direct Community Development Department and County Counsel to complete the revision of Division 418 of the County Planning and Zoning Code. FISCAL IMPACT The staff costs associated with completing and processing the revision to Division 418 . BACKGROUND/REASONS FOR RECOMMENDATIONS Ordinance 93-201 adopted by the Board of Supervisors on March 2, 1993 , established urgency interim regulations for permitting material recovery facilities and transfer stations. A notice of exemption pursuant to Section 15062 of the California Environmental Quality Act was filed for this ordinance by the Community Development Department on March 8, 1993 . As required by Section VIII of the ordinance, the following report is hereby submitted for filing with the Clerk of the Board of Supervisors. The Community Development Department (CDD) is processing land use applications to establish, in these cases, combination material recovery facilities (MRF) and transfer stations to serve both eastern and western Contra Costa County. The facilities are needed CONTINUED ON ATTACHMENT: YES SIGNATURE ACTION OF BOARD ON April 6 , 1993 APPROVED AS RE ENDE OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT IV TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Ray Valone (510/646-4194) ATTESTED April 6 , 1993 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR BY , DEPUTY RV:gms ecl\rv\Urgnt-TS.Ord L 1. Status Report on Urgency Ordinance Regulating Transfer Stations (Ordinance No. 93-20) Page Two -- Continued to provide access to landfills for disposal and to enable the County and its cities to comply with state-mandated recycling objectives. The present action would continue in effect provisions of the March 2 , 1993 , urgency ordinance clarifying the County's land use permit processing requirements for solid waste MRFs and transfer stations until a permanent ordinance amendment can be prepared and adopted. The CDD and County Counsel expect to bring a permanent ordinance amendment before the Board within six to eights months. Since Assembly Bill 939 (AB 939) became law in 1989, the Community Development Department has been working with the cities, other County departments and the Countywide Integrated Waste Management Task Force to develop the Countywide Integrated Waste Management Plan (CoIWMP) . This plan is to serve as policy for the management of solid waste throughout the County. CoIWMP elements will address resource recovery programs, household hazardous waste programs and the siting of solid waste facilities. The goal of developing and implementing the plan and elements is the reduction of the amount of waste that is currently being disposed at County landfills. Material recovery facilities and transfer stations are needed to meet these waste diversion requirements. In addition to meeting AB 939 requirements, MRF and transfer stations provide facilities for implementing the system established as policy in the 1989 County Solid Waste Management Plan (the predecessor of the CoIWMP) and embodied in the Keller Canyon Landfill Conditions of Approval. These conditions require that almost all waste be processed in a transfer station prior to disposal at Keller. Moreover, in past export agreements with Contra Costa County, other counties have required that the incoming waste be processed through a transfer station. We can expect the same requirement to be imposed in any future agreements with other counties. Assembly Bill 3001 (AB 3001) has caused staff to alter the planning effort for the solid waste system and, thus, the CoIWMP. Effective January 1, 1993 , AB 3001 substantially modified AB 939 regarding solid waste facilities. It separated 'nondisposal facilities' (e.g. transfer stations and material recovery facilities) from disposal facilities (landfills and transformation facilities) for planning purposes. Even though it didn't directly pertain to land use regulation, AB 3001 caused confusion with respect to the County's land use authority to regulate 'nondisposal facilities' under Division 418. By separating transfer stations and material recovery facilities from disposal facilities, the state law has, therefore, made it desirable to substantially revise Division 418. Previously, the County processed solid waste facility applications using Chapter 418-4, determining that such facilities were part of the solid waste disposal system. Without revising Division 418, the County's ability to use this code for processing nondisposal facility applications would be less than absolutely clear. RV:gms cel\rv\Urgnt-TS.Ord • 14. 2 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel DATE: April 6 , 1993 SUBJECT: Ordinance Extending Urgency Transfer Station Regulations SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Hold a public hearing on whether the subject Ordinance Extending Urgency Transfer Station Regulations (for a period of ten months and fifteen days ) should be adopted. 2 . Adopt the subject Ordinance Extending Urgency Transfer Station Regulations . 3 . Find that notice of hearing on the subject ordinance has been given pursuant to Government Code sections 65090 and 65858 (a) . 4 . Direct the Community Development Director to take the actions specified in sections VIII and IX of the subject ordinance. BACKGROUND/REASONS FOR RECOMMENDATIONS On March 2, 1993, the Board adopted Ordinance No. 93-20 , imposing urgency interim regulations for transfer stations . . Staff's reason for recommending the adoption of Ordinance No. 93-20 was as follows: Pursuant to the requirements of the California Integrated Waste Management Act of 1989 , the County and the cities were in the process of developing and obtaining state approval of a countywide integrated waste management plan, including the elements of such plan. The goal of developing and implementing the plan and its elements is the reduction of the amount of waste that is required to be disposed of at a solid waste landfill . As part of the Act, the Legislature has mandated a 25% CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO TEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Aril 6 , 1993 APPROVED AS RECOMMENDED y OTHER IT IS BY' .ThE BOARD ORDERED that Ordinance No. 93-29 is ADOPTED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT IV TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED April 6 , 199"1 cc: County Administrator PHIL BATCHELOR, CLERK OF Community Development THE BOARD OF SUPERVISORS AN 0 Y ADM STRATOR BY ° , DEPUTY reduction of landfilled solid waste by 1995, and a 50% reduction by 2000 . While these waste reduction requirements are beneficial, fulfilling these waste reduction requirements in a cost-effective manner requires coordination and planning. In addition to and in furtherance of the County' s continuing efforts to meet waste reduction requirements in a cost-effective manner, the County' s Planning Agency was contemplating and developing new land-use regulations for the establishment of transfer stations and other solid waste facilities for the unincorporated area . As noted in the urgency interim ordinance, an immediate threat to the public health, safety and welfare existed because uses in conflict with the contemplated measures could have resulted, irreversible uses could have resulted to the detriment of the County' s waste reduction efforts, and uses could have resulted which would frustrate comprehensive solid waste-related land use regulations that may be adopted. The conditions which lead to the adoption of Ordinance No. 93-20 continue to exist. Therefore, it is RECOMMENDED that the Board approve the above- recommended items and adopt the subject Ordinance Extending Urgency Transfer Station Regulations . LTF: l 10.a:\urgext ORDINANCE NO. 93-29 (Ordinance Extending Urgency Transfer Station Regulations) The Contra Costa County Board of Supervisors ordains as follows : SECTION I . Extension. Pursuant to Government Code section 65858, Ordinance No 93-20 is hereby extended for ten months and fifteen days, to January 16, 1994 . SECTION II . Prohibitions . No person shall use land in the unincorporated area for a transfer station without first obtaining a land (conditional) use permit pursuant to this ordinance or applicable provisions of the Contra Costa County Ordinance Code ( "Code" ) authorizing such use. SECTION III . Permitted Zoning Districts . A land use permit may be obtained for the operation of a transfer station on land in the H-I heavy industrial district. A land use permit may be obtained for the operation of a materials recovery facility on land in the L-I light industrial district and the H-I heavy industrial district. SECTION IV. Land Use Permit Procedure. Land use permits for transfer or processing stations may be considered, processed and granted in accordance with the provisions of chapters 418-4 and, as applicable, chapters 26-2 and 82-6 of the Code. SECTION V. Definitions . As used in this ordinance, the fallowing terms have the following meanings . (a) "Transfer station" means a facility which is primarily utilized to receive, consolidate and load solid wastes, for transfer to disposal facilities . Secondary functions may include short-term storage and inspection of solid wastes . (b) "Materials recovery facility" means a facility which is utilized primarily to sort or separate solid wastes for the purposes of recycling or composting. Materials recovery facilities may additionally receive sorted and unsorted recyclable materials . Materials recovery facility does not include facilities that accept only source-separated materials without charging a fee for such acceptance, such as buy-back facilities and drop-off facilities . (c) "Buy-back facility" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials, for purpose of recycling or composting. (d) "Drop-off facility" means a facility which accepts delivery and transfer of ownership to the facility of source- separated materials for the purpose of recycling or composting, without charging or paying a fee. (e) "Person" means any natural person, firm, association, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, employee, shareholder, or any of them. The term person also includes cities, special districts, and any other public or governmental entities or agencies, and their officers, employees and agents . ( f) Except as set forth in subsections (a) , (b) , (c) , (d) and (e) of this section, the definitions in the Code govern the construction of this ordinance, unless the context otherwise requires . In the case of any conflict between the definitions of this ordinance and the Code, this ordinance's definitions shall prevail . Words used in this ordinance not defined in this section or in the Code shall have the meanings ascribed to them in the California Integrated Waste Management Act of 1989, and the regulations adopted pursuant thereto, unless the context otherwise indicates . SECTION VI . Violations and Punishment. (a) Infraction. A violation of this ordinance is an infraction and punishable, upon conviction, for each and every separate offense, in accordance with the provisions of chapter 14-8 of the Code. (b) Civil Enforcement. In addition to the penalties provided in subsection (a) of this section, this ordinance may be enforced by civil action in accordance with the provisions of chapter 14-6 of the Code. SECTION VII . Urgency Declaration. This ordinance is an interim urgency measure authorized by state laws . The Board finds that the establishment of any new transfer stations or materials recovery facility as may be currently allowed constitutes a current and immediate threat to the public health, safety, and welfare. The facts constituting the urgency are that pursuant to the California Integrated Waste Management Act of 1989 (Pub. Resources Code S 40000 et seq. ) , the County and the cities are presently in the process of developing and obtaining state approval of a countywide integrated waste management plan and elements thereof, for the management of solid waste. The goal of developing and implementing the plan and elements is the reduction of the amount of waste that is required to be disposed of at a solid waste landfill . The Legislature has mandated a 25% reduction of landfilled solid waste by 1995, and a 50% reduction by the year 2000. While the Board supports these waste reduction requirements, the Board also acknowledges that fulfilling these ORDINANCE NO. 93-29 -2- waste reduction requirements in a cost-efficient manner will require tremendous coordination and planning. In addition to and in furtherance of the County's continuing efforts to meet waste reduction requirements in a cost effective manner, the County' s Planning Agency is contemplating additional new land-use regulations for the establishment of transfer stations and other solid waste facilities for the unincorporated area. If these interim urgency provisions are not imposed, uses in conflict with the contemplated measures may result, irreversible uses may result to the detriment of the County's waste reduction efforts, and uses may occur which would frustrate any comprehensive solid waste-related land use regulations that may be adopted. SECTION VIII . Report. At least ten days before the expiration of this ordinance or any extension of it, the Community Development Department is directed to file with the Clerk of the Board a written report describing the measures taken to complete the contemplated new land-use regulations and to alleviate the condition which led to the adoption of this ordinance. SECTION IX. Environmental Assessment. (a) Pursuant to section 15061 of the State and County CEQA Guidelines, the Board finds and declares that this ordinance is exempt from CEQA for the following reasons : ( 1) This ordinance is not a "project" within the meaning of section 15378 of the CEQA Guidelines, because the ordinance itself has no potential for resulting in a physical change in the environment. The purpose of this ordinance is to regulate, on an interim basis, the establishment of transfer stations and materials recovery facilities . (2 ) This ordinance is categorically exempt from CEQA under section 15308 of the CEQA Guidelines . This ordinance is a regulatory action taken by the County in the exercise of its constitutional authority and in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending the preparation and adoption of new solid waste facilities land-use regulations . (3) This ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs ( 1) and (2) of this paragraph, it can be seen with certainty, and the Board finds, that there is no possibility that this ordinance will have a significant effect on the environment; therefore, this ordinance is not subject to CEQA. (b) The Community Development Director is directed to file a notice of exemption for this ordinance, in accordance with the provisions of section 15062 of the State CEQA Guidelines. ORDINANCE NO. 93- q -3- SECTION X. Effective Date. This ordinance becomes effective immediately upon passage and shall be operative for ten months and fifteen days (through January 16, 1994) , pursuant to Government Code section 65858 . Within fifteen days after passage this ordinance shall be published once with the names of Supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED on April 6, 1993 by four/fifths vote of the Board, as follows : AYES : Supervisors Powers , Smith, Bishop and Torlakson NOES: None ABSENT: Supervisor McPeak �^ ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By: CL ° [SEAL] Dep y LTF: 1 ( 3-5-93) 1tf.11.urgtsext.ord ORDINANCE NO. 93- 29 -4- BOARD 07SUnERs:'I�O ?S, COI�TRA COSTA. COUNTY CALIFORNIA Re : Notice of Hearing on extension of Urgency ord. m , POSTING Regulating Transfer CERTm IFICATE' OF p Stations which is to be held on April. 6 , 1993 at 11 : 00 a.m. I certify that I am now, and at all times hereinafter mentioned have been , a citizen of the United `Mates and not a party to the above-entitled matter and not interested therein nor in the event thereof ; and that on March 17 , 1993 , I posted a full , true and correct copy of Notice of Public Hearatig the following locations : Lobby of Administration Building 651 Pine Street Martinez , CA 94553 Contra Costa Public Library Martinez Branch 740 Court Street Martinez , CA 94553 County Clerk ' s Bulletin Board Courthouse, Lower Level Main Street Entrance Martinez , CA 94553 I declare under penalty of perjury that the foregoing; is true and correct . Dated : March 17 , 1993 at "Aartinez , California. CLIMo Deputy Clerk ORDINANCE NO. 93-29 (Ordinance Extending Urgency Transfer Station Regulations) The Contra Costa County Board of Supervisors ordains as follows : SECTION I . Extension. Pursuant to Government Code section 65858, Ordinance No 93-20 is hereby extended for ten months and fifteen days, to January 16, 1994 . SECTION II . Prohibitions . No person shall use land in the unincorporated area for a transfer station without first obtaining a land (conditional) use permit pursuant to this ordinance or applicable provisions of the Contra Costa County Ordinance Code ( "Code" ) authorizing such use. SECTION III . Permitted Zoning Districts. A land use permit may be obtained for the operation of a transfer station on land in the H-I heavy industrial district. A land use permit may be obtained for the operation of a materials recovery facility on land in the L-I light industrial district and the H-I heavy industrial district. SECTION IV. Land Use Permit Procedure. Land use permits for transfer or processing stations may be considered, processed and granted in accordance with the provisions of chapters 418-4 and, as applicable, chapters 26-2 and 82-6 of the Code. SECTION V. Definitions . As used in this ordinance, the following terms have the following meanings . (a) "Transfer station" means a facility which is primarily utilized to receive, consolidate and load solid wastes, for transfer to disposal facilities. Secondary functions may include short-term storage and inspection of solid wastes . (b) "Materials recovery facility" means a facility which is utilized primarily to sort or separate solid wastes for the purposes of recycling or composting. Materials recovery facilities may additionally receive sorted and unsorted recyclable materials . Materials recovery facility does not include facilities that accept only source-separated materials without charging a fee for such acceptance, such as buy-back facilities and drop-off facilities . (c) "Buy-back facility" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials, for purpose of recycling or composting. (d) "Drop-off facility" means a facility which accepts delivery and transfer of ownership to the facility of source- separated materials for the purpose of recycling or composting, without charging or paying a fee. (e) "Person" means any natural person, firm, association, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, employee, shareholder, or any of them. The term person also includes cities, special districts, and any other public or governmental entities or agencies, and their officers, employees and agents . ( f) Except as set forth in subsections (a) , (b) , (c) , (d) and (e) of this section, the definitions in the Code govern the construction of this ordinance, unless the context otherwise requires . In the case of any conflict between the definitions of this ordinance and the Code, this ordinance's definitions shall prevail . Words used in this ordinance not defined in this section or in the Code shall have the meanings ascribed to them in the California Integrated Waste Management Act of 1989, and the regulations adopted pursuant thereto, unless the context otherwise indicates . SECTION VI . Violations and Punishment. (a) Infraction. A violation of this ordinance is an infraction and punishable, upon conviction, for each and every separate offense, in accordance with the provisions of chapter 14-8 of the Code. (b) Civil Enforcement. In addition to the penalties provided in subsection (a) of this section, this ordinance may be enforced by civil action in accordance with the provisions of chapter 14-6 of the Code. SECTION VII . Urgency Declaration. This ordinance is an interim urgency measure authorized by state laws . The Board finds that the establishment of any new transfer stations or materials recovery facility as may be currently allowed constitutes a current and immediate threat to the public health, safety, and welfare. The facts constituting the urgency are that pursuant to the California Integrated Waste Management Act of 1989 (Pub. Resources Code S 40000 et seq. ) , the County and the cities are presently in the process of developing and obtaining state approval of a countywide integrated waste management plan and elements thereof, for the management of solid waste. The goal of developing and implementing the plan and elements is the reduction of the amount of waste that is required to be disposed of at a solid waste landfill . The Legislature has mandated a 25% reduction of landfilled solid waste by 1995, and a 50% reduction by the year 2000. While the Board supports these waste reduction requirements, the Board also acknowledges that fulfilling these I 93- 9 I waste reduction requirements in a cost-efficient manner will require tremendous coordination and planning. In addition to and in furtherance of the County's continuing efforts to meet waste reduction requirements in a cost effective manner, the County' s Planning Agency is contemplating additional new land-use regulations for the establishment of transfer stations and other solid waste facilities for the unincorporated area. If these interim urgency provisions are not imposed, uses in conflict with the contemplated measures may result, irreversible uses may result to the detriment of the County's waste reduction efforts, and uses may occur which would frustrate any comprehensive solid waste-related land use regulations that may be adopted. SECTION VIII . Report. At least ten days before the expiration of this ordinance or any extension of it, the Community Development Department is directed to file with the Clerk of the Board a written report describing the measures taken to complete .the contemplated new land-use regulations and to alleviate the condition which led to the adoption of this ordinance. SECTION IX. Environmental Assessment. (a) Pursuant to section 15061 of the State and County CEQA Guidelines, the Board finds and declares that this ordinance is exempt from CEQA for the following reasons : ( 1) This ordinance is not a "project" within the meaning of section 15378 of the CEQA Guidelines, because the ordinance itself has no potential for resulting in a physical change in the environment. The purpose of this ordinance is to regulate, on an interim basis, the establishment of transfer stations and materials recovery facilities . (2) This ordinance is categorically exempt from CEQA under section 15308 of the CEQA Guidelines . This ordinance is a regulatory action taken by the County in the exercise of its constitutional authority and in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending the preparation and adoption of new solid waste facilities land-use regulations . (3) This ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs ( 1) and (2) of this paragraph, it can be seen with certainty, and the Board finds, that there is no possibility that this ordinance will have a significant effect on the ..environment; therefore, this ordinance is not subject to CEQA. (b) The Community Development Director is directed to file a notice of exemption for this ordinance, in accordance with the provisions of section 15062 of the State CEQA Guidelines. OR IN - r SECTION X. Effective Date. This ordinance becomes effective immediately upon passage and shall be operative for ten months and fifteen days (through January 16, 1994) , pursuant to Government Code section 65858 . Within fifteen days after passage this ordinance shall be published once with the names of Supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED on April 6 , 1993 by four/fifths vote of the Board, as follows : AYES: Supervisors Powers , Smith, Bishop and Torlakson NOES: None ABSENT: Supervisor McPeak Tom To kson ABSTAIN: None TAIV� ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By: Ann Cer.vel.1 i Deputy ( 3- -93 ltf. utsext 0 A O. 2 CONTRA COSTA COUNTY BOARD OF SUPERVISORS NOTICE OF A PUBLIC HEARING Notice is hereby given that on April 6, 1993 at 11: 00 a.m. in the Board of Supervisors Chambers, 651 Pine Street, Room 107, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing on an Urgency Ordinance Regulating Transfer Stations adopted by the Board of Supervisors on March 2 , 1993 as an urgency interim measure. Following the public hearing, the Board of Supervisors will determine whether to extend the urgency ordinance for an additional ten months and fifteen days. Date: March 8 , 1993 PHIL BATCHELOR, County Administrator and Clerk of the Board oSupe visors By: Qy1y, I Deputy lerk NOTICE OF PUBLIC HEARING Notice is hereby given that on April 6, 1993, a.m. , in the Board of Supervisors Chambers, 651 Pine Street, Martinez, California, the Contra Costa County Board .of Supervisors will hold a public hearing on an Urgency Ordina``c.e Regulating Transfer Stations adopted by the Board on March 2, 1993 as an urgency interim measure. Following the public hearing, the Board of Supervisors will determine whether to extend the urgency ordinance for an additional ten months and fifteen days . PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors By: ***************************************************************** Gov.Code, SS 65858, 65090 10 days' publication notice and 10 days notice by posting at 3 public places