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HomeMy WebLinkAboutMINUTES - 07131993 - D.1 D. 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 13, 1993, by the following vote: AYES: Supervisors Powers , Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/405 SUBJECT: In the Matter of the West County Integrated Resource Recovery Facility General Plan Amendment (GPA 6-90-CO) The Board of Supervisors of Contra Costa County RESOLVES that: There is on file with the Board and its Clerk a General Plan Amendment, designated GPA 6-90- CO, pertaining to the West County Integrated Waste Recovery Facility. There is filed with the Board and its Clerk a copy of Resolution 17-1993, adopted by the County Planning Commission on June 8, 1993, recommending Board approval of General Plan Amendment 6-90-CO. On June 22, 1993, the Board held public hearings on General Plan Amendment 6-90-CO and two associated Land Use Permits (2053-92 and 2054-92). Notice of said hearings was duly given in the manner required by law. The Board, at the hearings, called for the testimony of all persons interested in this matter. John Williams and Eric Shaefer for the project sponsor, Bill Davis for the West Contra Costa Integrated Waste Management Authority, and Jay Vincent all spoke, but none objected to the General Plan Amendment. After receiving testimony, the Board closed the public hearings, certified the project's Environmental Impact Report, declared its intent to approve the General Plan Amendment, instructed staff to prepare the approval documents, and scheduled July 13, 1993, for final action on the matter. The Board hereby REAFFIRMS its June 22, 1993, certification that the West County Integrated Resource Recovery Facility's Environmental Impact Report is adequate and that it was prepared in conformance with the California Environmental Quality Act. The Board APPROVES General Plan Amendment 6-90-CO and directs staff to include it in the next consolidated general plan amendment, as allowed by State Planning Law. The Board further APPROVES the West County Integrated Resource Recovery Facility Findings Document and Implementation/Mitigation Monitoring Program (incorporated into Land Use Permit Conditions of Approval), both dated July 13, 1993, as submitted by staff to comply with the California Environmental Quality Act. . AA vt Resolution No. 93/405 - Page 2 - The West County Integrated Resource Recovery Facility Environmental Impact Report, CEQA Findings Document, and Implementation/Mitigation Monitoring Program documents are on file with the Clerk of the Board of Supervisors. Orig. Dept.: Community Development Dept. I hereby certify that this is a true and correct copy of cc: County Administrator an action taken and entered on the minutes of the Director of GMEDA Board of Supervisors on the date shown. County Counsel Director of Public Works ATTESTED: July 13 , 1993 Health Services Dept. PHIL BATCHELOR, Clerk of the Board (Nicholson) of Supervisors and County Administrator Richmond Sanitary Service (Williams) WCIWMA (Davis) BY: Oft �40 ,Deputy CAZ:nv RCZ:IRRF•GPA.fee D. 1 TO: BOARD OF SUPERVISORS % Contra Costa FROM: . HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 7, 1993 SUBJECT: APPROVAL OF WEST COUNTY INTEGRATED RESOURCE RECOVERY FACILITY'S LAND USE PERMITS 2053-92 AND 2054-92, AND ASSOCIATED DOCUMENTS SPECIFIC REQUEST(S) OR RECOMMENDATIONS) BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Reaffirm the Board's June 22, 1993 , certification of the West County Integrated Resource Recovery Facility's Final Environmental Impact Report as being adequate and having been prepared in conformance with the California Environmental Quality Act. 2 . Reaffirm that the Board on June 22 , 1993 , made the County Planning Commission's findings on Land Use Permit 2053-92 (Central Processing Facility) and Land Use Permit 2054-92 (Bulk Material Processing Facility) , adopted on June 8, 1993, the Board's own findings. 3 . Affirm that the Board's approval of General Plan Amendment 6- 90-CO Resolution 93/405 and adoption of Resolution 93/431 Second Consolidated General Plan Amendment (for 1993) on July 13 , 1993 , results in the West County Integrated Resource Recovery Facility project being consistent with the Contra Costa County General Plan. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION CFA-OARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON T„1 �7 1'I , 1891 APPROVED AS RECOMMENDED OTHER See Addendum for additional Board action. . VOTE OF SUPERVISORS I HEREBY CERTIFY .THAT THIS IS A x UNANIMOUS (ABSENT 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: Community Development Department ATTESTED July 13 , 1993 cc: County Administrator PHIL BATCHELOR, CLERK OF Director of GMEDA THE BOARD OF SUPERVISORS County Counsel ANJP COUNTY ADMINISTRATOR Director of Public Works Health Services Dept. (Nicholson) Richmond Sanitary Service (Williams) BY JAJ DEPUTY WCIWMA (Davis) CAZ:rw RMIRRP-App.bod - Page 2 - Board Order West County IRRF July 7, 1993 RECOMMENDATIONS (CONT'D) 4 . Approve the West County Integrated Resource Recovery Facility Environmental Impact Report Findings Document, date July 13, 1993, as it pertains to Land Use Permits 2053-92 and 2054-92 as the permits' findings for the purposes of the California Environmental Quality Act. 5. Approve Land Use Permit 2053-92, with Conditions of Approval dated July 13 , 1993 . 6. Approve the Land Use Permit 2053-92 Implementation and Mitigation Monitoring Program, dated July 13 , 1993 . 7 . Approve Land Use Permit 2054-92, with Conditions of Approval dated July 13, 1993 . 8 . Approve the Land Use Permit 2054-92 Implementation and Mitigation Monitoring Program, dated July 13, 1993 . BACKGROUND The Board of Supervisors on June 22, 1993, held a public hearing on the General Plan Amendment and the two Land Use Permits pertaining to the West County Integrated Resource Recovery Facility. After receiving testimony and closing the hearing, the Board adopted a Board Order to certify the project's Environmental Impact Report and make certain documents part of the project's record; found that the project was consistent with the County's Zoning, Ordinance, Solid Waste Management Plan and Integrated Waste Management Plan; declared its intention to adopt the General Plan Amendment and Land Use Permits on July 13 , 1993 ; and directed staff to prepare Environmental Impact Report findings, revise the Land Use Permits to reflect certain Board directions, and other documents necessary for the adoption or approval of the project. Accordingly, staff has prepared a separate resolution for approving the General Plan Amendment, this Board Order for approving the Land Use Permits, and the findings and mitigation monitoring program documents referenced above. All are on file with the Clerk of the Board of Supervisors. CAZ:rw RCZIIRRF-App.bod ADDENDUM TO ITEM D. 1 ON JULY 13 , 1993 On June 22, 1993 , the Board of Supervisors deferred to this date the decision on the recommendation of the Contra Costa County Planning Commission on the West County Integrated Resource Recovery Facility, North Richmond area, and General Plan Amendment (GPA 6-90-CO) , Land Use Permits, LUP 2053-92 , West County Resource Recovery Inc . (applicant) , Nove Investments, (owner) , and LUP 2054-92 , West County resource Recovery, Inc . (applicant) and West County Landfill, Inc . (owner) . Supervisor Smith moved approval . Supervisor Powers expressed concerns including the nexus on the road conditions and the deferred improvement agreement and he suggested going ahead with the approval with that condition in it, but worded to say " if the Board should implement it . . . " , and request staff, with West County Integrated Waste Management Authority and counsel, to determine if there is an appropriate nexus and bring it back at some time in the future to resolve that issue . Charles Zahn, Community Development Department, advised that staff would preface the appropriate conditions with if the Board determines that, and the rest would apply. The Board discussed the matter. Chairman Torlakson clarified that that was the motion by Supervisors Smith and Powers . The vote on the motion was unanimous . 07/12%93 15:10 1$510 236 1636 WCC WASTE MGMT. 0002,003 _ b. � West Contra Costa Integrated Waste Management Authority One Alvarado Square San Pablo, California 94806 TEL (510)215-3125 FAX: (510)236-1636 July 12, 1993 Supervisor Tom Torlakson, chair Board of Supervisors Contra costa County 651 Pine street Martinez, CA 94553 SUBJECT: BOARD OF SUPERVISORS MEETING OF JULY 13, 1993 ITEM D-1 (IRRF LAND USE. PERMITS) Dear supervisor Torlakson and Members of the Board: The subject item includes consideration of a decision on Land Use Permits for the IRRF Central Processing Facility (LUP 2053-92) and Bulk Material Processing Center (LUP 2054-92) . Except for the single concern addressed later in this letter, we believe these permits should be approved by the Board of Supervisors. . our single concern is with Conditions No. 22.14 and 22. 15 of the Central Facility Permit (LUP 2053-92) . These conditions require the dedication of right-of-way for the extension of Pittsburg Ave. between Central Avenue and Third Street (along the north edge of the IR.RF site) and construction of curb and gutter along the frontage of the Pittsburg Ave. Extension. At the Public Hearing on June 22, 1993 , I understood County Counsel to state that a nexus between the IRRF Project and the Pittsburg Avenue Extension would need to exist in order for these two conditions to be enforceable. The required nexus does not appear to exist for the Pittsburg Ave. Extension for the following reasons: 1. The IRRF Project Description does not include the Pittsburg Avenue Extension. Consequently, the Extension is not necessary to meet a Project need and users do not require the Extension to reach the IRRF. 2 . The Pittsburg Avenue Extension was not identified to our knowledge as necessary to mitigate an environmental impact. Discussion at the June 22, 1993 Hearing regarding the use of the Pittsburg Ave. Extension focused on the point that if the extension is built, people will use it to get to the IRRF, rather than demonstration that the Extension is needed for Protect or environmental mitigation nurnoses. 07/12%93 15:10 00510 236 1636 WCC WASTE MGMT. [ 1003;003 Supervisor Tom Torlakson July 12, 1993 SUBJECT: BOARD OF SUPERVISORS MEETING OF JULY 131 1993 ITEM D-1 (IRRP LAND USE PERMITS) We understand that the applicant has voluntarily agreed not to place permanent surface or subsurface improvements within the anticipated future right-of-way required for the Extension. Additionally, we understand that the North Richmond Municipal Advisory council has recommended that all costs of the Pittsburg Ave. Extension be paid from Redevelopment Area Project funds and the Area Benefit Fee to be collected from the IRRF. Thank you for your consideration of this matter. Respectfully submitted, Bill Davis Executive Director A:161up cc: Charles A. Zahn, Assistant Director - CDD John Williams, WCRR 2