HomeMy WebLinkAboutRES NO 267-04 267-04
RESOLUTION NO.
RESOLUTION TO REVISE THE COUNTYWIDE
SITING ELEMENT OF THE KERN COUNTY AND
INCORPORATED CITIES INTEGRATED WASTE
MANAGEMENT PLAN
RECITALS
WHEREAS, the applicant, Kern County Waste Management Department,
intends to make revisions to the text of the Countywide Siting Element to reflect
revised siting criteria; and
WHEREAS, the Kern County Waste Management Department has
prepared a report recommending that this Council approve these revisions to the
Countywide Siting Element; and
WHEREAS, in its investigation and evaluation of possible environmental
impacts of this project, the Kern County Waste Management Department has
used the Environmental Impact Report prepared for the revision of the
Countywide Siting Element and certified by the Kern County Board of
Supervisors on September 7, 2004; and
WHEREAS, notice has been duly given of a public headng in this matter
in accordance with the law, as evidenced by the affidavit of publication on file
with the City Clerk; and
WHEREAS, at this public hearing, this Council duly revises the Siting
Element, approving the revisions to the text of the Countywide Siting Element
and the report and recommendations of the Kern County Waste Management
Department, and all interested persons were given the opportunity to address,
and were heard by this Council; and
WHEREAS, all persons desiring to be heard in said matter have been duly
heard, and this Council having considered all testimony presented during said
public hearing and the report and recommendations of the Department having
been concluded;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The facts recited herein above are true and further finds that this Council
has jurisdiction to consider, approve, and adopt the subject of this
Resolution.
KB - Solid Waste Division
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September 8, 2004
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2. This Council finds and determines and hereby revises the Siting Element
to include the proposed revisions to the text of the Element as presented
in the September 7, 2004 report to the Kern County Board of Supervisors,
incorporated herein by reference,
3. The City Clerk shall cause copies of this Resolution to be sent to the
Director of the Kern County Waste Management Department.
KB - Solid Waste Division
G:\GROUPDAT~RESOLUTI~2004\Resolution -Countywide Siting Element.doc
September 8, 2004
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ABSTAIN:
ABSENT:
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Co_uncil of the City of Bakersfield at a regular meeting thereof held on
SEP P. :~ ,~[he following vote:
COUNCIL MEMBER[~/.JLXP.~, (~p,J~0'~3 ,~'C~'~.["(::t.~'), . : {'tOjl~,~,~-J. xll t.~Yl
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
CITY CLERK AND EX (~FICIO of the
Council of the City of Bakersfield
APPRO~
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ALAN D. DANIEL
Deputy City Attorney
KB - Solid Waste Division
G:\GROUPDAT~RESOLUTI~2004\Resolution -Countywide Siting Element.doc
September 8, 2004
Page 3 of 3
KERN COUNTY WASTE MANAGEMENT DEPARTMENT
KERN COUNTYBOARD OFSUPERVISORS
STAFF REPORT AND RECOMMENDATION
ON THE
REVISION OF THE COUNTYVVIDE SITING ELEMENT OF THE KERN COUNTY AND
INCORPORATED CITIES INTEGRATED WASTE MANAGEMENT PLAN
Date: September 7, 2004
TITLE: Revision of tile Countywide Siting Element of the Kern County and Incorporated Cities
Integrated Waste Management Plan for Conformance with the Kern County General Plan
1.Summaw
This revision will update the Countywide Siting Element in order to: a) ensure Countywide
Siting Element consistency with the Kern County General Plan, as required by California
Government Code, and; b) accurately state the remaining capacity of existing solid waste
transformation or disposal facilities, and; c) provide information on public padicipation in the
siting process, as required by Public Resources Code section 41701(e) Pursuant to the
California Environmental QualityAct (CEQA) a Program Environmental Impact Report (EIR)
was prepared by the Planning Department for the recent update to the Kern County General
Plan and the proposed update to the Countywide Siting Element was included in its project
description
· A "mark up" version of the Countywide Siting Element is included.
· A complete version of revised Countywide Siting Element is available for review.
· The General Plan was adopted and the EIR was certifiedbyyour Board on June 15, 2004.
· The General Plan and EIR are provided on Compact Disc in WORD and PDF format for
your reference. Hard copies are available for review.
· Revised Section 15091 - Findings of Significance and Section 15093 - Statement of
Overriding Considerations have been prepared including information relevant to the
Countywide Siting Element
A. The issues addressed in the revision of the Siting Element are:
1 Conformance with the General Plan revisions to differentiate between Solid Waste Disposal
Facilities and Non Disposal Facilities.
Map Code 3.4 (Solid Waste Disposal Facility) - Existing or planned public, semi-public,
or pdvate non-hazardous solid waste facilities, organic and inorganic waste disposal
facilities, and segregated waste stream disposal facilities.
NOTE: Concentrated animal feeding operations (CAFOs) are not included in the
definition of a solid waste disposal facility.
BOS Staff Report
Seplember 7, 2004
Page I
Map Code 3 7 (Other Waste Facilities) - Non-hazardous waste facilities which manage
and process various types of waste materials but do not have on-site disposal
Examples include but are not limited to the following: Large and medium volume
transfer facilities; Materials Recovery Facilities; composting facilities (green waste and
biosolids); wood waste (chipping and grinding facilities); tire recycling; soil rernediation;
waste to energy facilities; and construction and demolition recycling
NOTE: Agricultural biornass and other similar conversion technologies are excluded
from the definition of waste to energy or transformation facilities
2 Buffer zone criteria have been established to provide adequate protection for Solid Waste
Disposal Facilities and Non Disposal Facilities from incompatible land use encroachment
Map Code 3.4 1 (Solid Waste Disposal Facility Buffer) -Areas, which are owned by
the Solid Waste Disposal Facility or restricted by easement, within 1.320 feet of a
permitted disposal area as defined by the 34 designation
Map Code 37.1 (Other Waste Facility Buffer) - Areas, which are owned, restricted by
easement, or has a compatible use to the waste facility, within 200 feet of a permitted
transfer/recycling facility area, or within 660 feet of an organic composting or
transformation facility, as defined by the 37 land use designation.
The criteria used to site transformation and disposal facilities has been reorganized and
consolidated to ensure consistency with the General Plan, and to make siting criteria and
implementation policies understandable and transparent to project proponents and the
public. Redundant siting criteria, under the jurisdiction of other regulatory agencies, have
been deleted.
4. Public Resources Code section 41701(c) requires that any revision of the Siting Element
include updated disposal capacity figures.
5. Public Resources Code section 41701 (e) requires that any revision of the Siting Element
made after January 1, 2003 include:
"a description of the actions taken bythe city or county to solicit public participation by
lhe affected communities including but not limited to, minorily and Iow income
populations."
2. The proposed revisions to the Countywide Siting Element are:
a. Cover Page revised date.
b. Table of Contents updated
Chapter 2 - Section 3 - Policies have been updated to include the mandatory public
padicipation information required by Public Resources Code section 41701 (e) for all
Siting Element revisions after January 1, 2003.
d. Chapter 4 - Capacity figures have been revised based upon cun-ent data.
BOS Staff Report
September 7, 2004
Page 2
e
Chapter 5 - Siting criteria has been revised for conformance with the (3eneral Plan
siting criteria Redundant criteria, addressed by other regulatory agencies, have
been deleted from the siting cnteria
Chapter 7 - General Plan Consistency has been revised to reduce redundant
segments of the required CEQA evaluation topics. For example, Air Quality impacts
have been reduced from four separate topics to one heading.
The appendices have been reorganized to make it easier to compare parallel
sections from the Kern County General Plan. Appendix (3 has been revised and
moved to Appendix E to parallel the County General Plan.
3, The proposed revisions, to the Kern County General Plan, relevant to the Countywide
Siting Element include:
Chapter 3 - Public Facilities has been revised to include new General Plan
designations for Solid Waste Disposal and Non Disposal Facilities and to provide
designations for Buffer areas around these facilities. The Policies and
Implementation Measures sections have been revised to clarify siting and buffer area
policies, and to set standards for when heatth risk assessment may be required for
land use development adjacent to designated solid waste facilities The following
physical and environmental constraints have been proposed:
Map Code 210 (Nearby Waste Facility): Areas which are not owned by the
waste facility that are within 1,320 feet of a permitted solid waste disposal
facility (Map Code 3.4).
ii.
Map Code 2.11 (Burn Dump Hazard): A site where municipal solid waste has
been burned at Iow temperature and the residual burn ash and debris have
been land filled or stockpiled on site. Burn dumps typically contain little
biodegradable organic material because of the combustion of waste
materials and the age of the sites. Therefore, typically little or no landfill gas
is being generated at the bum dump sites. Farm and ranch dump sites are
excluded from this designation.
NOTE: Burn Dumps typically may contain hazardous concentrations of
metals or other constituents.
CEQA ACTION: Amendment of the Countywide Siting Element is subject to the California
Environmental Quality Act (CEQA). A Program Environmental Impact Report has been prepared by
Kern County Planning Department which was certified by the Board of Supervisors for the Kern
County General Plan on June 15, 2004. The approval of the amendment of the Countywide Siting
Element will require the re-certification of the-Program EIR and adoption of the Section 15091
Findings of Significance and Section 15093 Statement of Overriding Considerations at the Kern
County Board of Supervisors meeting on September 7, 2004.
DEPARTMENT RECOMMENDATION: The process for revising the Countywide Siting Element
calls for review and comment by the Local Task Force (LTF) prior to the Incorporated Cities' and
Kern County Board of Supervisors' approval of the revision. The LTF met on May 27, 2004 and
BOS Staff Report Page 3
Seplember 7, 2004
reviewed and commented upon lhe revision of the Countywide Siting Element A copy of the LTF's
comments are attached Pedinent comments from the LTF have been incorporated into this staff
report.
The process to amend the CSE also requires the concurrence of a "majority of the incorporated
cities, having a majority of the population"; and since the cities will need to rely upon the FEIR
approved by the Board of Supervisors, the incorporated cities will consider the CSE revision
following the September 7, 2004 Board of Supervisors' meeting. In accordance with Public
Resource Code section 41721.5(c), KCWMD submitted a packet of information to each incorporated
city by cedified mail on August 27, 2004. The packet contained the material needed for the cities to
take action on this matter a letter ~o the city council detailing the process and requesting action
within 90 days, a draft resolution approving the amendment, a copy of the LTF's comments and a
copy of this staff report. As stated in the statutes, if any city fails to take action within 90 days, then
the revision is deemed approved
Your Board and the cities may not "disapprove a proposed amendment unless it determines, based
on substantial evidence in the record, that the amendment would cause one or more significant
adverse impacts within its boundaries from the proposed project" (Public Resource Code Section
41721.5(e))
KCWMD, therefore, recommends that the Kern County Board of Supervisors:
l)
2)
3)
Adopt the attached resolution certifying the Program Environmental Impact Report
prepared for the project and adopting Section 15091 Findings of Significance and
Section 15093 Statement of Overriding considerations;
Approve the revision of the Countywid~ Siting Element of the Kern County and
Incorporated Cities Integrated Waste Management Plan to maintain consistency with
the Kern County General Plan; and.
Direct the Clerk of the Board to cause the attached Notice of Determination,
prepared by the County Counsel, to be filed with the County Clerk.
NLE:DHF lb
BOS Staff Report
September 7, 2004
Page 4