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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 G:\GROUPDAT~RESOLUTI~2004\Resolution -Countywide Siting Element.doc September 8, 2004 Page 1 of 3 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 Page 2 of 3 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