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Resolution - 6944• RESOLUTION NO. 6944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A PLANNING DIRECTOR'S MODIFICATION TO UNCLASSIFIED USE PERMIT NO. 71, REVISION 5 (AMENDMENT) AND CERTI- FICATION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT The City Council of the City of West Covina, California, does resolve as follows: WHEREAS, the BKK Corporation filed with the City of West Covina, an application for a Planning Director's Modification to Unclassified Use Permit No. 71, Revision 5 (Amendment) to permit the construction and operation of an electrical generation facility on a site commonly known as BKK Landfill at 2210 South Azusa Avenue; and WHEREAS, said electrical generation facility includes gas turbines, compressors, gas flares and other related and necessary appurtenances for the generation of electricity utilizing landfill gases; and WHEREAS, hearings on said application were duly noticed and conducted by the Planning Commission on September 5, 1984, at which time the application was approved, subject to conditions; and WHEREAS, the City Council called up the Planning Commis- sion's action on September 10, 1984, and referred the matter to the Transition/Waste Management Commission for their review, comment and report back to the City Council within 30 days; and WHEREAS, the Transition/Waste Management Commission conducted their public review on September 20, 1984, at which time they recommended delaying action on this proposal until such time as specific questions and concerns have been adequately addressed; and WHEREAS, a report of the Transition/Waste Management Commission actions and recommended conditions were submitted to the City Council on October 8, 1984; and WHEREAS, a public hearing -was duly noticed and conducted by the City Council on October 8, 1984, at which time the staff was directed to prepare an appropriate resolution and conditions addressing the concerns expressed by the City Council; and WHEREAS, said resolution and conditions were submitted to the City Council on October 22, 1984; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following: 1. The proposed electrical generation facility will effec- tively handle more landfill gases than the current gas recovery flare system and in a more efficient manner. • 2. Analysis of the noise and emission impacts of this facility by the applicant's consultants and the City's consultants indicate these impacts can clearly be mitigated through appropriate conditions and their enforcement. 3. Exhibit No. 1 (attached) contains adequate and appropriate conditions to mitigate the noise and emission impacts and relates the construction and operation of this facility in the community and in concert with site characterization and closure plans and remedial action proposed for the landfill site and otherwise makes the necessary adjust- ments to make the use compatible with the community. • 4. The subject facility will not be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 5. The proposed facility is necessary and desirable to provide a facility which will contribute to the general well being of the community. 6. An initial study has shown that this project's location and its compliance to conditions and mitigation measures will mean that the project will not have a significant effect on the environment and a Negative Declaration of Environmental Impact has been prepared. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve a Planning Director's Modification to Unclassified Use Permit No. 71, Revision 5 (Amendment) and the Negative Declara- tion of Environmental Impact is hereby certified, subject to the conditions set forth in Exhibit No. 1, attached and incorporated herein by reference. FINALLY RESOLVED, that the City Clerk shall certify to the adoption of this Resolution. ATTEST: ADOPTED AND APPROVED this 22nd day of October, 1984. City Cler I, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 22nd day of October, 1984. AYES: Manners, Chappell, Shearer, Tennant, Bacon NOES: None ABSENT: None _ • City Clerk APPROVED AS TO FORM: 6ity Att rney EXHIBIT NO. 1 UNCLASSIFIED USE PERMIT NO. 71 REVISION 5 (AMENDMENT) • 1. The project shall be in conformance with Study Plan "A," dated September 5, 1984. 2. Following installation of the first turbines, compressors and similar equipment, as contemplated by phase one of the project in the electric generation facility and/or upon installation of each additional turbine, compressor or similar equipment, a test period shall be implemented to measure air emissions for compliance with consultant's findings. If initial testing or any subsequent monitoring of any agency finds that air emissions exceed levels determined to be acceptable by the City of West Covina per Harding Lawson report dated August 28, 1984, or the noise levels as specified in Section 9 hereof, the facility shall not be permitted to be operational until such time as mitigation measures are implemented to bring the facility in compliance with said pollution standards and noise levels. 3. The operator and/or owner of the landfill shall remove and/or underground all overhead utility lines including poles on the site within one year after the cessation of landfill activi- ties on the site., unless the requirement is waived. This requirement shall be a part of the closure plan and shall be guaranteed by the bonds/deposits filed with the City unless inconsistent with or duplicative of the bonding requirement of the closure plan. 4. Non-compliance with any and all of these conditions shall be considered a violation of this Planning Director's Modifica- tion of the Unclassified Use Permit and shall be subject to enforcement procedures contained in Sections 26-254 and 1-37 of the West Covina Municipal Code. 5. A qualified geologist shall conduct specific tests to accurately describe the geologic conditions and the potential seismic activity of the site. The seismic activity report shall use the assumptions in the approved Seismic Element of the General Plan for the City of West Covina or the best ,available technology and information, whichever are the most conservative in providing for public safety. A qualified engineer shall certify that the electrical generation facility plans are adequate to mitigate the geologic and seismic conditions of the site. Said studies, reports, plans and specifications shall be submitted to the City Engineer. The City Engineer may engage a qualified consulting engineer to assess the adequacy of the plans. The cost of the consulting engineer shall be reimbursed to the City by the applicant. Said plans must be deemed adequate prior to the issuance of any permits to construct. • 6. The architectural rendering and landscaping plans shall be submitted to and approved by the Planning Commission prior to the issuance of any permits to construct. 7. The electrical generation facility shall use the best avail- able technology to control air emissions in full compliance with all performance standards imposed by the South Coast Air Quality Management District. Any waiver of the rules, regula- tions or best available technology shall only be granted if findings are made that the waiver will improve the air quality of the community through the more effective.control • of air emmissions from the electrical generation facility. 8. Applicant shall comply with any rule and/or regulation imposed by the South Coast Air Quality Management District for the control of HCL (hydrogen chloride) with the specific objective to improve the air quality of the community by minimizing impacts of all the emissions from the electrical generation facility. The generation facility shall be retrofitted to comply with this condition. 9. Noise levels from the electrical generation facility shall not exceed 42 dbA (LEQ) in any hour as measured at any abutting residential property line. During the test period, the applicant shall conduct performance tests utilizing a qualified acoustical engineer to determine compliance with this performance standard. All costs shall be borne by the applicant. Reports of these tests and proposed mitigation measures shall be submitted to the Planning Director and compliance attained prior to any agency permitting the full operation of any one or all of the turbine systems and/or flares. If at any time this noise standard is not met during the operation of the facility, the applicant must mitigate and correct the violation. 10. Applicant shall maintain the existing gas recovery flare system in a manner as to comply with all rules and regula- tions of the South Coast Air Quality Management District, including the minimizing of emissions through the most efficient operation of the flares. 11. The construction and operation of the electrical generation facility shall not interfere or be inconsistent with the Site Characterization Work Plan promulgated by the California Department of Health Services or any subsequent Site Assess- ment and Remedial Action Plan promulgated by any Federal, State or local regulatory agencies. In addition thereto, BKK shall comply with any and all remedial actions required as part of said plan which affect the construction of the electrical generation facility or impact the site location upon which said facility is to be placed. Any remedial actions required by said regulatory agencies which directly impacts the site location of the facility or the construction of the facility shall be complied with by BKK prior to commencement of the operation of the facility. 12. Site location, construction and operation of the electrical generation facility shall be consistent with any and all provisions contained in the proposed closure and post closure plan to be submitted by BKK and approved in accordance with regulations adopted pursuant to the resource, conservation and recovery act (40 CFR 264 and 265). • 13. All revenues received by the applicant from the operation of said electrical generation facility shall be subject to a gross receipts business license tax, which tax shall be determined and adopted by the City Council by appropriate resolution or ordinance. 14. The approval of said electrical generation facility shall in no way preclude the City of West Covina from the exercise of its general powers of local land use regulation and its police power, including, but not limited to, its power to modify, revoke or suspend the construction and/or operation of the electrical generation facility. The City of West Covina retains said powers notwithstanding the existence of the provisions of California Health and Safety Code, Section 25149, California Government Code, Section 66796 (F), or the permanent injunction issued in the CITY OF WEST COVINA VS. THE DEPARTMENT OF HEALTH SERVICES, ET AL, LASC No. C344637. This condition is based on the understanding that the opera- tion of said electrical generation facility is unrelated to the disposal, treatment or recovery of resources from hazar- dous waste or a mix of hazardous and solid waste at the BKK Landfill as set forth and provided for in Section 25149 of the California Health and Safety Code. 15. The Planning Director's Modification shall not be effective for any purpose until the owner of the property involved or his duly authorized representative has filed at the office of the Planning Director his affidavit stating he has received and accepts all conditions contained in the Resolution approving the Planning Director's Modification. Said affidavit shall be submitted within 60 days of the adoption of the Resolution approving the project. • •