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Resolution - 9127�* nx i I {troy RESOLUTION NO. 9127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING UNCLASSIFIED USE PERMIT NO. 71, REV. 5 (AMENDMENT 2) RELATIVE TO THE USE OF A GEOSYNTHETIC FABRIC BLANKET AS ALTERNATIVE DAILY COVER (ADC) AT THE BKK LANDFILL. • WHEREAS, there was filed with this Commission a verified request as prescribed in Chapter 26 of the West Covina Municipal Code, requesting an amendment to Unclassified Use Permit No. 71, Rev. 5 (Amendment), to allow the following use: A geosynthetic fabric blanket as,an alternative to daily soil cover as part of a maximum fifteen month long demonstration project, on that certain property described as follows: Assessor Parcel Nos. 8735-001-01, 02, 03 and 8735-002-01, 02, 03, 04, 05, as shown on the latest rolls of the Los Angeles County Assessor's records; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of May 1994, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, due to the number of comments received at the May 24, 1994, Planning Commission meeting, the subject application was continued to the June 14, 1994, June 28, 1994, and subsequently to the July 12, 1994, meeting and approved subject to applications, as modified; and WHEREAS, on July 19, 1994, a member of the City Council initiated an appeal of the Planning Commission's action; and WHEREAS, the City Council, upon giving the required notice, did on the 16th day of August, 1994, conduct a duly advertised public hearing as prescribed by law to consider said application; and WHEREAS, at the conclusion of the public hearing on August 16, 1994 meeting, the City Council continued this item to their meeting of September 6, 1994; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. In December 1962, the City approved Unclassified Use Permit No. 71 to allow what was then the 130-acre BKK Landfill at 2210 South Azusa. By January 1971, through various approvals from the City and the Los Angeles Regional Water Quality Control Board (RWQCB), the operational life of the landfill was increased to thirty years from the date of the original permit, the total acreage increased to 583 acres, and the type of refuse accepted was expanded to include Class I (hazardous) materials, the acceptance of said materials ceasing as of December 1984. 2. Between 1971 and 1974, the City experienced and reported growing numbers • of odor complaints by residents near the landfill. In response to these and other related complaints, the City Council adopted an amendment to the BKK Use Permit in June 1976. The amendment outlines numerous requirements and conditions, including the submittal of a Master Development Plan (MDP). As a component of the MDP, BKK is required to include a conceptual grading plan subject to the following criteria: 0807-94/C:CC/UUP71 RES.BKK/srg Resolution No. BKK Landfill UUP No. 71, Rev. 5 (Amendment 2) September 6. 1994 - Page 2 1. Final grade and design to be approved by the geologist and soils engineer. • 2. At the end of each working day, the day's deposit shall be covered by a layer of earth equivalent to one (1) foot of compacted cover. 3. Final cover material shall be a minimum of three (3) feet in depth. In no case shall any permanent excavation reduce the final cover to less than three (3) feet in depth. 4. Ultimate slopes shall be constructed to the ratio of one (1). foot of rise to two (2) feet of horizontal distance. The fill slopes shall have a minimum face cover of fifteen (15) feet measured horizontally, and consist of inert earth material. 5. The design of the grading plan shall provide for the continuation of the existing drainage patterns to the extent that there shall be no diversion of run-off onto properties adjacent to the subject site. 3. In August, 1993, BKK approached the City with its proposal to gain approval of the California Integrated Waste Management Board (CIWMB) and the Local Enforcement Agency (LEA) for a minimum one year long demonstration project using a geosynthetic fabric blanket as an alternative to the daily soil cover required under Section No. 4(d)(2) of the use permit. Prior to any action on the part of CIWMB and the LEA, BKK must first obtain Planning Commission approval of a modification to Section No. 4(D)(2) of the use permit. 4. As approved by the Planning Commission, the alternate daily cover demonstration project would be for no longer than one year for the purpose of documenting its performance at this site as the performance of geosynthetic fabric blankets are not an approved state of the art process for the daily cover of landfill wastes. 5. Required findings for approval of an amendment to an unclassified use permit are as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well- being of the neighborhood or community. b. That such use will not, under the circumstances of the particular case, 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. C. That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and other features necessary to adjust said use with the land and uses in the neighborhood and make it compatible thereto. d. That the site abuts streets and highways adequate in width and • improvements to carry traffic generations typical of the proposed uses and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets. 0807-94/C:CC/UUP71 RES.BKK/srg Resolution No. q f A -7 BKK Landfill ' UUP No. 71, Rev. 5 (Amendment 2) September 6, 1994 - Page 3 e. That the granting of such unclassified use permit will not adversely affect the General Plan of the City, any other adopted plan of the City, or the • adopted plan of any other governmental agency. 6. The subject 583-acre BKK Landfill site is unique in comparison to other landfill sites in California relative to its sitting in that the site is situated in the midst of an urban population center of approximately 100,000 residents and is currently permitted to receive up to 12,000 tons of waste per day. The site is located in close proximity to over 2,000 single-family and multiple -family residences within a radius of approximately 1,500 feet of the landfill. Further, the site is situated at a raised elevation above the surrounding residences making it highly visible. 7. The location and topography of the subject site, coupled with the wind patterns in the area and the South Coast Air Basin's meteorologic conditions, have historically contributed to the transmission of landfill generated odors off of the site, severely impacting surrounding residential and non-residential properties. 8. In May of 1993, an official of the BKK Corporation testified in a public hearing that the landfill had adequate sources of soil for their operations for at least a year and a half. 9. There is no documentation or evidence submitted of a landfill demonstration project or regular landfill operation within California that is similar to the proposed project in West Covina in terms of the combination of the proposed alternate daily cover material, size of landfill operation and physical site, constituents in the waste stream deposited at this site, and geographic location within an urbanized setting. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings: a. The site of the proposed demonstration project for alternate daily cover is unique in comparison to those sites which have been approved for demonstration projects throughout California. In reviewing the list of CIWMB approved alternate daily cover demonstration project sites, they are located in generally remote rural areas, removed from the heavily urbanized and residential development as is found surrounding the BKK Landfill. These sites are also smaller in physical site size and operate at substantially lesser daily tonnage than the 12,000 ton per day operation of the BKK Landfill. As such, the findings to date of the demonstration projects at these sites cannot provide adequate documentation with regard to how the geosynthetic fabric blanket would perform as an effective daily cover including, but not limited to increased odor impacts and increased air borne emissions at the BKK Landfill site. The lack of suitable comparable site information fails to support the necessary • findings that the project will contribute to the general well-being of the neighborhood or community and further that the project will not be detrimental to the health and safety of surrounding residents. b. The BKK Landfill is located within a large regional urbanized setting, surrounded by residential and non-residential uses. The subject site is 0807-94/C:CC/UUP71 RES.BKK/srg Resolution No. q a BKK Landfill UUP No. 71, Rev. 5 (Amendment 2) September 6. 1994 - Page 4 also situated at a raised elevation above surrounding uses. Local wind patterns and the South Coast Air Basin's meteorologic conditions have historically contributed to the transmission of landfill generated odors to surrounding properties. In addition, the elevation of the landfill has risen in the past year to the point that the ridgelines surrounding the landfill no longer provide the same degree of protection to surrounding properties as existed since the commencement of landfill activities on the site. This has been documented through increased odor complaints from residents located north and west of the landfill who historically have not detected landfill odors to the degree that they do now. Thus, the potential for odors and other airborne emissions to be transmitted off -site has increased. As such, the use of a geosynthetic fabric blanket as part of a one year demonstration project raises public health and safety concerns due to the lack of documentation of use of said material on a site of similar physical size, daily tonnage, and location within an urbanized setting in close proximity to with residential uses. Documentation of demonstration project results at sites regarding the use of alternate daily cover that are more similar to the BKK Landfill is necessary prior to approving use of this material at this location. The lack of adequate documentation and analysis on the performance of the proposed geosynthetic fabric blanket at a site within a similar urban setting and of similar size and operational characteristics as the BKK Landfill does not provide adequate assurance that the project will not be detrimental to the health and safety. of persons residing and working in the vicinity of the subject property. Further, on the basis of the documentary and oral evidence received by the Council there is inadequate documentation to support a finding that the proposed alternate daily cover project can adequately function in a manner that is compatible with the surrounding residential uses. 2. That pursuant to all of the evidence presented both oral and documentary, and further based on the findings above, the required findings for approval have not been made and Unclassified Use Permit No. 71, Rev. 5 (Amendment 2) is hereby denied. 3. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 6th day of September, 1994. ATTEST: ity Clerk 0807-94/C:CC/UUP71 RES.BKK/srg • 411 Resolution No. 9127 BKK Landfill UUP No. 71, Rev. 5 (Amendment 2) September 6. 1994 - Page 5 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the City Council of the City of West Covina, at a regular meeting held on the 6th day of September, 1994, by the following vote: AYES: Manners, Touhey, Wong, Herfert, McFadden NOES: None ABSENT: None cc ty Clerk APPROVED AS TO FORM: 0807-94/C:CC/UUP71 RES.BKK/srg