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
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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