Resolution Number 95-11-21-3'L
RESOLUTION NO. 95-11-21-3
-wilkirkwu uXeJUALMULIUDAMWOM MINIMUM W111311 .14101r] 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY CERTIFYING REVISED
ENVIRONMENTAL IMPACT REPORT #548, PRIMA DESHECHA CANADA
LANDFILL GENERAL DEVELOPMENT PLAN, AND APPROVING
AMENDMENTS TO THE CITY'S GENERAL PLAN, GENERAL PLAN
AMENDMENT 93-6, FOR THE 560 -ACRE PARCEL LOCATED AT THE
SOUTHERN TERMINUS OF LA PATA AVENUE (PRIMA DESHECHA
CANADA LANDFILL/COUNTY OF ORANGE)
WHEREAS, the City Council, by Resolution 93-11-16-3, adopted unanimously on
November 16, 1993 initiated consideration of a General Plan Amendment with respect to Prima
Deshecha Canada Landfill, located at the southern terminus of La Pata Avenue and more precisely
referred to as Assessors Parcel Numbers 124-081-22, -24, -26, and -27, and 124-140-42, -44, -46,
-47, -48, -52, -54, and -55; and,
WHEREAS, the County of Orange operates the Prima Deshecha Canada Landfill,
1550 acre solid waste landfill operation of which approximately 559.07 acres are situated within
the corporate limits of City of San Juan Capistrano; and,
WHEREAS, the County of Orange operates the Prima Deshecha Canada Landfill
under a solid waste facilities permit (SWFP) for a Class III landfill issued by the California Integrated
Waste Management Board (CIWMB); and,
WHEREAS, the California Integrated Waste Management Board (CIWMB) is
presently processing a revision to the County of Orange solid waste facilities permit (SWFP) and has
required the County of Orange to secure a finding of General Plan conformity as a prerequisite to
approving any revision to the solid waste facilities permit (SWFP).
WHEREAS, the County of Orange has requested the City of San Juan Capistrano
to amend their General Plan in order to recognize the landfill as an appropriate and compatible use
through changes in the General Plan land use designation and/or text of the General Plan Land Use
Element; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA), has required preparation of an
environmental impact report pursuant to the City's Environmental Review Guidelines, and has
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otherwise complied with all applicable provisions of the California Environmental Quality Act
(CEQA) ; and,
WHEREAS, the County of Orange has prepared Revised Environmental Impact
Report #548, Prima Deshecha Canada Landfill General Development Plan to evaluate the City's
General Plan Amendment and Zone Change applications, which has been subject to a forty-five (45)
day review period, and has prepared responses to comments pursuant to the provisions of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA); conducted duly -noticed public hearings on October 24 and November 14, 1995, pursuant
to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project;
deferred from recommending City Council certification of Revised Environmental Impact Report
#548, Prima Deshecha Canada Landfill; and recommended approval of the General Plan Amendment;
and,
WHEREAS, the City Council conducted a duly -noticed public hearing on
November 21, 1995 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony
on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed General Plan Amendment is consistent with the primary goals
and policies of the City of San Juan Capistrano General Plan, specifically, the Land Use Element,
Transportation Element; Open Space and Conservation Element, and Public Facilities Element; and,
2. The proposed project complies with all applicable provisions of the Land Use
Code subject to the conditions of approval contained in this resolution.
3. The Revised Environmental Impact Report 4548, Prima Deshecha Canada
Landfill General Development Plan has been prepared consistent with the provisions of the California
Environmental Quality Act (1970) pursuant to Section 15084 of the CEQA Guidelines; the County
of Orange has provided consultation in the preparation of Revised Environmental Impact Report
4548 pursuant to Section 15086 of the CEQA Guidelines; Revised Environmental Impact Report
#548 has been subject to the public review process established by Section 15087 of the CEQA
Guidelines; and the County of Orange has prepared responses to comments as provided by Section
15088 of the CEQA Guidelines
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby certifies Final Environmental Impact Report 548, Prima Deshecha Canada
Landfall, and approves the proposed General Plan Amendment as contained in Exhibit "A", General
Plan Amendment 93-06, Prima Deshecha Canada Landfill subject to the following:
-2-
1. All mitigation measures which include provisional language such as "...if
funding is available" or "... if practical/feasible" shall be revised to delete such language.
2. Certification of EIR #548 does = authorize any increase in daily tonnage
limits above the 2,000 tons per day pursuant to the approved Memorandum of Understanding.
PASSED, APPROVED, AND ADOPTED this
November . 1995.
ATTEST:
21st
WYATT rARTI MAYOR PRO TEM
-3-
day of
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-11-21-3 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of November 1995, by the
following vote:
AYES: Council Members Jones, Hart and Swerdlin
NOES: Council Member Campbell
ABSTAIN: None
ABSENT: Mayor Nash
(SEAL)
�CB RYL JO SON, CITY CLE U
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136
CITY -PROPOSED GENERAL PLAN AMENDMENTS
' RELATED TO GENERAL PLAN AMENDMENT (GPA) 93-06,
PRIMA DESHECHA CANADA LANDFILL
Prior to consideration of these policies, the City and the County of Orange have executed a
Memorandum of Understanding (MOU) which establishes a commitment for the City to amend the
General Plan. Furthermore, the County of Orange would be legally required to adhere to these
General Plan Policies following their adoption by the City Council.
WIVIKFJ11 M
The Prima Deshecha Canada Landfill, owned and operated by the County of Orange, Integrated
Waste Management Department (IWMD), consists of a fifteen hundred (1500) acre site of which
approximately five -hundred (500) acres are within the City limits. Landfill operations within waste
management unit #1 are conducted and wholly situated within the City of San Juan Capistrano. The
landfill operates under a solid waste facility permit (SWFP) issued by the State of California in 1979
for an annual operation of two -hundred and thirty-five thousand (235,000) tons per day (TPD) which
establishes a maximum daily tonnage of seven hundred and fifty-three (753) tons per day (based on
six day per week operation in 1979). The landfill operation also is subject to the "general
development plan, prima deshecha regional park, refuse disposal site (Phillips, brandt, reddick;
october 1979)" which establishes a maximum landfill capacity of eighty-one (8 1) million cubic yards
(MCY). The County is presently seeking approval from the Local Enforcement Agency (LEA) and
California Integrated Waste Management Board (CIWMB) to landfill at a rate of 4,000 tons per day,
and is also in the process of amending the general development plan to expand the landfill's capacity
by 22 million cubic yards (271/o increase) to allow a maximum of one -hundred and three (103) million
cubic yards.
The General Plan establishes a "solid waste facility" ("SWF") land use designation for the Prima
Deshecha Landfill. Such a designation applies to those areas of the landfill site approved for
landfilling, recycling, and materials recovery facility operations as identified by the approved General
Development Plan (GDP) and subject to the following policies as well as policies in the Circulation
Element, Public Facilities Element, and Open Space and Conservation Element.
o All operation of the Prima Deshecha Canada Landfill will be subject to a valid "Solid
Waste Facility Permit" issued by the Local Enforcement Agency (LEA) subject to
concurrence by the California Integrated Waste Management Board (CIWMB) as
provided by State law. The limits of landfilling and maximum daily tonnages will not
exceed that established by the most recently issued "Solid Waste Facility Permit" or
by the most recent Memorandum of Understanding (MOU) mutually executed by the
City of San Juan Capistrano and the County of Orange.
' o Any amendment to the Prima Deshecha Canada Landfill General Development Plan
(GDP) for that portion of the landfill situated within the City of San Juan Capistrano
EXHIBIT A
137
Prima Deshecha Canada Landfill
will require public review and approval by the City Council prior to final action by the
Orange County Board of Supervisors.
The County of Orange will prohibit final landfill grading with geometric manufactured
slopes. All final landfill grading and associated plans prepared by the County will be
subject to review by an engineering consultant with expertise in "natural landform
contour grading".
The City will amend Title 9, Land Use Code to create a "solid waste facility" zone
district and designate the Prima Deshecha site as "solid waste facility". "Solid waste
facility" zone districts will only be consistent with sites designated as "solid waste
facility" (SWF) by the General Plan. Uses such as landfilling, stockpiling, recycling
centers, tire shredding, transfer stations, materials recovery facility (MRF)
operations, and similar landfill operations will be limited to those permitted by the
State -issued "solid waste facility permit", and the City -approved conditional use
permit.
o The County of Orange will limit the maximum daily tonnage of landfilling to that
specified in the approved "solid waste facilities permit" and/or the "Memorandum of
Understanding", whichever is most restrictive.
o The Antonio Parkway (Oso Parkway to Ortega Highway) extension shall be
constructed in accordance with the provisions and restrictions contained in the
"Memorandum of Understanding Regarding the Prima Deshecha Landfill" executed
between the County of Orange and the City of San Juan Capistrano.
11 MU . =-I -�
o As part of the design and development of recreation facilities, the County of Orange
will assure that all proposed trails are coordinated and connected with existing and
planned trails within the City of San Juan Capistrano. As part of site development
review, the County will provide the City with the opportunity to review and make
recommendations on such plans. The County and City should agree as to the precise
location and design of trail planned connections.
o The City will seek to assure that the County establishes an appropriate funding
mechanism to assure that the planned regional park improvements are completed in
a timely fashion following closure of the landfill operation.
Prima Deshecha Canada Landfill
' o The City will seek to limit planned recreational uses to exclude those which could
result in significant noise impacts (target ranges, motor vehicle tracks, radio -
controlled airplanes), not only to adjoining properties but to other recreational users.
Public Facilities Element
o The County of Orange, as part of site development for future regional park uses, will
provide landscape irrigation of proposed recreational facilities with the use of non -
potable water service. For water service provided through the Capistrano Valley
Water District (CVWD), the County shall be financially responsible for bonding and
constructing all necessary pump stations, water mains, reservoirs, etc. to serve the
landfill's future recreation uses with either non -potable or potable water service.
o The County of Orange, as part of development and use of Prima Deshecha Canada
as either a landfill or future regional park, will allow no structures (principal or
accessory, landfill or recreation -related) to be constructed on nor within two -hundred
(200) feet of any General Plan -designated "major-ridgeline". Any County proposal
' to site structures within two -hundred (200) feet of any General Plan -designated
"major-ridgeline" will be subject to City review and approval of an application
pursuant to Section 9-3.510, ridgeline grading and controls (City of San Juan
Capistrano, Title 9, Land Use Code.
o The County of Orange will establish and maintain final landfill grades which result in
no silhouetting above and along the General Plan -designated "major-ridgelines" which
form the northern and western edges of the landfill site boundary. Specifically,
landfilling within Waste Management Unit (WMU) #1 will not silhouette above and
along the General Plan -designated "major-ridgelines" to assure that no landfill
operation or placement of landfill materials will be visually discernible as viewed from
Ortega Highway.
o The County of Orange will not install outdoor lighting for sports/athletic fields
without securing a conditional use permit for such facilities from the City of San Juan
Capistrano pursuant to the provisions of the City of San Juan Capistrano Land Use
Code. All outdoor sports/athletic field lighting within the regional park will comply
the applicable standards established by Section 9-3.614, Lighting (City of San Juan
Capistrano, Title 9, Land Use Code).
L
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RESIDENTIAL LAND USES,
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222 EXISTING NEIGHBORHOOD PARRS
2.2P PROPOSED NXIGHBORHOOD PARRS
23E EXISTING COMMUNITY PARKS
2.3P PROPOSEO COMMUNITY PARKS
2.4 SPECIALTY PARKS
2.3 REGIONAL PARR
2.6 NATURAL OPEN SPACE"
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OTHER LAND USES,
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TYPE OF HWY
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