Resolution Number 95-12-5-1150
RESOLUTION NO. 95-12-5-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 954
FOR A LANDFILL USE AND LANDFILL -RELATED USES WITHIN THE
SOLID WASTE FACILITY ZONE DISTRICT FOR PORTIONS OF A 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 and draft General Plan policies recommend establishing zoning ordinance
provisions to specifically regulate and manage solid waste landfills, and the draft Solid Waste Facility
Ordinance permits "landfills" and landfill -related uses only by conditional use permit; 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 Local Enforcement
Agency (LEA) with concurrence by the California Integrated Waste Management Board (CIWMB),
consisting of a 1520 -acre solid waste landfill operation of which approximately 559.07 acres are
situated within the corporate limits of City of San Juan Capistrano and more precisely referred to as
Assessor's Parcel Numbers 124-081-22, -24, -26, and -27 and 124-140-42, -44, -46, -47, -48, -52,
-54, and -55; and,
WHEREAS, the proposed Conditional Use Permit 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
otherwise complied with all applicable provisions of the California Environmental Quality Act
(CEQA) ; and,
WHEREAS, the County of Orange has prepared Revised Draft Environmental Impact
Report 4548, Prima Deshecha Canada Landfill General Development Plan to evaluate the project,
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) and recommended that the City Council not certify Revised Environmental Impact Report
#548 pending revisions to address certain issues; and,
WHEREAS, the Planning Commission 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 Conditional Use Permit.
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WHEREAS, the City Council conducted duly noticed public hearings on
November 21, 1995 and December 5, 1995 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed Conditional Use Permit.
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 Conditional Use Permit will be consistent with the draft policies
of General Plan Amendment 93-06 related to the Prima Deshecha Canada Landfill, specifically, the
Land Use Element, Transportation Element; Open Space and Conservation Element, and Public
Facilities Element; and,
2. The proposed Conditional Use Permit complies with all purpose and intent of
Title 9, Land Use Code of the Municipal Code; and,
3. The proposed Conditional Use Permit complies with and implements the
provisions of the Solid Waste Facilities Ordinance, a Code Amendment to Title 9, Land Use Code
of the Municipal Code.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby approves the proposed Conditional Use Permit subject to the following conditions
of approval:
I . Unless otherwise apparent from the context, the term 'Permittee" shall include
the County or Orange, applicant and any other person, corporation, or other entity making use of this
conditional use permit for operation of the Prima Deshecha Canada Landfill.
2. The permittee shall defend, indemnify and hold harmless the City, its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents, officers,
or employees to attack, set aside, void or annul this permit approval, which action is brought within
the applicable time period of Government Code Section 65907 or other applicable time period. The
City shall promptly notify the permittee of any claim, action, or proceeding and the County shall be
responsible to fully defend the City against the same.
3. This approval will terminate upon completion of the approved fill design, as
depicted in the General Development Plan for Prima Deshecha Canada Landfill. However, the
permittee is authorized and required to continue environmental management facilities such as
operation of gas recovery and energy systems, for closure or post closure maintenance required by
all applicable federal, state and local agencies.
4. If any provision of this approval is challenged by the permittee and held or
declared to be invalid by a court of competent jurisdiction, this approval shall be subject to review
at which time the City may revoke, amend, or take no action on the conditional use permit.
5. The subject property shall be developed, maintained and operated in full
compliance with the conditions of approval and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property, including but not limited to those
permits issued by State agencies. Failure of the permittee to cease any development or activity not
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in full compliance shall be a violation of these conditions and subject to enforcement actions and
' penalties as provided at law by State agencies or by the City .
6. Notice is hereby given that violation of this approval is a misdemeanor. The
City may, after conducting a public hearing, revoke or modify this permit based on findings that the
permittee has violated these conditions or conducted the landfill operation so as to be detrimental to
the public health, safety or welfare.
This grant allows the continued operation and expansion of a Class III landfill
together with certain ancillary and related activities, as enumerated herein, subject to the following
restrictions as to use.
a. The permittee shall not contract to receive, nor receive, and dispose
within the landfill area any hazardous waste or radioactive waste/material, exclusive of the household
hazardous waste collection center.
b. The permittee shall not extend any portion of the landfilling operation
above the plane or outside of the surface area of the fill design as established by the General
Development Plan, Prima Deshecha Landfill and the Memorandum of Understanding executed
between the City and the County. "Landfilling operation" refers to that portion of the subject
property in which waste is to be permanently placed and then buried under daily, interim and final
cover material.
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C. With the exception of previously established on-site borrow areas, the
permittee shall excavate cover material only within the refuse disposal limits established by the
General Development Plan. This condition does not prohibit excavations outside those areas for the
purposes of constructing drainage structures or noise abatement devices; performing work necessary
to abate hazards to public or private property; or assuring slope stability.
d. The total quantity of solid waste not exceed a maximum of 4,000 tons
per day. In the event the County of Orange fails to comply with the provisions of the Memorandum
of Understanding, the County shall be limited to a maximum daily tonnage of two thousand (2,000)
tons per day.
The total quantity of solid waste originating within the County and
delivered to the landfill shall not exceed a maximum of 2,000 tons per day pursuant to the provisions
of the Memorandum of Understanding.
Total tonnage of solid waste shall include recycled waste processed and
put to a beneficial use on the landfill or separated or otherwise diverted from the waste stream and
exported from the landfill. However, total tonnage of solid waste shall not include imported soil to
cover and prepare interim and final fill slopes for planting.
e. The permittee shall cooperate with the City of San Juan Capistrano in
' the attainment of the City's Source Reduction and Recycling Element waste diversion objectives.
f The subject property may be used for the following accessory uses and
structures consistent with the General Development Plan:
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1. Administrative offices and employee facilities associated with
the landfill and waste collection, handling and processing operations;
2. Facilities necessary for the collection, disposal, utilization and
distribution of landfill gases as required and/or approved by the South Coast Air Quality Management
District;
3. Structures, maintenance sheds, or storage lots for any
machinery and equipment used exclusively for the landfill operation; and
4. On-site waste diversion and recycling facilities.
g. The permittee shall open the landfill for receipt of solid waste only from
6:00 a.m. through 5:00 p.m., Monday through Saturday, and the landfill shall be closed to the public
on Sunday. Landfill operations such as site preparation, the application of cover, and waste
processing shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m., Monday through
Saturday. The Local Enforcement Agency may, subject to notification of the City, approve extended
hours of operation to respond to a State or Federally -declared emergency.
h. Mitigation berms shall be installed to minimize noise and screen truck
hauling operations as required by the Memorandum of Understanding Regarding the Prima Deshecha
Landfill (between the City of San Juan Capistrano and the County of Orange).
i. The permittee shall not conduct any grading within the limits of any
General Plan -designated major ridgeline for either landfilling nor parks and recreation purposes. The
permittee may construct trails consistent with the City's equestrian trail design guidelines along
General Plan -designated major ridgelines so designated by the City's Master Plan of Equestrian &
Recreation Trails. The permittee shall not construct any improvements on any General Plan -
designated major ridgeline or portion of the landfill site which would silhouette against the skyline
as viewed from valleys within the City of San Juan Capistrano.
8. To ensure reuse of the landfill site as a public regional park, the permittee shall
establish a financial plan, prepare a cost study, prepare a master park plan, and implement park
improvements:
a. Within one (1) year following approval of the General Development
Plan (GDP), the County of Orange shall conduct a cost study to determine the total capital cost to
implement the Conceptual Recreation Activities Plan and shall establish a financial plan
commensurate with the estimated capital improvement costs for the regional park and the phasing of
interim and ultimate park improvements.
b. Prior to the final closure of Waste Management Unit #1, the County
of Orange shall prepare a regional park master plan for that portion of the regional park situated
within the City of San Juan Capistrano. The regional park master plan shall be subject to review and
approval by both the County of Orange and the City of San Juan Capistrano for those portions of the
regional park situated within the respective jurisdictions. The County shall submit the proposed
regional park master plan to the City for review for consistency with the General Plan and Title 9,
Land Use Code.
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C. Within one (1) year following certification of closure of Waste
' Management Unit #1 by the Local Enforcement Agency (LEA) or approval of the regional park
master plan by the appropriate regulatory agencies, the County shall enter into a contract authorizing
construction of park improvements consistent with the adopted regional park master plan.
d. If the County of Orange wants to consider development of the
following types of uses, or other noise -generating uses, within the City of San Juan Capistrano, a
separate amendment still be subject to City review and approval:
1. skeet or trap or target shooting ranges.
2. motorized vehicle tracks (moto-cross; all terrain vehicles; go-
carts; and/or slick track racing; etc.)
radio -controlled aircraft.
9. The final landfill slopes shall be concurrently reclaimed and revegetated within
ninety (90) days of completion. If directed by the Local Enforcement Agency, a permittee shall install
a temporary vegetation cover on all slopes and other areas that are to remain inactive for a period
longer than ninety (90) days.
To the extent possible, revegetation shall blend with species indigenous to the
area and be drought tolerant and shall be capable of rapid establishment. Plant selection shall not
' include exotic, invasive species as determined by the United States Fish and Wildlife Service
(USFWS) and the California Department of Fish and Game (CDFG).
10. The permittee shall utilize the most effective available technology and
methodology to eliminate fugitive dust emissions which may be a nuisance or hazard to adjacent
populated areas or cause significant damage to wildlife resources (coastal sage scrub habitat). In
addition, the permittee shall comply with dust control regulations approved by the Local Enforcement
Agency and the rules for dust abatement of the South Coast Air Quality Management District.
11. The permittee shall employ the most effective available technology and
methodology to prevent litter which enters the area under the permittee's control in the form of waste
from escaping the area. The permittee's on-site litter control program shall include, unless otherwise
provided by the Local Enforcement Agency, the following:
a. Landfill personnel shall patrol the access road to the scales during
operating hours and remove any landfill litter.
b. Landfill personnel shall notify local law enforcement agencies for the
inspection and issuance of citations for improperly covered or contained loads which may result in
a significant release of litter.
C. All debris found on or along the entrance and working face access
roads shall be immediately removed by landfill personnel.
' d. The pemuttee shall install litter fences in the operating areas, as deemed
necessary by the Local Enforcement Agency to enforce the intent of this condition. The permittee
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shall further actively investigate and implement methods to improve containment, including more
effective litter fencing.
12. The permittee shall post and/or maintain a sign at the entry gate which
indicates the following:
a. The name and telephone number where persons may contact the
permittee to register complaints regarding landfill operations on a twenty-four how a day basis;
b. The name and telephone number of the Local Enforcement Agency;
and
C. The name and telephone number of the enforcement offices of the
South Coast Air Quality Management District.
13. The permittee shall implement and/or maintain a comprehensive waste load
checking program to exclude disposal of hazardous wastes and radioactive material at the landfill
which shall comply with the requirements of the Local Enforcement Agency, the State Environmental
Protection Agency and the Regional Water Quality Control Board.
The permittee shall post and maintain notices at prominent locations at the
landfill to inform waste haulers of the rules governing the disposal of hazardous waste and radioactive
materials.
In the event that known or suspected hazardous waste or radioactive material
is discovered at the landfill, the permittee's landfill operator shall:
a. obtain the driver's license number and vehicle license number, if the
vehicle that delivered the waste is still present;
b. immediately notify the Local Enforcement Agency, State
Environmental Protection Agency and the Regional Water Quality Control Board;
C. store the material at a site developed in accord with the regulations of
the State Environmental Protection Agency and the Regional Water Quality Control Board until
disposed of in accord with applicable State and Federal Regulations.
14. The permittee shall maintain and implement effective vector control measures
as directed by the Local Enforcement Agency.
15. The permittee shall install drainage structures and comply with all other
drainage requirements of the Regional Water Quality Control Board. All permanent drainage
structures, including sedimentation basins, shall be designed and constructed so as to accommodate
storm drainage runoff from the one -hundred (100) year storm. The landfill and drainage structures
shall in all cases be designed so as to cause surface water to be diverted away from disposal areas.
The permittee shall also comply with any applicable National Pollutant Discharge Elimination System
Permit requirements in effect at the time of the landfill expansion.
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16. The permittee shall install and test ground water monitoring wells as required
' by the Regional Water Quality Control Board and shall promptly undertake any action directed by
the Regional Water Quality Control Board to correct or prevent contamination which may affect
ground water quality.
Any testing or remedial actions deemed necessary by the Regional Water
Quality Control Board to correct or prevent contamination or to determine the existence of any
contamination from the existing landfill operated by the permittee which in the opinion of the
Regional Water Quality Control Board should be completed or guaranteed before commencement
of the landfill expansion shall be completed or guaranteed by the permittee before commencement of
the landfill expansion to the satisfaction of the Regional Water Quality Control Board.
17. The permittee shall install and maintain containment (liner) systems and
leachate collection and removal systems as required and approved by the Regional Water Quality
Control Board or other responsible agency having jurisdiction over containment systems.
Containment shall equal or exceed the specifications set forth in the final environmental impact report
for the project.
18. The permittee shall maintain on-site fire response capabilities, construct access
roads, provide water tanks, water mains, fire hydrants and fire flows and perform brush clearance to
the satisfaction of the Orange County Fire Authority.
19. All on-site fuel storage tanks shall be installed, and necessary containment and
' air quality controls provided by the permittee in accord with the requirements of the Orange County
Fire Authority, the Regional Water Quality Control Board, and the South Coast Air Quality
Management District.
20. The permittee shall implement and maintain all necessary measures to ensure
that noise emissions from the landfill comply within noise standards of the City of San Juan
Capistrano Noise Ordinance. Specifically, the permittee shall ensure that all landfill/construction
equipment is properly muffled and limit landfill operating hours as specified in other conditions of
approval.
21. Unless otherwise provided by the South Coast Air Quality Management
District, the permittee shall install and maintain a best available control technology landfill gas
collection system in compliance with the requirements of the South Coast Air Quality Management
District. The permittee shall also control the lateral migration of gases to the satisfaction of the Local
Enforcement Agency and the South Coast Air Quality Management District.
22. The permittee shall operate the landfill in a manner which conserves water,
including the use of reclaimed waste water to the extent feasible.
23. The permittee shall comply with applicable provisions of Sections 1601
through 1603 of the California Fish and Game Code prior to any alteration of drainage courses and
shall mitigate disturbed riparian habitat or wetlands to the satisfaction of the California Department
' of Fish and Game (CDFG) and the U. S. Corps of Engineers (COE).
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24. The Local Enforcement Agency shall have the authority to order the immediate
cessation of landfilling or other activities at the site if it determines that the health, safety and/or
welfare of residents may be jeopardized by such activities.
25. The permittee shall implement programs to identify and conserve any
significant archaeological and paleontological materials which may be present, as described in the
environmental impact report for the project. The recovery and conservation shall be supervised and
reported upon as set forth in the environmental impact report.
26. That portion of the landfill project site within the City of San Juan Capistrano
and outside the proposed landfilling/grading limits shall remain as natural open space and low -
intensity park and recreational use (i.e., hiking/riding trails, picnicking, bird watching, etc.) until
implementation of the park master plan, unless otherwise designated in the approved General
Development Plan.
27. The permittee shall implement and otherwise comply with all provisions of the
mitigation monitoring program established by Revised Draft Environmental Impact Report #548,
Prima Deshecha Canada Landfill General Development Plan.
28. Prior to issuance of a revised solid waste facility permit (SWFP) by the Local
Enforcement Agency (LEA) for the 1996 General Development Plan, the County of Orange shall
submit that Plan for Prima Deshecha Canada Landfill to the City for review and final approval, based
on consistency with the conditions of approval established herein, and the adopted Memorandum of
Understanding between the County and the City.
29. Prior to issuance or approval of a revised solid waste facility permit (SWFP)
by the Local Enforcement Agency (LEA) for the 1996 General Development Plan, the County of
Orange shall submit a fill plan, including detailed cross-sections, to the City of San Juan Capistrano
for its review and approval. The fill plan shall be accompanied by a "geotechnical/soils report" which
demonstrates the feasibility of the proposed fill plan. The County shall be responsible for funding
third party geotechnical review of that "fill plan" and "geotechnical and soils report". Selection of
the third party geotechnical consultant shall be mutually agreed upon by the County and the City.
The report will include slope stability analysis and shall demonstrate compliance with professionally -
accepted standards established for both static and seismic conditions.
30. Prior to issuance or approval of a revised solid waste facility permit (SWFP)
by the Local Enforcement Agency (LEA), the County of Orange shall demonstrate compliance with
the funding requirements established by Title 14 and Title 23 with respect to financing landfill closure
and post -closure maintenance.
31. This conditional use permit including all conditions of approval shall be subject
to review and further action by the City of San Juan Capistrano in conjunction with review of the
1996 General Development Plan and one year prior to required State review of the Solid Waste
Facility Permit (ie. December 5, 1999; December 5, 2004; December 5, 2009; etc.). The City may
revoke, amend, or take no action on the conditional use permit. —
32. Beginning December 5, 1999, and every three (3) years thereafter (ie.
December 5, 2002, 2005, etc.), the County, in cooperation with the City of San Juan Capistrano,
Ell
shall prepare and submit a traffic operations analysis to evaluate the following intersections on
Ortega Highway between La Pata Avenue and I-5.
Calle Entradero
Via Cristal
Sundance Drive
Rancho Viejo Road
I-5 Southbound ramps
Via Cordova
Avenida Siega
La Novia Avenue
I-5 Northbound ramps
Said study shall provide information on landfill traffic and delivered tonnage
and address access and egress delays, median storage, sight distance, signal warrant analysis, and
level of service (based on ICU/Intersection Capacity Utilization and HCM/Delay Method) qt the
above intersections subject to the satisfaction of the City Engineer. The level of service standard
shall be a minimum "D" as established by the City of San Juan Capistrano General Plan Growth
Management Element. The County of Orange shall be responsible for assuring construction of
any improvements required or recommended as a result of the traffic operations evaluation.
Actual funding may be provided by County of Orange Road Fee, California Department of
Transportation (Caltrans), and/or Orange County Transportation Authority (OCTA).
PASSED, APPROVED, AND ADOPTED this
December , 1995.
ATTEST:
I
/t CITY CLERK J —V
•�u �/
axL_) ✓d
CAROLYA NASH, MAYOR
0
5th
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.
95-12-5-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of December 1995, by the
following vote:
AYES: Council Members Jones, Hart, Swerdlin and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: Council Member Campbell
(SEAL)
CHERYL JOHMON4tITY CLERK
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