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Ordinance Number 770317 ORDINANCE NO. 770 01K3 1 i 7-M-6, 4010 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3 OF THE MUNICIPAL CODE TO ESTABLISH A SOLID WASTE FACILITY BASE ZONE DISTRICT, DESIGNATE PRIMA DESHECHA LANDFILL AS A SOLID WASTE FACILITY SITE, AND AMENDING APPENDIX "A° DEFINITIONS TO ESTABLISH A DEFINITION FOR SOLID WASTE FACILITIES THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 1 ► i rte 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, 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), consisting of a 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 proposed Code Amendment and Zone Change have 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 #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 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 Revised Draft Environmental Impact Report #548, and proposed -1- 318 Code Amendment and Zone Change and has deferred from recommending City Council certification of the EIR, and recommended adoption of the Code Amendment and Zone Change; and, WHEREAS, the City Council has considered the Environmental Administrator's determination and the Planning Commission's recommendation on Revised Draft Environmental Impact Report #548 pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council conducted a duly noticed public hearings on November 21 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed; and, WHEREAS, the proposed Code Amendment and Zone Change applications 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, WHEREAS, the proposed Code Amendment and Zone Change applications comply with all purpose and intent of Title 9, Land Use Code of the Municipal Code; and, WHEREAS, the proposed Code Amendment and Zone Change applications provide the City with appropriate and necessary land use regulations to manage the operations of the Prima Deshecha Canada Landfill within the City of San Juan Capistrano. SECTION 2. Amendment Text Based upon the findings set forth in Section 1 preceding, the following amendment to the Municipal Code is hereby enacted: Section 9-3.423.7 is added to the Municipal Code to read as follows: Section 9-3.423.7. Solid Waste Facility (SWF) District. (a) Purpose and Intent. The purpose and intent of the Solid Waste Facility (SWF) District is to regulate the development and operation of solid waste landfills in such a manner as to assure consistency with the General Plan, in particular the Land Use Element and applicable policies. The City will seek to assure that landfills operations are conducted in such a manner that they will not result in significant impacts to the City, its residents and businesses and that future redevelopment of landfill sites will result in publicly -beneficial open space and recreation uses. (b) Principal uses and structures permitted. The following principal uses and structures are permitted within the Solid Waste Facility (SWF) District: (1) Parks, public and private. (c) Accessory uses and structures permitted. The following accessory uses and structures are permitted within the Solid Waste Facility (SWF) District: (1) Parking and access drives; (2) Scales, water tanks, detention basins; (3) Landfill administrative offices/buildings; -2- 319 (4) groundwater monitoring wells; (5) methane gas monitoring wells; and, (6) park improvements, public and private (except those requiring CUP). (d) Conditional uses and structures permitted. The following conditional uses and structures are permitted within the Solid Waste Facility (SWF) District: (1) solid waste landfills; (2) recycling facilities; (3) materials recovery facility; (4) household hazardous waste facilities; (5) composting/greenwaste facility; (6) landfill gas (LFG) utilization system; (7) landfill gas flare stations; (8) leachate collection & processing facilities; (9) borrow sites; and, (10) any similar landfill -related uses. (e) Development requirements. The following requirements shall apply in the Solid Waste Facility (SWF) District; (1) Solid Waste Facilities Permit (SWFP). Landfills shall be subject to issuance of a valid solid waste facilities permit (SWFP) issued by the State of California Integrated Waste Management Board, including review by the County of Orange Health Department, South Coast Air Quality Management District (SCAQMD), and San Diego Regional Water Quality Control Board (SDRWQCB); or such other agency with appropriate jurisdiction. (2) General Development Plan. Operation of solid waste landfills shall be subject to a City - approved General Development Plan which addresses physical landfill limits (vertical and horizontal), total landfill capacity, maximum daily landfilling limits, landfill service area limits, landfill access routes, landfill phasing, reuse plan, and financing plan/strategy for closure, post -closure maintenance, and reuse. (3) Public ownership. Landfills shall be publicly -owned facilities, but may be operated, under contract, with private corporations specializing in solid waste landfill operations. (f) Development standards. The yard (set -back) requirements, minimum lot sizes, minimum street frontage, and related standards, for the Solid Waste Facility (SWF) District shall be as set forth in Section 9-3.424. (g) Environmental management standards. Standards related to management of project effects on sensitive natural resources (ie. floodplains, hillsides, ridgelines, etc.) shall be as setforth in Title 9, Chapter 5 of the Land Use Code (h) Development plans and review. (1) Plans required for review of projects within the Solid Waste Facility (SWF) District shall be subject to the administrative authority of the Planning Director who will maintain "submission requirements" for each discretionary application process. (2) Projects proposed within the Solid Waste Facility (SWF) District shall be subject to development review as set forth in Section 9-2.305 of this Title. (i) Supplementary district regulations. For sign, parking, fence, and similar regulations for the Solid Waste Facility (SWF) District, see Article 6 of this chapter. (3.413, Ord. 293, as amended by 2, Ord 409, eff. August 1, 1980) 5GU Section 9-3.424 of the Land Use Code, Table 3-1, Development Standards is hereby amended to add the "Solid Waste Facility Zone District" and a notation stating "per General Development Plan or Precise Plan". The Official Zoning Map for the City of San Juan Capistrano is hereby amended as provided by Exhibit "A". Appendix "A", Definitions is hereby amended to add the following: Solid waste facility (SWF): Solid waste facility shall mean a Class III sanitary public solid waste landfill designed and operated for the long-term disposal of solid waste which is subject to review and issuance of a solid waste facilities permit (SWFP) from the California Integrated Waste Management Board and which is operated pursuant to Titles 14 and 23 of the California Code of Regulations (CCR). Solid waste facilities shall not include any facility designed and operated for the management or long-term disposal of any hazardous substances as defined in Section 25117 of the California Code of Regulation (CCR), Health and Safety Code. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED December 11995. ATTEST: &z�-, le 9�;vt� l/L. CITY CLERI AND ADOPTED this 5th day of CAROLYN MASH, MAYOR M 321 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 Ordinance No. 770 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 21st , 1995, and adopted at a meeting held on December 5th , 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON, CITY CLERK -5- PC (CDP 81-2) LEGEND: BASE DISTRICTS: F- AO GENERAL AGRICULTURAL RA SMALL FARM EL LARGE ESTATE ES (MALL ESTATE Rt SINGLE FAMILY RD GARDEN NOME RM MULTIPLE FAMILY MNP MOSILENOME PARK PRD PLANNED RESIDENTIAL DEVELOPMENT PC PLANNED COMMUNITY CT TOURIST COMMERCIAL CO OFFICE COMMERCIAL CN NEIGHBORHOOD COMMERCIAL CO GENERAL COMMERCIAL CM COMMERCIAL MANUFACTURING MO GENERAL INDUSTRIAL MP INDUSTRIAL PARK IF PUBLIC A INSTITUTIONAL PR PRIVATE RECREATION OR OPEN SPACE RECREATION OS OPEN SPACE PRESERVATION SP PRECISE PLAN OM GROWTH MANAGEMENT FM PARK MARKET PO PLANNED DEVELOPMENT SWF Solid Waste Facility ENVIRONMENTAL MANAGEMENT DISTRICTS: DESIGNATED BY MAP OVERLAY: FP -1 FLOOOWAY FP -2 FLOODWAY FRINGE DESIGNATED IN CODE TEXT: TWO APPLAZA.PLITY Of .ACM OF OLO.1N..•VIRON.1NVAL uo .A.A...T .men T rv.uu 1....I rt94 Mn i..CO1Asu C..ITN THAT DurOIC1'. APPlreuu .�ATAICT A.OYLAr10N\ IN T:11.. OP ............ CO... 1N. N.L.NA.T ......en.. 1. rgmnu a PA ... 1Nu... HM HILLSIDE MANAGEMENT IE -3.6061 N NOIRE MANAGEMENT (9-3.006) 0 DESIGN STANDARDS (6-3.60)1 NP HISTORIC PRESERVATION (6-3.606) $C SCENIC CORRIDOR (9-3.606) NOTE: RELIABLE FLOOD PLAIN INFORMATION SHOULD BE REFERENCED FROM THE F.I.R.M. MAPS.