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HomeMy WebLinkAbout99-20RESOLUTION NO. 99-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH THE DECISION TO SUBMIT AN APPLICATION TO THE LOCAL ENFORCEMENT AGENCY AND THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO AMEND THE SOLID WASTE FACILITIES PERMIT FOR THE CITY OF UKIAH SOLID WASTE DISPOSAL SITE AT THE END OF VICHY SPRINGS ROAD IN MENDOCINO COUNTY. $qHEREAS: 1. The City Council has certified as adequate and complete a Supplemental Environmental Impact Report ("SEIR") for proposed amendments to the Solid Waste Facilities Permit for the City of Ukiah solid waste disposal site. The SEIR consists of a Draft Supplemental Environmental Impact Report, dated June 1998 ("SDEIR"), and a Final Supplemental Environmental Impact Report, including a response to comments, dated September 16, 1998 "FSEIR"); and 2. The proposed waste facilities permit amendments would increase the permitted maximum daily limit on refuse deposited in the landfill from 190 tons to 295 tons on any particular day. (This amendment will be identified herein as "the Project" or "the Proposed Change"); and 3. The SEIR also evaluates the potential environmental effects and the feasibility of constructing a new landfill entrance along the southwesterly property line of the adjacent Ukiah Rifle S: \U\Resos98\LNDFLL.seir.wpd October 13, 1998 I and Pistol Club property ("the New Landfill Entrance alternative"); and 4. The New Landfill Entrance alternative was a proposal which the City agreed to consider as a potential mitigation, when it evaluated the environmental impacts of the last amendments to its Solid Waste Facilities permit approved by the California Integrated Waste Management Board ("CIWMB'') on July 30 ,1996 ( "Previous Amendments" ); and 5. In evaluating the environmental effects of the Previous Amendments the City prepared and circulated in compliance with the California Environmental Quality Act ("CEQA") and its implementing regulations environmental documents ( "Previous Environmental Documents") which are described and discussed in the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH THE DECISION TO SUBMIT AN APPLICATION TO THE LOCAL ENFORCEMENT AGENCY AND THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO AMEND THE SOLID WASTE FACILITIES PERMIT FOR THE CITY OF UKIAH SOLID WASTE DISPOSAL SITE AT THE END OF VICHY SPRINGS ROAD IN MENDOCINO COUNTY adopted on February 7, 1996 {"Previous Findings"); and 6. The Previous Environmental Documents evaluated all environmental effects of increasing the peak daily disposal rate at the landfill from 190 to 295 tons, except for associated noise S:\U\Resos98\LNDFLL.seir.wpd October 13, 1998 2 impacts, which are specifically evaluated in the SEIR; and 7. The SEIR has determined that the Proposed Change will not have a significant adverse impact on the environment; and 8. The SEIR has determined that while the New Landfill Access Road alternative could reduce noise impacts at the adjacent Vichy Springs Resort, the noise impacts associated with the Proposed Change is insignificant. Moreover, the New Landfill Access Road alternative would produce potentially significant noise impacts on the residents of the Vichy Springs Subdivision and would have other potentially significant adverse impacts particularly on biological resources, slope stability and downstream water quality. Finally, the SEIR determined that the cost of constructing the New Landfill Access Road is excessive in relation to the time it could be used and its environmental benefits, making the alternative infeasible; and 9. The City Council has determined to approve the Project; and 10. The City Council has based its decision on the record which includes those items identified in Public Resources Code Section 21167.6(e), including, but not limited to, the SEIR, the Previous Environmental Documents, the documents described in paragraph 7 of the Previous Findings, and the entire landfill files; and 11. The record of proceedings upon which this decision is based, including the Landfill file, is maintained in the office of the Public Works Director/City Engineer, Civic Center, 300 Seminary S:\U\Resos98\LNDFLL.seir.wpd October 13, 1998 3 Avenue, Ukiah, CA. 95482, as the custodian of the record, and is available for public inspection upon request of the Public Works Director/City Engineer or his designee; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows. 1. The EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. Both the SEIR and the Project were considered by the City Council at a public meeting on October 7, 1998. 3. The City Council has considered all documents submitted during the public comment period for the SEIR and all testimony presented during its meeting as well as the SEIR, Agenda Summary prepared for the October 7, 1998, City Council meeting, and the Landfill File. The Agenda Summary is incorporated herein by reference. The City Council has independently reviewed and analyzed this resolution and the SEIR. 4. The Project is described in the DSEIR at pp. I-7 to I-8. This description is incorporated herein by reference. 5. The SEIR evaluated the impacts of the Project itself as well as its impacts in combination with impacts from past, present and probable future projects. The SEIR determined that the noise impacts from the project are less than significant. Those findings are incorporated herein by reference. No measures are proposed or required to mitigate these less than significant effects. 6. The Previous Environmental Documents and the Previous S:\U\Resos98\LNDFLL.seir.wpd October 13, 1998 4 Findings determined that impacts other than noise impacts from the Project are insignificant as mitigated. The discussion of those impacts, the mitigations and the mitigation monitoring program in the Previous Environmental Documents, including the mitigation monitoring plan as amended on January 15, 1997, and the Previous Findings are incorporated herein by reference. 7. For the reasons stated in paragraph 8 of the Recitals to this Resolution, the New Landfill Entrance alternative is rejected as infeasible and not a preferred alternative. (See SDEIR at pp. III-1 to III-11, which is incorporated herein.) The discussion of other alternatives in the Previous Findings are incorporated herein. 8. The Proposed Change have no effect on the City Council's previous finding of overriding consideration and no findings of overriding consideration are required for the Proposed Change, because they will have less than significant effects, including less than significant effects on historic resources. 9. Based on these Findings, the City Council hereby authorizes the Public Works Director to submit an application to the LEA and CIWMB and take all necessary steps to implement the Project. PASSED AND ADOPTED this 7th day of October 1998 by the following roll call vote: AYES: Council Members Kelly, Mastin and Mayor Malone NOES: Council Member Ashiku~ ~ ~,n an~Mal~/----~ ~~ ABSENT: Council Member Chavez 5 S:\U\Resos98\LNDFLL.seir,wpd October 13, 1998 ATTEST: Marie Ulvila, City Clerk S:kU\Resos98\LNDFLL.seir.wpd October 13, 1998 6