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Time Set 11.
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| Planning Commission |
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| Information |
| SUBJECT |
| ZF #2019-0008: Public hearing to consider a recommendation to the Board of Supervisors on a General Plan land use/zoning designation change to accommodate the Bryte Landfill Remediation Project in accordance with mitigation measures adopted for the project. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared by the Sacramento Area Flood Control Agency (SAFCA), and adopted by the Board of Supervisors as a Responsible Agency on December 11, 2018, under Resolution No. 18-156. (Applicant: SAFCA; Planner: SCormier) |
| SUMMARY |
| FILE # 2019-0008 |
APPLICANT:
Richard M. Johnson
Sacramento Area Flood Control Agency (SAFCA)
1007 7th Street, 7th Floor
Sacramento, CA 95814 |
OWNER:
Real Party in Interest: SAFCA |
LOCATION: 21788 County Road 124
West Sacramento 95691
GENERAL PLAN: Agriculture (AG)
ZONING: Agricultural Intensive (A-N)
SUPERVISORIAL DISTRICT: TBD |
SOILS: Sacramento silty clay loam, drained (Grade 3 - Fair)
FLOOD ZONE: AE (are within 100-year floodplain, flood levels determined)
FIRE SEVERITY ZONE: moderate, non-wildland |
| ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration |
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| RECOMMENDED ACTION |
That the Planning Commission recommend the Board of Supervisors:
A. Reaffirm approval of Resolution No. 18-156, adopted by the Board in December 2018, regarding the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program for the Bryte Landfill Remediation Project (Attachment B); and
B. Approve a land use designation change on approximately 16 acres of Assessor's Parcel Number 042-340-004 (portion of) from Agriculture (AG) to Public/Quasi-Public (PQ) and a corresponding rezone from Agricultural Intensive (A-N) to Public/Quasi-Public (PQP) to satisfy mitigation required for implementing the Bryte Landfill Remediation Project (Attachment C), conditioned on acquisition of the property by the Sacramento Area Flood Control Agency. |
| REASONS FOR RECOMMENDED ACTIONS |
The Sacramento Area Flood Control Agency (SAFCA) has entered into a Voluntary Cleanup Agreement with the California Department of Toxic Substances Control (DTSC) for cleanup of the Old Bryte Landfill, which is contained on the Hazardous Waste and Substances Sites (Cortese) List. The Bryte Landfill Remediation Project, previously considered by the Board of Supervisors in December 2018 to initiate eminent domain proceedings, will involve the complete removal and relocation of all waste material in the old landfill, any impacted sediment within the drainage canal on the north side of the landfill, and native soil underlying the waste that contains constituents of concern exceeding remedial goals. The excavated material will be relocated to a Corrective Action Management Unit (CAMU) on contiguous property north of the Bryte Landfill that will be designed consistent with Title 27 and Title 22 Section 66264.552 of the California Code of Regulations and DTSC's Proven Technologies and Remedies Guidance for Remediation of Metals in Soil to contain the waste and protect human health and the environment. Cleanup of the site would allow for unrestricted future use of the old landfill property.
The MND and MMRP adopted for the project require that, prior to initiation of construction, SAFCA shall submit an application to Yolo County to rezone the CAMU site from A-N to a zoning designation more compatible with emplacement of treated landfill material and associated facilities. Construction is not to begin until the new zoning designation has been approved by Yolo County. Thus, staff is seeking the Planning Commission's recommendation for approval of a land use designation change from AG to PQ and corresponding rezone from A-N to PQP to comply with mitigation described in the MND and to facilitate the relocation and remediation of the Old Bryte Landfill after SAFCA has acquired the property. |
| BACKGROUND |
The Old Bryte Landfill occupies approximately 9.5 acres on APN: 042-280-011, an approximately 16.69-acre parcel, and is located at 50035 County Road 126, off Old River Road, one mile north of the City of West Sacramento. The Bryte Landfill site and surrounding vicinity are designated and zoned for agricultural uses. The site is bordered on the north and east by a drainage canal within Reclamation District (RD) No. 785 and on the west and south by the California Department of Water Resources (DWR) State Plan of Flood Control levee system. The northern levee of the Sacramento Bypass borders the landfill to the south. The eastern levee of the Yolo Bypass, with the Tule Canal immediately adjacent to the west, borders the landfill to the west. Actively managed agricultural land is present to the north and east of the old landfill.
Site investigations at the Old Bryte Landfill during the 1990s and early to mid 2000s revealed potential impacts from the landfill on surface and groundwater quality, and it was determined that the site did not meet cover, erosion control, drainage, and site security requirements posing a threat to public health and safety and the environment. In 2012, the previous landowner, began placing a soil cover over the landfill under a permit issued by the County. Grading and testing in 2015 revealed that some areas did not have adequate cover and additional soil cover material was placed to meet the property owner's cover requirements under the permit. The Bryte Landfill site is partially graded, and was recently used for limited agriculture. In 2015, SAFCA entered into a Voluntary Cleanup Agreement with DTSC to further investigate remedial actions. As a result, a remedy for the landfill was identified and the Bryte Landfill Remediation Project has since been designed to satisfy the remedial action objectives for cleanup of the old landfill, as defined in the Draft Remedial Action Plan in compliance with the Comprehensive Environmental Response, Compensation, and Liability Act and the Voluntary Cleanup Agreement with DTSC.
The Initial Study/Mitigated Negative Declaration prepared and adopted for the Bryte Landfill Remediation determined that the project would not have any significant adverse effects on the environment after implementation of mitigation measures, which includes mitigation identified for reducing impacts to agricultural resources, among other things. Yolo County, acting as a Responsible Agency, considered the information in the MND and has adopted CEQA findings pertaining to the Bryte Landfill Remediation Project (Attachment B). The action before the Planning Commission is to provide a recommendation to the Board of Supervisors on the proposed land use and zoning designation change to comply with Mitigation Measure AG-2a: Rezone the CAMU Site. |
| PROJECT DESCRIPTION |
The Bryte Landfill Remediation Project consists of relocating the excavated materials from the old landfill site to an approximately 8.5-acre Corrective Action Management Unit (CAMU) site. In order to accomplish remediation and relocation of the landfill materials, approximately 16 acres of land would be acquired immediately contiguous to the old landfill site on an approximately 600-acre parcel owned by Lexington, LLC. The property for the CAMU site is used for agricultural production, including corn and row crops. The proposed CAMU site, which will be constructed approximately 1,700 feet away from the existing landfill, will be used to safely store materials excavated from the old landfill.
The CAMU location has been selected to remain contiguous with the old landfill site, minimize environmental impacts, and avoid placement in a potential future floodplain expansion area if the Lower Elkhorn Basin Levee Setback Project is constructed by DWR. The Levee Setback Project includes construction of a setback levee along the Sacramento Bypass, which was included in the recommended plan for the American River Common Features Project, General Reevaluation Report, as authorized by Congress in the 2016 Water Resources Development Act.
In December, the Board of Supervisors authorized the initiation of eminent domain proceedings to obtain the CAMU site. Once acquired, the site will be transferred to SAFCA. The requested zoning change will be contingent on SAFCA's acquisition of the property. |
| ANALYSIS |
The Bryte Landfill Remediation Project is described as an element of the American River Common Features Project, but is being undertaken as a separate project by SAFCA in cooperation with DWR and the U.S. Army Corps of Engineers. The CAMU is designed and sited to be outside the new expanded floodway of the Yolo Bypass, which would be expanded as part of DWR's Levee Setback Project. Conversely, the old landfill site would be within the expanded floodway.
Implementation of the Remediation Project includes preparation of all necessary documentation for remediation, including design, implementation, and feasibility, for describing site activities associated with excavation, disposal, and restoration. The plans have been approved by DTSC and will be supported by site-specific health and safety, traffic control, construction quality assurance, stormwater pollution prevention, and air monitoring plans. Upon excavation, material will be sorted and C&D debris will be trucked to the Yolo County Central Landfill; all other waste will be stabilized, as required, and relocated to the CAMU.
SAFCA acquired the Bryte Landfill property in May 2018, and Yolo County proposes to acquire the approximately 16 acres from the adjacent property owner where the CAMU would be located. Once acquired, the County will convey the site to SAFCA to establish the CAMU, which would occupy approximately 8.5 acres within the site. SAFCA will retain ownership of the site following construction. The County and SAFCA have executed a cost-sharing agreement to support the County's initial acquisition of the CAMU site (Attachment D).
A detailed description of the Bryte Landfill Remediation Project has been provided by the applicant and is available as Attachment E. In an effort to expedite implementation of the project and comply with mitigation measures adopted with the MND and MMRP, staff relied on the applicant's project materials, environmental documentation, and previous staff materials presented at the December 11, 2018, Board of Supervisors meeting to prepare this staff report. In compliance with adopted mitigation for the Bryte Landfill Remediation Project, staff is seeking the Planning Commission's recommendation to the Board of Supervisors for approval of a land use designation change, and corresponding zoning change, on approximately 16 acres of agricultural land to be used for a CAMU site. Staff recommends approval of the proposed land use change to Public/Quasi Public (and corresponding rezone to PQP) as it represents a more compatible land use designation for placing treated landfill material and associated facilities necessary to contain the CAMU.
APPEALS
Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing with the Clerk of the Board of Supervisors within fifteen (15) days from the date of the action. A written notice of appeal specifying the grounds for appeal and an appeal fee immediately payable to the Clerk of the Board must be submitted at the time of filing. The Board of Supervisors may sustain, modify, or overrule this decision. |
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