Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-001077

 

MEETING DATE:

01/25/22

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Waste & Recycling   (Approved)

Department contact person(s):

Tom Koutroulis (714) 834-4122 

 

 

Hany Ahmed (949) 728-3043

 

 

Subject:  Approve Amendment No. 4 to Prima Deshecha Landfill General Development Plan

 

     ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Public Hearing

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 08/24/2021 #7, 06/19/2007 #19, 10/22/2002 #14, 11/06/2001 #56

 

RECOMMENDED ACTION(S):

 

 

1.

Adopt Resolution certifying the Final Second Supplemental Environmental Impact Report to Final Environmental Impact Report 575 for Amendment No. 4 to the Prima Deshecha Landfill General Development Plan.

  • Adopt Statement of Facts and Findings for the Final Second Supplemental Environmental Impact Report to Final Environmental Impact Report 575 for Amendment No. 4 to the Prima Deshecha Landfill General Development Plan.
  • Adopt Mitigation Monitoring and Reporting Program for the Final Second Supplemental Environmental Impact Report to Final Environmental Impact Report 575 for Amendment No. 4 to the Prima Deshecha Landfill General Development Plan.
  • Adopt Statement of Overriding Considerations for the Final Second Supplemental Environmental Impact Report to Final Environmental Impact Report 575 for Amendment No. 4 to the Prima Deshecha Landfill General Development Plan.

 

2.

Conduct Public Hearing.

 

3.

Adopt Resolution approving Amendment No. 4 to the Prima Deshecha Landfill General Development Plan.

 

 

 

 

 

 

 

SUMMARY:

 

Certification of the Second Supplemental Environmental Impact Report to Final Environmental Impact Report 575 for Amendment No. 4 to the Prima Deshecha Landfill General Development Plan and its components will find that the analysis therein is complete and adequate to address all environmental effects of the proposed project and fully complies with the requirements of CEQA and will allow for implementation of the proposed project.

 

 

 

BACKGROUND INFORMATION:

 

OC Waste & Recycling (OCWR) is responsible for managing the County’s solid waste disposal system including South Region Landfills that consist of the active Prima Deshecha Landfill (Prima) and five closed solid waste disposal sites. Prima was opened in 1976 to meet the solid waste disposal needs of the southern portion of Orange County. Prima is a 1,530-acre landfill site located within unincorporated Orange County, the City of San Juan Capistrano and the City of San Clemente. The landfill operation is currently located in an area designated as Zone 1, which has capacity to accept trash through approximately 2050. Zone 4, located on the east side of the property, is currently in the planning stages for development. Development of Zone 4 provides estimated disposal capacity for Prima through the anticipated closure date in the year 2102, ensures long term disposal capacity for Orange County and provides for a stable rate structure for the cities and special districts within the County for future generations.   

 

On November 6, 2001, the Board of Supervisors (Board) adopted the 2001 Prima General Development Plan (GDP), which is the planning document guiding the landfill’s development through projected closure of the landfill in 2102. Concurrently, the Board certified Final Environmental Impact Report (FEIR) No. 575, which analyzed the environmental impacts of the GDP. The Board adopted Amendment No. 1 and 2 to the Prima GDP on October 22, 2002 and June 19, 2007, respectively. Concurrently, with approval of Amendment No. 2, the Board certified Final Supplemental Environmental Impact Report (FSEIR) No. 597 which analyzed the environmental impacts of Amendment No. 2 to the Prima GDP. On August 24, 2021, the Board adopted Amendment No. 3 to the Prima GDP. These prior Board actions are described in greater detail in the table below.

 

The following table represents prior Board actions that relate to the current SEIR certification and Prima GDP Amendment:

 

Board Approved

Action

Comments

November 6, 2001

2001 Prima GDP and FEIR No. 575

Approved the 2001 Prima GDP - the planning document guiding the landfill’s development through projected closure, and certified FEIR No. 575 which analyzed the environmental impacts of the GDP.

October 22, 2002

Amendment No. 1 to Prima GDP, Settlement Agreement with RMV and Covenant and Declaration of Restrictions

Approved Amendment No. 1 to the Prima GDP for the Settlement Agreement with the Rancho Mission Viejo Company (RMV), which revised Deed Restrictions for a portion of the landfill property resulting in minor adjustments to the proposed refuse footprint in Zone 4 for future landfilling activities in order to address comments by RMV on FEIR No. 575 related to impacts of landfill activity on RMV’s anticipated future use of its adjacent property to the landfill. Because the refuse footprint was actually reduced and the elevation of refuse was unchanged, no additional environmental impacts resulted from the change to the Prima GDP.

June 19, 2007

Amendment No. 2 to Prima GDP and FSEIR No. 597

Approved Amendment No. 2 to the GDP which refined the GDP to include (1) a more detailed assessment of project activities and requirements at the landfill; (2) modified drainage features to support on-site biological resources; (3) revised project design to improve drainage and avoid sensitive biological resources; (4) increased area of temporary ground disturbance to implement landslide remediation and landfill support features; and (5) incorporated pre-mitigation and biological enhancement plans to support the acquisition of long-term resource agency permits for continued landfill build-out. Also certified FSEIR No. 597 which analyzed the environmental impacts of Amendment No. 2 to the GDP.

August 24, 2021

Amendment No. 3 to Prima GDP

Approved Amendment No. 3 to the GDP which updated the GDP to be consistent with the Orange County Master Plan of Arterial Highways and Orange County General Plan Amendment to incorporate the Los Patrones Parkway Extension Project proposed alignment through Prima Landfill.

 

 

The Second SEIR to FEIR No. 575 assesses the environmental impacts of the proposed project in Amendment No. 4 to the Prima GDP. The proposed project constitutes a refinement of the project described in the original GDP. Project components analyzed in the SEIR include the following components:

 

  • Changes to the phasing of operations between Zone 1 and Zone 4 of the landfill to allow for concurrent operations; and
  • Blasting, excavation, on-site relocation, pulverizing into soil, soil stockpiling and off-site removal of San Onofre Breccia material in Zone 4; and
  • Imported soil trips for liner installation that will occur for all future Zone 4 development phases.

 

Implementation of the proposed project will result in a landfill operation that is identical in all operational effects to the existing landfill operation, but with the flexibility to shift between Zone 1 and Zone 4 of the landfill based on seasonal environmental conditions to minimize any potential noise, dust and odor impacts that may occur to existing residential developments located near the landfill. The other two components of the project are necessarily included elements for normal development and construction of the landfill that have been refined and the potential environmental impacts of which have been further analyzed in the current SEIR. There are no changes to the landfill refuse footprint, total landfill capacity, landfill life or traffic volumes proposed in Amendment No. 4 to the GDP. Traffic access to Prima would remain unchanged under the proposed project. Access to the landfill is designated from the I-5 freeway via Ortega Highway and Avenida La Pata.

 

The County of Orange is charged with the responsibility of providing landfill capacity to serve the anticipated waste disposal demand created within the County. This demand is presently being served in part by the existing Prima landfill, which is anticipated to reach build-out in approximately 2102. At that time, it is projected to be the only landfill remaining in Orange County. Should the remaining capacity of Prima be reduced, or project operations be interrupted, the County would be required to seek alternate refuse disposal options which would likely entail the need to transport refuse to other off-site locations. The environmental, social and economic impacts resulting from these alternate disposal options would be severe. Such alternatives were analyzed in EIR 575 and rejected due to associated significant environmental, social and economic impacts and inconsistency with meeting project objectives.

 

On August 4, 2021, the Draft Second SEIR (DSEIR) to FEIR No. 575 for Amendment No. 4 to the Prima GDP was circulated for a 45-day public review period to public agencies, interested parties, service providers and residents by OCWR. Comments received during the comment period did not result in significant changes to the information contained in the DSEIR nor present significant new information that would require recirculation of the document. Based on the results of the Initial Study, the following topics were carried forward for detailed study in the DSEIR: Aesthetics, Air Quality, and Noise. The SEIR identified no new areas of environmental impact that are considered significant. The proposed project would not result in any new or more significant impacts as compared to what was analyzed and disclosed in FEIR No. 575 or FSEIR No. 597 (First SEIR to FEIR No. 575), and no new mitigation measures are proposed or required. All mitigation commitments contained within FEIR No. 575 and FSEIR No. 597, and the 2001 Prima GDP remain as project commitments and will apply to the proposed project analyzed in the Second SEIR to FEIR No. 575.

 

The proposed project will provide needed facilities and services to residents of the County by providing for the continued operation of Prima at its currently approved capacity. The proposed project will also allow OCWR to better serve the community by allowing operations to shift between the two zones of the landfill to minimize potential odors and other impacts to neighboring residents based on seasonal environmental conditions. The ultimate use of this property, after termination of landfilling, will be consistent with the GDP. Implementation of the proposed project will enable OCWR to maintain adequate revenues and local control of waste disposal to provide consistent and reliable public rates and fees.

 

Compliance with CEQA: The proposed Final Second SEIR to FEIR 575 for Amendment No. 4 to the Prima GDP has been prepared and circulated for public review. The DSEIR was posted for public review and comment from August 4, 2021 to September 17, 2021. The Response to Comments portion of the Second SEIR to FEIR 575 includes responses which provide a comprehensive review and response to the most common questions or comments received on the DSEIR. In addition to certifying the Final Second SEIR to FEIR 575, the resolution presented for consideration adopts the statement of facts and findings, mitigation monitoring and reporting plan and statement of overriding considerations associated with the FSEIR, for the Project.

 

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A – Resolution in support of certification of the Final Second SEIR to Final EIR 575
Attachment B – Statement of Facts and Findings
Attachment C – Mitigation Monitoring and Reporting Program
Attachment D – Statement of Overriding Considerations
Attachment E – Resolution in support of approving Amendment No. 4 to Prima Deshecha Landfill General Development Plan
Attachment F – Proposed Final Second SEIR to Final EIR 575
Attachment G - Appendix A to Proposed Final SSEIR to FEIR 575
Attachment H - Appendix B to Proposed Final SSEIR to FEIR 575
Attachment I - Appendix C to Proposed Final SSEIR to FEIR 575
Attachment J - Appendix D to Proposed Final SSEIR to FEIR 575
Attachment K - Appendix E to Proposed Final SSEIR to FEIR 575
Attachment L - Appendix F to Proposed Final SSEIR to FEIR 575