RESOLUTION NO. XXXX-06-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, AMENDING CONDITIONS OF APPROVAL ONE, TWO, AND THREE OF CONDITIONAL USE PERMIT 09-01, AND ADOPTING AN ADDENDUM TO THE EDCO SIGNAL HILL RECYCLING AND TRANSFER FACILITY EIR SCH# 2008081009 APPROVED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15162 WHEREAS, in 2009, the applicant, EDCO Disposal Corporation (“EDCO”) doing business as Signal Hill Disposal LLC, submitted an application to construct and operate a recycling and solid waste transfer station on an approximately 3.75 acres of leased property at 2755 California Avenue in the City of Signal Hill, County of Los Angeles; and WHEREAS, the site is legally described as Lots 1 – 39 and 42 – 48 of the North Long Beach Tract, in the City of Signal Hill, County of Los Angeles, State of California, as per map recorded in Book 10, Page 97 of Maps, in the office of the County Recorder of said county; and WHEREAS, the State of California through enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et. seq. (the “Act”) directed all local jurisdictions to promote recycling and maximize the use of feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste required to be disposed of by land disposal; and WHEREAS, the Puente Hills Landfill, owned and operated by the County Sanitation Districts of Los Angeles County, was a major solid waste disposal facility for the region; and WHEREAS, the Puente Hills Landfill was mandated to reduce the quantities of waste accepted and to close by 2013, resulting in the need for additional waste processing facilities and transfer stations to be developed in the region in order to meet the solid waste management needs of the region and protect the public health and safety; and WHEREAS, to assist in meeting the City’s obligations under the Act and to serve the needs of other jurisdictions in the region, a solid waste materials recovery facility/transfer station as defined by the Act is a valuable and desirable land use provided it includes state-of-the-art systems as may be required to protect the public from environmental impacts such as traffic congestion, noise odor and dust; and WHEREAS, the City’s 2001 General Plan Land Use Element designated the portion of the Atlantic/Spring neighborhood area generally bounded by Olive and California Avenues and 27th and 29th Streets as 4.2, General Industrial and recommended the establishment of a General Industrial Specific Plan for the area to address development constraints including active and abandoned oil wells, oilfield pipelines and facilities, soil contamination, steep slopes, lack of public infrastructure and small parcels with fragmented ownership patterns; and WHEREAS, the land use designation as defined in 4.2 General Plan Land Use Element anticipates heavy industrial uses subject to conditional use permit approval for such uses as, but not limited to, large recycling centers, provided that it can be demonstrated that they can operate sagely and compatibly with surrounding uses and that these can mitigate environmental impacts; and WHEREAS, pursuant to Signal Hill Municipal Code Section 20.39.090, entitled “Land Use,” Municipal Code Chapter 20.56, entitled “Recycling Facilities,” and Municipal Code Chapter 20.64, entitled “Uses Subject to Conditional Use Permit,” the subject application to construct and operate a recycling and solid waste transfer station was properly a matter for Planning Commission review and recommendation to the City Council for approval; and WHEREAS, on December 16, 2008, at a duly noticed public hearing, the Planning Commission reviewed and recommended that the City Council adopt the Environmental Impact Report for the EDCO Recycling and Transfer Facility (State Clearinghouse No. 2008081009) relative to the facility application and which analyzed the potential impacts associated with the construction and operation of a recycling and solid waste transfer facility in satisfaction of requirements of the California Environmental Quality Act, Zoning Ordinance Amendment 09-01and 09-02 and CUP 09-01; and WHEREAS, on February 17, 2009, at a duly noticed public hearing, the City Council adopted Environmental Impact Report SCCH #2008081009, approved Zoning Ordinance Amendment 09-01, rezoning the site to Area 3 of the SP-19, General Industrial Specific Plan, Zoning Ordinance Amendment 09-02, adopting land use and development standards for Area 3, Conditional Use Permit 09-01, regulating operations at the EDCO facility, a Development Agreement between the City and EDCO; and WHEREAS, in April 2012, the EDCO Recycling and Solid Waste Transfer Facility (Facility) was subsequently constructed and successfully began operations; and WHEREAS, due to COVID and the Governors declared State of Emergency, the Facility was allowed to operate at the increased capacity of 2,500 tons per day (tpd) from November 5, 2020, for 27 months, after which the COVID related State of Emergency ended. From February 6, 2024, to May 6, 2024, and again on May 6, 2024, through September 8, 2024, due to heavy storm events the Governor declared a second State of Emergency. The storms caused debris and materials to be heavier due to moisture. Pursuant to Section 17210.3 and subsequently 17210.2(d) of the California Code of Regulations (CCR) Title 14, the Local Enforcement Agency (LEA) of the California Department of Resources Recycling and Recovery (Cal Recycle), issued an emergency waiver(s) of the terms and conditions of the EDCO Transport Services Solid Waste Facility Permit #19-AA-1112, which once again allowed the Facility to operate at an increased capacity of up to 2,500 tpd with no observable or reported detrimental impacts; and WHEREAS, in November of 2023, given the amount of material generated within the region, as well as seasonal surges in the amount of waste generated and the pending closure (January 2024) of the Long Beach Southeast Resource and Recovery Facility (SERRF), the applicant submitted a request to modify condition number three of the CUP 09-01 conditions of approval to allow the Facility to permanently expand its permitted tonnage limit capacity of 1,500 tpd to 2,500 tpd. The Facility is designed to transfer more than 6,000 tpd and the tipping floor can handle more than 3,000 tpd. No additional modifications to the CUP are being requested, and no additional construction of modifications to the Facility are proposed or needed to accommodate the increased capacity; however, the Facility must submit an application to the LEA requesting the capacity increase and the submittal must include an approved CUPP with allowance of increased capacity and the associated environmental determination in compliance with CEQA; and WHEREAS, on May 21, 2024, a duly noticed public hearing was held before the Planning Commission and all interested parties were given an opportunity to be heard regarding the Conditional Use Permit Amendment and an Addendum to EIR SCH #2008081009, and the Planning Commission unanimously recommended City Council approval; and WHEREAS, on May 31, 2024, notice of a City Council public hearing regarding an amendment to Conditional Use Permit Amendment 09-01 and an Addendum to EIR SCH #2008081009, was mailed to all property owners within a 300-foot radius from the subject property, was published in The Signal Tribune newspaper in accordance with Govt. Code§65091(a)(4), and was posted in accordance with SHMC Sections 1.08.010; and WHEREAS, on June 11, 2024, a public hearing was held before the City Council and all interested parties were given an opportunity to be heard regarding the Conditional Use Permit Amendment, a Development Agreement, a Facilities Operations Agreement, and an Addendum to EIR SCH #2008081009.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Signal Hill, California, does hereby find as follows:
Section 1. An Addendum to EIR SCH #2008081009 for the proposed project has been prepared in compliance with the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. The proposed Project consists of the continuation of a recycling and solid waste transfer station facility use in an existing building and does not involve expansion of the existing building or require offsite utility improvements. In addition, the Project is a request to increase the volume capacity of daily waste processing and transfer from 1,500 tons per day (tpd) to 2,500 tpd. The addendum evaluates the proposed amendment to conditions one, two, and three of CUP 09-01, which would increase the maximum daily volume of material, and also evaluates the Development Agreement and Facilities Operations Agreement. The analysis in the addendum demonstrates, pursuant to Section 15162 of the CEQA guidelines, that the CUP amendment and associated Agreements would not result in any new significant impacts, nor would it substantially increase the severity of previously anticipated significant impacts described in the certified EIR. In addition, the project would not require any new mitigation measures beyond those already adopted in the certified EIR. As a result, none of the conditions described in Section 15162 of the CEQA guidelines triggering the preparation of a subsequent or supplemental EIR have occurred and an addendum to the certified EIR is appropriate.
Section 2. The proposed project, subject to the attached conditions, is in conformance with the zoning ordinance, other ordinances, and regulations of the City, and the following General Plan Goals and Policies:
LAND USE ELEMENT GOAL 1 – Manage growth to achieve a well-balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space, and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City revenues.
Land Use Policy 1.5 – The distribution and intensity of land uses shall be consistent with the land use map and descriptions for each of the land use categories in Section VI of the Land Use Element.
Finding regarding Policy 1.5 – The requested amendment to Conditional Use Permit 09-01 to amend conditions one, two and three allows increased waste processing and hauling capacity thereby increasing the intensity of the operations at the Facility. The Transfer Processing Report (TPR) submitted annually and approved by the LEA confirms the Facility is designed with a greater than 6,000 tpd capacity and the environmental analysis concludes that there are no added significant impacts to this increase. The use is consistent with the City land use map which is designated as Area 3 of the General Industrial Specific Plan (SP-19).
Land Use Policy 1.7 – Broaden the City's tax base by attracting commercial and industrial development to the City which will provide economic and employment benefits to the community while ensuring compatibility with other general plan goals and policies.
Finding regarding Policy 1.7 – The increased operational capacity of a recycling and solid waste transfer facility will provide increased economic and employment benefits to the City of Signal Hill as established in the Development Agreement and Facilities Operations Agreement and will provide a locally needed waste facility with needed increased capacity due to the January 2024 close of the Long Beach SERRF and the extension of the State of Emergency declarations by the Governor allowing increased operational capacity.
Section 3. The EDCO facility is located on a developed industrial property that is adequate in size and shape to continue to accommodate the increased operations subject to all amended and existing conditions of approval and no modifications to the existing facility are requested or necessary.
Section 4. The streets surrounding the site for the proposed use and related to the Streets and Highways Element of the General Plan are adequate in width and pavement type to carry the quantity and type of traffic generated.
Section 5. The proposed use, with the application of the amended conditions and additional existing conditions of approval, will have no adverse effect on abutting property or the permitted use thereof. The conditions of approval comprehensively address issues related to operations, parking, noise, odor, maintenance, and business operations. The subject site and operations are reviewed annually as part of the Citywide CUP Annual Review.
Section 6. The conditions attached hereto are deemed necessary to protect the public health, safety, and general welfare of the community.
Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall in the City of Signal Hill, located at 2175 Cherry Avenue, Signal Hill, CA 90755. The City Clerk is the custodian of the record of proceedings.
Section 8. Execution of Resolution. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
Section 9. Addendum to EIR SCH #2008081009. An Addendum for the proposed project has been prepared in compliance with the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. Once approved, the City Council will direct staff to prepare, execute and file with the County Clerk a Notice of Determination within five (5) working days of the project approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Signal Hill, California, does hereby approve the amendment to Conditional Use Permit 09-01, subject to the Conditions of Approval attached hereto (Exhibit A).
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Signal Hill, California, on this 11th day of June 2024.
LORI Y. WOODS
MAYOR
ATTEST:
DARITZA GONZALEZ
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
I, DARITZA GONZALEZ, City Clerk of the City of Signal Hill, California, do hereby certify that Resolution No. XXXX-06-XXXX was adopted by the City Council of the City of Signal Hill, California, at a regular meeting held on the 11th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DARITZA GONZALEZ
CITY CLERK
CONDITIONAL USE PERMIT 09-01
Proposed Conditions of Approval
Project A REQUEST TO AMEND CONDITIONS NUMBER ONE, TWO, AND THREE OF CONDITIONAL USE PERMIT 09-01 TO ALLOW AN INCREASE TO THE VOLUME OF WASTE PROCESSING AND TRANSFER FOR THE EDCO RECYCLING AND SOLID WASTE TRANSFER FACILITY LOCATED AT 2755 CALIFORNIA AVENUE IN THE GENERAL INDUSTRIAL SPECIFIC PLAN (SP-19) ZONING DISTRICT Location: 2755 CALIFORNIA AVENUE
Property Owner: EDCO TRANSFER SERVICES LLC
Agent/Applicant: STEVE SOUTH, CEO
The property owner/applicant shall indemnify, protect, defend, and hold the City of Signal Hill (City), and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that property owner/operator shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. This provision to indemnify shall survive the expiration, termination, suspension or revocation of this permit.
Approval of the amendment to Conditional Use Permit (CUP) 09-01 is subject to Planning Commission review and recommendation to City Council for final determination and approval. Approval of the amendment to CUP 09-01 and all conditions of approval included in Exhibit A of Resolution No. 877-05-21 shall supersede and replace previous conditions of approval included in the previous approval on February 17, 2009.
BUSINESS OPERATIONAL CONDITIONS
The maximum allowable capacity of the facility shall be 1,500 2,500 tons of combined recyclables and solid waste per day.
The recycling and solid waste transfer uses may operate 7 days a week, 24 hours a day, however, self-haul shall be limited to between the hours of 5 a.m. and 10 p.m. The Director of Community Development may approve exceptions to the hours of operation limitations for specific nighttime self-haul operations.
All refuse must be removed from the facility within 48 hours of delivery.
To the extent possible, all facility operations shall be conducted within the building.
The building shall be fully enclosed and include powered roll-up doors that can be closed to control dust and odor.
No outdoor storage of any material including green waste shall be permitted.
Consistent with California Integrated Waste Management Board guidelines, the applicant shall develop and maintain a Transfer Processing Report (TPR), Odor Control Plan, Emergency Response Preparedness Plan and Vector Control Plan. The TPR shall include operating procedures for odor reduction, formulated and tested for effectiveness by first-hand experience at the applicant’s existing facilities and to be in place from and followed from the first day of operation.
The applicant shall construct and operate the MRF/TS in compliance with all requirements, recommendations, and best management practices ("BMPs") for minimization and mitigation of air quality and odor impacts as detailed in Section 3.5 of the EIR, including but not limited to, compliance with all California Air Resources Board ("GARB") and SCAQMD standards, rules, and regulations as described in that Section; implementation of the construction BMPs listed in Table 3.5-6 of the EIR including but not limited to pre-watering of soil prior to soil disturbances, use of dust suppressants to stabilize stockpiles, pre-watering of material prior to truck loading, and limitation of truck speeds and roadway cleaning, as described therein; implementation of the odor mitigation BMPs listed in Section 3.5.3.2 of the EIR, including but not limited to preparation of an Odor Management Plan for MRF/TSs, limitation of building openings to between 2 and 5 percent of the building walls, installation of a building misting system and fan system to control odors, and all of the other BMPs described therein.
The exhaust ventilation system for controlling dust and odor within the solid waste transfer station and material recovery areas shall be varied consistent with the level of dust and odor generated from the material volumes. The system shall meet all applicable standards of the South Coast Air Quality Management District and include filters to retain dust and avoid generating visible dust plumes.
The applicant shall construct and maintain a misting system that shall include water and/or odor neutralizers and shall be kept on during operational hours, except for routine maintenance.
The applicant shall be responsible to maintain the implement vector control measures to ensure that insects, rodents, or other animals of public health significance are effectively minimized.
The applicant shall maintain the perimeter block wall and chain link fence with green vinyl slats as well as all landscaping and irrigation systems installed on private property as well as that within the public right-of-way along Patterson and East 28th Streets in a first-class condition and shall record a Landscape Maintenance Agreement against the property in a form subject to approval of the City Attorney.
All Internal traffic circulation and ingress and egress from the MRFi/S shall comply with the Site Circulation Plan in Figure 3.3-3 of the EIR. Trucks en route to and departing from the MRF/TS shall follow the Off-Site Circulation routes shown in Figures 3.3-4 and 3.3-5 of the EIR. Employee shifts shall be scheduled so that employees do not arrive or depart during peak traffic hours, as detailed in Table 3.3- 4 of the EIR.
Applicant-owned vehicles shall not park overnight on City streets or on private properties in the City without prior City zoning review and approval and compliance with all requirements for trucking storage yards.
Applicant shall implement daily litter pick-up on site, along adjacent properties, adjacent streets and along the designated transportation corridors, from any litter resulting from operation (including customers delivering waste to the Site) will be removed. Applicant's obligation to clean up debris in public rights-of-way and/or transportation corridors shall apply regardless of whether such debris was inadvertently spilled or intentionally dumped. The transportation corridors {with those designated for litter control) are as follows:
Willow Street - City limit to City limit
Spring Street - City limit to City limit (Litter Control Cherry to Atlantic) Cherry Avenue - City limit to City limit
California Avenue - Willow Street to Spring Street (Litter Control) Orange Avenue - Spring Street to 32nd Street (Litter Control) Pacific Coast Highway - City limit to City limit.
A street sweeper shall be used to assist in compliance with this condition. Records of cleaning schedules, including dates and times, shall be maintained at the facility.
Applicant shall provide a level of services at the Facility such that City streets surrounding the Site shall be free of any queuing of vehicles entering or leaving the Facility other than occasional queuing and intermittent stoppages on East 28th Street west of California Street which do not interfere with through traffic. Applicant shall manage vehicular queuing on East 28th Street such that queue spillback shall not reach California Avenue. Applicant shall staff the Facility as needed to meet this performance standard and prevent interference with traffic circulation on all streets other than that portion of East 28th Street immediately adjacent to the Site.
All commercial vehicles delivering to the facility shall be adequately covered or enclosed to eliminate spillage on adjacent properties or public streets in transit.
The applicant shall be responsible for keeping the areas outside of the buildings free of litter, dust and debris. The exterior areas shall be cleaned daily. An automated sweeper equipped with water and odor neutralizers shall be used on paved surfaces at the site. Records of cleaning schedules, including dates and times, shall be maintained at the facility.
The loading dock area shall be kept in a clean and sanitary state, free from trash and debris.
The tipping floors shall be cleaned on a regular basis to remove build-up of waste residue. Records of cleaning schedules, including dates and times, shall be maintained at the facility.
The applicant shall comply with City noise standards during construction and operation of the MRF/TS. Pursuant to Chapter 9.16 of the City Municipal Code, noise levels generated at the Facility shall not exceed seventy-five (75) dB as measured at adjacent property lines. If the City receives a noise complaint, the City may hire a certified acoustical engineer to measure Facility related noise levels. EDCO shall be responsible to suspend or mitigate noncompliant noise if a violation is documented and reimburse the City for acoustical engineering costs. The City's Planning Director can implement further noise mitigation measures in the event of complaints.
No advertising material or signs shall be painted, installed, erected or displayed on the building exterior without first obtaining City approval.
No signs are permitted on the roof of the building. This includes temporary banner signs mounted on temporary or permanent supports, aerial signs, animated signs, and rotating signs.
The applicant shall maintain an on-site directional/informational sign program for the facility to ensure safe circulation and enforcement of rules and regulations. The sign program shall be reviewed and approved by the Director of Community Development prior to installation.
The applicant shall provide sufficient staff to maintain the property and surrounding streets in first-class condition free of accumulations of trash and debris. An attendant shall be stationed at or near the scale house during operational hours to greet in-coming vehicles and direct them to the appropriate location to off-load.
The facility operation shall meet all municipal code requirements of the City of Signal Hill and any applicable requirements of the State Department of Conservation, Division of Oil, Gas and Geothermal Resources, California Integrated Waste Management Board, Los Angeles County Department of Public Health, Los Angeles County Fire Department and South Coast Air Quality Management District.
The premises shall be subject to inspection by city personnel pursuant to the provisions regarding “reports and monitoring” and also provisions concerning complaints or nuisance conditions on the site and enforcement rights.
In addition to the above-listed conditions, the applicant acknowledges that additional conditions and obligations will be imposed upon it through a Development Agreement and Covenants, Conditions and Restrictions applicable to the project.
End of Conditions.
Resolution No. XXXX-06-XXXX
June 11, 2024
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Exhibit A