AGENDA ITEM
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: CARLO TOMAINO
CITY MANAGER
BY: COLLEEN T. DOAN
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
title
PUBLIC HEARING TO CONSIDER A REQUEST TO AMEND CONDITIONS OF APPROVAL ONE, TWO, AND THREE OF CONDITIONAL USE PERMIT 09-01, TO AMEND THE DEVELOPMENT AGREEMENT AND FACILITY OPERATIONS AGREEMENT BETWEEN THE CITY AND EDCO, AND TO ADOPT AN ADDENDUM TO THE EDCO SIGNAL HILL RECYCLING AND TRANSFER FACILITY EIR SCH # 2008081009
summary
Summary:
In 2019, EDCO Transport Services, a Limited Liability Corporation (EDCO) developed a Materials Recovery Facility and Transfer Station (MRF/TS) within city limits. EDCO and its related companies have provided waste and recycling service in the State of California since 1967. EDCO currently operates thirteen (13) materials recovery and/or transfer stations ranging in capacities from 174 tons per day to 5,000 tons per day. The current City agreement enables EDCO to process up to 1,500 tons per day, or 547,500 tons per year. EDCO pays a host fee to the City based on the percentage of tonnage collected.
EDCO is requesting to amend the Development Agreement and Facility Operations Agreements, to modify Condition of Approval (COA) Number Three of CUP 09-01 for the MRF/TS. The proposed amendment would allow an increase to the maximum permitted volume of waste that may be processed by 1,000 tons per day (tpd). If approved, the proposed change would increase the maximum allowed capacity from 1,500 tpd to 2,500 tpd. Staff negotiated an updated Development Agreement wherein EDCO pays additional host fees commensurate with the increased tonnage.
EDCO initially built the Transfer Station to accommodate an increase in tonnage processing capacity. 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 conducted for this requested increase in capacity concludes that there are no added significant impacts. Therefore, all processing would continue to occur within the existing footprint of the building. Additionally, staff proposes amending COAs one and two to update the legal language and replace an obsolete construction related condition.
Form of Notice: The City published the required Notice in the Signal Tribune newspaper per Government Code §65091(a)(4) on May 31, 2024; mailed to property owners within a 300’ radius of the subject site on May 31, 2024; and posted in accordance with Signal Hill Municipal Code Section 1.08.010 on or before May 31, 2024.
Strategic Plan Goal(s):
Goal No. 1 Financial Stability: Ensure the city’s long-term financial stability and resilience.
Goal No. 3 Economic & Downtown Development: Improve the local economy, support local businesses, and create a vibrant downtown core.
recommendation
Recommendations:
1. Adopt a resolution approving the amendment to the Conditional Use Permit 09-01 for the existing recycling and solid waste transfer facility, entitled:
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
2. Approve the amended Facility Operations Agreement.
3. Introduce Ordinance No. 2024-10-XXXX to approve the amended Development Agreement between the City of Signal Hill and EDCO entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SIGNAL HILL AND EDCO, FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SIGNAL HILL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ
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Fiscal Impact:
The Development Agreement provides for a Host Fee to be paid to the City. The Host Fee is calculated using a percentage factor multiplied by the aggregate monthly collection of solid waste tonnage collected annually. The Host Fee tiered percentages/ton thresholds are as follows: Minimum 2% Host Fee up to 150,000 tons, 3% Host Fee for 150,001 to 300,000 tons and 5% Host Fee for 300,001 tons to 912,500 tons. The tonnage count resets to zero tons on April 27th annually. At the reset point, the Host Fee earnings start back at 2% of revenues collected. Fiscal Year 2022 2023 Host Fee Revenue totaled $715,882, with an average revenue per ton of $1.78 with a maximum allowable tonnage of 1,500 tons per day. The proposed Development Agreement would allow up to 2,500 tons per day and increase the City’s revenues over time commensurate with the terms of the agreement; therefore, the recommended actions have a positive impact to the City’s General Fund.
Background:
On July 8, 2008, the City Council and Redevelopment Agency approved a Memorandum of Understanding with EDCO regarding development of a recycling and solid waste transfer station at 2755 California Avenue. At that time, the City Council noted that the project would benefit the community by:
• Generating host fees paid to the City (estimated to start at $200,000 per year and potentially increase to more than $1 million);
• Freezing collection fees for single and multi-family accounts for three years; and
• Offering free e-waste disposal for City residents.
On February 10, 2009, the Planning Commission conducted a public hearing on the project's entitlements. A representative of the County's Solid Waste Management Program was also in attendance and took comments regarding the agency's permit process. There was no testimony in opposition to the project. By unanimous vote, the Planning Commission approved the project's Site Plan and Design Review and recommended City Council approval of the Environmental Impact Report (EIR), two Zoning Ordinance Amendments, Conditional Use Permit (CUP) 09-01 and a Development Agreement.
On February 17, 2009, the City Council conducted a public hearing on the project's entitlements and by unanimous vote, the City Council approved the project's EIR, two Zoning Ordinance Amendments, CUP 09-01, a Development Agreement, a Facility Operations Agreement and a Franchise Agreement among others (Attachment A). COA Number Three of the CUP conditions of approval (COA Number Three) limits the maximum capacity of waste per day for processing and transfer to 1,500 tpd. Subsequently, the EDCO constructed the facility and began operations in April of 2012.
Due to the Governors declared State of Emergency during the pandemic, the Facility was allowed to operate at 2,500 tpd beginning November 5, 2020, and for a total of 27 months, after which the COVID related State of Emergency ended. From February 6, 2024, to May 6, 2024, and again on May 6th 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.
In November of 2023, given the amount of material generated within the region, as well as seasonal surges in the amount of waste generated as well as the pending closure of the Long Beach Southeast Resource and Recovery Facility (SERRF) in January 2024 (Attachment B), the applicant submitted a request to modify COA Number Three to allow the Facility to expand its permitted tonnage limit capacity from 1,500 tpd to 2,500 tpd (Attachment C). Closure of the SERRF, along with additional demand, creates the need for EDCO to process at a higher tonnage capacity. As noted above, EDCO has been operating the MRF/TS at a capacity of 2,500 tpd with no observable or reported detrimental impacts. The applicant is not requesting additional modifications to the CUP. Additionally, there are no additional modifications necessary at the facility because it was designed to handle much higher tonnage thresholds than the requested increase.
On May 21, 2024, the Planning Commission held a duly noticed public hearing and unanimously recommended City Council approval of the CUP amendment. The Commission does not review the Development Agreement of the Facility Operations Agreement, which were prepared by the City Attorney’s office.
Analysis:
The activities of the MRF/TS include the manual sorting and transfer of residential, commercial, and industrial refuse, transfer of self-haul public refuse, processing of materials collected by curbside recycling programs, a public drop-off area for recyclable materials, and a Permanent Household Hazardous Waste Collection Facility (PHHWCF). Once offloaded inside the facility, waste is loaded into transfer trucks and then transported to a permitted landfill. The Transfer Processing Report (TPR) submitted annually and approved by the LEA confirms the MRF/TS is designed with a greater than 6,000 tpd capacity and the environmental analysis prepared for the requested increase concludes that there would be no added significant impacts based on the requested increase in tonnage.
Site Description
The Facility is owned and operated by EDCO Transport Services, a Limited Liability Corporation, and is located on privately owned land at 2755 California Avenue, the southwest corner of California Avenue and East 28th Street. The total square footage of the overall building footprint is approximately 68,838 square feet, with the Material Recovery Facility (MRF) MRF/Transfer Station (TS) comprised of approximately 56,149 square feet. The two-story office area is 6,569 square feet, the Buy-Back Center is approximately 1,801 square feet, and the Permanent Household Hazardous Waste Collection Facility (PHHWCF) area is approximately 1,173 square feet, illustrated by the Vicinity Map below:
The existing zoning designations and land uses for the project site and adjacent properties are as follows:
CalRecycle Permit
The operation of this Facility requires a Solid Waste Facility Permit (SWFP) issued from the Local Enforcement Agency (LEA) and concurred with by CalRecycle. This current and valid operating permit, 19-AA-1112, is regulated by LEA and serves as the regional regulatory arm of CalRecycle. The City designated the County of Los Angeles, Department of Public Health as its LEA. The LEA is responsible for the review, issuance of permits, and the monthly inspection of solid waste facilities under the SWFP process. In addition to the monthly inspections, once the SWFP is issued, the Facility is also subject to a permit review every five (5) years. Any violations of the SWFP, or any of the permit conditions would be noted and citations issued. The LEA has the right to require modifications to the Facility operation to remedy any identified problems and may revoke the SWFP if just cause is found. The LEA inspects for such conditions as noise, odor, dust, traffic, vectors, and hazardous materials. The LEA reports no violations or concerns are documented during the time of increased operational capacity from 2020 to present.
Local Enforcement Agency, LEA, Review of Capacity Increases
Given the Governors’ recent extension of the State of Emergency declaration, EDCO has submitted its most recent request to the LEA for the continued capacity increase which has been approved by LEA until September 2024 (Attachments D and E). In addition, EDCO filed for a new Waste Facility Permit for a permanent capacity increase; however, the request submittal package is incomplete until an approved CUP amendment and associated environmental determination are provided.
Among other items and consistent with Article 3.1, Section 18201 of the California Code of Regulations (CCRs), in order to review a modification to an existing SWFP, at a minimum the following must be completed and submitted to the LEA:
• Transfer and Processing Report (TPR)
• Conformance with Land Use and/or CUP
The applicant submitted its TPR and a request form to the LEA. The City’s CEQA consultant provided the 2009 EIR and the Draft Addendum to the LEA for comment in March 2024. Minor comments and clarifications were received and have been incorporated into the Final Draft Addendum.
Facility Operations and Capacity
As noted in the TPR, submitted annually to the LEA, and approved by the LEA, the Facility is designed with a greater than 6,000 tpd capacity. For more than two years during times of increased capacity there have been no observable or reported detrimental impacts and the environmental analysis prepared for the requested increase concludes there are no added significant impacts.
The Facility was initially designed to allow up to 6,336 tpd of transfer, or “load out” capacity and the “tipping floor” can receive and process up to 3,644 tons of material (Attachment F). The following Sections of the Transfer and Processing Report state the Facility’s overall capacity:
Section 1.4.2.1 Design Capacity - The Facility is permitted to accept up to 1,500 tpd of municipal solid waste and organics per day and designed to process 6,336 tpd per 24-hour shift. Supporting calculations are located in Section 3.1.2.2. This design capacity enables all residual waste to be removed from the site and disposed of within 48 hours.
Section 1.4.2.3 Unusual Peak Loadings - Peak tipping for collection trucks is expected to be 43 in one hour (301 tons based on average 7-ton loads). The Facility is designed to accommodate up to 49 collection trucks (343 tons) in one hour. Therefore, peak tipping is substantially less than design capacity. However, in the event of unusually high daily tonnages entering the site, the following contingency actions are implemented, as needed:
• The tipping floor can be utilized to store up to 3,664 tons of municipal solid waste and recyclables based on 15’ maximum pile storage height (supporting calculations are located in Section 3.1.2.1 Station Capacity).
• Collection vehicles could be diverted to another permitted transfer station or permitted landfill.
The applicant is requesting to increase its capacity to 2,500 tpd for all activities. No physical changes to the Facility are necessary to accommodate the requested increase.
Conditions of Approval
The initial CUP 09-01 included 30 COAs, one of which limited the maximum allowable daily capacity of waste processing and transport to 1,500 tpd (COA Number Three) (Attachment A). The applicant’s request to increase the daily maximum tonnage requires COA Number Three to be revised as follows:
• The maximum allowable capacity of the Facility shall be 1,500 2,500 tons of combined recyclables and solid waste per day.
This is the only COA that requires amending in response to the applicant’s request to increase Facility capacity; however, the wording of COA Number One has been updated from the 2009 wording, to reflect the most current standard wording from the City Attorney’s office regarding indemnification. The intent of this COA has not changed.
The 2009 COA Number One read as follows:
1. The applicant shall agree to defend, indemnify and hold harmless, the City of Signal Hill, its agents, officers and employees from any claim, action or proceeding against the City of Signal Hill or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Signal Hill, its legislative body, advisory agencies, or administrative officers concerning subject approval. The City of Signal Hill will promptly notify the applicant of any such claim, action or proceeding against the City of Signal Hill and the applicant, or owner, will either undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the Cit Attorney. If the City of Signal Hill fails to promptly notify the applicant of any such claim, action or proceeding, or fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City of Signal Hill. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
The 2024 COA Number One reads as follows:
1. The 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.
In addition, COA Number Two regarding the time clock for construction of the Facility is obsolete given that EDCO completed construction of the Facility in 2012. The updated language clarifies that the amended COAs supersede to initial COAs.
The 2009 COA Number Two read as follows:
1. Approval shall be null and void if a certificate of occupancy is not granted and operations commenced within 24 months of the City Council approval of this Conditional Use Permit. Prior to the expiration date, the applicant may request a 12-month extension from the Director of Community Development. Any additional extensions shall be granted by the City Council.
The 2024 COA Number Two reads as follows:
2. 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. 2024-06-XXXX shall supersede and replace previous conditions of approval included in the previous approval on February 17, 2009.
CUP Amendment Support Letters
Staff received two letters of support for the requested CUP Amendment from neighboring businesses. Bear Welding, operating directly adjacent to the Facility across East 28th Street and the operator of Farm Lot 59 on the east side of California Avenue in Long Beach (Attachments G and H).
Development Agreement, Operations Agreement, and Franchise Agreement
The City’s approval in 2009 of the EDCO facility, included a number of interrelated documents, including the following:
• Development Agreement, which defined EDCO’s obligations, including ongoing payment of the host fee to the City based on a percentage of tonnage collected.
• Facility Operations Agreement, which defined and regulated EDCO’s maintenance and operational obligations and performance standards for the facility.
• Franchise Agreement, which granted EDCO an exclusive franchise to operate the facility within the City for a period of 15 years.
• Conditional Use Permit, which permitted the facility and imposed conditions on the use of the site and facility.
• Disposition and Development Agreement between the Redevelopment Agency and EDCO for conveyance by lease of an Agency parcel to EDCO for the development of the facility with an option to buy the parcel.
• Covenants, conditions and restrictions (“CC&Rs”) devoting the facility to the uses specified in the Redevelopment Plan and in the DDA.
Because there is only one operational change to the Facility being proposed (the increase in daily tonnage from 1,500 to 2,500 tpd), only minor changes were needed to the documents listed above. Specifically, the Development Agreement and Facility Operations Agreement have been updated to reflect the increase in allowable tpd, and to include the new formula for calculating host fees, in addition to other minor changes to these agreements. The Development Agreement provides the City with a number of public benefits and protections in exchange for providing EDCO with vested rights to operate at a higher tonnage capacity. One of these public benefits is a host fee that will substantially increase revenue to the City over time; the proposed term of the Development Agreement is through 2069 (Attachments I and J).
All other documents remain unchanged, including the Franchise Agreement, which has expired and will not be renewed. The Franchise Agreement provided EDCO with an exclusive franchise to operate a materials recovery facility/transfer station within the City for a period of 15 years. EDCO has opted against requesting a new franchise, and instead is moving forward with the agreements as noted.
Environmental Analysis
In 2009 an EIR was prepared for the development of the Facility which was Certified by the City on February 17, 2009 (State Clearinghouse No. 2008081009) (Exhibit A of the CUP/CEQA Resolution). Amendments to the Development Agreement and Facility Operations Agreement and modification of COA Numbers One, Two, and Three of the CUP are a discretionary decision that triggers compliance with the California Environmental Quality Act (CEQA). Consistent with Section 15164(a) of the State CEQA Guidelines, an Addendum to the 2009 EIR has been prepared to analyze the potential environmental impacts of the amended Project, in comparison to the impact analysis in the EIR (Exhibit B of the CUP/CEQA Resolution. The analysis in the Addendum demonstrates, pursuant to Section 15162 of the State CEQA Guidelines, that the foregoing amendments would not result in any new significant impacts, nor would they 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 in addition to 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.
The CEQA Addendum considers each of the environmental resource categories. The resource categories potentially affected by the increase in tonnage include transportation, air quality, greenhouse gas emissions, energy use, and noise. Detailed technical reports were prepared for these resources and are provided in the CEQA Addendum. In addition, impacts to aesthetic resources, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, tribal cultural resources, and wildfire were analyzed in the Addendum. The results of the resource specific analyses are summarized as follows:
Transportation
The Facility is currently permitted for a maximum daily capacity of 1,500 tpd. The estimated number of trips required for a permitted capacity of 2,500 tpd is assumed to increase linearly in relation to the baseline number of vehicles accessing the site as summarized in Table 1. The calculations assume that solid waste collection trucks have an average capacity of 7 tons, residual waste transfer trucks (including recyclable materials) have an average capacity of 22 tons, and self-haul vehicles have an average capacity of 1 ton.
Using the anticipated trip distribution rates identified in the 2009 EIR, the maximum number of passenger car equivalent (PCE) vehicles at an intersection traveling in any given direction is estimated at 19 PCE vehicles during the AM peak hour (i.e., leaving the site heading north on California Avenue). From the intersection at California Avenue and Spring Street, project-related PCE vehicle trips are dispersed among the proximate intersections. The most impacted intersection (i.e., most severe congestion with Level of Service (LOS) E or F) is identified at Orange Avenue and East Spring Street. At this intersection, the maximum number of PCE vehicles traveling in any given direction is estimated at 5 PCE vehicles during AM or PM peak hours. Given that the City of Signal Hill does not have city specific guidelines with respect to automobile delay and because the analysis identifies transportation routes within the City of Long Beach, comparisons were made to thresholds identified in the City of Long Beach guidelines. Pursuant to these guidelines, if an intersection operates at LOS E or F without the project, and the project increases average control delay at the intersection by 2.5 seconds or more, the addition of project traffic would be responsible for LOS deficiencies.
Given existing traffic volumes, the limited number of PCE vehicles during peak hour travel times would not be expected to increase the average control delay at any intersection by 2.5 seconds or more or reduce the LOS at key intersections. Currently, as allowed by Condition number 18 of the Facility’s current CUP, occasional queuing of transfer and collection trucks takes place on East 28th Street. Transfer trucks currently arrive between the hours of 3:00 AM and 4:00 PM. To reduce the potential of additional queuing as a result of the proposed Project, EDCO would distribute transfer truck arrivals over a full 24-hour day so that no more than 3 additional transfer trucks are expected at any given hour. In addition, consistent with existing operations, EDCO would continue to employ spotters to manage truck traffic and further reduce the potential for excessive queuing on East 28th Street.
With respect to VMT analysis as required by SB 743 (which was not a requirement at the time of the writing of the 2009 EIR), total passenger vehicle VMT associated with the Project would be 6,000 miles/day. Accordingly, the Project-related VMT per employee would be 17.1 miles/day/employee, which is less than the regional average VMT per employee of 18.5 miles/day/employee. The City does not have specific VMT threshold criteria for VMT and as such the analysis used criteria consistent with the California Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in California Environmental Quality Act (2018), and the criteria which has been adopted by the neighboring jurisdiction of the City of Long Beach. OPR does not recommend a VMT specific threshold of significance for institutional projects, but the City of Long Beach has developed Traffic Impact Analysis Guidelines (2020) and CEQA Transportation Thresholds of Significance (2020) consistent with the OPR Technical Advisory. The Project would be consistent with the use of the City of Long Beach Guide for development of institutional projects that their VMT is accounted for in the existing regional average and presumed to have a less than significant regional transportation impact and would not have a significant impact relative to VMT.
Future Street Improvements
The City Plan Lines Map establishes the ultimate future right-of-way for streets citywide. California Avenue is assigned as a Collector Street which has a 70’ right-of way; however, California Avenue from East 28th Street north to East Spring Street is only 60’ wide in unimproved areas. In addition, the Project Area from East 27th Street between California Avenue and Atlantic Avenue north to East Spring Street is identified as a Traffic Study Area which means the exact orientation and width of streets in the area, including East 28th Street have not yet been determined. Future development of property along East 28th Street would require a future developer to prepare a traffic study to determine the street design. In addition, the City anticipates considering these and other transportation flow actions as part of the General Plan Circulation Element update, which is anticipated for 2026. If these local roadways are modified in the future, as a result of the Circulation Element update, the effects in the vicinity of the Facility would be modeled and evaluated at that time. The capacity expansion for the Facility does not require changes to the street pattern or circulation flow at this time.
Plan Lines Map
Plan Lines Map Section
Air Quality
The South Coast Air Quality Management District’s (SCAQMD) application of thresholds of significance for criteria air pollutants is relevant to the determination of whether a project’s individual emissions would have a cumulatively significant impact on air quality. Expanded operations at the Facility would result in a long-term increase in criteria pollutant emissions from engine exhaust during on-road vehicle and truck trips and off-road equipment operations. With the exception of the additional off-road equipment use, handling and processing of the additional 1,000 tpd would not substantially increase energy or water consumption at the Facility, nor would other area source emissions (e.g., consumer product use and architectural coating application) change from existing conditions. Table 2 summarizes the estimated unmitigated maximum daily emissions during operations. For the purpose of comparing Project-related emissions to the SCAQMD Localized Significance Thresholds (LST), mobile-source emissions were excluded (i.e., only emissions generated at the Facility are compared to the LST as mobile-source emissions associated with vehicle travel to/from the Facility would be more broadly dispersed throughout the region and would not represent a localized risk to sensitive receptors near the Facility).
The primary Toxic Air Contaminant (TAC) that would be generated by on-road and off-road activities is diesel particulate matter (DPM) which would be released from the exhaust stacks of off-road equipment and diesel transfer trucks. A Health Risk Assessment (HRA) was conducted for the Facility as part of the 2009 FEIR which considered mobile and idling emissions associated with 340 collection trucks, 600 self-haul vehicles, 136 transfer trucks, 50 employee vehicles traveling to and from the Facility, as well as emissions associated with off-road diesel equipment during truck unloading. The conservative results of the HRA for operations handling up to 1,500 tpd of refuse indicated that the maximum cancer risk at the nearest sensitive receptor (500 feet south of the Facility) and at the nearest business location (150 feet west of the Facility) would be below the SCAQMD thresholds.
Since completion of the 2009 HRA, DPM emissions associated with Project operations have significantly decreased with the transition of the entire collection truck fleet to Renewable Natural Gas (RNG) vehicles. Therefore, the proposed expanded operations at the Facility would result in fewer truck trips and less off-road equipment activity compared to what was considered in the 2009 HRA. Given these new factors and the upgrade of EDCO’s fleet to natural gas vehicles, the health risks associated with the proposed Project would be less than was modeled in the original HRA for the Facility and would remain below the applicable thresholds.
Greenhouse Gas
Total Green House Gas (GHG) emissions attributed to the Project would be approximately 2,914.2 MTCO2e. However, this estimate is based on the combustion emissions of natural gas and does not account for the net negative GHGs associated with RNG vehicles. Note that the entire collection truck fleet is comprised of RNG powered vehicles. The GHG benefits of using RNG in trucks versus traditional diesel trucks has been quantified in the California Climate Investments Quantification Methodology Emission Factor Database (Database). Using the RNG fuel-specific emission factor provided in the Database, the net GHG emissions per year associated with collection vehicle travel (i.e., 2,280 VMT per day over 260 days per year = 592,800 miles per year) is estimated to be -1360.71 MTCO2e/year. Thus, the Project would result in net negative GHG emissions.
Although GHG emissions are associated with increased activity relating to the transport and processing of the additional 1,000 tpd of refuse, it is important to note the Project would not cause the generation of any new waste materials in the region. Instead, the Project would process waste materials that are in baseline condition, currently processed at other existing waste sorting and transferring facilities within the region. Therefore, nearly all, if not all, waste hauling trips to and from the Facility would be considered redirected existing trips by waste collection vehicles. These vehicles would be (and are, already) collecting solid waste near the City with or without the proposed Project, and these trips would (and do currently) go to other existing materials processing and sorting facilities, if the permitted capacity of the Facility was not expanded.
Operation of MRF/Transfer Station facilities in urban areas will generally always result in improved waste hauling trip regional efficiencies. The primary purpose of an MRF/Transfer Station is to maximize resource recovery and increase the quantity of compostable and recyclable materials diverted from landfills. Utilization of MRF/Transfer facilities closer to urban waste generation markets (i.e., the neighborhoods and communities from which solid waste is collected), minimizes the travel distance of waste collection vehicles, which in turn, reduces GHG emissions.
Noise
Based on the types and number of off-road equipment and vehicle types and trip rates, Project-related noise is propagated to the nearest sensitive receptors to estimate the maximum change in Community Noise Equivalent Level (CNEL) noise levels resulting from the proposed Project as summarized in Table 3. As shown in Table 3, Project-related on-road and off-road activities would not increase noise levels above the City’s noise standard of 75 dBA CNEL for industrial land uses at the Facility fence line or the City’s noise standard for commercial areas of 65 dBA CNEL. Similarly, noise levels propagated to the nearest residential and other sensitive receptors (e.g., Long Beach Islamic Center and Sunnyside Cemetery) would not exceed the City’s General Plan exterior noise threshold of 65 dBA CNEL at the nearby noise-sensitive land uses.
Conclusion
The EDCO recycling and solid waste transfer facility has been successfully operating since 2012 under the existing CUP which limits the daily maximum allowable capacity to 1,500 tpd; the Facility is designed to transfer more than 6,000 tpd and the tipping floor can handle more than 3,000 tpd. The Facility has been allowed, under State emergency declarations, to operate at a larger maximum capacity of 2,500 tpd since November 2020. Neither the City nor the State have records of any operational noncompliance or nuisances during that time. Only one COA revision is required regarding the request to increase capacity. Except for an update to legal language in COA Number One, and replacement of the obsolete COA Number Two regarding shot clocks for construction with a clarification regarding the amended COAs, no other changes to the 30 COAs are recommended.
The City Attorney’s office prepared an amended Development Agreement and Facility Operations Agreement that are satisfactory to the City and the Applicant. Pursuant to Section 15164(a) of the State CEQA Guidelines, the City’s CEQA consultant conducted a thorough environmental analysis in the Addendum which demonstrates, pursuant to Section 15162 of the State CEQA Guidelines, that the foregoing amendments would not result in any new significant impacts, nor would they substantially increase the severity of previously anticipated significant impacts described in the certified EIR (including traffic and air quality analysis). In addition, the Project would not require any new mitigation measures in addition to 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.
At this time, staff recommends the City Council adopt a Resolution amending the CUP, approving the amended Facility Operations Agreement, and adopting an Ordinance approving a Development Agreement between the City and EDCO. As noted earlier, EDCO filed for a new Waste Facility Permit for a permanent capacity increase; however, the request submittal package is incomplete until an approved CUP amendment and associated environmental determination are provided. With City Council approval of the CUP amendment and environmental determination, EDCO will advance the final approval process with the State.
Upon introduction of the proposed Ordinance, the City Clerk’s office will cause to be posted a summary of the Ordinance pursuant to Signal Hill Municipal Code Section 1.08.010 at City Hall, Discovery Well Park, Reservoir Park, and the Signal Hill Library on or before June 14, 2024. A summary of the Ordinance will also be published in the Signal Tribune newspaper per Government Code §65091(a)(4) on June 14, 2024. The second reading of the Ordinance will be agendized for the July 23, 2024, City Council meeting.
Waive the Reading of All Ordinances
Wherein the titles appear on the public agenda, said titles shall be determined to have been read by title, and further reading is waived. The purpose of waiving the reading of ordinances in full and authorizing reading by title only is to help streamline the Council meeting process, to avoid unnecessary delay and to allow more time for substantive discussion of items on the agenda.
Reviewed for Fiscal Impact:
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Sharon del Rosario
Attachments:
A. 2009 City Council Staff Report and Resolution Approving CUP
B. SERRF Closure Email
C. EDCO Request for Tonnage Increase
D. ECDO Emergency Waiver
E. LEA Response
F. EDCO Transfer Processing Report
G. Bear Welding Support Letter
H. Farm Lot 59 Support Letter
I. Development Agreement Ordinance
Exhibit A (Development Agreement)
J. Facility Operations Agreement
K. Resolution CUP Amendment