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A required buffer area is pa~~t of a solid waste facility as defined by the Cit ,
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<br />Under City Code ~ 58-91:
<br />Solid waste facility means all property, real or personal, including
<br />negative and positive easements and water and air rights, which zs or
<br />may be needed or useful for the processing or disposal of waste and
<br />for which processing or disposal of waste a license is required under
<br />the provisions of this article, Solid waste facility includes, but is not
<br />limited to, transfer stations; sanitary landfills; solid waste pracessin
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<br />facll~tles, including resource recovery and waste reduction facilities;
<br />and waste burning facilities, including incinerators, boilers and other
<br />facilities far burning processed or unprocessed solid waste.
<br />City Code ~58~91 definition of "solid waste facility'} emphasis in brie , A buffer
<br />area imposed as a condition to the issuance of a CUP is "needed or useful for the"
<br />disposal of waste. As one court recognized when affirming a trial court's holdin
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<br />t t e phrase "landfill facility" includes not just the active portion of a landfill but
<br />also its buffer areas, "the court's interpretation is a sensible construction of the term
<br />`landfill facility' because each part of the facility, including the active area
<br />monitoring wells, buffer zone, and wetlands, is necessary to the overall function of
<br />solid waste disposal." Y~eyerhaeuse~ v, Tacama~Pie~ce County Tlealth ~e t, 123
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<br />wash,App, 59, 6$, 96 P,3d 460, 465 ~V4~ash,App, Div. 2 2004}, See also IT Car , v.
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<br />Salano County Bd, of Supe~viso~s, l Cal,4th 81, l OQ n, l b, 820 P,2d 1023 1035 n,16
<br />2 Cal,Rptr.2d 513, 525 n,16 Cal. 1991) noting that a hazardous waste facilit
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<br />company "wisely makes no claim that the [buffera condition itself is `unreasonable "'
<br />and noting that "such setbacks, of course, are designed to provide a ban~ier a ainst the
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<br />m~grat~on of contaminants to adjacent waters and lands zoned for incom atible
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<br />uses, "},
<br />Zn short, the City Code requires that solid waste facilities must be located
<br />within a SwF district, and a buffer area that is required as a condition for landfillin
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<br />is properly considered part of a "solid waste facility" as the City Code defilaes that
<br />term,
<br />~, SL's letter; ERL's March 9 letter states on page 3 that "0n December 17 2009 and a ain
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<br />on January 4, 2010, City plainly and unmistakably represented to Judge Varco that the artier' 2003
<br />Hos ~ ` 4 p
<br />t Community Agreements language clearly refers to ex anslons , , , on the Landfill roe '
<br />nvt to `expansions' onto Tiller's adjacent 108.8-acre southern develo ment area SDA ro ert ."
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<br />~emphas~s ~n letter}, 1t adds on page 4 that, "Because City has represented to Jud e Varco that the
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<br />parties 2003 Host Community Agreement's `language clearly refers to `ex ansions . , , on the
<br />Landfill ro ert ,' City staff s proposed amendments, if adopted, will constitute an e uall `clear'
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<br />breach of the agreement," emphasis in letter).
<br />The City's filings; At the relevant section of the City's proposed order discussin the Host
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<br />Community Agreement ~HCA}, the City proposed that the Court find as follows;
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