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Planning commission approves renewal of soil‑stockpile permit for landfill, sets expiration tied to use or 2035
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Summary
The commission approved renewal of conditional use permit PLN240081 for a soil stockpile operated by Waste Connections adjacent to the county landfill, finding the renewal exempt from CEQA and setting an expiration of Dec. 31, 2035 or earlier if the stockpiled soil is exhausted.
The San Benito County Planning Commission on Oct. 15 approved a renewal of conditional use permit PLN240081 to allow continued stockpiling of soil on an approximately 12.5‑acre parcel adjacent to the county landfill. The stockpile is owned and operated by Waste Connections and supplies soil used for daily and intermediate cover at the landfill.
Outside counsel representing county staff, Brie Mobius of Heather Law (identified in the record as outside counsel), explained that the renewal does not authorize or accommodate a landfill expansion. She said the renewed permit would expire at the earlier of Dec. 31, 2035, or when the remaining stockpiled soil has been used. Staff reported the stockpile originally contained roughly 190,000 cubic yards of excavated soil and that about 80,000 cubic yards remain.
Mobius told the commission that staff recommended finding the renewal exempt from environmental review under two exemptions: county CEQA ordinance section 15.301 for existing facilities (operation/maintenance of existing facilities) and the CEQA Guidelines section 15061(b)(3) (the "common sense" exemption), because there is no change to the existing activity.
During public comment, Maureen Nelson raised concerns that the stockpile parcel had been considered in earlier landfill purchase and expansion discussions and urged commissioners to be vigilant about any backdoor method to facilitate landfill expansion.
Commissioners asked questions about volumes, the origin of the soil and timing. Staff and the applicant explained that approximately 190,000 cubic yards were initially placed and roughly 80,000 cubic yards remain; earlier estimates expected faster consumption. The applicant's representative said the projected remaining life of the landfill is about 12 years under current rates. The representative confirmed Waste Connections owns the parcel where the stockpile sits.
A motion to approve staff's recommendation carried unanimously. The motion as read at the hearing directed the commission to: find the project exempt from CEQA under the stated exemptions; adopt the proposed resolution and findings; and approve PLN240081 with the conditions of approval prepared by staff. Recorded vote showed four ayes, none opposed.
The approval includes conditions requiring final grading and revegetation of areas where soil has been removed, and an expiration tied to either a fixed date (Dec. 31, 2035) or exhaustion of remaining stockpiled material, whichever occurs first. Staff said if the soil is used earlier than 2035 the permit will terminate at that point.
