Supplemental Agenda Berkeley City Council Regular Meeting
February 12, 2008
Item No. 23. Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
From: Councilmember Maio and Mayor Bates
Recommendation: Refer to the Zoning Officer initiation of nuisance abatement or other appropriate proceedings with respect to plants 1-3 at Pacific Steel Casting, 1333 Second Street, on the basis of odors.
Dear Mayor and City Council :
It is encouraging that City Council is willing to consider moving forward to resolve the longstanding odor nuisance associated with Pacific Steel Casting. In addition to the above recommendation, please consider creating a community-based Odor Task Force. This volunteer group could work with the Zoning Adjustments Board and Staff to advise the City Council on this issue of odor nuisance in Northwest Berkeley.
The odor task force could be responsible for the following:
- Review the history of BAAQMD odor complaint protocols and inspection procedures, and
- Identify the industrial processes responsible for generating odors, and
- Evaluate the chemical/metal/toxic nature of the odors, and
- Investigate methods for odor monitoring, detection and abatement technologies, and
- Develop both a council report and an odor monitoring plan.
A community-based Odor Task Force is the best way to help ZAB and City Council better understand this issue and to move toward some final resolution of this ongoing concern.
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Berkeley City Council Agenda Item 23
Subject: Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
February 12, 2008, From: Councilmember Linda Maio
Subject: Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
RECOMMENDATION
Refer to the Zoning Officer initiation of nuisance abatement or other appropriate proceedings with respect to plants 1-3 at Pacific Steel Casting, 1333 Second Street, on the basis of odors.
FINANCIAL IMPLICATIONS
Nuisance proceedings are likely to require significant staff time.
BACKGROUND
The Zoning Ordinance defines "noxious smells or fumes" as a nuisance. In addition, the Use Permits that govern plants 2 and 3 at Pacific Steel Casting prohibit unreasonable odors. Nonetheless, although Pacific Steel Casting has taken some measures to reduce odors, it continues to be the subject of continuing odor complaints from the affected community. The Bay Area Air Quality Management District has a protocol for responding to such complaints, and residents have followed this protocol. However this has not resulted in a sufficient reduction in odor from Pacific Steel Casting.
The Zoning Ordinance (BMC sections 23B.60.030 and 23B.64.030) authorizes the City Council to initiate nuisance proceedings with respect to Use Permits by a referral to the Zoning Officer, who must then set the matter for a public hearing before the Zoning Adjustments Board. Because remedies provided by the Bay Area Air Quality Management District have not been as effective as hoped, it appears to be necessary for the City to follow its established procedure to investigate these continuing complaints and to determine what, if any, remedy is appropriate.
