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HomeMy WebLinkAbout36- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Appeal of Planning Commission Approval of Conditional Use Permit No. 99-17 to allow for the establishment of a transfer facility for the collection Dept: Development Services I ' and transfer of greenwaste and other organic a + f w materials. 0 Date: April 4, 2000 MCC Date: April 17, 2000 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council close the public hearing, deny the appeal and uphold the Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of Conditional Use Permit No. 99-17, based on the Finding of Fact contained in the Planning Commission's Staff Report, subject to the Conditions of Approval as amended and Standard Requirements. Mich 4l E. Hays Contact person: Joe Bellandi Phone: 384-5057 Supporting data attached: Planning Commission Staff Report Ward(s): 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No.: 3�/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT No. 99-17 Mayor and Common Council Meeting of April 17, 2000 Owner: Applicant: City of San Bernardino David Hardy Redevelopment Agency California Bio-Mass, Inc. 200 No. "E" Street, Suite 301 10397 Alder Avenue San Bernardino CA 92401 Bloomington CA 92316 909-663-2272 909-875-6441 BACKGROUND The applicant requests approval of a Conditional Use Permit under authority of Development Code Section 19.06.030 (2)(P) to establish and operate a transfer facility for the collection and transfer of green waste and other organic materials and finished product, bagging/warehousing and marketing. Materials collected for transfer include green waste, wood waste, wallboard, paper, pre- and post-consumer food waste, and liquid food wastes. All collection and transfer operations will occur within the transfer building. The average daily operation will handle approximately 300 tons per day, however, the facility is designed with a maximum capacity of 500 tons per day to accommodate seasonal peak loads and emergency situations. All material is transferred to another site for processing within 24 hours of arrival on-site. Finished organic products will be brought back to the site for bagging, warehousing and distribution, and bulk sales. Material available for bulk sales is approximately 200 cubic yards total at any given time. All transfer and bagging operations are conducted within enclosed buildings. Operational Characteristics The facility will be open to the public 7 a.m. to 5:30 p.m. Monday through Saturday and employ approximately 35 people. Operational activities will occur 24-hours per day, including site and vehicle maintenance and material loading and transfer, along with bagging and loading activities conducted within the warehouse. All material received at this facility will be sent to compost facilities with valid Solid Waste Facility permits. The compost facilities operated by California Bio-Mass include Coachella Valley (Thermal) and Victorville. Detailed background and project information is contained in the Planning Commission Staff Report (Exhibit 2). Appeal of Planning Commission Approval of CUP No. 99-17 Mayor and Common Council Meeting of April 17, 2000 Page 2 of 5 An Initial Study was prepared and presented to the Environmental Review Committee (ERC) on December 9, 1999. The Environmental Review Committee recommended a Mitigated Negative Declaration. The Initial Study was distributed through the State Clearinghouse and available for a 30-day public review period from December 15, 1999, through January 14, 2000. Commentors to either the project description or the Initial Study, included: • Regional Water Quality Control Board, Santa Ana Region (RWQCB) • California Integrated Waste Management Board • County Department of Environmental Health Services - Local Enforcement Agency (LEA) • Two private individuals. The responses to comments were prepared specific to each letter received. In addition, the project description was expanded to more completely describe various components and operational characteristics of the facility. The Initial Study was amended to respond to issues raised by the commentors, including the addition of one mitigation measure related to odor control, and the modification of the checklist from "No Impact" to "Less than Significant Impact" for checklist items: • IV.c - Discharge to surface waters • X.a/b - pertaining to noise levels and generation of noise • XI.a - Fire Protection • XIII.c - Creation of light or glare. The revised project plans, Initial Study, and responses to comments, were cleared to the Planning Commission by E/DRC on February 3, 2000. The proposed conditions of approval reflect the comments and recommendations of the DRC as well as information provided by the LEA and the RWQCB. The detailed analysis and project information is contained in the Initial Study (Planning Commission Staff Report Attachment E). On March 21, 2000 the Planning Commission unanimously adopted the Mitigated Negative Declaration and approved Conditional Use Permit No. 99-17, based on the Findings of Fact, subject to the Conditions of Approval as amended and Standard Requirements. The Planning Commissioners present were; Adams, Coute, Durr, Enciso, Lockett, O'Connor, Ramirez, Thrasher and Welch. Commissioner Garcia was absent. APPELLANT'S GROUNDS FOR THE APPEAL/STAFF RESPONSE 1. Failure of City Building and Planning Services Department and City Planning Commission to properly address environmental concerns regarding air quality, water quality, transportation, and aesthetic issues in accordance with CEQA standards for this project. The Initial Study was prepared by Lilburn Corporation and independently reviewed by City Staff and the Environmental Review Committee to address all environmental issues in Appeal of Planning Commission Approval of CUP No. 99-17 Mayor and Common Council Meeting of April 17, 2000 Page 3 of 5 conformance with CEQA guidelines and standards. The Initial Study adequately and appropriately addresses all aspects of impacts to the environment as a result of the proposed project, including air quality, water quality, transportation, and aesthetics. AIR QUALITY: The Initial Study includes an analysis of project construction and operational impacts as outlined in the South Coast Air Quality Management District - CEQA Air Quality Handbook and the thresholds provided therein. Tables 5 and 6 (also refer to Appendix A) reflect the results of that analysis. Neither construction nor operations are expected to exceed the recommended thresholds established by the Handbook. Nevertheless, a mitigation measure is included which requires compliance with SCAQMD Rule 403 for the reduction and prevention of fugitive dust (Mitigation Measure AQ-1). The Initial Study also recognizes the potential for the odors generated from the transfer floor, depending on the combination of materials being received. Those materials that have a greater potential to generate odor include grass clippings and restaurant and food waste residuals. Although the operation is conducted completely indoors, a mitigation measure AQ-2 will require the applicant to install an interior mister/deodorizer to neutralize the generation of such odors. The applicant has Permits to Operate from SCAQMD for equipment located in Coachella Valley, and previously for the facility in Bloomington. (operations in Bloomington have since ceased and all equipment moved from the site). Permits from SCAQMD to Construct and/or Operate will not be necessary for the equipment used at this site. WATER QUALITY: Development of the proposed project will result in pavement and building surface of approximately one-half of the total 10.28-acre site. This will result in a change in the absorption rate and drainage pattern of the vacant property. The City Public Works/Engineering Division reviewed the preliminary grading plan and found it to be adequate. The City Public Works Department and the Regional Water Quality Control Board will also have to approve the final drainage plan. In addition the drainage design must meet the requirements of the National Pollution Discharge Elimination System (NPDES) prior to start of facility operation and a Storm Pollution Prevention Plan (SWPPP) must be maintained at the on-site office prior to operation. The Regional Water Quality Control Board commented on the Initial Study and the project description and those comments were incorporated into the Initial Study and the project description, with specific responses to those comments provided directly to the RWQCB staff. The project proponent and City staff have discussed the project design and response to comments with RWQCB staff, who determined that the responses were adequate and have Appeal of Planning Commission Approval of CUP No. 99-17 Mayor and Common Council Meeting of April 17, 2000 Page 4 of 5 indicated that although the project must comply with NPDES requirements, no further permits are required from RWQCB. TRANSPORTATION: The Initial Study analyzed the increased traffic generated by the proposed project and the impact of project-specific increases to the two intersections nearest to the site (i.e. the north end of Industrial Parkway at Palm Avenue, and the south end of Industrial Parkway/Hallmark Parkway at University Parkway. Currently the traffic at the University Avenue intersection with Hallmark Parkway in excess of 9,800 vehicles per day, whereas the intersection at Palm And Industrial Parkway is far less impacted by existing traffic at approximately 1,900 vehicles per day. Mitigation measures as required by the City Public Works Department include a requirement that the California Bio-Mass trucks use the Palm Avenue access and freeway on-ramp, that is substantially less impacted from existing traffic patterns than the University Parkway access. The Engineering Division required the project proponent to obtain a Truck Route Authorization prior to operation of the facility. No other mitigation is deemed necessary by the City Engineer. AESTHETICS: The site for the proposed project was selected primarily due to its location in a Heavy Industrial zoning district, and due to the fact that neighboring businesses include California Steel and Jacks Disposal, both compatible with the Heavy Industrial land uses. The operations are conducted completely indoors, including tipping and loading of transfer trucks. The complete perimeter of the site will be landscaped to preclude views in to the site operations area. 2. Failure to prepare an adequate Mitigation Monitoring and Reporting Plan in accordance with State of California PRC Section 21081.6. The approval of the Conditional Use Permit also included adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program in full compliance with PRC Section 21081.6 and CEQA guidelines. 3. Failure to incorporate Local Enforcement Agency (LEA) and California Integrated Waste Management Board recommendations as conditions of permit. The City staff and the project proponent conducted numerous meetings and conversations with LEA staff to insure that the LEA was satisfied with the thoroughness of the project description, Initial Study and Mitigation Measures. Conditions of Approval No. 7 and 8 were incorporated into the project at the request of the LEA. Appeal of Planning Commission Approval of CUP No. 99-17 Mayor and Common Council Meeting of April 17, 2000 Page 5 of 5 4. Deliberate and intentional misrepresentation of San Bernardino County LEA intended oversight and responsibility for this project on the part of City staff and the project proponent. Both City Staff and the project proponent worked cooperatively with the LEA to address all concerns and issues raised during their review of the project description and the Initial Study. It was never the intent of either staff or the project proponent to misrepresent any aspect of the LEA oversight and responsibility with respect to this project. FINANCIAL IMPACT No impact, the appellant paid the processing fees. RECOMMENDATION Staff recommends that the Mayor and Common Council: 1. Uphold the Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and; 2. Uphold the Planning Commission's approval of Conditional Use Permit No. 99-17, based upon the Findings of Fact contained in the Planning Commission Staff Report subject to the Conditions of Approval as amended and Standard Requirements (Exhibit 3). EXHIBITS: 1. Location Map 2. Planning Commission Staff Report, dated February 22, 2000* 3. Memorandum to the Planning Commission, dated March 14, 2000* 4. Letter from William J. Ward, dated March 21, 2000* 5. Letter from Department of Public Health Local Enforcement Agency, dated March 29, 2000* 6. Application for Appeal * Distributed under separate cover April 6, 2000 EXHIBIT 1 CITY OF SAN BERNARDINO PROJECT: CUP No. 99-17 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 04/17/00 NORTH N 421 0 c� : V / 0 ti i ►��` y �• o ' O ii n w '� f Exhibit 6 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTIEENT 300 North 'D'Street, 3rd Floor, San Bernardino, CA 92418 Phone (909)384-5057 Fax (909)384-5080 APPLICATION FOR APPEAL A P 00 - 0 Z OF A DIRECTOR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW e COMMITTEE DETERMINATION OR PLANNING COMMISSION DETFAVINATION Appellant's Name, Address & CIMARRON RANCH NEIGHBORHOOD ASSOCIATION Phone P.O. BOX 9466 SAN BERNARDINO CA 92427 (909) 880-1928 Contact Person, Address & STEWART D. CUMMING, PRESIDENT Phone 4377 NORTH CRISTY AVENUE SAN BERNARDINO CA 92407 (gng) SRO-iqn Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time. Date Appeal Filed 3 2$ Received by Receipt No. Ro 000 1 L S Receipt Amount / 30 . a NOg�M0W MAR 2 8 210th D CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Appeal Application Page 2 The following information must be completed: Specific action being appealed and date of that action CITY OF SAN BERNARDINO PL4NNING COMMISSION APPROVAL OF CITY OF SAN BERNARDINO CONDITIONAL USE PERMIT NO. 99-17 , CALIFORNIA BIO-MASS. 21 MARCH 2000 Specific grounds for the appeal : l.) FAILURE OF CITY BUILDING AND PLANNING SERVICES DEPT. AND CITY PLANNING COMMISSION TO PROPERLY ADDRESS ENVIRONMENTAL CONCERNS REGARDING AIR QUALITY, WATER QUALITY, TRANSPORTATION, AND AESTHETICS ISSUES IN ACCORDANCE WITH CEQA STANDARDS FOR THIS PROJECT. 2). FAILURE TO PREPARE AN ADEQUATE MITIGATION REPORTING AND MUNIIUKINU PLAN (MMF) 1N AUUMDANCE WITH S TATE OF CALIFORNIA PUBLIC RESOURCES CODE SEC. 21081.6. 3.) FAILURE TO INCORPORATE LEAD ENFORCEMENT BOARD(CIWMB) RECOMMENDATIONS AS CONDITIONS OF PERMIT. 4. DELIBERATE AND INTEN11UNAL ActiASEB tILITY FOR THIS PROJECT ON THE PART OF CITY STAFF AND THE PROJECT PROPONENT. l.) DENY CONDITIONAL USE PERMIT 99-17 UNTILSUCH TIME AS: (a) A FULL ENVIRONMENTAL IMPACT REPORT(EIR) INCOMPLIANCE WITH All FFDFRAI ,STAFF, AND LOCAL LAWS IS PREPARED AND REVIEWED. (b) PROPONENT OBTAINS A FULL FACILITY PERMIT FROM CIWK FOR A TRANSFER STATION OPERATION. (c) PROPONENT OBTAINS A WASTEWATER DISCHARGE PERMIT FROM THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION. (d) PROPONENT OBTAINS ANY AND ALL OTHER PERMITS AS Additional information NONE AT THIS TIME. 28 MARCH Pow Signature of Appellant Date CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT 300 North D'Street, 3rd Floor, San Bernardino, CA 92418 Phone (909)384-5057 Fax (509)38¢5080 RE C EJ F D--r,'17'( C -.i '0� UMAR 28 P 5 :12 APPLICATION FOR APPEAL I OF A DIRECTOR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW COMMITTEE DETERMINATION OR PLANNING COMMISSION DETERMINATION Appellant's Name, Address & CIMARRON RANCH NEIGHBORHOOD ASSOCIATION Phone P.O. BOX 9466 SAN BERNARDINO CA 92427 (909) 880-1928 Contact Person, Address & STEWART D. CUMMING, PRESIDENT Phone 4377 NORTH CRISTY AVENUE SAN BERNARDINO CA 92407 (q09) SRO-1928 Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time. Date Appeal Filed 3 2$ Received by Receipt No. P0000 I 1 LS Receipt Amount 3y L' ' �dhllnis¢�zu{�s Office Cl' ,q,� �t'�s Oi�� [ECIRWE D W MAR 2 8 2000 i/ qe CITY OF SAN T BERNARDINO SERVICES DI S tTil l K f��'" DEVELOPMENT SERVICES DEPARTMENT Appeal Application Page 2 The following information must be completed: Specific action being appealed and date of that action CITY OF SAN BERNARDIINO PLANNING COMMISSION APPROVAL OF CITY OF SAN BERNARDINO CONDITIONAL USE PERMIT NO. 99-17, CALIFORNIA BIO-MASS. 21 MARCH 2000 Specific grounds for the appeal 1.) FAILURE OF CITY BUILDING AND PLANNING SERVICES DEPT. AND CITY PLANNING COMMISSION TO PROPERLY ADDRESS ENVIRONMENTAL CONCERNS REGARDING AIR QUALITY, WATER QUALITY, TRANSPORTATION, AND AESTHETICS ISSUES IN ACCORDANCE WITH CEQA STANDARDS FOR THIS PROJECT. 2). FAILURE TO PREPARE AN ADEQUATE MITIGATION REPORTING AND MONI10RINU PLAN (MMF) !N ALLORUANCE WITH S TATE OF CALIFORNIA PUBLIC RESOURCES CODE SEC. 21081.6. 3.) FAILURE TO INCORPORATE LEAD ENFORCEMENT BOARD(CIWMB) RECOMMENDATIONS AS CONDITIONS OF PERMIT. 4. DELIBE ActiAS�4WJLITY FOR THIS PROJECT ON THE PART OF CITY STAFF AND THE PROJECT PROPONENT. 1.) DENY CONDITIONAL USE PERMIT 99-17 UNTILSUCH TIME AS: (a) A FULL ENVIRONMENTAL IMPACT REPORT(EIR) IN rrnnPironirG WLIN All FFF)FRAI ,STATE, AND LOCAL LAWS IS PREPARED AND REVIEWED. (b) PROPONENT OBTAINS A FULL FACILITY PERMIT FROM CIWMB FOR A TRANSFER STATION OPERATION. (c) PROPONENT OBTAINS A WASTEWATER DISCHARGE PERMIT FROM THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION. (d) PROPON OBTAINS ANY AND ALL OTHER PERMITS AS Additional information NONE AT THIS TIME. -(::f C,,--j 28 MARCH_2000 Signature of Appellant Date City of San Bernardino Development Services Application Fees and Account Numbers Planning Division Fees Effective January 1,2000 Account No. Type of Application or Service Fee Per Tvoe of Case Amendment to Conditions 5402 001-000-1714 Amendment to De.elooment Code (Text) S1.002 001-000-4714 I Antenna Develocment Permit-Director Review I 5-11 001-000-4714 I Antenna Develeoment Permit-Planning Commission Review ( 5627 001-000-4710 I Appeal to Mavor and Council or lanning Commission S133 001-000-4766 Building Development Permit Review $41 (Development Permit Type I-Director) 001-000-1720 a. Certificate of Occupancv S19 001-000-4710 Christmas Tree Lot Permit (Temporary Use Permit) S320 001-000-1714 Conditional Use Permit for alcohol outlets in existing buildings S934 001-000-4714 I Conditional Use Permit for conditional uses S1.604 001-000-4714 I Conditional Use Permit for condos and Planned Res. Developments S 1,604, plus S 11 per unit 772-171-2301 Design Review Full Consultant Costs Initial Deposit of 5266 001-000-4-14 Development A_eement or Development Agreement Direct Cost Recovery Amendment Plus Full Consultant Cost 001-000-4766 Development Permit Type I-Director Review S41 001-000-4714 Development Permit Type II or III-Development Review $1,6U4 Committee and/or Planning Commission and/or Council Review 001-000-4710 l Documents Varies-See Attached List 001-000-4718 Environmental Impact Report Direct Cost Recovery Plus Full Consultant Costs Per Type of Case Extensions of Time, (all applications except for subdivisions) 5332 001-000-4711 Extensions of Time:Tentative Tracts, Parcel Maps, 10%of Original Filing Fee Lot Line Adjustments 001-000-4714 Fence/Wall Development Permits S41 772-190-2307 Fish& Game Department Fees: Environmental Impact Report S850 Negative Declaration S1,250 County Filing Fee S35 l CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES RECEIPT Activity# :AP00-02 Appeal SITE ADDRESS: 5404 N INDUSTRIAL PKWY SB PARCEL: 0266-041-7100-00 RECEIVED FROM: RECEIPT NUMBER: R00001165 TRANSACTION DATE: 03/28/2000 TOTAL PAYMENT: 130.00 TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 130.00 TRANSACTIONS: Type Method Description Amount ---------- -------- --------------------------- ------------ Payment Cash 130.00 TOTAL: 130.00 ACCOUNT ITEMS: Description Account Code Current Pmts ------------------------------ ---------------- ------------ APPEAL TO MCC OR PC 001-000-4710 130.00 TOTAL: 130.00 RECEIPT ISSUED BY: GMB INITIALS: MEP ENTERED DATE: 03/28/2000 TIME: 04 :43 PM ��ritNA,Rp�� C I T Y O F O �n bernardino G'{'DED IK 10 R A C H E L C L A R K C I T Y C L E R K April 18, 2000 Mr. Stewart D. Cumming, President Cimarron Ranch Neighborhood Association P.O. Box 9466 San Bernardino, CA 92427 Dear Mr. Cumming: At the meeting of the Mayor and Common Council held on April 17, 2000, the following action was taken relative to your appeal of Planning Commission approval of Conditional Use Permit No. 99-17 to allow for the establishment of a transfer facility for the collection and transfer of green waste and other organic materials: The Mayor and Common Council closed the hearing, denied the appeal and upheld the Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of Conditional Use Permit No. 99-17 based on the Findings of Fact contained in the Planning Commission's Staff Report, subject to the Conditions of Approval, as amended, and Standard Requirements. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, 6 � b. Rachel G. Clark, CMC City Clerk RC:lh cc: Development Services David Hardy, Bio-Mass, Inc. P. O . B O X 1 3 1 8 S A N B E R N A R D 1 N O , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D 1 N O , C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - S 0 0 2 ( 9 0 9) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9) 3 8 4 -S 1 5 8 T D D/T T Y -(9 0 9) 3 8 4 -5 5 4 0 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT- PLANNING DIVISION interoffice memo Date: April 6, 2000 To: Mayor and Common Council From: Joe, Belland sociate Planner Through Michael E. Hays, Director of Development Services Cc: City Attorney City Clerk City Administrator Re: Appeal of Conditional Use Permit No. 99-17 The following information is being distributed for the referenced appeal. The appeal is scheduled for the Mayor and Common Council meeting of April 17, 2000. This information will not be distributed again with the Mayor and Common Council Staff Report. The information includes: Exhibit 2 Planning Commission Staff Report, dated February 22, 2000 Exhibit 3 Memorandum to the Planning Commission, dated March 14, 2000 Exhibit 4 Letter from William J. Ward, dated March 21, 2000 Exhibit 5 Letter from the Department of Public Health, Local Enforcement Agency, dated March 29, 2000 Exhibit 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No.99-17 AGENDA ITEM: 4 HEARING DATE: February 22, 2000 WARD: 6 APPLICANT OWNER: David and Michael Hardy City of San Bernardino California Bio-Mass, Inc. Economic Development Agency 10397 Alder Avenue 201 No. "E" Street, Suite 300 Bloomington, CA 92316 San Bernardino CA 92401-1507 REQUEST/LOCATION: The applicant request approval of a Conditional Use Permit under authority of Development Code Section 19.06.030 (2)(P), to establish a transfer facility for the collection and transfer of green waste and other organic materials. The proposed project is located on the west side of Industrial Parkway, approximately half-way between University Parkway to the south, and Palm Avenue to the north; in the IH, Industrial Heavy land use district. CONSTRAINTS/OVERLAYS: High Wind ENVIRONMENTAL FINDINGS: ❑ Not Applicable ❑ Exempt, Section ❑ No Significant Effects ■ Potential Effects, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program STAFF RECOMMENDATION: • Approval • Conditions ❑ Denial ❑ Continuance to: Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 2 PROJECT DESCRIPTION The applicant requests approval of a Conditional Use Permit under authority of Development Code Section 19.06.030 (2)(P) to establish and operate a transfer facility for the collection and transfer of green waste and other organic materials and finished product, bagging/warehousing and marketing. Material collected for transfer include green waste, wood waste, wallboard, paper, pre- and post-consumer food waste, and liquid food wastes. All collection and transfer operations will occur within the transfer building. The average daily operation will process approximately 300 tons per day, however, the facility is designed with a maximum capacity of 500 tons per day to accommodate seasonal peak loads and emergency situations. All material is transferred to another site for processing within 24 hours of arrival on-site. Finished organic products will be brought back to the site for bagging, warehousing and distribution, and bulk sales. Material available for bulk sales is approximately 200 cubic yards, total at any given time. All transfer and bagging operations are conducted within enclosed buildings. Construction of all structures will be of prefabricated metal on a concrete slab, and all buildings will be equipped with fire sprinklers. The site will be landscaped along Industrial Parkway to screen views of the on-site activity from the street, and to enhance the developing streetscape, and a shrub screen will be provided along the northerly and southerly boundaries of the site Attachments A & B). Types of Materials Received for Transfer: Wood: Wood waste typically consists of source-separated clean dry wood/lumber from pallet companies, new construction sites, lumber yards and furniture manufacturers. All wood loads are screened for the presence of treated or stained material. Wood from demolition sites is not accepted due the potential for the presence of residues, stains and paints on the wood material. Liquid Food Waste: Liquid feed stocks, including restaurant grease trap material, potato peelings, and whey from dairies, will be brought in by tanker truck and directly pumped into a tanker available on-site. Two tankers will be on-site, one will be filled as material arrives, and once filled will depart for transfer to the compost facility. A second tanker will be on-site for stand-by situations and when the full-tanker is on a delivery to the compost facility. The liquid wastes will not be mixed with other green waste material on the tipping floor. The liquid food waste tankers will depart from the site at least once in each 24-hour period. Curbside Green Waste: Typically includes grass, leaves, and branches from trees and shrub pruning collected by the commercial waste haulers in the local communities. Commercial Landscape Material: Consists of larger woody material such as large scale tree trimmings and stumps, mixed with green waste which is typically generated by landscape contractors and gardeners. Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 3 Commingled Food Scraps and Paper Waste (Commingled Organics): Consists of fruit and vegetable residue from food preparation collected from restaurants. Food scraps are typically commingled with waste paper products at the source of collection. The following items will NOT be accepted at any time at this facility: Raw meats, fishery waste, sewer sludge, animal waste (manure) or dead animals, hazardous materials, hot or burning wastes, painted wood, or explosives. Material Sold as Landscape Supplies End products that are processed off-site at other facilities will be available for on-site sales, including ground cover and decorative bark, mulch, and other soil amendments, as well as sand and gravel. These materials will be accessible in the finish product bins (Attachment B). The public will be able to access the bins, load the desired amount of material, then pay at the office. Approximately 200 cubic yards of bulk material will be available on-site at any given time. All material available for sale is stabilized finished products and soil amendments. No composting (anaerobic activity) will occur at this facility. Operational Characteristics The facility will be open to the public 7 a.m. to 5:30 p.m. Monday through Saturday and employ approximately 35 people. Operational activities will occur 24-hours per day, including site and vehicle maintenance and material loading and transfer, along with bagging and loading activities conducted within the warehouse. All material received at this facility will be sent to compost facilities with valid Solid Waste Facility permits. The compost facilities operated by California Bio-Mass include Coachella Valley (Thermal) and Victorville. All transfer operations will occur within the enclosed transfer building, which will be installed with automatic misters to control fugitive dust and odor generated from loads and activity on the tipping floor. At no time will green waste or other commingled organics of any kind be stored outdoors. All commercial vehicles and transfer trucks will be tarped prior to travel on public streets. The design of the site and the proposed methods of operation are intended to prevent storm water from coming in contact with spillage of waste material. Both the fuel storage tanks and the liquid food waste tankers are located within concrete containment areas which are designed to control 110% of the tank capacity in the event of any spill. As such this material will be prevented from coming in contact with storm water. The tipping floor will be cleaned at the end of each shift using dry methods such as daily sweeping and commercial street sweepers. Transfer trucks, tankers and collection trucks will not be washed at this facility at any time. The transfer trucks and tankers are rinsed/washed at the compost site at the time the material is transferred and AW Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 4 unloaded. The collection vehicles are cleaned by the respective haulers at their own corporate yards. The future potential for rail use at the site would be exclusively for the delivery of product that is to be packaged at the bagging plant. Packaged material will be removed from the site by truck, and there would be no change in the operations related to the transfer station. Proposed site improvements and facility operation will be developed in four phases: Phase One: Spring 2000. Construction of an 8,400 square foot transfer building; scale and fueling area; and a landscape supply sales area. Other improvements include approximately 70,000 square feet of pavement, all perimeter landscaping and fencing, concrete containment areas for both fuel storage and liquid food waste storage areas, and infrastructure associated with the Phase One operations. Phase One operations on the site will primarily include the collection and transfer of green waste material collected form residential curbside, wood materials, food collected from commercial and industrial sources and commercial landscape wastes, with the ability to fuel vehicles on-site and provide for bulk landscape material sales. Phase Two: Summer 2000. Construction of a 2,700 square foot office building; a 4,000 square foot maintenance building, and approximately 25,000 square feet of additional pavement for additional parking and maneuvering. Phase Two will allow all corporate office functions to occur at the site, along with vehicle maintenance functions. Phase Three: Fall 2000. Beginning at the conclusion of Phase Two, Construction of a 36,000 square foot warehouse and bagging plant, an additional 7,500 square feet of processing area and approximately 40,000 square feet of additional site pavement required for expanded parking and on-site circulation. Phase Three will add the capability for mixing of specialty product, bagging of finished product, and warehousing of finished/bagged material ready for distribution. Phase Four: Starting time will be determined based on future need. Construction of a 6,000 square foot addition to the transfer building, and a 54,000 square foot addition to the warehouse and bagging plant, and paving of the remainder of the site, for a total of 137,000 square feet of paved area. Phase Four will also include development of rail spurs, for rail load out capability. SETTING/SITE CHARACTERISTICS The proposed 10.28-acre project site is located westerly of Industrial Parkway, southerly of Palm Avenue, and northerly of University Parkway. The site is at the confluence of Devils Canyon Diversion Channel and Cable Creek Channel. The surrounding properties are in the IH, Industrial Heavy land use district and are vacant, with the exception of San Bernardino Steel located immediately to the north. Other businesses in the immediate vicinity include Jack's Disposal, and similar warehouse/distribution and industrial activities. Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 5 The site is generally flat to gently sloping. The 10.28 acre site ranges in elevation from a low of 1,559 feet above sea level near the western-most corner of the site, and a high of 1,586 feet above sea level near the northern-most corner of the site, for a difference in elevation of approximately 27 feet. Finished grades will remain closely related to the site's existing grade of 2.5%. The existing condition of the project site is vacant land, which has been disked yearly for weed and fire control. Residential neighborhoods are located easterly of I-215 along Kendall Drive (900 feet from the site boundary), as well as westerly of BN/SF rail line and Cajon Boulevard in Muscoy and Cimarron Ranch subdivision (approximately 800' feet from the site boundary). Regional transportation corridors (including the I-215, SR-66 and BNSF rail) separate all residential areas from the site which serve to reduce impacts from this facility. BACKGROUND The Development Review Committee conducted a preliminary review of the project and the Initial Study on December 9, 1999. The Initial Study for the proposed Mitigated Negative Declaration was circulated for a 30-day public review period through the State Clearinghouse beginning on December 15, 1999 and ending on January 14, 2000. Commentors to either the project description or the Initial Study, included: • Regional Water Quality Control Board, Santa Ana Region (RWQCB) • California Integrated Waste Management Board • County Department of Environmental Health Services - Local Enforcement Agency (LEA) • Two private individuals. The responses to comments were prepared specific to each letter received. In addition, the project description was expanded to more completely describe various components and operational characteristics of the facility. The Initial Study was amended to respond to issues raised by the commentors, including the addition of one mitigation measure related to odor control, and the modification of the checklist from "No Impact" to "Less than Significant Impact" for checklist items: • IV.c - Discharge to surface waters • X.a/b - pertaining to noise levels and generation of noise • XI.a - Fire Protection • XIII.c - Creation of light or glare. The revised project plans, Initial Study, and responses to comments, were cleared to the Planning Commission by E/DRC on February 3, 2000. The proposed conditions of approval reflect the comments and recommendations of the DRC as well as information provided by the LEA and the RWQCB (Attachment E & F). Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 6 Development Review Committee representatives from the Planning Division, Parks, Recreation and Community Services Department, Plan Check Division, Public Works Division, Fire Department, and Water Department—Yes; Police Department—No; Public Services Department and Economic Development Agency—abstained. FINDINGS AND ANALYSIS 1. Is the proposed use conditionally permitted within, and would not impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions.of this Development Code? Yes, pursuant to Development Code Section 19.06.030.2.P, an organic recycling, transfer facility for the collection, transfer, and marketing of green waste and other organic materials is permitted in the IH, Industrial Heavy land use district subject to approval of a Conditional Use Permit. The proposed project complies with all applicable provisions of the Development Code and General Plan as shown in Table A below: TABLE A - Development Code/General Plan Conformance CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Green waste Transfer Premitted subject to N/A Station Conditional Use Permit Height 31 feet maximum No Maximum No Maximum Setbacks - Front 20 feet 10 feet N/A - Side 14 feet 10 feet N/A Landscaping - Phases 1 & 2 - Total 30% (42,028 sq ft) 15% of the surface N/A parking area Lot Coverage 45% 75% N/A Parking - Standard 122 spaces 99 spaces N/A - Handicap 3 spaces 5 spaces 2. Is the proposed use consistent with the General Plan? Yes, General Plan Objective 1.33 states that it is the objective of the City of San Bernardino to: Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 7 "Provide for the continuation of development of heavy industries in locations where they will be compatible with and not adversely impact adjacent land uses". General Plan Policy 1.33.10, states that it is the Policy of the City of San Bernardino to: "Accommodate a diversity of heavy uses which are characterized by their large land utilization and physical facility requirements" The proposed project will promote and implement those General Plan policies through site design, landscaping and screening along the street frontage, conducting the operations in an enclosed transfer station, and being similar to existing and proposed heavy industrial uses in the immediate area. 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? Yes, an Initial study was prepared, public comments were received and responded to and a Mitigated Negative Declaration is proposed for this project. Mitigation measures have been included to mitigate impacts in the following areas: Earth Resources - Erosion Control Plan (Measure ER-1); and preparation of a Soils/Geotechnical Investigation to determine structural support qualities (Measure ER-2). Water - A site specific Drainage Study to determine specific facilities necessary to mitigate drainage impacts (Measure W-1).. Air Quality - Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust will include but not be limited to the use of best available control measures and reasonably available control measures. Installation of neutralizers, reoderizers, or deodorizers applied through the misting system within the transfer building are required to mitigate oder impacts. Hazards - A record of spills of petroleum products, and clean-up efforts shall be retained by the operator for inspection (Measure H-1). All specific mitigation measures are listed in Attchment E, Mitigation Monitoring and Reporting Program. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? Yes, all impacts can be mitigated and a Mitigated Negative Declaration is proposed for this project. All potential negative impacts are addressed with mitigation measures as specified in Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 8 Attachment E, which will reduce those impacts to less than significant levels. A Mitigation Monitoring/Reporting Program has also been prepared to correspond to mitigation measures recommended in the Initial Study. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? Yes, the applicant proposes to construct and operate a facility for the collection, transfer, bagging/warehousing and marketing of green waste and other organic material as described in the Project Description on Page 2, TABLE A - Development Code/General Plan Conformance, and Attachment E - Initial Study and Mitigation Monitoring/Reporting Program. No, the project will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the City. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable Development Code Standards as noted above in Table `A' and as described in Setting and Site Characteristics. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? All agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 9 CONCLUSION The proposal meets all necessary Findings of Fact for approval of Conditional Use Permit No. 99-17. RECOMMENDATION Staff recommends the Planning Commission: 1. Adopt the Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program; 2. Approve Conditional Use Permit No. 99-17 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, -I/K't I- ---- -XI) ' Michael E. Hays Director of Development Services (Joe lands Associate Planner Attachment A Location Map Attachment B Site Plan, Elevations, Landscape Plans Attachment C Conditions of Approval Attachment D Standard Requirements Attachment E Initial Study, Mitigation Monitoring and Reporting Plan, Response to comments Attachment F Regional Water Quality Control Board, - Santa Ana Region Response to final Initial Study Revisions, Alder Street Property Owners & Residence comments ATTACHMENT A [7LANSAN BERNARDINO PROJECT: CUP No. 99-17 NG DIVISION LOCATION MAP D USE DISTRIC TS HEARING DATE: 02/22/00 NORTH O � y site t LILAC P wr'f9 I e ' O ' I � � t ►wrrou, �� ATTACHMENT B g. � r n dy- let { / r x ----------- -_-...tee: 1 1 1 tz C ice' , Ey 4 83 , Y n ---------- -- 1 h-D US T R I A L -- -- '- PARKWAY � tqj 9� a i + i Isla Z "o El z � z an" a ��`;� a• as � �3� ;.i II 3 z e ycsy� � Z ! § � | � . k � � . . . — ] ; :% f\ ( , } } �� . � . . | . r �§ � \ � : � \ ( ( ^ �� �� � � � � � � U § � / � � ©x . � y \- § ) § � ~°j _ % \i � : ' � z � | � . � \� \ � � § � ��\ § � m t ! a:a � > § ±%/ 2 ] § � � � ��\ 3 � / _ � \ �/\ — z d � ��� � ) / _�\ } � �� [ � § ' _ \ � | § ® / \ ) mom« � � � ) � § ° -« a �� � � / \� % 3 - . - � o � . ' �\ . � � . �d �/ � I .£ _ �2 � �� | e= , � �` K � � § �» ■ � | �\ | _ \� �» . �\ , � �� , - . . �d � »} � _/ . � . - : . | zs | � z 2 =� § ! \ § § � § �\ \k _ €_ F '.y g� �3 i z z ! z � I � ..� � � w � � � � _ _ � F �j z iJ Z v' i - { l q � i � _ _ _ � - _ � _ , : _ ` � i f= _ � �j j i CU _ � � z �� =� - � � � - � �� � _ � � � � � -;� - � _ -_ O � E � � z i xa i _ � W r - i r i r-+ m z � _:, x -' � � � �� o f,. � � ;� � �a a �� �- h — — — _ z � �. ! .- � s.' __ ! I 4 — } 1 ! i — � a —_ =_— — � — - b -- - _ yy y 4 i y 7 ay : + _ � Q N ] G W S 1 a ° s N i L• i A v M W d v d v a n a i — __ -- ,�• ��$ iii .:.e 'P ='1 t� `f 2f e• �� ^�V P1 f: �1 V V 0 (Z o � avd c� A 0 0 tu 4 O u ~ 0 p °�' u (�na Conditional Use Permit No. 99-17 Meeting Date: February 22, 2000 Page 12 ATTACHMENT C CONDITIONS OF APPROVAL Conditional Use Permit No. 99-17 1. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Phasing of project construction/development shall be as follows: Project: Conditional Use Permit No. 99-17 Expiration Date: March 21, 2002 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 13 c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. The County of San Bernardino Environmental Health Services, Local Enforcement Agency (LEA), in consultation with the facility operator, may determine in the future that certain portions of this transfer facility are subject to the requirement of a Solid Waste Facility Permit (SWFP) and that the facility operator shall at that time, be immediately obligated to apply for and receive a SWFP in a diligent and timely manner, and shall be obligated to comply with all other applicable state and local permits and regulatory requirements that may be amended from time to time. 8. The design and operation of the facility shall use best available technology to ensure that the facility substantially adheres to the same State Minimum Standards that would apply to a Solid Waste Transfer Station/Processing Facility pursuant to 14 CCR Section 17406.1 et.seq. Enforcement of the applicable standards shall be the responsibility of the City of San Bernardino. Should the facility come under the jurisdiction of the Local Enforcement Agency through requirement of a Solid Waste Facility Permit, enforcement would then be the responsibility of the LEA. Conditional Use Permit No. 99-17 Meeting Date:February 22, 2000 Page 14 9. The facility operator shall be obligated to routinely clean-up spills of material, which are consistent with what is normally accepted at the facility, within a 100-foot radius of the perimeter of the site boundary. 10. The facility operator is required to pick up stray wind blown litter adjacent to the site on a daily basis to maintain the site in a clean, neat and orderly manner. 11. The applicant will be required to obtain separate Development Permit II approvals for Phases 3 &4, construction and operations. 12. When wind speeds exceed 35 miles per hour, or as needed, the applicant shall water down the landscape supply materials. *13. The applicant shall be required to comply with the Mitigation Monitoring and Reporting Program approved with the project. *14. The applicant shall be required to use the Palm Avenue exit for the Cal Bio-Mass trucks and obtain a haul route permit from the Public Works Division. *15. The applicant shall hydro-seed all undeveloped portions of the site and maintain the vegetation until that portion of the site is developed. 16. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Works Division b. Plan Check Division c. Fire Department d. Public Services Department e. Water Department f. Parks Recreation & Community Services Department *Amended per Planning Commission on 3/21/00. ATTACHMENT D STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: _CALIFORNIA LOCATION:—SOUTH OF INDUSTRIAL PKWY Bl0-MASS, INC. BETWEEN CABLE CREEK & DEVILS CREEK CHANNEL • NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Flood District. The developers Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the Department of Transportation and Flood Control if any work is required within the Flood Control District's right-of- way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) The development is located within Zone X (shaded) on the Federal Insurance Rate Maps and may be subject to sheet overflow to a depth of less than 1 foot in a 100 year storm; therefore all building pads shall be raised above the surrounding area as approved by the City Engineer. e) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. Page 1 of 9 Pages 211 12000 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: CALIFORNIA LOCATION:_SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK & DEVILS CREEK CHANNEL f) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. g) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. h) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than 1' or fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5,000 cubic yards of earthwork is proposed, a grading bon will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. Page 2 of 9 Pages 21112000 r" STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: CALIFORNIA LOCATION:_SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK & DEVILS CREEK CHANNEL C) If more than 1 ,000 cubic yards of earth �s to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. d) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). e) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. f) The Refuse Division shall approve the number and placement of refuse enclosures. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. h) This project is located in the "High Wind Area". Therefore, all free standing walls and fences shall be designed for a minimum wind load of 23 pounds per square foot of vertical surface, unless a lower value is approved by the City Engineer. Page 3 of 9 Pages 21112000 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: CALIFORNIA LOCATION:_SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK & DEVILS CREEK CHANNEL i) The on-site improvement plan shall irfclude details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. j) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. k) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. 1) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. m) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. Page 4 of 9 Pages 211 12000 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: _CALIFORNIA LOCATION:—SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK& DEVILS CREEK CHANNEL n) The public right-of-way, between-the property line and top of curb (also known as "parkway") along adjoining streets stall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. o) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of 200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. c) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. Page 5 of 9 Pages 211 12000 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-97 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: _CALIFORNIA LOCATION:_SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK& DEVILS CREEK CHANNEL d) This project is located in the sewer service, area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e) Utility services shall be placed underground and easements provided as required. f) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. g) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). h) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sever plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. Page 6 of 9 Pages 219 12000 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: CALIFORNIA LOCATION:_SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK& DEVILS CREEK CHANNEL 4. Street Improvement and Dedications a) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. 5. Required Engineering Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. C) Off-site improvements construction permit. 6. Applicable Engineering Fees'- a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost' of the off-site improvements. I All Fees are subject to change without notice. 2Estimated Construction Cost for Off-Site Improvements Is based on a list of standard unit prices on file with the Public Works Division. Page 7 of 9 Pages 21117000 r � STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: -CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: CALIFORNIA LOCATION:_SOUTH OF INDUSTRIAL PKWY BIO-MASS, INC. BETWEEN CABLE CREEK & DEVILS CREEK CHANNEL b) Plan check and inspection fees for' on-sitb improvements (except buildings - See Development Services-Building Division) --2% and 3%, respectively, of the estimated construction costa of the on-site improvements, including landscaping. c) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. d) This project is greater than 5 acres and has been determined the City Engineer to be eligible to pay the drainage fee at the large parcel rate; therefore, a drainage fee in the approximate amount of _ Based on Square Feet @ $0.419 per square foot for the first 3,000 square feet of impervious lot area (estimated as 85% of the net lot area), then $0.143 per square foot for each square foot over 3,000 square feet but less than 5 acres, and $0.044 per square foot for each square foot of impervious area over 5 acres. e) Traffic system fee in the estimated amount of $7,343.16 . Based on 440 trips per day @ $16.689 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. f) Sewer Connection fee in the approximate amount as follows based on $236.99 per 3,000 square feet or fraction thereof. 3 Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on rile with the Public Works Division. Page 8 of 9 Pages 211 12000 S TAND ARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 99-17 DESCRIPTION: _CONST. 60,000 S.F. GREEN WASTE TRANSFER FACILITY APPLICANT: _CALIFORNIA LOCATION:—SOUTH OF INDUSTRIAL PKWY B10-MASS, INC. BETWEEN CABLE CREEK & DEVILS CREEK CHANNEL 7. Additional Requirements - General a) The lack of vehicular/truck storage at the driveway approaches off Industrial Parkway is our main concern. The gates should remain open during business hours. b) The west side of Industrial Parkway adjacent to this development shall be posted "No Parking Any Time" to ensure that adequate sight distance is maintained for motorists egressing both driveway approaches if applicable. c) A W51 (Slow Truck Traffic) sign shall be installed at the northerly property line for southbound traffic on Industrial Parkway to warn motorists of slow trucks at the project driveways. Page 9 of 9 Pages 21112000 5 �a )CI COMMER CIA & IND USTRIAL B UILDINGS PLAN SUBMITTAL CHECKLIST December 9,1999 The following is a list of items required by the City of San Bernardino for commercial & industrial projects: CUP 99-17 Greenwaste Facility ) ) m -mSS « 1. Site plan with all standard conditions, Development Plan, or C.U.P. approvals. 2. Grading plan signed and grading permit issued by City Engineer. Plan must have the address (assigned by Engineering). Note: The grading permit requires a separate application submitted to Public Works/City Engineering. 3. Landscape drawings approved by Public Works/Engineering. Note: Landscape plans require a separate submittal to Public Works/City Engineering. 4. Fire Department approvals for all on-site improvements. Fire sprinkler plans must be submitted directly to the Fire Dept. for plan check, approval, & permit. Contact the Fire Marshals Office at 909-384-5388. 5. Title to property if permit is issued as Owner/Builder. A list of all sub- contractors must be submitted to the City Clerk's office. 6. All Contractors must have a current State License and a City Business Registration at time of permit issuance. The Contractor must furnish the information on the workers' compensation carrier & policy number at the time of permit issuance. The City does not keep certificates on file. 7. A receipt from the applicable school district. San Bernardino Unified is located at 777 N. F St. phone 909-381-1238. 8. Sewer capacity fee receipt from the City of San Bernardino Water `h Department located on the 5floor. Contact Neil Thompson/909-384-5093. r 9. Additional Impact fees will be assessed by Public Works or resolution/ordinance and payable on the building permit for: a. Sewer connection b. Storm drain c. Traffic system d. Verdemont Infrastructure (if applicable) e. Cultural development fees f. State of California strong motion fee (0.00021 x valuation) g. Planning Department zoning verification 10. Certain Occupancy classifications (i.e. Restaurants, Service Stations, Factories, etc.) may require additional clearances and approvals from other agencies: (list is not all inclusive) a. County Health Department 909-387-3043 b. South Coast Air Quality Management District 909-396-2000 C. Water Reclamation 909-384-5141 11. If project requires a Parcel Map, it must include: a. The assessors parcel number for each developed lot and the required setbacks. b. Address & sequence list for multi-tenant projects 12. The City, of San Bernardino has adopted the 1997 model codes as amended by the 1998 California codes. Plan checks are valid for 1 year from the date of submittal. Each phase should be submitted separately. There will be a separate permit issued for each building but the plan submittal can be collated per phase. PLAN CHECK SUBMITTAL: a. 4 complete sets of plans, drawn to scale (minimum 18" x 24") (5 sets are required for expeditious review) b. 2 sets energy calculations C. 2 sets signed/stamped engineering d. 2 sets of signed/stamped truss calculations e. 1 copy of soils report f. 2 copies of reports/approvals of any specialty equipment g. 4 copies of C.U.P., DPI,& DPII conditions of approval h. A signed Air Quality Permit Checklist (required by AQMD.) i. Call plan check (909-384-5071) for the amount of the plan check deposit. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 5-6 WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS 10-15 WORKING DAYS. CITY OF SAN BERNARDINO FIRE DES .ARTMENT P ✓� STANDARD REQUIREMENTS Case: % / Date: Re�e By: GENERAL REQUIREMENTS: ❑ Provide one additional set of construction plans to Building and Safety for Fire De tment use at time of plan check. ❑ Contact the City of San Bernardino Fire Department at (909) 384-5388 for specific detailed requirements. ❑ The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based on square footage, cons on featur and exposure information supplied by the developer and must be available ri r to placing combustible materials on site. / WATER PURVEYOR OR FIRE PROTECTION: C The fire protection water service for the area of this project is provided by: ❑ San Bernardino Municipal Water Department - Engineering (909) 384-5391 East Valley Water District - Engineering (909) 888-8986 Other Water Purveyor: Phone: tvBLIC FIRE PROTECTION FACILITIES: Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ❑ Fire flow requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed appropriate by the Fire Department, based on individual site specific conditions and available mitigations. ❑ Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. ❑ Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be -nstalled by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: ❑ Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. ❑ Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unobstructed width. ❑ Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ❑ Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. ❑ Provide "NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE-NO PARKING - M.C. Sec 15.16". ❑ Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. ❑ The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: All access roads and streets are to be constructed and usable prior to combustible construction. Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within. 40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2'/2 inch and 4 inch outlet, and approved by the Fire Department. Fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, re stripe for 15 feet in each direct'o in front-of the hydrant in such a manner that it will not be blocked by parked vehicles. / ��� 4VAddress c� Address ss numerals shall be installed on the building at the front or other approved location in such a manner as to be visible fro the frontage street. Commercial and multi family address numerals shall be 6 inches tall, single family address numerals shall be 4 inches tall. The colcr of the numerals shall contrast with the color of the background. ❑ Identify each gas and electric meter with the number of the unit it serves. Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. ❑ Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels (motels) three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. ttV All buildings, other than residential, over 5,000 square feet,_shall bee ui ed with ap automatic Jire�prin le r�yster�designed to NFPA standards. This includes existing buildings vacant over 365 days. _77s�d- ", /,�� C, �1 G;4 f S C Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. ❑ Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. EI Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to start of installation. EI Fire Department connection to (sprinkler system standpipe system) shall be required at Fire Department approved location. Note: T ' applicant must request, in writWg, any changes to Fire Department requirements. ADDIT NAL INFOR . /L - 7 `L FPB 170 111-941 NARDr�OCf CITY OF SAN BERNARDINO '~ PUBLIC SERVICft DEPARTMENT c REFUSE 8 RECYCLING DIVISION i 300 North'0'Street, 46'Floor a San Bemardino, CA 91418-0001 (909)384-5335 s•° DG�DED IN STANDARD DEVELOPMENT REQUIREMENTS PROJECT IDENTIFICATION rt q p Project Number w P r q� - Meeting Date � p Property� Address l�Qd�S"c�G �r.�:,u,2.1-l.�ac-v ��W �KJ-e��►.- IJ2Ui I W.2k aQN►u..Q 4 I . Project Planner no Reviewed by L yyn A virc i CONDITIONS(Applicable if checked): Commercial Refuse d Recycling Services I �1. Applicant to establish commercial refuse enclosure according to City Standard No. 508 with a length of 1 and a width of I 02. Applicant shall place commercial refuse enclosure in a location easily accessible for proper refuse truck pick-up and without obstruction to drive aisles, driveways, loading zones, parking, etc. Location and orientation of j enclosure and gates shall be as shown on plans. I � i 3. Applicant shall establish City commercial refuse service at the following minimum level: So� 41574"d � i Refuse Bin 8lze cubic yards) Pfcku Frequency Rec cling Bin Slze cubic yards) Picku Frequency Bin Compactor de H/n Can or da s4vk i 1 10 1 1 10 1 i 1.5 15 2 1.S 15 2 f 2 20 3 2 20 3 3 30 4 30 4 4 35 5 4 35 5 i 6 40 6 6 4D 6 I 1�4. Applicant shall install compactor(s) as shown on plans. Compactor configuration shall meet City Standard No.510,a copy of which is attached. t �b. Applicant shall complete a Service Application prior to issuance of final Certificate of Occupancy. Application number is attached and must be returned to the Public Services Department. �6. Applicant shall contact ' 1 0 .�� with the Public Services Refuse and Recycling ' Division at(909) 3845549 exL S1(4,�_to establish a commercial recycling program prior to issuance of final Certificate of Occupancy. Residential Refuse 6 Recycling Services -N-k1. Residential refuse and recyc&ng services to be provided by City of San Bemardino. Collection day is . City shall provide one set of refuse and recycling carts to each single family residential unit OR one set to every two-unit multiple family unit up to six total units. Al, Each residential lot shall have a 3'x9'concrete pad located out of view of public right of way for storage of three automated containers and shall have a concrete path of travel from storage pad to curb. Minimum gate widths shall be 3 feet. .-1k3. Applicant must provide adequate space for residential trash collection at curb by refuse trucks. i Ad�bona!CondYtions: 11 No QcfJTE Wr405,4 1410P,110 A)0 77) AJanu(_r CF 1j✓J14J( r �J��rn�a sFM�( f57aQus1/ G<J-r�q� /10cC off sblwlE l.�rrrl r7,7y l •� R. • i i Signature Date AQyl1Can-%Vhi[e/M41nnin -Greea/9M-Yellow/ Version LU(rev.7/99) � R9cydinr-Pink/Fj12-Golden Rod � (Fdename:FURM 98mh-rev.] j I • -'� �- -7 . (_ e_,"C 4'r— i . .---/t, .4 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS Review of Plans "k " # ��'"/ Date Compiled: Owner/Developer: ,'•!Z'. Ci" ,/,- i = - = mpiled By: Type of Proje�ctt:�,��� ;��' �1;I�" 1,C�E' _ �// _��/l- Number of Units: nL Locatlo f zz— l��.�+ Y�t>�1��A[ �Y � T— WATER DEPARTI<IENT ENCINEE IN Contact: Z-1 L L 71-)`z -��,r-� Phone: Fax: 1r; - j =3L Note: All Water Services are Subject to the Rules & Regulations of the Water Department. I; "Size of Main Adjacent the Project: zt VJ t6� Approximate Water Pressure: Elevation of Water Storage: /9•2,0 Hydrant Flow® 20 psi: ❑ Type, Size, Location, and Distance to Nearest Fire Hydrant: ❑ Pressure Regulator Required on Customer's Side on the Meter. ❑ Off-site Water Facilities Required. ❑ Area Not Served by San Bernardino Municipal Water Department. ❑ Comments: WATER QUALI'F'Y CQNTROL: / Contact: �'1L1 �-F�-iZC r,7A- Phone: 'i Fax: 31.x/ *R.P.P. Backflow Device Required at Service Connection. CDpMOGTI G Double Check Backflow Device Required at Service Connectioty�1��-�-I��� �Backflow Device to be Inspected Before Water Service can be Activated. ❑ No Backflow Device Required at This Time. ENVIRONMENTAL CONT�OL/INDUSTRIAL WASTE: Contact: Phone: �' S'3 Fax: t—': Note: No Brine Regenerative Wate)Softeners May be Installed, Unless Holding aril Hauling is Provided for the Brine. All Interceptors Xlrklustrial will be a 1200 Gallon Capacity with a Sample Box Included. Waste Peniut Required.❑ Grease Interceptor Required. ❑ Sand/Oil Interceptor Required. ❑ No Issues at this Time. • Pre-treatment Required. SEWER CAPACITY INFORMATION: Contact: [I t. M Phone: � jG h -3 i - r Fax: 31?4 -7 Z/ I Note: Proof of Payment Must be Stlbnt tted to the Building&Safety Department Prior to Issuance of the Building Permit. ❑ No Sewer Capacity Fee Applicable at This Time. ,Sewer Capacity Fee Must Be Paid to the Water Department for .SSq Gallons Per Day, Equivalent Dwelling Units:��.R 7 XSubject to Recalculation of Fee Prior to the Issuance of Building Permit. Breakdown of Estuttated Gallons Per Day: 1$C. _ � � �7rx� S X 10 ' S'MR[QU13.FRM I'_971 �I a,v 1 N g�(J V,f ,O I q4 CITY OF SAN BERNARDINO PARRS, RECREATION & COMMUNITY SERVICES DEPARTMENT STANDARD REQUIREMENTS C " e Case• 67,�7 - Date: Reviewed By: GENERAT. REQUIREMENTS: [ I Commercial Industrial and Multi-Unit (/ l Assessment District [ ] Residential [ l Purpose, Guidelines and submittal procedure rl Irrigation and Landscaping Plans. ] Contact the City of San Bernardino Parks,Recreation and Community Services Department at (909) 384-5217 or 384-5314 for specific detailed requirements. SPECIFIC REQUIREMENTS: [ ] Maintenance of landscape areas [ Planter Areas ] Interior Planter Areas [ ] Irrigation Systems [ ] Setback Areas [ l Slope Areas [ Ground Cover and Bedding Material ] Erosion Control ( ] Weed Control PLANT MATERIALS [�] Plant list and climatic conditions l� Street Trees ( VS Plant Material Size Requirements and Ratios INSPECTION AND OTHER REQUIRRKENTS [�] Irrigation System [f(] Landscaping [ ] Hardscape Items [X] Street tree Specifications t ] Arborist Report [ ] Removal or destruction of trees [1k] Screening Requirement (City, Dev.Code) Note: The applicant must request, in writing, any changes to the Parks, Recreation and Community Services requirements. Additional information - 7- s v Gi %c T-- S MS:jj ATTACHMENT E CITY OF SAN BERNARDINO REVISED INITIAL STUDY WITH RESPONSES TO COMMENTS Conditional Use Permit No. 99-17 PROJECT DESCRIPTION/LOCATION: Conditional Use Permit No. 99-17 is a request to establish a green waste transfer facility. The plan includes up to 60,600 square feet of warehouse and office space. Materials accepted at the site for transfer include curbside green waste, wood materials, food waste, and commercial landscape waste. Finished materials (mulch and other soil amendments) will be brought back to the facility for bagging, warehousing and distribution. The site is located on the west side of Industrial Parkway between Palm Avenue and University Parkway, in the IH, Industrial Heavy, land use district. DATE: January 31, 1999 PREPARED FOR CALIFORNIA Bio-Mass, Inc. 10397 Alder Avenue Bloomington CA 92316 PREPARED BY LILBURN CORPORATION 1905 Business Center Drive San Bernardino CA 92408 REVIEWED BY Independently reviewed, analyzed and exercised judgement in making the determination, by the Environmental Review Committee on December 9, 1999, pursuant to Section 21082 of the California Environmental Quality Act (CEQA) City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY PROJECT DESCRIPTION The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: CALIFORNIA Bio-Mass, Inc., a facility for the collection, transfer, and marketing of green waste and other organic materials. 2. Lead Agency Name: City of San Bernardino Department of Planning and Building Services Address: 300 North "D" Street, San Bernardino CA 92418 3. Contact Person: Valerie Ross Phone Number: (909) 384-5057 4. Project Location (Address/Nearest cross-streets): The project site is approximately 10.28 acres located on the west side of Industrial Parkway,northerly of University Parkway. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek. Figure 1 shows the project location. 5. Project Sponsor: David Hardy and Michael Hardy, California Bio-Mass Inc. Address: 10397 Alder Avenue Bloomington, CA 92316 6. General Plan Designation: IH (Heavy Industrial) 7. Description of Project(Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets, if necessary): Figure 2 shows the site plan of proposed uses. California Bio-Mass Inc. proposes to construct and operate a facility for the collection, transfer,bagging/warehousing and marketing of green waste and other organic material in the City of San Bernardino. Material collected for transfer include green waste,wood waste, wallboard,paper,pre- and post-consumer food waste, and liquid food wastes. The transfer building will have a capacity of 500 tons per day. The average daily operation will process approximately 300 tons per day. The excess capacity will allow flexibility due to emergencies and unusual peak load periods. All material is transferred to another site for processing within 48 hours of arrival on-site. Finished organic products will be brought back to the site for bagging,warehousing, and distribution, and bulk sales. Material available for bulk sales is approximately 200 cubic yards, total at any given time. All transfer and bagging operations are conducted within an enclosed building. Some pre-bagging product mixing occurs outdoors near the canopy, located immediately west of the warehouse/bagging plant. G:/Project/514.00/IS.site2/January 28,2000 IS-1 ANd iS83AINn m P-4 14 a W Lexington Way U UO NO'Sa-4410 0 332/O 71�3Q H"� F+ GPeLE Q� �v 2 N J� \tea be bbd 4 z® W IS-2 or O Cl Ord gill HE H 91 M H I i I,- z IRF M t _,A Et. x ? A V A N N V d 7 V I H 1 9 A a, N i ----------- 1 0 ------------ Qx 91 1-4 w IS-3 C b F °r3 u L z a o I w � a w H I ' c z ILL H R I I 9 77-1_ I _ 7 hi I J y� y 3 r k a IS-4 > n o o O � ) w w w x w � U z k c �a t _ x i - s -- 1b W a IS-5 Z W® ® � © F1 0 e. Ni AVMxavd I v I d i -n a- 0 0 0 0 1V ----------- ----------- .0 IS-6 ...rte. I i � e 1 � gCg 1 j Jill ' ;\ y s z / J1-do / ' / IS-7 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Proposed site improvements and facility operation will be developed in four phases as described below: PHASE ONE: An 8,400 square foot transfer building; scale and fueling area; and the landscape supply sales area. Phase One will include approximately 70,000 square feet of pavement, all perimeter landscaping and fencing, concrete containment areas for both fuel storage and liquid food waste storage areas, and infrastructure associated with the phase one operations. Construction anticipated in Spring 2000. Following completion of Phase One operations on the site will primarily include the collection and transfer of greenwaste material collected form residential curbside, wood materials, food collected from commercial and industrial sources and commercial landscape wastes, with the ability to fuel vehicles on-site and provide for bulk landscape material sales. PHASE TWO: A 2,700 square foot office building; a 4,000 square foot maintenance building, and additional parking will be added. Phase two will include approximately 25,000 square feet of additional pavement for parking and maneuvering. Phase Two will begin immediately upon completion of Phase One, Summer 2000. The completion of Phase Two will allow all corporate office functions to occur at the site, along with vehicle maintenance functions. PHASE THREE: Beginning at the conclusion of Phase Two (approximately Fall of 2000), Phase Three consists of a 36,000 square foot warehouse and bagging plant; and a 7,500 square foot canopy and concrete pad which is used in conjunction with the bagging plant. Phase Three will include approximately 40,000 square feet of additional site pavement required for parking and on-site circulation. The completion of Phase Three will add the capability for mixing of specialty product, bagging of finished product, and warehousing of finished/bagged material ready for distribution. PHASE FOUR: Starting time will be determined based on future need. Phase Four consists of a 6,000 square foot addition to the transfer building, and a 54,000 square foot addition to the warehouse and bagging plant,and paving of the remainder of the site,for a total of 137,000 square fee of paved area. Phase Four will also include development of rail spurs, for rail loadout capability. Construction of all structures will be of prefabricated metal on a concrete slab, and all building will be equipped with fire sprinklers. The site plan and building elevations are reflected in Figures 2 and 3. The northerly portion of the site will be used for marketing and sales of organic product and related landscape materials, primarily marketed to the commercial landscape companies that deliver landscape greenwaste to the facility. Approximately 200 cubic yards of landscape material such as mulch, bark, sand/gravel and similar items will be stored in concrete block bins for retail sale. The site will be landscaped along Industrial Parkway to screen views of the on-site activity from the street, and to enhance the developing streetscape. Proposed landscape plans are reflected on Figure 4. The materials accepted include green waste as defined by the California Integrated Waste Management Board (CIMWB) includes, grass, leaves, wood, vegetables and fruit, food scrap and liquid food residuals, and paper products. Feed stocks and produce waste will include grease trap,food scrap waste and other liquid food residuals from food processing, particularly from restaurants and grocery stores. The site will not accept raw meats or fishery waste. Raw meat may be present in some G:/Project/514.00/IS.siteManuary 28,2000 IS-8 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY restaurant loads, however, the proportions are very small in comparison to the overall load and the result is insignificant. The facility will accept source-separated scraps of wood and drywall scrap from new construction sites only. The retail component of the project includes sale of processed wood material to industrial customers,bagged mulch, and sand and gravel. The liquid food waste arrives by tanker/pumper trucks and are immediately transferred directly to tanker trucks which are kept on-site specifically for this purpose. Once an on-site tanker truck is full, liquid waste is transferred to the compost facility. The tanker truck will remove liquid waste from the site no less than once per 24-hour period. The tanker is rinsed out at the time of delivery at the compost facility. The source of the liquid waste (typically restaurants) are under County EHS requirements to remove this material from the site on a routine basis. As a result, the liquid waste is delivered from the source, to the transfer station, and on to the compost site, all in less than 48 hours. Therefore the risk of inadvertent fermentation and/or composting of such material is minimized. Other loads which have excessive moisture content(commingled organics) consisting of food scraps and paper with excessive moisture (also typically derived from restaurants) will be deposited on the tipping floor within the transfer building. These loads will be further commingled on the tipping floor with green waste, which acts as a natural absorbent of the material as it is loaded in the transfer truck. All material that is intended for transfer to the compost site arrives at the facility as source-separated material. Material arrives from curbside greenwaste collection, commercial landscape waste,food waste from commercial and industrial sources, and wood and drywall scraps from new construction. Green waste,food scraps and paper(commingled organics)are commingled on the tipping floor as material is loaded for transfer. Other items, such as large pieces of wood, the drywall and the liquid wastes, remain segregated at from the material on the tipping floor. Based on operations at existing CBMfacilities, CBM experiences approximately 3%residual waste overall, which is well below the 10%maximum allowable. Primary access to the facility will be from the most northerly driveway. Vehicles will enter the site and advance to the scale. Up to 50 commercial vehicles may enter the site on a peak day, queuing of up to 5 vehicles at one time is provided between the entrance gate and the scale. Queuing will not occur off-site, ensuring that vehicular movement along Industrial Parkway will not be impaired. Approximately 50%of the commercial vehicles entering the facility will contain loads generated and collected within the City of San Bernardino. The site is generally triangular in shape and use of the site is divided into three basic components, generally described as the sales area for landscape materials,the transfer and maintenance operations, and the warehouse and shipping operations. These sections are delineated on the Site Plan, Figure 2, and generally described below: G1ProjecV514.00/IS.site2/January 28,2000 IS-9 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Materials Received Weigh/Log In Upon arrival at the site, all trucks will be weighed and logged in; a ticket for each vehicle will be generated. Trucks include private vehicles (pickups) and commercial vehicles (refuse collection trucks,roll-off trucks and commercial landscape vehicles). The ticket will serve as an invoice for the tipping fee and to document the daily flow of material and types of material into the facility. The tickets will also be used as a basis for developing marketing plans as well as planning for future capacity and systems changes, such as additional equipment and employees. Rejection of Loads Once a vehicle enters the transfer building,a preliminary load inspection will be made of the material prior to being dumped onto the floor. A load can be rejected if there is a high level of contaminants. Contaminates include,but are not limited to,rocks,dirt,metal, glass,plastics,and excess trash. Loads containing a high percentage of these contaminates will be rejected. In such a case, the ticket will be marked and the vehicle will be directed out of the facility. Rejected loads will typically be directed to a sanitary landfill for disposal. The operator maintains a record of all rejected loads, including the vehicle license number. In some cases such rejected loads can be traced to episodes of illegal dumping in the vicinity of the site. In the event that some of these contaminates are not initially identified, the facility will maintain bins for recycling, and 40-foot roll-off containers for trash . Loads that are dumped onto the floor and subsequently rejected will be loaded into roll-off bins and removed in no less than 24 hours. Trash includes materials that can not be composted or recycled such as styrofoam cups. Trash will be collected, stored and removed on a weekly basis. If household hazardous material is found, the material will be isolated and stored in a secure hazardous materials storage shed, and the hazardous waste hauler will be notified. All bins and storage of trash and hazardous material are maintained on a concrete pad/containment area. The hazardous waste hauler(licensed in the State of California)will be summoned to remove and properly dispose of the material within 90 days as required by law. CBM uses Advanced Environmental of Fontana for hazardous waste removal at all of its facilities. (The EPA hazardous waste generator number for this facility is CAL000153676.) In addition, each waste hauler shall sign an agreement substantiating acceptance of responsibility for removal of Household Hazardous Waste. Acceptance of Loads Accepted loads will be directed to the tipping floor within the transfer building. The load will then be tipped(dumped out of the vehicle in a designated area of the floor), hand inspected and a secondary sweep of contaminates will be made. The primary focus of a sweep is to identify any glass or other contaminants to the green waste that has been inadvertently mixed with green material. The types of material received for transfer are described below. Types of Materials Received for Transfer: The transfer station has the capacity to process up to 500 tons of material per day and will be limited to organic recyclables. The average daily processing will G:/Project/514.00/1S.siteManuary 28.2000 IS-10 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY be approximately 300 tons. No material received for transfer will remain on-site(on the tipping floor) for longer than 24 hours, liquid food wastes are collected within tankers located within specialized containment areas and are transferred off-site at least oncein every 24-hour period. In the event of an emergency or special occurrence which would necessitate material remaining on the transferfloor for longer than 24 hours, the operator would notify the City of the circumstances surrounding the special occurrence and remedy the situation within 48 hours. Remedies may include diverting deliveries either directly to the compost site or directly to the County landfill. Table 1 Materials Received or Transfer Waste Material Percentage of Material Received— Approximate Tonnage Per Day Green waste and wood 60%-300 tons Food Scraps and Paper 20%- 100 tons Liquid food wastes 10%-50 tons Drywall 10%-50 tons Note: These tonnages are approximate, based on a maximum of 500 tons of organic recyclables per day, that could be collected and transferred through the facility. Wood: Wood waste typically consists of source-separated clean dry wood/lumber from pallet companies, new construction sites, lumber yards and furniture manufacturers. All wood loads are screened for the presence of treated or stained material. Wood from demolition sites is not accepted due the potential for the presence of residues, stains and paints on the wood material. Liquid Food Waste: Liquid feed stocks, including restaurant grease trap material,potato peelings, and whey from dairies, will be brought in by tanker truck and directly pumped into a tanker available on- site. Two tankers will be on-site,one will be filled as material arrives,and once filled will depart for transfer to the compost facility. A second tanker will be on-site for stand-by situations and when the full-tanker is on a delivery to the compost facility. The liquid wastes will no be mixed with other greenwaste material on the tipping floor. The liquid food waste tankers will depart from the site at least once in each 24-hour period. All liquid waste haulers (pumpers) are licensed by EHS, and are required to complete a pre- qualification questionnaire which identifies all potential wastes that will be delivered, the chemical constituents of those wastes, along with the company name, and EHS license number and other pertinent details related to the hauler. Each time a delivery is made to the site the pumper provides a manifest which identifies what is being hauled in this specific load. The manifest is attached to the transaction that records each delivery in the record-keeping system. In this manner, the quality of G:/Project/514.00,'IS.siteWanuary 28,2000 IS-11 Aft; R CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY each load is identified and tracked for proper quality assurance. These and all other records that are routinely kept to track all activities at the site, would be available for inspection by the City Public Services and Development Services Departments or the LEA, upon request. Curbside Green Waste: Typically includes grass, leaves, and branches from trees and shrub pruning collected by the commercial waste haulers in the local communities. Commercial Landscape Material: Consists of larger woody material such as large scale tree trimmings and stumps, mixed with green waste which is typically generated by landscape contractors and gardeners. Commingled Food Scraps and Paper Waste (Commingled Organics): Consists offruit and vegetable residue from food preparation collected from restaurants. Food scraps are typically commingled with wastepaper products at the source of collection. The following items will NOT be accepted at any time at this facility: Raw meats, fishery waste, sewer sludge, animal waste(manure)or dead animals,hazardous materials, hot or burning wastes,painted wood, or explosives. Material Sold as Landscape Supplies End products that are processed off-site at other facilities will be available for on-site sales, including ground cover and decorative bark, mulch, and other soil amendments, as well as sand and gravel. These materials will be accessible in the finish product bins(see Figure 2). The public will be able to access the bins, load the desired amount of material,then pay at the office. Approximately 200 cubic yards of bulk material will be available on-site at any given time. All material available for sale is stabilized finished products and soul amendments. No composting(anaerobic activity)will occur at this facility. Operational Characteristics All material received at this facility will be sent to compost facilities with valid Solid Waste Facility permits. The compost facilities operated by California Bio-Mass include Coachella Valley(Thermal) and Victorville. The removal of trash from the tipping floor is deposited into covered bins, which are provided under contract with each commercial waste haulers. Each commercial hauler empties its respective bin at least twice per week, more often if needed,for disposal at the County landfill. The maximum waste j residual permitted for a greenwaste collection facility is 10016, based on current operations at other facilities, CBM typically experiences approximately 3%residual waste overall. 'j Waste collected from restaurants, both liquid food waste, and food scraps, must be collected from the source daily in accordance with County Environmental Health standards and regulations. Therefore G:/Project/514.00/1S.site2/lanuary 28,2000 IS-12 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY the waste will be delivered to the facility on a daily basis. The liquid food waste which is collected and transferred by tanker trucks, remain on-site until the tanker is full, or a maximum of 24-hours. The commingled food scraps and paper are mixed with green waste on the tipping floor and loaded daily in to the transfer truck for removal to the compost facility. The material deposited within the transfer building would typically remain no longer than 24-hours. Table I shows the days and hours of operation of California Bio-Mass Inc. The facility will be open to the public 7 a.m.to 5:30 p.m. Monday through Saturday. Operational activities may occur 24-hours per day,including site and vehicle maintenance and material loading and transfer, along with bagging and loading activities conducted within the warehouse. Table 2 Hours/Days of Site Activities Hours Days/Week Notes Public Access lam to M-S Closed Sundays/holidays 5:30 m Operational Activities 24 hours Daily Maintenance of facilities and delivery/transfer of product may occur on weekends and prior/after public hours Source:Califomia Bio-Mass.,Inc., 1999. The transfer building will be designed, constructed and operated with public safety in mind. Spotters will direct traffic as they enter the transfer building and direct the hauler to a position to unload on the tipping floor. All operations will be monitored by trained staff and personnel to ensure safety of both employees and customers to the site. All transfer operations will occur within the enclosed transfer building, which will be installed with automatic misters to control fugitive dust and odor generated from loads and activity on the tipping floor. At no time will greenwaste or other commingled organics of any kind be stored outdoors. All commercial vehicles and transfer trucks will be tarped prior to travel on public streets. The operator will supply load cover requirements to all other customers to encourage compliance with City and State regulations. Typical equipment required at the site include the following: Table 3 Equipment Used on Site _Quantity Equipment Capacity 2 Fork Lifts NA 1 Water Truck 2,000 gallons per day 2 Front-end loader N/A 8 Transfer truck and trailer 600 ton capacity Note: Transfer truck is used to haul green waste to Bio-Mass composting facility in Coachella or Victorville.Finished products such as mulch and soil amendments will be back-hauled to the San Bernardino facility for sale to landscapers who typically dispose of green waste at the facility. G:/Project/514.00/IS.siteManuary 28,2000 IS-13 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The design of the site and the proposed methods of operation are intended to prevent stormwater from coming in contact with spillage of waste material. Both the fuel storage tanks and the liquid food waste tankers are located within concrete containment areas which are designed to control I10%of the tank capacity in the event of any spill. As such this material will be prevented from coming in contact with storm water. The tipping floor will be cleaned at the end of each shift using dry methods such as daily sweeping and commercial street sweepers. Transfer trucks, tankers and collection truck will not be washed at this facility at any time. The transfer trucks and tankers are rinsed/washed at the compost site at the time the material is transferred and unloaded. The collection vehicles are cleaned by the respective haulers at their own corporate yards. Water is not necessary for dust control purposes during operations; all on-site circulation routes are paved surfaces, and the tipping of material occurs within an enclosed building, which contains an interior misting system. The future potential for rail use at the site would be exclusively for the delivery of product that is to be packaged at the bagging plant. Packaged material will be removed from the site by truck, and there would be no change in the operations related to the transfer station. 8. Surrounding Land Uses and Setting: The site is situated on the west side of Industrial Parkway,northerly of University Parkway(see Figure 1). The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek. Industrial Parkway is a heavy industrial corridor which lies between Interstate 215 on the east and Cajon Boulevard (Route 66) and the BNSF railroad on the west. The highways serve as a buffer between the heavy industrial zone and residential land uses which occur both westerly of I-215 and easterly of Cajon Boulevard. Table 3 shows the land use designations and current land uses in the vicinity of the project site. Table 4 Existing Land Uses and Land Use Designations for Areas Immediately Adjacent to the Proposed California Bio-Mass Project Location Land Use Designation Land Uses North IH/FC San Bernardino Steel South IL/FC Vacant East IH Vacant West IH Vacant Source: City of San Bernardino General Plan, 1989;site visit. Single-family residences are located within 1,000 feet of the site both easterly and westerly. Residential neighborhoods are located easterly of I-215 along Kendall Drive (900 feet from the site boundary), as well as westerly of BN/SF rail line and Cajon Boulevard in the Muscoy and Cimarron Ranch area (800 feet from the site boundary). Cimarron Ranch is an existing residential development consisting G:/Project/514.00/IS.site2/January 28,2000 IS-14 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY of 384 homes. Regional transportation corridors (including the 1-215, SR-66 and BNSF rail)separate all residential areas from the site which serve to reduce any impacts from this facility. 9. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): The following permits will be required for construction and/or operation of the proposed project: • Grading and Building permits from the City of San Bernardino Planning and Building Services Department • National Pollution Discharge Elimination System (NPDES) Permit from the Regional Water Quality Control Board(RWQCB), Santa Ana Region • Under the present project description and State regulations, the LEA has determined that a Solid Waste Facility Permit(SWFP)is not required. However, should either modifications to the project operations, or amendments to state regulations change, the LEA has the ability to monitor the operation and in consultation with the facility operator, determine whether a SWFP would be required based on changing operational or regulatory conditions. • When or if a SWFP becomes necessary for this facility as determined by the LEA,the City of San Bernardino would amend their Solid Waste Management Plan Non-disposal Facility Element to include this facility. G/Project/514.00/1Ssite2/January 28.2000 IS-15 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. El Land Use and Planning 0 Transportation/Circulation Public Services 11 Population and Housing El Biological Resources El Utilities and Service Systems FRI Geological El Energy and Mineral Resources ❑ Aesthetics ❑x Water ❑x Hazards O Cultural Resources E] Air Quality El Noise 0 Recreation Mandatory Findings of Significance Determination. On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That the proposed project COULD NOT have a significant effect on the environment, and 0 a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment,there El will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment,there ❑ WILL NOT be a significant effect in this case because all potentially significant effects(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date Printed Name G:/Project/514.00/1S.siteManuary 28,2000 IS-16 at.rtt�rra.w CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as 0 ❑ ❑ El designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District ❑ ❑ ❑ O as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? C) Development within Foothill Fire Zones ❑ O ❑ A & B, or C as identified on the Land Use Districts Zoning Map? d Other? El ❑ ❑ x❑ II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing(including ❑ ❑ ❑ D affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for ❑ ❑ ❑ x❑ additional housing based on the proposed use and evaluation of project size? C) Induce substantial growth in an area ❑ ❑ ❑ D either directly or indirectly(e.g., through projects in an undeveloped area or an extension of major infrastructure)? G:/Project/514.00/IS.site2/lanuary 28,2000 IS-17 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. EARTH RESOURCES: Will the proposal result in: a) Earth movement(cut and/or fill) on ❑ ❑ ❑ p slopes of 15% or more based on information contained in the Preliminary Project Description Form No. D? b) Development and/or grading on a slope ❑ ❑ ❑ greater than 15%natural grade based on review of General Plan HMOD map? C) Erosion, dust or unstable soil conditions ❑ El ❑ ❑ from excavation, grading or fill? d) Development within the Alquist-Priolo ❑ D ❑ ❑ Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or ❑ ❑ ❑ O physical feature based on field review? f) Development within areas defined as ❑ El ❑ ❑ having high potential for water or wind erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or river ❑ ❑ ❑ p based on a field review or review of USGS Topographic Map (Name) San Bernardino. South. h) Development within an area subject to ❑ ❑ ❑ p landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? G:/Project/514.00/IS.siteManuary 28,2000 IS-18 Aw- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact i) Development within an area subject to 0 0 0 El liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the Cit 's General Plan? Other? 0 0 0 0 IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage ❑ 0 ❑ patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or 0 ❑ ❑ flow of flood waters based on consultation with Public Works staff. C) Discharge into surface waters or any 0 ❑ ❑ alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of 0 ❑ ❑ D ground water? e) Exposure of people or property to flood ❑ 0 ❑ ❑ hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map 06071 C7940F and Section 16.0-Flooding, Figure 62, of the City's General Plan? f) Other? ❑ ❑ ❑ D G:/Project/514.00/IS.siteManuaq•28,2000 IS-19 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or ❑ O ❑ ❑ contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b Expose sensitive receptors to pollutants? ❑ ❑ ❑x ❑ C) Alter air movement, moisture, or ❑ ❑ ❑ 0 temperature, or cause any change in climate? d) Create objectionable odors based on ❑ 0 ❑ ❑ information contained in the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION. Could the proposal result in: a) A significant increase in traffic volumes ❑ ❑ ❑x ❑ on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of ❑ ❑ ❑ El circulation? C) A disjointed pattern of roadway ❑ ❑ ❑ O improvements? d Impact to rail or air traffic? ❑ ❑ ❑ 0 e) Insufficient parking capacity on-site or ❑ ❑ ❑ 0 off-site based on the requirements in Chapter 19.24 of the Development Code? G:/Project/514.00/IS.siteManuary 28,2000 IS-20 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Increased safety hazards to vehicles, ❑ ❑ ❑ O bicyclists or pedestrians? g) Conflict with adopted policies ❑ ❑ ❑ supporting alternative transportation? h) Inadequate emergency access or access ❑ ❑ ❑ to nearby uses? i Other? ❑ ❑ ❑ ❑ VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological ❑ ❑ ❑ 0 Resources Management Overlay, as identified in Section 10.0-Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare ❑ ❑ ❑ OO species or their habitat(including, but not limited to,plants, mammals, fish, insects and birds)? C) Impacts to the wildlife disbursal or ❑ ❑ ❑ xD migration corridors? d) Impacts to wetland habitat (e.g., marsh, ❑ ❑ ❑ 0 riparian and vernal pool)? e) Removal of viable,mature trees based on ❑ ❑ ❑ information contained in the Preliminary Project Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? f) Other? ❑ ❑ ❑ ❑ GlProjecV514.00/1S.siteManuary 28,2000 IS-21 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy D D ❑ Ox conservation plans? b) Use non-renewable resources in a ❑ ❑ ❑ M wasteful and inefficient manner? C) Result in the loss of availability of a ❑ ❑ ❑ known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of ❑ ❑x ❑ ❑ hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form,No. G(1) and G(2) (including, but not limited to, oil,pesticides, chemicals or radiation)? b) Involve the release of hazardous ❑ ❑ ❑ ❑O substances? C) Expose people to the potential ❑ ❑ OO D health/safety hazards? d) Other? D ❑ ❑ D X. NOISE. Could the proposal result in: a) Development of housing, health care ❑ ❑ ❑ facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in.Section 14.0-Noise, Figures 57 and 58 of the City's General Plan? G:/Project/514.00/IS.siteManuary 28,2000 IS-22 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Development of new or expansion of o o O existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A)exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(I) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? C) Other? ❑ O ❑ ❑ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a Fire protection? ❑ ❑ ❑D ❑ b Medical Aid? ❑ ❑ ❑ l] C) Police protection? ❑ ❑ ❑ 0 d) Schools? ❑ 0 ❑ El e Parks or other recreational facilities? ❑ ❑ O O f) Solid waste disposal? ❑ ❑ ❑ El g) Maintenance of public facilities, 0 ❑ ❑ 0 including roads? h Other governmental services? ❑ ❑ O G:/Project/514.00/1S.site2/January 28,2000 IS-23 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. UTILITIES: Will the proposal,based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a Natural as? ❑ ❑ ❑ 0 b Electricity? ❑ ❑ ❑ 0 c Communications systems? ❑ ❑ ❑ a d Water distribution? ❑ ❑ ❑ O e Water treatment or sewer? ❑ ❑ ❑ 0 Storm water drainage? ❑ ❑ ❑ g) Result in a disjointed pattern of utility ❑ ❑ ❑ 0 extensions based on review of existing patterns and proposed extensions? h Other? ❑ ❑ ❑ ❑ XIII. AESTHETICS. a) Could the proposal result in the ❑ ❑ ❑ x❑ obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project ❑ ❑ ❑ 0 create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? C) Create significant light or glare that ❑ ❑ El ❑ could impact sensitive receptors? GJProject/514.00/1S.site2/lanuary 28,2000 IS-24 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d Other? ❑ ❑ ❑ ❑ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive ❑ ❑ ❑ El archaeological area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? b) The alteration or destruction of a ❑ ❑ ❑ ❑x prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? C) Alteration or destruction of a historical ❑ ❑ ❑ 0 site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? ❑ ❑ ❑ ❑ XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or ❑ ❑ ❑ ❑x regional parks or other recreational facilities? b) Affect existing recreational ❑ ❑ ❑ El opportunities? G:/Project/514.00/ISsite2/January 28,2000 IS-25 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to 0 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to ❑ 0 ❑ El achieve short-term, to the disadvantage of long-term, environmental goals? C) Does the project have impacts that are 0 individually limited,but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental ❑ ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? G:/Project/514.00/IS.OeManuary 28,2000 IS-26 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services Department/Public Works Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements -water. 9. Public Works Standard Requirements - grading. DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I. LAND USE AND PLANNING a) The California Bio-Mass project is proposed for a 10.28-acre project site located on the west side of Industrial Parkway, approximately half-way between University Parkway to the south and Palm Avenue to the north. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek. The Land Use Designation(General Plan/Zoning)is Heavy Industrial (IH) for the site and surrounding area. Table 3 (Seepage IS-10)shows the existing land uses and General Plan Land Use Designations for areas immediately adjacent to the project site. Adjacent properties are vacant,with the exception of San Bernardino Steel located immediately to the north. Other businesses in the immediate vicinity include Jack's Disposal, and similar warehouse/distribution and industrial activities. The General Plan includes a number of goals, objectives and policies for guiding development in the City. Those pertaining to the proposed project and project site are provided under the Heavy Industrial Designation. General Plan Objective 1.33 provides for the development of heavy industrial uses in locations where they will be compatible with and not adversely impact adjacent land uses. Policies related to this objective to encourage development of heavy industry but still maintain environmental quality include: accommodating a diversity of heavy uses that are characterized by their large land utilization and physical facility requirements(1.33.10) permit a maximum development floor area ratio(FAR)of 0.75 and no defined height limit (1.33.20) - require that all development be compatible with adjacent land uses, incorporating landscape setbacks, screening walls and other appropriate elements(1.33.30) - require that properties be maintained free of debris and at an appropriate level of visual quality; ensuring that sites are periodically monitored and codes are enforced(1.33.3 1) 3 G:/Project/514.00/IS.siteManuary 28.2000 IS-27 �... g.... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Figure 2 shows the layout of the project site. The amount of building coverage on the lot is 60,600 square feet and accounts for 14% percent of the project site (building elevations are shown in Figure 3). Figure 4 shows the proposed landscape plans for the streetscape along Industrial Parkway. The creek beds provide an additional separation between properties to the north and south of the site. Daily maintenance will ensure that the site is kept free of debris. b) The proposed project is not within an Airport District as identified in the Air Installation Compatible Use Zone(AICUZ) Report and the Land Use Zoning District Maps. The closest air strips or airports are located approximately 8 miles to the southeast (San Bernardino International Airport, former Norton Air Force Base)and approximately 6 miles to the west(Rialto Municipal Airport). There are no significant project-related impacts associated with airports or air fields. C) The project site is not within a Foothill Fire Zone as identified on the Land Use Districts Zoning Map or within the City's High Fire Hazard Area as indicated in Figure 61 of the City's General Plan. II. POPULATION AND HOUSING a) The project site is undeveloped. Construction of the facility will not result in the removal of any housing, and therefore no impacts to existing housing will occur. b) The proposed project will not create a significant demand for additional housing. It is anticipated that the 15 employees from the existing facility in San Bernardino County will continue employment at the new site in the City of San Bernardino. Once the facility in San Bernardino is operational additional employees may be added, for a total of 35 employees. C) The project is not growth inducing, either directly or indirectly. No additional housing will be provided, and no major infrastructure will be expanded to serve the project. The project, in conjunction with similar projects in the region will allow local jurisdictions to meet the requirements of AB939 to divert up to 50 percent of their solid waste from local landfills by 2000. III. EARTH RESOURCES alb) The site can be characterized as flat to gently sloping. The 10.28 acre site ranges in elevation from a low of 1,559 feet above sea level near the western-most corner of the site, and a high of 1,586 feet above sea level near the northern-most corner of the site,for a difference in elevation of approximately 27 feet. There are no slopes greater than 15 percent on site. Figure 5 is the grading plan for the proposed project. Finished grades will remain closely related to the site's existing grade of 2.5%. The site will be graded so that stormwater flows to the western-most corner of the property. Grading will also be done to create areas for the building, shop and maintenance areas. The rest of the site will be graded to accommodate asphalt and concrete working areas that are relatively flat but still drain to the western-most corner of the site. G:/Project/514.00/IS.siteManuary 28,2000 IS-28 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY C) Dust will be generated during grading of the site and to a lesser degree, on-going during operation and during periods of high wind conditions. Regular watering on a daily basis as required to reduce dust hazards will occur during construction in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. Rule 403 requires implementation of best available fugitive dust control measures during active operations with additional measures implemented under high wind conditions. See Air Quality for further discussion of fugitive dust control. Regular watering on a daily basis as required to reduce dust hazards will occur during site operations on unpaved areas. Dust generation during on-going operations will be minimal and limited to any activity or undeveloped portions of the site. All collection and transfer operations will occur within the enclosed transfer building. As the site develops,all portions of the site subject to truck circulation will be paved. Only portions of the landscape sales area and areas of future development will utilize an alternative surface (i.e. decomposed granite or temporary landscaping, etc.). The potential for adverse water erosion impacts will be maintained at less than significant levels through the development and implementation of an erosion control plan prior to commencement of construction activities. The erosion control plan shall contain but not limited to, the following measures: ER-1: An erosion control plan shall be prepared and implemented for the proposed Bio-Mass Inc., project that identifies specific erosion control measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated. This erosion control plan shall include the following measures at a minimum: a. Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California. b. An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. High winds affect dust generation characteristics and create the potential for off-site air quality impacts, especially with respect to airborne nuisance and particulate emissions. The potential exists for wind erosion of the disturbed soils during periods of high winds. Minimizing wind erosion potential of the undeveloped phases of the site will be achieved through temporary landscaping and soil binders. Compliance with SCAQMD Rule 403 and Mitigation Measure No. ER-1, potential erosion of soils, will remain less than significant. d/f/h/i)The City of San Bernardino is situated in a seismically active region where numerous faults, capable of generating moderate to large earthquakes,are located. The San Andreas fault traverses the city in a northwest-southeast direction along the foothills of the San Bernardino mountains. The project site is located approximately 2 miles southerly of the San Andreas fault system. The Glen-Helen and San G:/Project/514.00/Msite2/January 28,2000 IS-29 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Jacinto faults also traverse the City in a northeast-southwest direction through Cajon and Lytle Creeks. The project site is approximately 2 miles northerly of the Glen-Helen fault system. Both fault zones are located within an Alquist-Priolo Special Study Zone, a designation given when surface rupture may occur in the immediate vicinity due to movement along these faults. The project site is located between the Alquist-Priolo Special Studies Zones for the San Andreas and the Glen- Helen/San Jacinto faults,as defined in the City's General Plan(reference Figure 47 of the City of San Bernardino General Plan); therefore, surface rupture is not likely to occur on the site. However, the vicinity is likely to experience peak ground acceleration from a maximum credible earthquake of magnitude 8.5 on the San Andreas Fault and 7.5 from the San Jacinto fault (reference Figure 46, of the General Plan). The site is not located within an area of Potential Ground Subsidence as identified in Section 12.0, Figure 51 of the General Plan; nor is the project site located within an area of Liquefaction Susceptibility, Figure 48, of the General Plan. Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires that projects such as this include a soils/geotechnical study to determine the impacts likely to occur on a specific project site. A Soils/Geotechnical Investigation has been prepared by Sladden Engineering. Recommendations of this investigation are incorporated in the design and construction of the structures. Regional subsidence due to water extraction has historically occurred in the southern and central portions of the City largely due to the extraction of water. Subsidence is not considered a problem at the location of the proposed project. Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the fault. Groundshaking will impact structures during earthquakes. The magnitude of the impact is related to the construction of the building and its foundation. The City has adopted seismic performance standards for all new construction. The building proposed on-site would be constructed in conformance with the Uniform Building Code and any additional performance standards adopted by the City. Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in the foothills or mountain areas. Since the project site is located in an area of relatively flat terrain, landsliding is not considered to be a factor in the proposed project. Liquefaction is a phenomenon that occurs when strong earthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state. This happens in areas where the soils are saturated with groundwater. Loose, soils with particle size in the medium sand to silt range are particularly susceptible to liquefaction when subjected to seismic groundshaking. Affected soils lose all strength during liquefaction and failure of building foundations can occur. G:/ProjecV514.00/IS.siteManuary 28,2000 IS-30 i CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The project site and vicinity are not located in an area of High Liquefaction Susceptibility. However, it is anticipated that major earthquake groundshaking will occur during the lifetime of the proposed project from the either the San Andreas or the Glen-Helen faults. With adherence to the recommendations made by the geotechnical engineer, potential significant impacts associated with earthquakes in general would be less than significant. The following mitigation measure shall be implemented: ER-2 Site grading and preparation of areas that will support structures shall be in conformance with the recommendations made by the soils/geotechnical engineer preparing the investigation of the site prepared by Sladden Engineering dated December 1999, or other subsequent study required by the City of San Bernardino Department of Public Works/Engineering. e) The site is relatively flat with a gentle slope from northeast to southwest. The site lies between the Devil's Canyon Diversion Channel and Cable Creek. No unique physical or geologic features exist at the site. In addition, since grading will be minimal, the potential to intercept any buried unique geologic or physical features that could occur within the project site is minimized. The site is within the City Designated High Wind Area as indicated in Section 15.0 - Wind and Fire, Figure 59 of the City's General Plan. Historically,high wind velocities in the northern portion of the City, adjacent to mountains and canyons, have resulted in considerable property damage. Therefore the City applies stringent conditions for construction of all structures and facilities. The site is not within areas designated for high potential for water erosion or wind erosion as indicated on the Section 12.0 - Geologic and Seismic Hazards, Soils Limitations Map Figure 53 of the General Plan. No impacts to earth resources are expected to occur at the site from high wind or water erosion potential. See the Air Quality analysis for a discussion of fugitive dust emissions. g) The site lies between the Devils Canyon Diversion Channel and Cable Creek. No modification would occur to the Diversion Channel or the Creek or any other existing natural streams,as identified on the San Bernardino South USGS Quad Map. IV. WATER a) The project will result in changes to absorption rates, drainage patterns, and the amount of surface runoff due to the proposed site improvements and facilities, including buildings and paved surfaces. Site improvements include a single-story 2,700 square foot office, 14,400 square foot transfer building, a 4,000 square foot maintenance building, a 90,000 square foot warehouse, and a 7,500 square foot canopy. In addition, approximately 30%of the 10.28 acre site will be paved with asphalt or concrete. These changes in drainage patterns and increase in surface runoff will be mitigated by the construction of 24"pipe outlet to the Devil's Canyon Diversion Channel located in the western corner of the site. The proposed plans for drainage must be approved by the City of San Bernardino Public Works Department, the San Bernardino County Flood Control District. and the Regional Water Quality Control Board. G:/Project/514.00/IS.site2/January 28,2000 IS-31 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY b/c/d) The site lies between the Devils Canyon Diversion Channel and Cable Creek. Storm water collected on-site is diverted to an outlet and discharged to the Devil's Canyon Diversion Channel. Improvements to the project site include curbs, gutters and swales as necessary to drain the site to the outlet at the western corner of the site. No significant modification to flow of flood waters associated with the Devils Canyon Diversion Channel or Cable Creek will occur with the proposed project. Mitigation Measure W-2 is provided below to ensure that any modification to the flow of flood waters is less than significant. The project proponent is required to confer with the RWQCB and comply with the National Pollution Discharge Elimination System regulations prior to start of facility operation. e) The site is not located within a 100-year Flood Zone as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071 C7940F, dated March 18, 1996. The 100-year flood-plain, is confined to creeks and channels, under jurisdiction of the San Bernardino County Flood Control District. To ensure that potential impacts associated with flooding and stormwater conveyance are less than significant, the following measure will be implemented: W-1: A site specific drainage study which meets the standards of the City of San Bernardino will be prepared by a the project engineer, Land Development Design Corporation. All recommendations from this analysis, including facilities necessary to mitigate drainage impacts, shall become conditions of project-development. These measures must be completed prior to the issuance of certificates of occupancy for use of the facility. Compliance with Mitigation Measure No. W-1 will ensure potential impacts associated with a portion of the site being located adjacent to the 100-year Flood Zone remain less than significant. V. AIR QUALITY a) Air quality is affected by both the rate and location of pollutant emissions and by meteorological conditions which influence movement and dispersal of pollutants.Atmospheric conditions such as wind speed, wind direction, and air temperature gradients, along with local topography, provide the link between air pollutants and air quality. The project is in the northeast portion of the South Coast Air Basin(SCAB), which includes Orange County,and portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto mountains to the north and east. The mountains which reach heights of up to 11,000 feet above mean sea level(msl),act to prevent airflow and thus the transport of air pollutants out of the basin. The San Bernardino Valley portion of the SCAB is designated non-attainment for nitrogen dioxide, sulfates, particulate matter, and ozone. The criteria pollutants identified in the SCAB that would be associated with the proposed project include: - Ozone(03) G:/Project/514.00/IS.siteManuary 28,2000 IS-32 i CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY -Carbon monoxide(CO) -Nitrogen dioxide(NO2) -Particulate matter(PM10) - Sulfur dioxide (S02) -Reactive Organic Compounds(ROC) SCAQMD adopted the Final 1994 Air Quality Management Plan(AQMP)revision in September 1994 and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve compliance with federal and state air quality standards for healthful air quality in the SCAB. The Final AQMP was adopted by the AQMD Board in November 1996 and has since been approved by the California Air Resources Board(CARB). The AQMP policies serve as the framework for all control (permitting)efforts in the SCAB as enforced by the SCAQMD for stationary sources. CARB regulates mobile sources. California Bio-Mass Inc.will conduct an organic material recycling and transfer operation. Material is delivered to the site by both private and commercial haulers. The proposed project site is located on the west side of Industrial Parkway,approximately half-way between University Parkway to the South and Palm Avenue to the north. Vehicles will travel entirely on paved surfaces while accessing the site and being weighed, and all tipping and transfer operations are conducted within an enclosed building. The only unpaved area will be portions of the landscape supply sales area at the northerly portion of the site and temporarily undeveloped areas. All materials brought on-site are transferred to another facility for processing and/or composting. Estimates of both construction and operational emissions are contained in Tables included in Appendix A. A summary of construction and operational emissions associated with the project are listed in Tables 4 and 5,below. Tables 4 and 5 also compare construction and daily operational emissions with applicable SCAQMD thresholds of significance. The project would not exceed emission standards for energy consumption or operations based on its physical characteristics or operation. Due to the minor amounts of equipment,material,and low volumes of traffic, significance thresholds are not exceeded. Approximately 50%of the traffic to the facility is from loads generated within the City of San Bernardino. The availability of this facility will reduce longer distance trips currently required for commercial green waste collection,and particularly for City collection vehicles. G:/Project/514.00/IS.site2/lanuary 28.2000 IS-33 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Table 5 Construction Emissions and SCAQMD Thresholds Operation PM10 ROC CO NO2 SO2 Vehicle Travel on Unpaved Roads 3.70 --- --- --- --- Vehicle Emissions 0.08 0.51 4.60 1.51 --- Equipment Fugitive Dust 12.70 --- --- --- --- Equipment Exhaust Emissions 4.80 3.60 15.30 48.20 5.50 Total (lbs/da ) 21.28 4.11 45.88 49.71 5.50 SCAQMD Threshold(lbs/da 150 55 550 55 150 Exceeds Threshold? No No No No No Source: SCAQMD CEQA Air Quality Handbook, 1993; and Appendix A,Table 3 Table 6 Operational Emissions and SCAQMD Thresholds Operation PM10 ROC CO NO2 SO2 Vehicle Emissions 0.96 2.2 18.9 8.1 --- Vehicle Travel on Paved Roads 16.5 --- --- --- --- Equipment Exhaust Emissions 3.68 4.90 12.79 41.4 3.92 Electrical Consumption 0.01 Neg. 0.03 0.17 0.02 Natural Gas Consumption 0.0001 0.001 0.01 0.03 Neg. Total (lbs/da ) 21.1 7.1 31.8 49.8 3.94 SCAQMD Threshold (lbs/da PNO 50 55 550 55 150 Exceeds Threshold? No No No No Source: SCAQMD CEQA Air Quality Handbook, 1993; and Table 4, Appendix A, Table 4. Fugitive dust generated by construction activities during development and operation of the project would add to ambient PM10 levels. Emission estimates for PM10 do not exceed the SCAQMD threshold of 150 lbs/day with mitigation. Implementation of Rule 403 Fugitive Dust Control Measures during project construction and operation will be required and were assumed as part of the analysis. Implementation of the following mitigation measure will ensure impacts from fugitive dust generation during construction and operational activities will be less than significant and will aid the City in meeting General Plan Policies 10.10.2 and 10.10.4: Policy 10.10.2 Require dust abatement measures during grading and construction operations. Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and incorporate pertinent local implementation provisions of the Air Quality Management Plan. A -1: Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, including: G:/Project/514.00/IS.siteManuary 28,2000 IS-34 3 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY a 1) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visible soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and 7) Discontinue construction activities during Stage 1 smog episodes. b) Some land uses and/or individuals are considered more sensitive to air pollution than others due to the types of population groups and activities involved. Sensitive population groups include children, the elderly, residential areas, and recreational land uses. The project site is located west of Industrial Parkway within a heavy industrially zoned portion of the City of San Bernardino. Land uses within the general vicinity include heavy industrial or undeveloped land. Single-family residences are located within 1,000 feet of the site both easterly and westerly. Residential neighborhoods are located easterly of I-215 along Kendall Drive, as well as westerly of Cajon Boulevard in the Muscoy area. Due to the separation of the residential neighborhoods by major transportation corridors,and the fact that all tipping and transfer activities occur within an enclosed building,direct impacts to these neighborhoods as a result of the proposed project are not anticipated. c) The local climate can be classified as Mediterranean with hot and dry summers and short, warm and relatively dry winters. Temperatures range from a low of 32 degrees Fahrenheit(°F)in the winter to a high in excess of 100° F during the summer. Mean annual temperature is 65° F. Average annual precipitation for the area is 18 inches,which is almost exclusively rain(City of San Bernardino, 1996). The project site will be used for collection and transfer of green waste materials, which are naturally moist in nature. The site will also be periodically watered to control dust,however,these activities will not significantly alter air movement, moisture, or temperature, or cause any change in climate. The project is too small in scale to alter area temperature,moisture, or air movement. d) Due to the types of materials that will be accepted for tipping and transfer at the facility, odors may be generated and experienced on-site. Materials which have the potential to generate odors include some green waste, specifically grass clippings, and some restaurant and other food waste residuals. Because any potential odor producing material will be collected and transferred within the enclosed building or within enclosed tanker trucks, odor would not impact off-site or surrounding land uses. Neutralizers,reodorizers,or deodorizers will be applied through the misting system that will be in-place within the indoor tipping area(Mitigation AQ-2). The site will be routinely cleaned and be kept free of fugitive debris and residual material that can cause odors. The material within the transfer building will be removed form the site within 24 hours of arrival. Typically material is transferred within the same day of delivery to the facility. AQ-2: Neutralizers, reodorizers, or deodorizers will be applied through the misting system that will be in place within the indoor tipping area. G:/Project/514.00/1S.siteManuary 28,2000 IS-35 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY VI. TRANSPORTATION a) The proposed project site is located westerly of Industrial Parkway, approximately half-way between University Parkway to the south, and Palm Avenue to the north. Primary access to the site will be directed through the northerly driveway onto Industrial Parkway. Incoming vehicles to the facility will include employees (35 vehicles per day), collection vehicles(including tractor-trailer combinations, two axle trucks)and small vehicles including pick-up trucks and delivery vehicles(up to 50 vehicles per day) for a maximum of 85 vehicles per day. Light-duty commercial vehicles comprise approximately 50% of the incoming commercial vehicle traffic; and approximately 50% of the commercial vehicle loads are generated within the City of San Bernardino. ExistiniTraffic Volumes Traffic utilizing the proposed facility will be primarily regional in nature and will approach the site using the I-215 Freeway. Arriving traffic will primarily be from the south, existing I-215 at University Parkway and traveling north on Hallmark/Industrial Parkway to the site. South-bound departures, consisting primarily of the commercial collection and private haul vehicles, will return to I-215 using University Parkway;while north-bound departures,consisting primarily of the transfer trucks,will travel north on Industrial Parkway to Palm Avenue to access the north-bound I-215. Project Trip Generation Based on actual site data from ticket sales at the existing Bio-Mass facility in Bloomington and predictions based on growth and site buildout, incoming vehicles to the facility was predicted. Incoming vehicles will include employees(35 vehicles per day), collection vehicles(including tractor- trailer combinations and two axle trucks) and small vehicles including pick-up and delivery trucks (approximately 50 vehicles per day)-for a maximum of 85 vehicles per day. Additional trips will also be generated at the site resulting from employee lunch time trips as well as miscellaneous deliveries of supplies and equipment maintenance. A passenger-car-equivalent(PCE)factor of 3.0 was assigned to all commercial vehicles,regardless of size,to assist in the evaluation of worst-case project-related impacts. The following is a breakdown of the trip generation rates used to derive overall project trip generation based on actual site data: 35 employees— • arrival at site • lunch departure from site • lunch arrival at site • departure from site 35 vehicles x 4 trips per day= 140 trips/day 50 commercial vehicles— • vehicles arrive at site for delivery of greenwaste, commingled organics or liquid waste • commercial waste collection vehicles depart to return to routes in local jurisdictions • commercial collection vehicles arrive to empty the on-site trash bins G:/Project/514.00/1S.she2/lanuary 28,2000 IS-36 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY • transfer vehicles depart for compost site • vehicles arrive/depart from site for other miscellaneous deliveries (i.e. UPS) 50 collection vehicles x 3.0 PCE x 2 trips per day=300 trips/day 140 trips per day+300 trips per day=440 trips/day Trip generating characteristics of various industrial and manufacturing land uses have been documented by the Institute of Transportation Engineers(ITE),however,recycling and transfer facilities such as this are not specifically documented and therefore are assumed to be within the ITE's manufacturing land use designation. The ITE generation rate for manufacturing facilities is 38.88 trips per acre and translates to a slightly lower overall trip generation of 400 trips per day(10.28 acres x 38.88 trips per day=400). It is estimated that the project will generate between 400 and 440 PCE adjusted trips per day. Based on a October 1999 average daily traffic(ADT)count performed by the City,the following ADT pertains to Industrial Parkway east of Palm Avenue,and Industrial Parkway(a.k.a. Hallmark Parkway) west of University Parkway: Table 7 Existing ADT and Peak Hour INTERSECTION East West AM Peak PnI Peak Bound Bound (8-9 A.M.) (4-5 P.M.) Industrial Pkwy e/o 903 ADT 996 ADT 134 194 Palm Avenue Hallmark Pkwy w/o 4,950 ADT 4,890 ADT 912 909 University Pkwy Source: City of San Bernardino Traffic Engineer The proposed project would add the equivalent of 440 trips per day (220 round trips) to the surrounding roadways. The proposed project's maximum anticipated daily traffic will increase the existing ADT of the critical intersections as noted in Table 7. In order to establish a worst case scenario of the predicted 440 trips generated by this facility,all 440 trips will be added to both the east bound and west bound segments of Industrial Parkway at both key intersections. This will significantly overestimate the assumptions regarding project-related traffic to emphasize the impact of the proposed project on the existing traffic volumes. It is also important to note that the A.M. and P.M. Peak Hour figures for Industrial Parkway(7-8 A.M. and 4-5 P.M.)do not correspond to peak hour figures for the operation of California Bio-Mass based on historical vehicle count data for the existing facility(January to November 1999). The historical A.M. peak hour for the facility is 9-10 A.M. (10 vehicles), and the P.M. Peak Hour is 2-3 P.M. (6 vehicles). However, to continue to analyze a worst case scenario, the A.M. and P.M. peak hours of the proposed project will be added to the A.M. and P.M. peak hours of Industrial Parkway. G:/Project/514.00/IS.site2/lanuary 28,2000 IS-37 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Table 8 Project Related ADT Increase INTERSECTION East West AM Peak PM Peak Bound Bound (10 trips avg) (6 trip avg) Industrial Pkwy e/o 49% 44% 7% 0.6% Palm Avenue Hallmark Pkwy w/o 9% 9% 5% 0.7% University Pkwy Again,the scenarios illustrated in Table 7 significantly overestimate the assumptions regarding project related traffic to prove that the daily operations will not result in a significant increase in traffic volumes. The quantified increases (440 ADT and 10 hourly trips)would not significantly impact the current volume for the intersection of Hallmark Parkway and University Parkway. However, due to the currently low volumes at Industrial Parkway at Palm Avenue, the project does result in a significant increase in use at this intersection. Much of the industrially zoned land at the western end of the Parkway is undeveloped at this time, resulting in a low volume at this intersection. b) The proposed project will not result in altering the present pattern of circulation in the vicinity of the project.Access to the facility will be from Industrial Parkway. Vehicles will enter the site at the northern most driveway and advance to the scale, approximately 200 feet from the entrance. This distance will allow a minimum of 5 vehicles to queue on-site. Queuing will not occur off-site ensuring that vehicular movement along Industrial Parkway will not be impaired. Existing routes will be maintained and used as vehicles either approach or leave the site traveling north or south on Industrial Parkway within their route. The transfer of green waste material will occur 24-hours per day,resulting in a proportion of the transfer trips occurring during off-peak periods. C) The proposed project will not change the basic paths or patterns of circulation in the immediate area,and will not create any disjointed roadway improvements. The incremental increase in traffic volume (50 commercial vehicles and 35 employee vehicles per day)on the roadways and intersections is a less than significant impact. d) The project will not impact rail or air traffic. The nearest airport or air strip to the project site is the San Bernardino International Airport(former Norton Air Force Base)located approximately 8 miles to the southeast. The nearest passenger railroad operation is the Amtrak Station at 3`d Street and Mt. Vernon approximately 4 miles to the south. The project will not stimulate any activity that would place demands on rail or air traffic,nor interfere with their operations. e) All parking for the proposed project will be provided on-site. Parking spaces for the project were designed to comply with the requirements of Chapter 19.24 of the City of San Bernardino Development Code. G:/Project/514.00/IS.site2/January 28,2000 IS-38 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY f) The proposed project will not create any safety hazards to vehicles,bicyclists,or pedestrians. The project is expected to increase traffic volumes by 50 commercial vehicles per day and 35 employee vehicles per day,therefore there will be no substantial changes to the existing circulation patterns. Access to the site is provided through driveways onto Industrial Parkway. g) Due to the nature of the project, site activities and transportation methods will not conflict with adopted policies supporting alternative transportation. h) Project design includes adequate emergency access on-site. Design plans for the project will be reviewed by the City Fire Marshall to ensure compliance with the City's Development Code. VII. BIOLOGICAL RESOURCES a) The proposed 10.28-acre project site is located westerly of Industrial Parkway, southerly of Palm Avenue, and northerly of University Parkway in the City of San Bernardino. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek,however,the site is not within the Biological Resources Management Overlay identified in Section 10.0—Natural Resources, Figure 41, of the City's General Plan. b/c) The proposed project will not result in any impacts to endangered, threatened or rare species or their habitats. The 10.28-acre site is undeveloped. Plant cover consists of a mixture of non-native weedy species commonly found growing on vacant lots in southern California such as ragweed (Ambrosia psilostachya), short-podded mustard (Hirschfeldia incana), and foxtail (Vulpia myuros), which supports minimal wildlife activity. The surrounding properties are either vacant supporting similar non-native grasslands, or developed with heavy industrial activities such as San Bernardino Steel which discourage the presence of wildlife. d) No riparian habitat or jurisdictional drainages occur on-site. e) The project site does not contain any trees. VIII. ENERGY AND MINERAL RESOURCES a) The project will not result in any conflicts with adopted energy conservation measures as required by the City of San Bernardino. Compliance with existing codes, ordinances, recognized conservation measures,ongoing"best available technology"and the General Plan will occur with City approval of the final project plans to reduce any net decrease in energy resources. As proposed, the project will not create any significant demand on existing/planned energy resources and facilities. b) Non-renewable resources to be used by the project include diesel fuel and natural gas. All uses shall be designed to be efficient; no wasteful use of non-renewable resources will occur. C) No loss of valuable mineral resources will occur with the development of the project. The project will demand aggregate resources in the construction of parking lots and buildings. Steel, concrete, and G:/Project/514.00/IS.siteManuary 28,2000 IS-39 j CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY asphalt will be required as part of construction. These resources are commercially available in the southern California region without any constraint and no potential for adverse impacts to the natural resource base supporting these materials is forecast to occur over the foreseeable future. This demand is not significant due to the abundance of available local aggregate resources. IX. HAZARDS a/b) The facility stores and dispenses diesel fuels and lubricants,petroleum-based products associated with transportation and on-site equipment (see Figure 4). Above-ground tanks will be constructed on a concrete pad which has been designed with a concrete containment area to isolate any spills that may occur. The containment areas for both fuel storage and liquid food waste storage are designed to contain 110%of the volume of the largest tank. The Company will submit and maintain a Hazardous Materials Business Plan with the San Bernardino City Fire Department Hazardous Materials Division, including the Material Safety Data Sheets of all chemicals used on-site. All hazardous material is removed by a licensed hazardous material transport company. In addition, a statement regarding above-ground fuel storage must be filed with the State Water Resources Control Board, including a Spill Prevention Control and Countermeasures (SPCC)prepared by a registered civil engineer. H-1: The City shall require the operator and/or contractors to control spills of petroleum products and, if such spills occur, the contaminated soil or other material shall be collected and/or treated and disposed of at a facility licensed for contaminated soil. Records of spills and clean- up efforts shall be retained by the developer or contractor and made available to the City upon request. With implementation of the above measure,potential impacts associated with the storage and use of petroleum products on-site will remain at less than significant levels. Loads transported to the site may incidentally contain hazardous materials (i.e. containers of paint, pesticide, herbicide, etc.). In addition, pesticides/herbicides may be present in the greenwaste material wihich is brought to the site for transfer to the compost facility. This material is confined to the tipping floor inside the transfer building and is transported off-site within the 24-hour period. A load-checking program will be implemented at the site. Loads will be inspected as they enter the site and spotters will be stationed at the tipping area at all times to ensure that only approved materials are contained in the load. Loads that contain such materials may be turned away and directed to an appropriate disposal facility. Such material that is inadvertently tipped at the facility will be stored on-site in special bins until such time as a licensed hauler removes them from the site. Storage is limited to 90-days. C) All employees upon hiring are trained and tested in the proper use and storage of all materials and equipment which they may come into contact with while performing their given duties. No employee shall be required to perform a task for which he/she does not feel they have been adequately trained for. Training shall be reviewed and employees retrained as deemed necessary or requested by employees and management. Refresher training shall be conducted no.less than quarterly. Training will be a priority topic at all safety meetings which are conducted weekly. G:/Project/514.00/1S.siteManuary 28,2000 IS-40 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY It is the responsibility of the Company's emergency coordinator to insure that all employees are trained in the procedures relating to hazardous material release. All employee training is reviewed by the Emergency Coordinator and retraining initiated if necessary. The coordinator must insure that all records and pertinent emergency information is current and easily accessible by all. The bio-material will be screened for hazardous materials by load checkers to insure that no hazardous materials enter the process. If household hazardous material is found,the material will be stored in a hazardous materials storage bin. The hazardous waste hauler for all CBM facilities is Advance Environmental of Fontana, they are licensed in the State of California,and will be summoned to the site for remove and proper disposal of the material within 90 days. Customers/visitors of the site will not be allowed near heavy processing machinery/equipment. Employees will be required to wear personal protective equipment, such as hard hats, ear plugs, and steel-toe boots. Exposure of people to potential health or safety hazards will be less than significant. The project proposes the use of a 10,000-gallon above ground fuel tank with a 500 gallon waste oil tank on-site. With the storage and use of petroleum products on-site, a limited potential exists for accidental release of these materials to the environment. The project site is not located in or near any fire hazard area indicated in Section 15 - Wind and Fire, Figure 61, of the City's General Plan; and City and County Fire Ordinances provide appropriate conditions to insure public safety is not jeopardized. X. NOISE a) The proposed use on-site will include construction activities, the operation of heavy equipment operation, loading and unloading of trucks. The project will not involve the development of housing, health care facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A)exterior and an Ldn of 45 dB(A) interior. b) The proposed project will introduce an industrial operation to a vacant parcel within the IH land use district. Surrounding uses within the immediate area and along Industrial Parkway,as the name implies, are also industrial along with scattered undeveloped parcels. No sensitive receptors are located immediately adjacent to the site,which could be impacted by the introduction of additional noise sources on-site. However,single-family residential land uses area present within 1,000 feet of the site east of I- 215 and west of Cajon Boulevard. Increased noise levels from operation of the facility are not anticipated to impact the existing residences,due to their physical separation from the site and the fact that operations are conducted within an enclosed building. Noise from on-site operations will result from commercial and private trucks containing waste material entering and exiting the site.All transfer operations will occur within the enclosed building, confining any operational noise to the site boundary. The facility will be open to the public from 7:00 a.m. to 5:30 p.m., Monday through Saturday. Facility maintenance and transfer-only of products to or from the site will occur 24 hours per day. G:/Project/514.00/1S.site2/January 28,2000 IS-41 t CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The following pieces of equipment will be used for daily operations and are listed below: I - Water Truck 2 - Front-end Loaders 8 - Transfer Truck and Trailer 2—Fork Lifts The project site is located in a relatively moderate background noise setting. The nature of the setting is primarily developed heavy industrial uses with some remaining open space areas. The nearest structure is located to the north immediately across Cable Creek, this is a portion of San Bernardino Steel. The most significant noise generators in the area are industrial uses within the area and traffic on Industrial Parkway and I-215. Although there are no sensitive noise receptors immediately adjacent to the site, the City of San Bernardino General Plan suggests that an acceptable exterior community noise equivalent level (CNEL) in residential areas is 65 with an interior noise level of 45. The CNEL is a 24-hour A-weighted average sound level from midnight to midnight obtained after the addition of 5 decibels (dB) to sound levels occurring between 7:00 P.M. and 10:00 P.M. and 10 dB to the sound levels occurring between 10:00 P.M. and 7:00 A.M. A-weighting is a frequency correction that often correlates well with the subjective response of humans to noise. The 5 dB and 10 dB penalties added to the evening and nighttime hours account for the added sensitivity of humans to noise during these time periods. Noise measurements taken of"typical"construction equipment indicate that a wheel loader generates approximately 68 dB(A) Leq at 100 feet from the area where it operates (EMCON 1996). Leq is the equivalent sound level;representing the average noise exposure over a one-hour,eight-hour,or 24-hour period.This noise level is also a reasonable approximation for the noise generated by a wheel loader and other similar equipment used during construction of the site. If two pieces of equipment are used such as the wheel loader and grader, the combined noise level produced is anticipated to be approximately 71 dB(A)L q at 100 feet from the point of origin.Equipment is assumed to operate within close proximity to each other in the construction area. This will maximize the noise level in order to analyze potential off-site impacts.Additional commercial,light duty trucks and miscellaneous vehicles and generators for the processing equipment may also operate during this period. Based on the "typical" construction noise measurements from the equipment above, the maximum hourly average noise level in the vicinity of the working area are expected to be approximately 72 dB(A) Leq at 100 feet from the point of origin. Equipment activity during the night will be limited to loading and unloading of the transfer truck and trailer which travels to other California Bio-Mass facilities with various raw materials to be processed and return with finished product to be sold. All transfer operations will occur within the enclosed building. Warehouse and distribution activities will also occur within the enclosed warehouse. Distance attenuation for a point source is equal to 6 dB(A) for every doubling of distance from the reference distance for hard and relatively flat site conditions similar to the proposed site conditions. The operation of the equipment can be treated as point sources of noise. Therefore at 200 feet from the point G:/Project/514.00/1S.AeManuary 28,2000 IS-42 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY of origin,noise levels are approximately 66 dB(A) Leq, at 400 feet the noise levels are approximately 60 dB(A)Ley, and so on. Therefore, no sensitive land uses would be impacted by noise from construction or operation of the proposed project. The project site is located within an existing industrially zoned area. Existing residences occur approximately 1,000 feet easterly and westerly of the site boundary,east of I-215 and west of Cajon Boulevard/BNSF rail line. Distance attenuation for on-site noise levels will result in a significant reduction once noise travels west and east off-site. It is estimated that the worst case exterior noise level will be approximately 52 dB(A) 1,q at 800 feet from the processing area. A 15 dB outdoor to indoor noise reduction with windows closed is typically assumed to represent interior noise levels where measurements are not available. With the reduction applied to an interior noise level, approximately 37 dB(A)L eq at 800 feet will be anticipated. These noise levels do not exceed the City of San Bernardino interior and exterior noise standards for residential uses(45 and 65 CNEL respectively). XI. PUBLIC SERVICES a/b) The proposed project will not place additional demands on fire protection and medical aid services. The project site is not located in a fire hazard area indicated in Section 15 -Wind and Fire, Figure 61, of the City's General Plan. The closest fire station is City Fire Station No. 5 located approximately 2.5 miles easterly of the project site on Kendall Drive, south of University Parkway. Standard requirements for fire protection facilities,building design,and site access have been reviewed with the City of San Bernardino Fire Department and incorporated into the project design. The project as proposed meets the City's current standards for fire protection. C) The project will not place additional demands on police services. Security measures will be incorporated into the project design and will be based on recommendations of the City Police Department. d/e) The project is expected to employ approximately 35 people, 15 of which are existing employees of the company. The additional employees will be drawn from existing residents within or near the City of San Bernardino. The project will therefore not create a demand for new or additional school services, parks, or other recreational facilities as the workforce will be drawn from the existing population of the area. Water requirements will be met by the City of San Bernardino. Existing water mains are present at Industrial Parkway, including fire hydrants. The water supply for process water will be provided via on-site fire hydrants consistent with the City of San Bernardino Fire Department requirements- 1,000 gallons per minute (GPM), 20 pounds per square inch (PSI), 120,000 gallons for 2 hours. i The project site currently has no water demand and therefore,the project will result in an increase in water demand. The demands of the project are estimated based on the California Bio-Mass site in Bloomington. It is estimated that the project will use 10,000 gallons per day, or approximately G:/Project/514.00/IS.site2/lanuary 28,2000 IS-43 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY 10 acre-feet/year. This demand will not be a significant impact on the current groundwater supply or production capability of the City of San Bernardino. f) The proposed project provides an alternative to traditional solid waste disposal. The project would accept bio-material that would ordinarily be landfilled. Such organic material, on average,represents 30 to 40 percent of the waste stream. The anticipated annual operational capacity for the facility is 250,00 cubic yards. The operation will therefore have the capability of diverting over 55,000 tons of material per year from the landfill. Therefore, a reduction on the demand for solid waste disposal would be realized. In addition, operations within the bagging plant will result in scrap plastic that will be collected for recycling. g) Incoming vehicles to the facility will include employees, collection vehicles (including tractor-trailer combinations, two axle trucks) and small vehicles including pick-up trucks - for an average of 85 vehicles per day. Approximately 50% of these vehicles are loads generated within the City of San Bernardino. This incremental increase in traffic volumes on the roadways will not result in a significant impact to maintenance of public facilities, including roads. XII. UTILITIES a) The project and office will be connected to all utilities. Natural gas service will be provided to the project site by the Southern California Gas Company. The project will not impact the company's ability to provide adequate levels of service nor will it create the need to increase capacity. Service will be provided from the nearest existing gas main without any significant impact on service or the environment. b) Electricity will be provided to the project site by Southern California Edison(SCE). Project operations will not impact SCE's ability to provide adequate levels of service nor will it create the need to increase capacity. C) The proposed project would require telephone service. The project site is within the service area of General Telephone. GTE has determined that service can be readily extended to the site without any significant impact to existing service in the area. d) Existing water mains are present in Industrial Parkway, including fire hydrants. Water supply is provided by the City of San Bernardino Municipal Water District. No impact to water distribution will result from the implementation of the proposed project. e) The existing 12" sewer main in Industrial Parkway will be extended southerly along the frontage of the project site. The site is within the City of San Bernardino sewage service area,which has adequate capacity to service the proposed project. f) The City uses the San Bernardino County Flood Control District Comprehensive Storm Drain Master Plan to determine the need for master storm drain facilities. The site is located within subarea 4 of the G:/Project/514.00/IS.site2/January 28,2000 IS-44 City of San Bernardino Development Services Department Mitigation Monitoring / Reporting Program For Conditional Use Permit No. 99-17 Introduction This mitigation monitoring and compliance program has been prepared for use by the City of San Bernardino Development Services Department (City) as it implements mitigation measures for this project. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and Agency CEQA Guidelines. CEQA Section 21081.6 requires adoption of a reporting and/or monitoring program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring/Reporting Program (MMRP or Program) contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. Each mitigation measure contained within the Initial Study for implementation by the City id listed on a separate sheet. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take the action, what action will be taken and when, and to whom and when the compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other relevant data will be attached. Copies of the records will be retained by the City of San Bernardino as part of its project files. 4. The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The total program, including any modifications, will be retained by the City as part of the project files. The individual measures and the accompanying monitoring / reporting actions follow. They are numbered in the same sequence as presented in the Project Initial Study. MITIGATION MEASURE III. EARTH RESOURCES: ER-1: An erosion control plan shall be prepared and implemented for the proposed Bio-Mass Inc., project that identifies specific erosion control measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated. This erosion control plan shall include the following measures at a minimum: a. Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California. b. An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. IMPLEMENTATION AND VERIFICATION 1. The City Engineer will review all grading and erosion control plans prior to issuing a grading permit. 2. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved Erosion Control Plan, along with the grading plans, in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. COMMENTS 1. Erosion Control Plan approved 2. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE III. EARTH RESOURCES: ER-2 Site grading and preparation of areas that will support structures shall be in conformance with the recommendations made by the soils/geotechnical engineer preparing the investigation of the site prepared by Sladden Engineering dated December 1999,or other subsequent study required by the City of San Bernardino Department of Public Works/Engineering. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading and compaction. 2. The City shall verify that the recommendations contained in the approved Soils and Foundation Report are incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved Geotechnical Investigation and the grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. COMMENTS 1. Geotechnical Investigation approved 2. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE IV. WATER: W-1: In compliance with the City's General Plan, a site specific drainage study which meets the standards of the City of San Bernardino must be prepared by a qualified civil engineer. Staff recommendations regarding the facilities necessary to mitigate drainage impacts shall become conditions of project approval. Mitigation against flooding hazards must be provided prior to the issuance of certificates of occupancy. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The required improvements shall be shown on the grading plan. 2. The City shall verify that the recommendations contained in the approved Drainage Study are incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City shall maintain copies of the approved Drainage Study and grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file at the City. WHEN REQUIRED 1. Prior to issuance of occupancy permits. COMMENTS 1. Grading plan approved VERIFICATION BY: MITIGATION MEASURE V. AIR QUALITY AO-1: Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable o generation fugitive dust will include but not be limited to the use of best available control measures and reasonably available control measures such as: 1) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visible soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surface to 15 mph; and 7) Discontinue construction activities during Stage 1 smog episodes. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading. 2. The City shall verify that the recommendations contained in the mitigation measure AQ-1 are incorporated as notes on the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. AIR QUALITY AQ-1 page 2 COMMENTS 1. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE V. AIR QUALITY AA-2: Neutralizers, reodorizers, or deodorizers will be applied through the misting system that will be in place within the indoor tipping area. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Building Services Divisions. The applicant will be required to comply with all Building Services Standard Requirements regarding installation of the misting system. 2. The City shall verify that the recommendations contained in the mitigation measure AQ-2 are incorporated as notes on the building construction plans for this project. 3. The City Building official (or equal) will review the building plans prior to issuing the building permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved building plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. The misting system shall be detailed within the building plans prior to issuance of building permits. 2. Verification of construction and implementation will be verified during site inspections. COMMENTS 1. Building Plans approved VERIFICATION BY: IX. HAZARDS HH=1: The City shall require all contractors to control spills of petroleum products and, if such spills occur, the contaminated soil or other material shall be collected and/or treated and disposed of at a facility licensed for contaminated soil. Records of spills and clean-up efforts shall be retained by the developer or contractor and made available to the City upon request. IMPLEMENTATION AND VERIFICATION 1. The Business Plan will be made part of the Standard Requirements of the Fire Department, Hazardous Materials Division. 2. The City shall verify that the recommendations contained in the mitigation measure H-1 are incorporated in to the Business Plan approved for this project. 3. Compliance shall be verified during the plan check process. COMPLIANCE RECORD 1. Copies of the approved Business Plan shall be maintained by the City and the applicant in the project file. 2. Copies of the inspection reports shall be kept in the project file at the City and with the applicant. WHEN REQUIRED 1. The Business Plan shall be approved prior to the issuance of occupancy permits. COMMENTS Business Plan approved VERIFICATION BY: r . r RESPONSE TO COMMENTS REGARDING INITIAL STUDY/NIITIGATED NEGATIVE DECLARATION FOR CALIFORNIA BIO-MASS,INC. ORGSNIC MATERIAL TRANSFER STATION CUP NO. 99-17/SCH#99121060 JANUARY 21,2000 This document contains the comment letters received during the 30-day circulation period of the Initial Study to support the adoption of a Mitigated Negative Declaration for the California Bio-Mass Organic Material Transfer Station, and the response to those comments. CALIFORNIA Bio-Mass, Inc., is proposing the construction of a facility for the collection, transfer, and marketing of green waste and other organic materials. The project site is approximately 10.28 acres located on the west side of Industrial Parkway, northerly of University Parkway. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek. The Initial Study for the proposed Mitigated Negative Declaration was circulated to the State Clearinghouse for a 30-day review period beginning on December 15, 1999 and ending on January 14, 2000. A total of four letters and one set of hand written notes, providing comments on either the project or the Initial Study. A comment form has been included specific to each commenting agency or individual, the letters have been presented by order and date. In addition, comments have been provided by City staff during ERC/DRC meeting conducted on December 9, 1999. Those comments have been incorporated into the project design. The responses to these comments have been prepared as required to be in compliance with CEQA. These response and the additional information provided are hereby incorporated in to the Initial Study and have been used in developing the Mitigation Monitoring and Reporting Program to be adopted for the project. The comment letters and responses therefore comprise a portion of the project documentation submitted to the City of San Bernardino for CEQA compliance and consideration of project conditions of approval. - b a r Correspondence Received January 3, 2000 Alder Street Property Owners &Residents January 11, 2000 County of San Bernardino, Department of Public Health, Environmental Health Services, Waste Management/LEA Section January 13, 2000 California Integrated Waste Management Board, Permitting and Inspection Branch Region`3, Environmental Review Staff January 19, 2000 California Regional Water Quality Control Board,. Santa Ana Region, Land Disposal Section January 21, 2000 Handwritten notes provided by City staff,which were prepared by Mr. Stewart Cummings, area resident. Alder Street Property Owners &Residents January 3,2000 The project notice as well as the Initial Study have been sent to both the CIWMB and the County of San Bernardino Department of Environmental Health/Local Enforcement Agency. Both agencies have provided written comments,to which response have been provided. At this time, it has been determined by the LEA staff that a Solid Waste Facility Permit is not required for this facility,based on the current regulations and the current design of the project. However, conditions have been included that specify that any future change to the site design or operations, any changes in State regulations,or a combination of the two may result in the need for a SWFP. At some future time. This will be monitored by the conditions placed on the CUP and periodic inspections by the LEA. This greenwaste and commingled organics transfer facility does not, at the present time, require a SWFP, as discussed above. Nevertheless,the proposed facility is a project as defined by CEQA, and in association with the Conditional Use Permit(CUP),an Initial Study and Mitigated Negative Declaration has been prepared for consideration with project review and action. The Santa Ana Regional Water Quality Control Board(RWQCB)has been provided a copy of the project notice and the Initial Study and have provided written comments,to which responses have been provided. Any and all necessary permits as required by the RWQCB will be in place prior to operation of the facility, including but not limited to requirements of the National Pollution Discharge Elimination System (NPDES). References are made to various issues related to the California Bio-Mass facility which operates in the Bloomington area of San Bernardino County. This facility has been in operation on Alder Street for approximately 7 years. The following information is provided in response to accusations made in the letter: • Over the 7-year period of operation the LEA has conducted monthly inspections at the site. During this time period the LEA has issued only 1 violation, which was related to operational procedures and the acceptance of waste items not included on the current LEA permits(not to public health and safety concerns or environmental issues). • California Bio-Mass has a Waste Discharge Waiver issued by the RWQCB. The RWQCB conducts annual inspections of the facility and have not issued any mitigation requirements or citations as a result of operations or practices at the site. • The items related to non-compliance with the County-issued Conditional Use Permit are a result of CBM not owning the underlying property. CBM is on a month-to-month agreement with the current property owner who refuses to cooperate in matters related to dedications of land and permanent improvements to the site. This is one of the primary reasons why CBM has been pursuing other locations for their operation. It is also important to note that operations at the Bloomington facility are conducted differently than they will be at the new site in San Bernardino. The existing facility is conducted entirely out doors,whereas the new facility will be conducted completely indoors within an enclosed transfer building. Alder Street Property Owners & Residents Page 2 of 2 The letfer references Waste Management Inc.(WMI)as one of CBM's"single largest" customers. WMI represents approximately 5%of the CBM customer base,and are not"the single largest customer"as noted by the letter. WMI has no interest in the operation of CBM either financially or otherwise. In conclusion the letter indicates that"the facility is subject to CEQA, and no EIR prepared." As mentioned above, it is correct that the facility is a project as defined by CEQA and therefore the Initial Study was prepared to analyze the projects effects on the environment. Compliance with CEQA does not always result preparation of an EIR. Quite often a Negative Declaration or a Mitigated Negative Declaration is appropriate in addressing the impacts that are identified in the Initial Study. The project notice and the initial Study were circulated to many State and County agencies including the State Clearinghouse. Comments have been received form the RWQCB, CIWMB, County EHS/LEA, comments have been provided specific to each agency. In response to the enclosures provided with this letter it is appropriate to clarify the following: Enclosure B -CIWMB staff report dated December 14, 1999: The report enclosed with the letter does not include an addendum prepared by CIWMB staff which followed a site visit to the facility in the Coachella Valley in December 1999. The Solid Waste Facility Permit was unanimously approved by the CIWMB on December 15, 1999. Enclosure C—Riverside County Hearing Reports: The items included in Enclosure C are various excerpts from the Riverside County staff report(which was approximately 150 pages in length). Much of this information is provided out of context and without valuable information clarified by County staff for the Board of Supervisors final Hearing in July 1999. County of San Bernardino, Department of Public Health Environmental Health Services, Waste Management/LEA Section January 11,2000 The LEA raises a variety of questions and issues which were clarified further during a meeting with LEA staff on January 20, 2000. The project description and Initial Study have been modified to clarify and define the concerns expressed by the LEA. In addition,the LEA has determined that the facility, as presently described,will not be subject to a Solid Waste Facility Permit(SWFP). However,they have recommended conditions of approval for the Conditional Use Permit(CUP)that would provide for periodic review by the LEA in consultation with the facility operator,to monitor any changes in site operations or amendments to state regulations governing the transfer of greenwaste and commingled organics. The following conditions of approval will be added to the Conditional Use Permit: The LEA, in consultation with the facility operator, may determine in the future that certain potions of this transfer facility are subject to the requirement of a Solid Waste Facility Permit (SWFP) and that the facility operator shall at that time, be immediately obligated to apply for and receive such SWFP in a diligent and timely manner, and shall be obligated to comply with all other applicable state and local permits and regulatory requirements that may be amended from time to time. The design and operation of the facility shall use best available efforts to ensure that the facility substantially adheres to the same State Minimum Standards that would apply to a Solid Waste Transfer StationlProcessing Facility pursuant to 14 CCR Section 17406.1 et.seq. Enforcement of the applicable standards shall be the responsibility of the City of San Bernardino. Should the facility come under the jurisdiction of the Local Enforcement Agency through requirement of a Solid Waste Facility Permit, enforcement would then be the responsibility of the LEA. Other concerns expressed by the LEA are noted below. Modifications to the project description have been included where clarification is appropriate. The LEA expresses concerns about the delivery of liquid waste and the potential for inadvertent composting and fermentation of the material. The liquid food waste arrives by tanker/pumper trucks and are immediately transferred directly to tanker trucks which are kept on-site specifically for this purpose. Once an on-site tanker truck is full, liquid waste is transferred to the compost facility. In any case,the tanker truck will remove liquid waste from the site no less than once per 24-hour period. The tanker is rinsed out at the time of delivery at the compost facility. In addition,the source of the liquid waste(typically restaurants)are also under County EHS mandates to remove this material from the site each day. As a result,the liquid waste is delivered from the source,to the transfer station, and on to the compost site, all in less than 48 hours. Therefore the risk of inadvertent fermentation and/or composting of such material is minimized. Other loads which have excessive moisture content(commingled organics)consisting of food scraps and paper with excessive moisture(also typically derived from restaurants)will be deposited on the tipping floor within the transfer building. These loads will be further commingled on the tipping floor with green waste,which acts as a natural absorbent of the material as it is loaded in the transfer truck. 1 n County of San Bernardino, Department of Public Health Page 2 of 2 All material arriving at the facility is source-separated. Green waste, food scraps and paper (commingled organics)are commingled on the tipping floor as material is loaded for transfer. The large pieces of wood,drywall and liquid wastes remain segregated from the material on the tipping floor. Based on operations at existing facilities,CBM experiences approximately 3% residual waste overall, which is well below the 10%maximum allowable. The LEA has also requested information pertaining to the quality control of incoming loads,and particularly of the liquid waste loads. CBM has operational controls currently in use that will also be implemented at this facility. All liquid waste haulers(pumpers)are licensed by EHS,and are required to complete a pre-qualification questionnaire which identifies all potential wastes that will be delivered,the chemical constituents of those wastes,along with the company name, and EHS license number and other pertinent details related to the hauler. Each time a delivery is made to the site the pumper provides a manifest which identifies what is being hauled in this specific load. The manifest is attached to the transaction that records each delivery in the record- keeping system. Inn this manner,the quality of each load is identified and tracked for proper quality assurance. These and all other records which are routinely kept to track all activities at the site,would be available for inspection by the City Waste Management Department or the LEA upon request. The LEA expressed concerns regarding activities of illegal dumping that could potentially occur outside the boundaries of the facility at occasions when the facility may be closed,or when a load may have been turned way due to excessive contamination. The following condition of approval will be included with the CUP: The facility operator shall be obligated to routinely clean-up spills of material, which are consistent with that which is normally accepted at the facility, within a 100 foot radius of the perimeter of the site boundary. California Integrated Waste Management Board Permitting and Inspection Branch Region 3,Environmental Review Staff Solid Waste Information System Number(SWIS)No. 36-AA-0404 January 13, 2000 The County of San Bernardino Department of Environmental Health Services, local Solid Waste Enforcement Agency(LEA)has provided comments pertaining to this project. Under the present project description and State regulations,the LEA has determined that a Solid Waste Facility Permit(SWFP) is not required. However, should either modifications to the project operations, or amendments to state regulations change,the LEA has the ability to monitor the operation and in consultation with the facility operator, determine whether a SWFP would be required based on changing operational or regulatory conditions. Even though a SWFP is not required at this time,a response to the CIWMB comments and suggestions is provided for information and clarification. Sources and Quantities of Waste Stream/Source-separated or Mixed Materials The following clarification of the incoming waste stream has been included in the Project Description: Types of Materials Received for Transfer: The transfer station has the capacity to process up to 500 tons of material per day. The average daily processing will be approximately 300 tons. No material received for transfer will remain on-site (on the tipping floor) for longer than 48 hours. Liquid food wastes are collected within tankers located within specialized containment areas and are transferred off-site at least once in every 24-hour period. All material arriving at the facility is source-separated. Green waste,food scraps and paper are commingled on the tipping floor as material is loaded for transfer. The large pieces`of wood, drywall and liquid wastes remain segregated from the material on the tipping floor. Materials Received for Transfer Table 1 Waste Material Percentage of Material Received Green waste and wood 60% Food Scraps and Paper 20% Liquid food wastes 10% Drywall 10% Materials Processing -Wood.• Wood waste typically consists of source-separated clean dry wood/lumber from pallet companies,new construction sites, lumber yards and furniture manufacturers. All wood loads are screenedfor the presence of treated or stained material. Wood from demolition sites is not accepted due the potential for the presence of residues, stains and paints on the wood material. California Integrated Waste Management Board Page 2 of 3 Liquid Food Waste: Liquid feed stocks will include restaurant grease trap material,potato peelings, and whey from dairies, will be brought in by tanker truck(pumpers)and directly pumped into a tankers on-site. Two tankers will be on-site,one will be filled as material arrives, and once filled will depart for transfer to the compost facility. A second tanker will be on-site for stand-by situations. The liquid wastes are never mixed with other greenwaste material on the tipping floor. The liquid food waste tankers will depart from the site at least once in each 24- hour period. �. Curbside Green Waste: Typically includes grass, leaves, and branches from trees and shrub pruning collected by the commercial waste haulers in local communities. Commercial Landscape Material: Consists of larger woody material such as large scale tree trimmings and stumps,mixed with green waste which is typically generated by landscape contractors and gardeners. Commingled Food Scraps and Paper Waste (Commingled Organics): Consists of fruit and vegetable residue from food preparation collected from restaurants. Food scraps are typically commingled with wastepaper products at the source of collection. Destination of Transferred Materials All material transferred from this facility will be sent to compost facilities with valid Solid Facility Permits. The compost facilities operated by California Bio-Mass include Coachella Valley(Thermal)and Victorville. Removal of Transfer Materials/Odor Impacts Waste collected from restaurants, both liquid food waste, and food scraps, must be collected from the source daily in accordance with County Environmental Health standards and regulations. Therefore the waste will be delivered to the facility on a daily basis. The liquid food waste which is collected and transferred by tanker trucks,remain on-site until the tanker is full, or a maximum of 24-hours. The commingled food scraps and paper are mixed with green waste on the tipping floor and loaded daily in to the transfer truck for removal to the compost facility. The material deposited within the transfer building would remain no longer than 48-hours in a worst case scenario. Removal of Trash The removal of trash from the tipping floor is deposited into one of three disposal bins provided under contract with the commercial waste haulers. Each hauler empties its respective bin at least twice per week,more often if needed, for disposal at the County landfill. The maximum waste residual permitted for a greenwaste collection facility is 10%,based on current operations at other facilities,CBM typically experiences approximately 3%residual waste overall. California Integrated Waste Management Board Page 3 of 3 Public Access The transfer building will be designed,constructed and operated with public safety in mind. Spotters will direct traffic as they enter the transfer building and direct the hauler to a position to unload on the tipping floor. All operations will be monitored by trained staff and personnel to ensure safety for both employees and the customers to the site. Distance to Residence The distance to residential areas to the east and west is approximately 1,000 feet. In response to comments by the CIWMB the project description will be modified to clarify more precise distances. Single-family residences are located within 1,000 feet of the site both easterly and westerly. Residential neighborhoods are located easterly of I-215 along Kendall Drive (900 feet from the site boundary),as well as westerly of BN/SF rail line and Cajon Boulevard in the Muscoy area(800 feet from the site boundary). Regional transportation corridors and/or rail lines separate both residential areas from the site. These corridors serve to diminish any perceptible impacts from this facility to these neighborhoods. Site Drainage The design of the site and the proposed methods of operation are intended to prevent stormwater from coming in contact with spillage if waste material. Both the fuel storage tanks and the liquid food waste tankers are located within concrete containment areas which are designed to control 110%of the tank capacity in the event of any spill. As such this material will be prevented from coming in contact with storm water. The tipping floor will be cleaned using dry methods such as daily sweeping and commercial street sweepers. Transfer trucks,tankers and collection truck will not be washed at this facility at any time. The transfer trucks and tankers are rinsed/washed at the compost site at the time the material is transferred and unloaded,the collection vehicles are cleaned by the respective haulers at their own corporate yards. Water is not necessary for dust control purposes during operations;all on-site circulation routes are paved surfaces,and the tipping of material occurs within an enclosed building,which contains an interior misting system. Map Orientation The orientation of the north arrow on the Vicinity Map,Figure 1,is correct as represented based on information by the civil engineer. Rail Haul of W e ` The future potential for rail use at the site would be exclusively for the delivery of product that is to be packaged at the bagging plant. Packaged material will be removed from the site by truck,and there would be no change in the operations related to the transfer station. California Regional Water Quality Control Board. Santa Ana Region, Land Disposal Section January 19,2000 l.a. Initial Study, Water IV(c): The discussion of impacts to local storm drain facilities, as a result of project development, is included within the Initial Study Discussion of Impact Levels and Mitigation Measures section IV. In response to the RWQCB comments,the following sentence has been added at the end of the discussion in section IV.c: The project proponent is required to confer with the RWQCB and comply with the National Pollution Discharge Elimination System regulations prior to start of facility operation. l.b. Both liquid food waste and fuel tanks are located within areas specifically design to contain 110%of the associated container volume in the event of spills or exposure to stormwater. These specially designed concrete containment areas are identified on the site and grading plans(on the westerly portion of the site). The containment criteria has been added to the Phase One project description to further clarify the site design and operation as depicted on the grading plan. The project Description specifically identifies that fishery waste and raw meat wastes will not be accepted at the facility. This is accomplished through the record keeping and manifest requirements of all liquid waste haulers that enter the facility. 2. See comment added in response to La.,and the discussion in WATER/IV.a.as been modified as follows: The proposed plans for drainage must be approved by the City of San Bernardino Public Works Department,the San Bernardino County Flood Control District, and the Regional Water Quality Control Board. Above ground fuel tanks are included in the proposal for the facility and are shown on the site and grading plans and identified in the project description. In addition, within the Discussion of Impact Levels and Mitigation Measures section Hazards/IX it is noted that the above-ground tanks are located within concrete containment areas and that a Hazardous Materials Business Plan must be filed with the County Fire Department Hazardous Materials Division. The following has been added to section IX.a as suggested by this letter: In addition, a statement regarding above-ground fuel storage must be filed with the State Water Resources Control Board, including a Spill Prevention Control and Countermeasures (SPCC)prepared by a registered civil engineer. Handwritten notes provided by City staff prepared by Mr. Stewart Cummings, area resident. January 21,2000 Mr. Cummings expressed the importance of specifically referring the Cimarron Ranch residential development which is located westerly of the site in the City of San Bernardino. Cimarron Ranch is an existing residential development consisting of 384 homes. This information will be included within the project setting of the project description. INITIAL STUDY CHECKLIST Initial Study Checklist La. The proposed project is designed to conduct all transfer operations within a completely enclosed transfer building. Industrial neighbors in the immediate area include San Bernardino Steel and Jack's Disposal corporate yard. The heavy industrial zone is the ideal location for a facility of the nature proposed by California Bio-Mass. Initial Study Checklist III f Mr. Cummings is correct in that the site is located within the High Wind hazard area as identified by the City General Plan. For this and other reasons,the decision was made to conduct all transfer activities within an enclosed transfer building. Any litter that may be blown from incoming vehicle loads would be picked up as part of routine site maintenance, as well as by a condition which has been added to the CUP to require the following: The facility operator shall be obligated to routinely clean-up spills of material, which are consistent with that which is normally accepted at the facility, within a 100 foot radius of the perimeter of the site boundary. The following condition will also be included with approval to the CUP which will address Mr. Cummings concerns: The facility operator is required to pick up stray wind blown litter on the site on a daily basis to maintain the site in a clean, neat and orderly manner. Initial Study Checklist IV.c. The site is designed to discharge stormwater drainage to Cable Creek and Devils Canyon Diversion Channel. Requirements of the City Public Work Department, County of San Bernardino Flood Control District, and the Regional Water Quality Control Board are routinely required of through the plan review process. The checklist will be modified to reflect a"Less Than Significant Impact"to the drainage channels. Initial Study Checklist VA The facility is designed to prevent odor from being present or noticeable beyond the boundaries of the project. All unloading of green waste and commingle organics will occur within the enclosed transfer building,and all transfer of liquid waste will occur by pumping directly from the incoming truck to the pumper truck available on-site specifically for this purpose. The interior misting system is operational any time that loading and W unloading is in process. Not only does the system provide deodorizer it also acts to eliminate the generation of dust within the building. Initial Study Checklist VI.a The estimated number of trips generated by the project has been determined based on extremely conservative factors and passenger car equivalent conversions l Mr. Stewart Cummings, area resident Page 2 of 3 rates. The resulting 440 vehicles represents a 7%increase in A.M.traffic at the intersection of Industrial Parkway and Palm Avenue, and a 5% increase in A.M. peak hour traffic at the intersection of Hallmark Parkway and University Avenue. Industrial Parkway/Hallmark Parkway is a Heavy Industrial corridor with excellent freeway access. The proposed facility is only an incremental part of the anticipated growth in this corridor. Initial Study Checklist VI.f Conflicts with school bus routes would occur only along University Parkway between Industrial Parkway/Hall mark Parkway and the on-and off- ramps to I-215. The current traffic volume in the segment of University Parkway is a combined east/west total of nearly 10,000 vehicles during an average 24-hour period. The vehicles associated with the proposed project are only an incremental increase in this overall total and would not by themselves create significant impacts to school bus traffic. Initial Study Checklist VII—c. The proposed project will not disturb the conditions within either the Cable Creek or the Devils Creek Diversion Channel,and will not cause a loss of valuable alluvial fan sage scrub habitat. The project site is in the immediate vicinity of intensive industrial activity such as California Steel which may already have caused changes in the migration of wildlife from the upstream and downstream reaches of these creeks or Cajon Canyon. Initial Study Checklist IX a/c There will be no stormwater contact with greenwaste which is collect and delivered to the site for transfer. All loading and unloading activities will occur with in an enclosed building. The operators will not accept any loads none to contain hazardous wastes or materials,however, in the event of inadvertent delivery of such materials emergency response procedures will be in place with appropriate permits form City and County Fire Department, including the Hazardous Materials Business Plan to address emergency response procedures. Mr. Cummings identified a potential inconsistency in the Initial Study Checklist pertaining to items IX.a and IX.c. The mitigation measures related to the accidental spills of petroleum product is actually in section IX,therefore the X should be"Potentially Significant Unless Mitigation Incorporated". Whereas, operation controls and standard requirements of regulatory agencies do not require additional mitigation in section IX.c realted the exposure of people to potential health hazards. Initial Study Checklist X a The proposed facility will be conducted within the enclosed transfer building. Operation of the facility will be conducted consist with minimum performance standards established by the City of San Bernardino. Mr.Cumming's correctly notes however, that the proposed facility will add to the increasing level of the entire area develops. The checklist has been modified to reflect a"Less Than Significant Impact". Initial Study Checklist X a The proposed facility is designed with adequate and appropriate on- site fire prevention measures, including fire suppression systems within the buildings and fire hydrants spaced throughout the site as required by the Fire Department. However,the checklist will be modified to a"Less Than Significant Impact. Initial Study Checklist XIII.b. The project is designed to provide landscape screening and a wall along the Industrial Parkway street frontage(westerly property boundary). This will effectively Mr. Stewart Cummings, area resident Page 3 of 3 screen all on-site activities from public view of the streetscape(refer to Landscape Plan,figure 4). With these measures there will be a"Less Than significant" impact to aesthetic resources to the area. DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES III EARTH RESOURCES: The grading of the site will be accomplished under strict erosion control measures that are standard requirements of the City Public Works Department and the Santa Ana Regional Water Quality Control Board. Therefore,there will be no resulting impact to the Santa Ana River watershed,and mitigation is necessary beyond that which has been included in the Initial Study. Mr. Cummings has noted that the existing operation in Bloomington has "created significant off- site impacts at a cost to the County". The facility in Bloomington has been in this location for approximately 7-years and is inspected monthly by the LEA and annually by the RWQCB. Only one violation has been issued in this time frame from the LEA, related to the acceptance of material not specifically identified in the current permit. The primary issues related to the Bloomington facility are derived from the fact that CBM does not own the underlying property, and sre not able to complete all conditions of the CUP which require dedications of land and permanent public improvements. IV. WATER The site located at the confluence of Cable Creek and the Devils Canyon Diversion Channel as noted by Mr. Cummings. The site is not subject to impacts from flooding impacts as identified by the FEMA maps, City Public Works or County Flood Control District. Mr. Cummings is correct in his statement that the operator must confer with the Regional Water Quality Control Board and comply with requirements of the National Pollution Discharge Elimination System. V.AIR O A ITY Estimates of construction and operational conditions have been estimated using the SCAQMD CEQA handbook(Appendix A0. The results of those calculations are presented in Tables 5 and 6. The proposed project does not exceed the recommended SCAQMD thresholds for significant impacts. IX HAZARDS. The fuel storage area is located within a special]Y design concrete containment area which can contain 110%of the fuel tank volume. This design is intended to prevent impacts to stonnwater and is a standard requirement of the City and County Fire Departments. _)III AESTHEICS. The following modification will be included in the second paragraph of section a. The existing condition of the project site is vacant, disturbed land. Development of the site will reduce the existing visual impacts associated with illicit dumping and other disturbance. The proposed project will not obstruct any significant or important scenic views. Landscaping of the street frontage will enhance views from the immediate vicinity, as ell as providing a buffer and screen of an-site activities from the streetscape (west property boundary). ALDER STREET PROPERTY OWNERS &RESIDENTS ALDER STREET BLOOMINGTON. CALIFORNIA 92377 (909) January 3, 1999 Planning Commission City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 - San Bernardino, CA RE: California Bio Mass Conditional Use Permit Dear Commissioner: Possibly the most important decision that you will make for the future prosperity and development of this very important industrial area of north San Bernardino will be to deny the application for CUP 99-17. The following information has been prepared and documented for you to help you better understand the past history and present conditions of the company, CALIFORNIA Bio-Mass, Inc. (CBM). The company and its principle shareholders have a long and easily documented history of ignoring jurisdictional regulations and the concerns of neighbors. The only way to avoid the future problems which the City and industrial neighbors will expect from this facility is to stop it now. Points that must be considered: CI'W'MB regulations regarding transfer facilities require that the site application for a Transfer Station be submitted to the Local Enforcement Agency and their input be considered for this facility. The Minimum Standards are included as Appendix `A'. CEQA requires a full Environmental Impact Report to be completed for this type of Facility, prior to consideration by this Commission. A Transfer Station requires a Full CIWMB Permit. State Water Quality Board requires that all of the requirements of Title 27 be considered by this Commission prior to action on the facility. Has the Santa Ana Regional Water Quality Control Board been asked to review and comment on this Facility? There is a wealth of factual information on CBM's consistent disregard for conditions of zoning, legal constraints, conditions of operation, local and state regulations and law, and the constant - concern of adjoining property owners. Attached are public documents that have been submitted to various staffs and agencies during the past year in various hearings in San Bernardino and Riverside Counties and the State of California Integrated Waste Management Board (CIWMB). The single most troubling fact in all of this information is that in every case, with a preponderance of negative remarks from regulators, neighbors and respective staffs, CBM has been granted its requests over all Planning Commission -2- January 3. 1999 relevant objections. The question is WHY. Why is CBM so demonstrably cavalier in its disregard to regulations, while embraced and promoted by selected elected officials and administrators? San Bernardino County has just required that the Alder Street facility be closed by April 1, 2000. This however was allowed to remain open primarily because of the needs of the City of San Bernardino. Has this Commission reviewed the long list of violations that existed for years and were acknowledged by authorities and suffered by the neighborhood? Has County Code enforcement been called to inquire as to the operational standards employed by CBM? During these recent hearings CBM refused to accept responsibility for ground water cleanup at this site. The CIWMB staff reviewed the Riverside county facility application for Permit in December 1999 and their report is attached as appendix `B'. The staff noted violations of the CBM permit during that inspection and as you read their summary, you can understand the concerns of all of us that have a knowledgeable grasp of what CBM does in their day to day operations. Waste Management, Inc., the nation's largest waste hauler, is apparently the single largest customer for CBM and reportedly a strong backer for their facility in Riverside. Has there been any disclosure regarding future intentions for transfer and waste management within the City? This facility is subject to CEQA, and has no EIR prepared. CBM has had only a cursory brush of review of a very limited Initial Study by the applicant with no formal study by an outside jurisdiction or agency. Types of materials to be handled include grease trap liquids and food wastes (pre and post consumers) are the most difficult and malodorous of materials to deal with. There is no information as to the time that materials will be on site and handled duripg operations there. What is the protection against odors, ground water pollution, vectors, and health and safety issues? We are protesting this facility for the health, safety and protection of the people that live in our San Bernardino Valley. � �G�ct� Al Sincerely, Beverly ibson Consuelo Alvarez C/ cc: City Council Members & Mayor City Administrator SB Economic Development Agency San Bernardino Sun Telegram Riverside Press Enterprise enclosures: A. Article 6 Transfer Operations Regulatory Requirements / Minimum Standards B. CIWMB Board Meeting December 1415, 1999, staff report on CBM, Riverside C. Riverside County hearing reports Received Jan-12-00 03:38pm from 9093845080 -► LILBURN CORPORATION pagd L2 JAN-12-00 16.36 FROM.City of Sedno P1ng/B1dg ID-9083846080 PAGE ' 2Mk% t COi W OF MN tBili#RpR1(,. DEPARTMENT OF PUBLIC HEALTH HLWN3wenSYSM Et1!!1E HFJ113H SERVICES THOMAS J.PRB40FUMST,JR,MID,MPH' Vs=VwM Arravi<nd/Nrt m - Ssa Benwd'aN.CA 924154169 - MM 854-4M Oireotor of ftWla Health D 1647 Es*Hon BoWna d • Orcude,CA 917U • (999)486-9873 Q ISM 0&Dtirt • VMwvMle,CA 92392 • (750)2434141 PAMEL.LA V.SENNEM REM%MPA O ITM Mew ladnard - Foahoa,CA 92330 , (M)33Ii-6444 Chlst, Division of ginvirontnental Maim sax sa wdu C"M vector rmw Pfogrm AM"rA69 W4 aaa ee 22�F.asf FM Strd - &W Bert V01C.CA 32416-OW • (609)M 4W no.r�.10 m4ato ok Apob1a%sY tindSn January 11.2000 sto a " ca.>...� mt.. i�eaam. a:,,e Hft RW% OPRO &M Ms.Valerie Ross a »�7. Departtnerit of Planning and Building Services a � vwtorvoo City of S•3m Bea=dlno Lama t.G,ea Ybc=vattas 300 Narth"D"Street San Reanwdino,C.A.92418 RE: LEA COA7MNTS ON CrrY OF SAN BERNARDINO CONDITIONAL USE PERKM NO.9947 AND DRAFT'I2-10-99 CXQA MITIAL STUDY AND PROPOSZD MITIGATED NEGATIVE DECLARATION FOR.A,PROPOSED GREEN WASTE TRANSFER FACb(X TX Dear Ms.Ross: Thank you for the opportunity to review the subject do=nenu received by the LEA on Deczmber 15, 1999. E_uclosod are out comments. Please address our commeuts in writing prior to adoption of the negative declaration and CUP approval. Please telephone me at(909)387-4655 if we need to discuss anything. Siucerely, NUA 13.Steveas,REHS Waste Managcmcnt/I.EA Section M BS= Enelosure cc: Suz0=8 Hambleton-CNVMB(SacrarJ a to) William L.Isbmael—GIV&M(Sacnamcato) D1a3me Obiosuniva—CIWMB(Fullerton) Dixie Lass—Santa Ana RWQCB Rick Gluck—South Coast AQMD Michael J.Hardy- Califomia Bio-Mass,Inc. S:Seoi•®IJCA-8i -MM Stn Benw t a 01-1140 LEA CUP&CBQiI Com =ft Corer Utwr.dae c:TL..., H'.:•,"'"`�'•i is 7st,. 1 ??x'17:`"1 P!2�NLi•`•rMn7r %u>�v+:i:: ??4N^3 Nr.Y�Stp1a1 .. ... *TI^3]is4•ci 14"rdilrvr:c.S lttl'JtCK:_a:=-tt crfart,rt:rl.• trec{e fltlSK................. Received Jan-12-00 03:38pm from 9093845080 4 LILBURN CORPORATION page 3 JAN-12-00 16.38 FROM.City of SBdno F1n9/B1d9 ID.S093846080 FACE 3/4 LZA CO1VI WENTS ON CITY OF 3AN B1 N RDINO CONDjTIONAT TI4F nET2l1DT NO.22:17 AND DRAFT 12-10-39 C C1A AX.STUDY AND PROPOSED MT1'TC�ATD NEGATTVF DPCIt ARA TIpN ROJ9 t Deco on-Many knPortant details pertaining to the proposed transfer facility are absent, vague alld/or inconsistent. The CbQA project description must be acc,n_Ae,thorough,and consistent with details in other do"n"uts controlling this project,(iucludina those which could be presented to the LEA later in a technical doc "`t arch as a Transfer/Processing Report). Vagueness in these CUP/MA documents could limit the scope of operations described in auy later required Solid Wage Facilities Permit(SWFP). Zn particular,the LEA is coucerned with the possibility that inadvedf t composting,fermentations and/or vector breeding attraction could occur within the 48 hour mum holding time at tljs f u ility and that such possibilities(and their attendant problems)have not been adequately addressed in this draft CEQA Initial Study and oould negatively impact residences located within 1,000 feet of the facility. The LEA would encourage mum-holding times for post-cowumer food waste and liquid waste/putre scible organics(and other similar materials)for W more thall 12 to 24 hours. durl9dfc9on-The proponent identifies the proposal as being a"transfer facility"and recyclazag canter,but that it is not a"solid waste transfer facility"needing a SWFP from this Local F.nforcelnent Agency(LEA)of the California Integrated Waste Management 1�oard(CIWNS). Title 14 California Code of Regulations(CCR)$17402.5(d)provides a"two-part test"for a recycling center to be excluded from the requirement of needing a SWFP: "(1).._[it]only rweive[s]uutexial that has been separated for reuse prior to receipt"and "(2)The zcsidu2l 2=onzt of solid wme in this material[is)less than 10%of the amount of separated for reuse material received by weight." (Me percentage is calculated on a monthly basis). The LEA has minimal concern with the transfer of curbside green waste,wood materials and Commerci211andsmpe waste in this proposal,however because of insufficient details in the CEQA project description(and pit also not adequately descnbcd in supplemental iz brmation.furnished to the LEA)both as to the tuechanics of the source-separation process and the QA/QC to exclude contaminants,the LEA is concaved with the proponent's position that post-consumer food waste and liquid vvasW putrescible organics can:(1)be assured of always berg"source.deparated recyclables," aild(2)without a monthly 10%residual of solid waste. Reccut iufomlaxion from the applicant:indicates that it lecognizos the perms-o ity of fature SEA jurisdiction over this tzwmfer facility,and that in the future a detamination could be made that the beflaty is a solid waste transfer/prnccssing iaellity requiring a SWFP. Additionally,the LEA believes that possible changes to or new tiering of regulations pertaining to organics axe also potelztial sources of LEA,judsdiction over this transfer facility, __ There are several problems and perhaps even contradictions in considering post-to==Cr food waste and liquid waste/put re:sclbIc organics as-source-separated recyclables." Historically in Califeruie, such food waste and liquid waster pu>rtescible organics have oAe a been regvlatod as potential public health threats subject to local ardinaucrs and state xtgulations(rather than being"source-separated reayclables"), Fmtber,although the applicant bas chosen to label Such food wastes and liquid wasta/ putrem''ble organics as"source-separated recyclables,"the present proposal lacks sufficient detail to Received Jan-12-00 03:38pm from 9093845080 LILbUrsn JAM-12-00 SS- 3e FRom,city or SBdno Flag/Bldg ID,9093e4S060 PAGE 4/4 LEA-CUP&C13QA L S C nm=n-01-1 z 2oo0 CAL Bto-plena.Lott:San Bemudmo Trzrsfer Nacdity Page 2 of 2 support this categon2atiou. Fven the label of"commingled recyclablos"could be vague and inapplicable as to these food wastes and liquid wvastd putre=ible organics. The LEA believes that without sufficamt controls that"flowrx separated recyclables"or"eomMAagle recyclables"might never clearly estsblith such identities and/or that such identities could be lost and 0=feedstocks could at some point appear to be`iuixed solid waste." Also,it is the LFA's underawnding that the applicant has permiacd/will be permitting'Mixed Solid waste Composting Facilities"in Therma and Victo rville,CA,to allow flexibility so that mixed solid waste from this transfer facility(in addition to"sonmcasepantted rtcyclablee)could comprise substzaztial portions of the feedstocks arriving at each composting facility. To solve these jurisdictional issues the LEA is agreeable to following the applicant's suggestion of an LP `fight-to-revise"the t usfec facility's"recycling ccatar"designation in the future with the Mowing suggested CEQA mitigation/CUP condition to be applied to this proposal: u for and rxeive such SWFP in a diligmt=d firnely mgt„ jndshajlbe_cLbliszated to comely mddh.all other agOcable state sad local permits and rmM at=MgWMentc" Other NLitigations/Conditions-Since the LEA will not presently exercise jurisdictions Oyez this transfer facility(and th=fare cannot require specific uuitigatiozls/conditions in a SWFP,mitigation details in a technical document such as a Transfed PmeassixtS Report,nor mitigation by adherence to State K imm a Standards in the design and operation of a Solid Waste Tzausfra/Pmcessing Facility pursuant to 14 CCR Chapter 3.Mini++:n n+Standards for Solid Waste Handling and Disposal (§17406.1 et seq.),the LEA suggestx an additional CEQA mitigation/CLIP condition as follows: "In the dm i gn and crpc-ratlnn of tIds transfer fatuity theme•limner owner will nae best gMsts to wsure that the f4dWl c sub 9=ti0ly adheres to the same c, attt Miniminn Q1 - A.rcigJ Wald =Iy to a Solid Waste'i'rsnsfaL E g F�I' sent o 14 CCR§1740 I gl forcernmt of such'star g'shall remain vrith the City of Sm Berna_rdina vtc.h in. ua- ,MW wlsers this facility m�Y ltiect to is yudWiajsm of the Local En forcemr�l gam and mudus,Lbz imance of a Solid Waste Facilities Permit" An altemative approach to this geneidc mitigation/condition could be specific CEQA mitigations/ CLIP conditions(solely enforceable by the City of San Bernardino)incorporating the essence of the foregoing State Minimum Standards. The LEA believes that most issues addressed by these standar&(design,burning wastes,cleaning,drainage,dust,hanrdous/liquids/special wastes,litter, noise,non-salvageable items,nuisaace control,maintenance,personnel health and safety,protection of users,roads,samtasy facilities,scavenging/salvaging,signs,l,oadcheckiung,paining,solid waste removal,supervision/personnel,training,vector/bird)animal control,record keepbj& communications/fire fighting,equipment,housekeeping,lighting,other equipment,site security,site attendant,teak control,visual screening,and water supply)could be potential problems as this proposed transfer&rility and in need of appropriate CEQA mitigations/CUP conditions enforceable by the City of San Bernardino, evan though the LEA might not have present,jurisdicton at this facility. ? ++r.Ne.�.n er..s+omwfp.p+a•n�as.ts7txts..�„r w Jtate of California California Environmental Protection Agency MEMORANDUM To: Scott Morgan Date: January 13, 2000 State Clearinghouse P.O. Box 3044 S ento, CA 95812-3044 Valerie Ross - City of San Bernardino JAN _ H030 Department of Planning and Building Services 300 North "D" Street DEVELOPMENT SERVICES DEPARTMENT San Bernardino, CA 94218 From: William L. Ishmael, IWMS Environmental Review Staff Permitting and Inspection Branch, Region 3 Permitting and Enforcement Division CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Subject: SCH #99121060: Notice of Completion (NOC) of a Mitigated Negative Declaration (NfND) for the construction and operation of an organic recycling and transfer facility in the City of San Bernardino (proposed SWIS #36-AA-0404) in San Bernardino County. California Integrated Waste Management Board (CIWMB or Board) Environmental Review Section (ERS) staff have reviewed the environmental document (ED) cited above, and offer the following description and analysis of the proposed project based on ERS staffs understanding of the project as described in the above documents. PROJECT DESCRIPTION The City of San Bernardino, acting as Lead Agency, has prepared this ED in order to consider and evaluate potential environmental impacts that could be related to the establishment and operation of this proposed facility. The project applicant, California Bio-Mass Inc.,has applied for a Conditional Use Permit(CUP 499-17) from the City of San Bernardino to establish and operate a proposed organic material recycling and transfer facility to be located on a 10.28-acre parcel on the west side of Industrial Parkway, north of University Parkway and west of the I-15 Freeway in the City of San Bernardino. Access to and from the facility will be off of Industrial Parkway. The Land Use Designation(General Plan/Zoning) is Heavy Industrial (IH). Adjacent land uses are also zoned IH. Adjacent properties are vacant, with the exception of San Bernardino Steel Co. located immediately to the north. Single-family residences are located within 1,000 feet of the site both easterly and westerly. ER staff comments for the California Bio-Mass Transfer Facility Page 2, According to the project description in the Initial Study (IS), the applicant proposes to construct and operate a facility for the collection, transfer,bagging/warehousing and marketing of green waste and other organic materials. The facility will be owned and operated by California Bio- Mass Inc. The applicant proposes to build a 14,400 square foot (sq. ft.) transfer building (when complete), a 2,700 sq. ft. office building, a 4,000 sq. ft. maintenance building, a 7,500 sq. ft. canopy and concrete pad, and a 90,000 sq. ft. warehouse and bagging plant(when complete) in four phases. Construction of all buildings will be of prefabricated metal on concrete slabs and all buildings will be equipped with fire sprinklers. Phase Four(date unspecified) will also include development of rail spurs, for railroad loadout capability. The proposed facility will accept up to 500 tons per day (tpd) of green waste, wood waste, wallboard, paper, pre- and post-consumer food wastes, and liquid food wastes. Incoming vehicles to the facility will include employees (35 vehicles per day), collection vehicles including tractor-trailer combinations, two-axle trucks) and small vehicles including pick-up trucks and delivery vehicles (up to 30 vehicles per day) for a maximum of 85 vehicles per day. This would also be equivalent to 440 passenger car equivalent vehicles (PCEV)per day. Feed stocks and produce waste will include grease trap, food scrap waste and other liquid residuals from food processing, particularly from restaurants and grocery stores. The facility will accept source-separated scraps of wood from pallet companies, demolition and construction sites, lumber yards, and furniture manufacturers. The facility will also accept drywall scraps from construction and demolition (C&D) sites. All transfer activities will take place inside the transfer building. Incoming loads will be screened for contaminants prior to unloading and unacceptable loads will be directed to a landfill for disposal. Accepted loads will be unloaded on the tipping floor and hand inspected for contaminants. Contaminants (rocks, dirt, metal, glass, excess trash, etc.) will be collected, stored, and removed from the facility on a weekly basis. Transfer material will be loaded onto transfer trucks and transported to another site for processing within 48 hours. Liquid wastes will be brought in by tanker and transferred directly to another tanker truck on-site and transported to the compost facility. Liquid waste will not be mixed with greenwaste on the tipping floor. End products produced at other sites will be available for on-site sales, including ground cover and decorative bark, mulch, mulch and other soil amendments, as well as sand and gravel. Approximately 200 cubic yards of stabiiized finished product wily be available on-site at any given time. No composting will occur at this facility. The facility is proposed to be open to the public from 7:00 a.m. to 5:30 p.m., Monday through Saturday. Operational activities may occur 24 hours per day, including site and vehicle maintenance and material loading and transfer, along with bagging and loading activities conducted within the warehouse. SOLID WASTE FACILITY PERMIT ISSUE It is unclear, from review of the ED at this time, if regulatory approval for a solid waste transfer station or composting facility is required for this project. etc stall comments for the California Bio-Mass Transfer Facility Page 3 Determining the level of regulatory permit or approval required for compost facilities or transfer facilities is not a function of ERS staff. This determination should be made by the Solid Waste Local Enforcement Agency (LEA), in consultation with the facility operator, and CIVRYM Permits Branch staff. If the proposed facility is to be operated under a Standardized Permit, or a full Solid Waste Facility Permit(SWFP), CIWMB concurrence will be necessary for the approval of the permit. The ED, as prepared by the-Lead Agency, will have to be used by the CIWMB for environmental review purposes as a Responsible Agency, as outlined in CEQA Guidelines, CCR Section 15096. The adequacy of an ED for CIWMB concurrence purposes can only be determined when the project description and findings in the cited ED are compared with the specifications, terms, and conditions in a proposed SWFP. SWIS NUMBER For reference purposes in our files, CIWMB staff have assigned the following CIWMB Solid Waste Information System (SWIS) number to this proposed facility: SWIS #36-AA-0404. RESPONSIBLE AGENCY COMMENTS If the LEA determines that a Full or Standardized SWFP is required for this facility, now or at a later date, the CIWMB will need to review the ED cited for that project to determine the adequacy of the ED for CIWMB concurrence purposes. If this ED will be cited to support SWFP approval and concurrence, ERS staff respectfully request that the Lead Agency provide a written response to the following comments and questions. While this is not a requirement under CEQA, responses to these comments and questions would greatly facilitate our evaluation of the ED for CIWMM concurrence purposes. If a SWFP is not required, no response will be necessary. Those comments and questions are: Sources and Quantities of Waste Stream The IS indicates that food waste and liquid food waste will be received from restaurants and grocery stores. What tonnage or proportion of the total waste is estimated to be from these sources? What will be the source and estimated proportion of the greenwaste, woodwaste, wallboard, and paper that will be accepted at the facility? The proportional quantities of these materials could be an important consideration in the analysis of potential impacts from facility operations. Source-separated or Mixed Materials Page IS-8 and IS-10 of the IS indicate that the wood waste will be source-separated clean dry wood/lumber from pallet companies, demolition and construction sites, lumber yards, and furniture manufacturers. Will the greenwaste, wallboard, food wastes, and paper also be source- separated? This is an important consideration in considering the level of regulation, if any, required under solid waste regulations. Page IS-8 indicates that the facility will receive source-separated scraps of wood and drywall from construction and demolition (C&D) sites. Used drywall can contain various types of paint, asbestos, and adhesives. The ED should explain project features intended to insure that these potentially hazardous materials are excluded from the compost feedstock and products. ER staff comments for the California Bio-Mass Transfer Facility Page 4' Will the woodwaste be screened to prevent the acceptance of treated woodwaste? C&D material can contain wood treated with pesticides, fungicides, preservatives, and other chemicals that may be hazardous. Will these materials be screened and excluded from compost feedstock and products? Destination of Transferred Materials The IS indicates that the materials will be transferred to another site for processing. For an understanding of the overall project, the potential impacts, and the regulatory considerations, the other site or sites should be identified and explanation given as to what further processing will take place. Will the materials be further separated or processed prior to composting? Have the transportation impacts of hauling these materials to and from other facilities been considered as part of this environmental evaluation? Removal of Transfer Materials/Odor Impacts Page IS-10f the IS indicates that all material will be transferred to another site for processing within 48 hours. Pages IS-32 and IS-33 indicate that this Iimitation along with proposed odor control through the misting system will be adequate to control odors to less than significant levels. How often will the materials, especially the food waste be collected and brought to the site? If the food waste or other organic waste sits in collection containers for extended periods of time before being brought to the transfer facility, there is a possibility these materials could already be in an advanced state of putrescence prior to tipping on the facility floor. Has this possibility been considered as part of the odor evaluation? Depending on the quantities of food waste and the condition of the materials when received, the Lead Agency should consider mitigation of odors by limiting the time that the materials are on site to a shorter time period. Removal of Trash Page IS-9 of the IS indicates that contaminants and other trash pulled from the tipping floor will be collected, stored, and removed on a weekly basis. Where will this residual material be taken? What percentage of the overall waste stream is estimated to be residual materials intended for disposal? Under solid waste regulations for transfer operations and facilities (CCR Section 17410.1), solid waste may be required to be removed within 48 hours. The Lead Agency should clarify this point with the LEA when the determination is made relative to any SWFP requirements. Public Access Pages IS-9, IS-30, and IS-33 of the IS indicate that waste materials will be received from private vehicles. If the public is allowed to come onto the site and unload materials on the tipping floor, public safety during these activities is an important consideration. Traffic control should be in place to keep public vehicles separated from commercial vehicles. If a SWFP is required for this facility CCR Section 17408.8 will require that "an operation or facility shall be designed, constructed, operated, and maintained so that contact between the public and solid wastes is minimized. This may be accomplished through the use of railings, ER staff comments for the California Bio-Mass Transfer Facility Page 5 curbs, gates, fences, and spotters." For SWFP concurrence purposes, facility design and operations intended to satisfy this requirement should be described and evaluated in this ED. Distance to Residences Page IS-12 and IS-38 of the IS indicate-Tthat single-family residences are located within 1,000 feet of the site to the south and the west. How close within 1,000 feet are these residences? What is the actual distance to the nearest residences in both directions? Was the actual distance to residences considered in the environmental studies for noise, odors, litter, aesthetics, and light and glare? Site Drainage Page IS-25 and IS-28 indicate that the site will be graded so that run-off water will be directed to the western-most corner of the property and potential drainage impacts will be mitigated by directing the run-off through a 24-inch pipe outlet to the Devil's Canyon Diversion Channel. Transfer stations have the potential for the spillage of waste materials on-site including the spillage of liquid wastes during transfer. Transfer facilities also typically include the washdown of tipping floors, trucks, and other equipment on-site and watering for dust control. These activities can create contact water that might get into the drainage systems and contaminate run- off water. CCR, Section 17407.3 of the transfer station regulations will need to be considered and enforced if this facility requires a SWFP. This section, among other requirements, requires the operator to prevent to the greatest extent possible, given existing weather conditions, the uncontrolled off-site migration of contact water. For SWFP concurrence purposes this ED should describe any project features that might produce contact water, consider potential impacts from contact water, and describe facility design and operations intended to ensure compliance with CCR, Section 17407.5. Map Disorientation Figure 1 of the IS, showing the vicinity of the project apparently has the arrow indicating North pointed in the wrong direction. According to our maps the arrow should be rotated 90 degrees to the left. Rail Haul of Waste Page IS-8 of the IS states that "Phase Four will also include development of rail spurs for rail loadout capability." The IS does not appear to describe any details or to consider potential impacts from of this part of the project. If rail haul is implemented, will all transfer operations still take place inside the transfer building? If rail haul is to be part of the project, the ED should describe the loading operations, the quantities of waste to be hauled, the types of equipment used for loading and transportation, destination of the waste, amount of time loaded cars will be on- site, and other pertinent features of the proposed operations. The ED should also consider impacts from all phases of the rail haul operation, including compliance with state minimum standards for waste handling and storage, noise, odor, litter, air quality, and transportation impacts. ER staff comments for the California Rio-Mass Transfer Facility Page 6 FINDINGS AND MITIGATIONS IN THE MND The Lead Agency has identified potential impacts requiring mitigation in the areas of EARTH RESOURCES, WATER, AIR QUALITY, and HAZARDS as a result of the IS analysis. According to the analysis, potential impacts to these areas will be mitigated to a level of less than significant by proposed project mitigation measures agreed to by the project applicant prior to circulation of this environmental document. On the basis of these findings the Lead Agency has proposed the preparation and adoption of a Mitigated Negative declaration for this proposed project. MITIGATION REPORTING OR MONITORING PROGRAM (MRMP) The IS indicates that mitigation measures will be offered as part of this project to offset potential environmental impacts. This is a determination to be made by the Lead Agency. The operator and the Lead Agency should consider the following information: As required by Public Resources Code Section 21081.6, the Lead Agency should submit a N1RN1P at the time of local adoption of the MND. This should identify the environmental impacts associated with the proposed project, identify mitigation measures to reduce impacts to a less than significant level, identify agencies responsible for ensuring the implementation of the proposed mitigations, and specify a monitoring/tracking mechanism. The N0-W is also required to be made a condition of project approval. Recent changes to this Section (AB 314) also require that "A public Agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures." ER staff suggest that the final environmental document establish enforcement procedures and penalties, as well as develop conflict resolution provisions. The MRMP should also indicate that agencies designated to enforce mitigation measures in the ED have reviewed the MRMP and agree that they have the authority and means to accomplish the designated enforcement responsibilities. ERS staff request a copy of any MRMP developed for this project. SUMMARY CIWMB staff thank the Lead Agency for the opportunity to review and comment on this document. CIWMB staff request copies of, and consultation on, any subsequent environmental documents, and any Notices of Determination (NODs) for this project. If the document is to be adopted during a public hearing CIWMB staff request notice of this meeting. If the document is adopted without a public hearing, CIWMB staff request prior notification of the date of the adoption and project approval by the decision-making body. ER staff comments for the California Bio-Mass Transfer Facility Page 7 cc: Dianne Ohiosumua Permitting and Inspection Branch, Region 3 Permitting and Enforcement Division California Integrated Waste Management Board Mark Stevens San Bernardino County Division of Environmental Health Services 385 N. Arrowhead Ave. _ San Bernardino, CA 92415-0160 Received Jan-19-00 02:39pm from 9093845080 LILBURN CORPORATION page 2 JAN-19_00 14 .36 FROM-City of SBdno Ping/Bldg iD.9093e460B0 PAGE 2/4 _ -__ ••••• ' '—— w• • .nun I uJ ue_ u j ar i. IV le%74 7 1G.l It I'I Y1 California Regional Water Quality Control Board Santa Ana Region Arm wtuston�)3ialto: 1rma:sa.�d�a�s:hr�thvrr�. 313?M d*Straw.SWw 5K Rhuside,OgMmi.nX,.3J39 M—mg)7:24M-PAX mg)7v.6m Jammy 19,20W I&,Joe Bellaadi Development Services Depa tm=t City of San Bernardino 300 North"D"Suet San.Bernardino.CA 92418 COMNZNTS ON DRAFT DMAL STUDY AND PROPOSED MI'T`IGATION MMASURES FOR A NEGATM DECLARATION,CALMRMA BIB, PROPOSED ORGANIC REC'YCI NG AND TRANSMR pACyrXry,SAN D ANRDMO(SCH#99121460) Dear Mr.Bellandi: We lave rmewed the above-nkrenced do=mts,romived by the Regional Board'on January 14,2000,and bave the following comments: I. Initial Study,Water w(c),Page IS-16 a. The proponent proposes the discharge ofstomnvater runofff'rom the proposed site to the Devil Carryon Diversim Charxrvel,which is tributary to the Santa Ana Rivet. tinder the"Project Descziption",the Initial Study lzas ideatifiod that a Nadonai Polludon Disahsrge Elimination System WPDES)permit will be required by the Regional Board for the opemdon of the proposed organic recycling and transfer fbulity. However,the Checklist of the Initial Study does not wogaiw The proposed 4=h3r9e of on-site swunwatcr runoff into tba Devil Canyon Diversion Chm=l,and the need to obtain an NPDES permit f mm the Regional Board. flew eorreet this item to be consistent with the project descdption. we strongly advise that at1 NpDES application.be submitted at least 180 days prior to v=-dug aqility opmtions to avow the Regional Board sufficicut time to prepare and adopt the permit. Facility opm-&j on must not begin until an NFDFS permit has been adopted for the facility or until l go dWs have Iagscd since the facr2ity NPDES application is deemed eomplei4 by Board staff. CaWonda Pttvlrmvn�=W Prolacdon Agmey ,/4 Rs�dP4ws Received Jan-19-00 02:39pm from 9093845080 , LILBURN CORPORATION page 3 JAM -1B-00 14-38 FROM.City of SBdno Ping/Bldg 1D-9093846080 PACE 3/4 c i�tw uwKx.0 �v_uiu u rruyYC iru. 7rt7 roto�cw icin. 17 e v m lt.i a m v3 W,Toe Botlaudi -2- J'zzuary 19,2OW Dovelopment Services Dept, City of San Bernardino b. Some of the proposed materials stomd and handled at the facility include peenwastt�, wood waste,liquid food waste,pre-ad post-cousiurler food wash,and fuels. Thm materiah could potentially impact the quality of the waters Of the State if they are not primly msaa8 The Initial Study dots not provide adequate facility design acrd operation details to Support the"NO R dPACT-response, The Initial Study slwuld provide the following additional lnformation,under"Project Description,"to assist in assessing the impact of site operation on the quality of avatars of the State: i. The design and contn==feaWm of all D atcrial storage and homing areas to prevent the commingling of pollutants with==water nmoff. Materials such as liquid flood waste and fuels must have secondary containment to prevent spills and leaks of these materials into the Channel and grmindwater. I A program to effectively dm=atc raw m&d and fishery waste froze tb& incoming liquid food waste and pre-and P=-connmer waste , Additionally,tbrough the Regional Board permitting process,any potentially siBnificaat impacts to waters of the State will be identified and mitigated to significantly redace those impacts. 2. Mitigation 1Vi=Rays,WaW rv(a),Page IS-28 Under Nfit gati,on Measure 1V(a),'the proposed plans for drainage must be approved by the City of San Bmwdino Public Works Depw mews and the San Besaardino County Flood Control District. Phase be advimod that prior to fiKulty construodon,the Regional Board must approve the proposed facility dmgn details,including tlrc siitcc drainage plan,to ensure that applicable Board regairemaus are met. For examples,the Regional Board requim that: a_ The site drainage control system be desig med,collstructoc�and manrtamz to effectively divert run-on and runoff and to prevent ponding,inundation and washout which could oo=as a result of precipitation from a 25-year,24-hour frequency storm. b. All liquid waste storage tanks and aboveground fuel storage tanks must be egwpped with secondary'ooh capable of bolding 110%of the largest tank vol,me. CaworrdaERvironnrr IAd proftetfonAgatgq Received Jan-19-00 02:39pm from 9093845080 4 LILBURN CORPORATION page" -4 JAN-19-00 14.37 FROM.City of SBdno Ping/Bldg ID,809364see0 PAGE 4/4 FROM : CRWLICH-REGION 8 PHaE No. : 909 7816288 .tan. ly �d" u:1&" V4 W.Joe Bellandi -3- Jamumy 19,2000 Development Sarvi=DcpL City of San Ben=dino C'. For any aboveground fuel storage tank that exceeds 660 gallons,cc group of tanim or drums ttw collectivoly exceed 1,320 gallons,a sWrago swernent must be filed with the StaW Water Resources Control Board(S' MCB). A Spill Prawmtian,Control, and Countermeavim(SPCC)must also be prepared by a registered engineer and implemented with the cou==ccment of site operation. Thank you for the opportunity to review and o==t on this project If you bave any qucsdo= regarding this letter,pleno oontact Joanne Lee of our Land Disposal Section at(909)7823291, or you=ay contact me at(909)782-3295. Sincerely, Dixie B.Lass,Ckd Land Disposal Section cc: San Bernardino County Departm,a t of EwAronmem l Health Services,LEA--Mark Stavew California.integrated'Waste Nbnagement Board,Sacmaetuo—Suzoax Hamblma South Coast Air Quality Management District,D=n d Bar—Rick GI=k California Bio-mass,IIx.--Niched hardy City of San Bernardino Dovelopmew Services Department—Valerie Ross Northwest Redevelopment Project Advisory--Stewart Cwwning 1PL291cbiomsis.doo Cawomk Ex�pros *x Ageagp CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPART MENT 300 NORTH "D" STREET, SAN BERNARDINO, CA 92418 • (909) 384-5057 PROJECT REVIEW ROUTING PROJECT: CONDITIONAL USE PERMIT No. 99-17 REVISED INITIAL STUDY JAN 1 2000 TO: Valerie C. Ross—ERC/DRC Chair 'Margaret Park—Planning Di\ision Jim Gondos—Parks& Recreation _ .Mike Grubbs—Public Vl'or Department Cap[. Mike Billdt—Police Department p Lynn Merrill—Public Seri ices Department Rita Ken[—Fire Department Sue Morales—Economic Development Agency Geri Franske—plan Check Bill Bryden—Water Department Anwar Wagdy—Public Worksrrraffic Section Jim Watson—Water Reclamation Plant Councilperson Anderson—Ward 6 FROM Joe Bellandi —Associate Planner DATE: December 13, 1999 Mr. F,/DRC MEETING DATE: January 13, 1999 DESCRIPTION: A request to establish a green waste transfer facility. Plans include up to 60 600 feet of office and warehouse space. Material accepted at the site for transfer include curbside green waste, square i wood materials, liquid food wastes and commercial landscape wastes. Finished materials (mulch and other soil amendments) will be brought back to the facility for bagging, warehousing and distribution. LOCATION (APNT 266-041-71): On the West Side of Industrial Parkway- between Devil Creek Chan Cable Creek Channel. nel and OWNER: SB Economic Development Agency APPLICANT: California Bio-Mass, Inc. GEN. PLAN/ZONING: IL, Industrial Light CEQA STATUS: Subject to CEQA CO-NENEENTS: (USEADDITIO.\AL, SHEETS IFA'ECESSAR)� Please replace the Initial Study that was reviewed for this December 9th DRC with this Initial Study Protect at the n CITY OF SAN BERNARDINO DRAFT INITIAL STUDY FOR Conditional Use Permit No. 99-17 Y PROJECT DESCRIPTION/LOCATION: Conditional Use Permit No. 99-17 is a request to establish a green waste transfer facility. The plan includes up to 60,600 square feet of «-arehouse and office space. Material accepted at the site for transfer include; curbside green waste, wood materials, food waste, and commercial landscape waste. Finished materials (mulch .and other soil amendments) will be brought back to the facility for bagging, warehousing and distribution. The site is located on the west side of Industrial Parkway between Palm Avenue and University Parkway, in the IH, Industrial Heavy, land use district. DATE: December 10, 1999 PREPARED FOR CALIFORNIA Bio-Mass, Inc. 10397 Alder Avenue Bloomington CA 92316 PREPARED BY LILBURN CORPORATION 1905 Business Center Drive San Bernardino CA 92408 REVIEWED BY Independently reviewed, analyzed and exercised judgement in making the determination, by the Environmental Review Committee on December 9, 1999, pursuant to Section 21082 of the California Environmental Quality Act (CEQA) City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY PROJECT DESCRIPTION The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a Proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1• Project Title: CALIFORNIA Bio-Mass, Inc., an organic recycling, transfer facility for the collection, transfer, and marketing of green waste and other organic materials. 2• Lead Agency Name: City of San Bernardino Department Address: 300 North "D" Street, San Berd o CA 9241 Planning and Building Services 3• Contact Person: Valerie Ross Phone .Number: (909) 384-5057 4. Project Location (Address/Nearest cross-streets): The project site is approximately 10.28 acres located on the west side of Industrial Parkway, northerly of University Parkway. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek. Figure 1 shows the project location. 5. Project Sponsor: David Hardy and Michael Hardy, California Bio-Mass Inc. Address: 10397 Alder Avenue Bloomington, CA 92316 6. General Plan Designation: IH (Heavy Industrial) 7• Description of Project(Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary Attach additional sheets, if necessary): for its implementation. Figure 2 shows the site plan of proposed uses. California Bio-Mass Inc. proposes to construct and operate a facility for the collection, transfer, bagging/warehousing and marketing of green A-aste and other organic material in the City of San Bernardino. Material collected for transfer include green waste, wood waste, wallboard,paper,pre-and post-consumer food waste, and liquid food wastes. The transfer building will have a capacity of 500 tons per day. The average daily operation will process approximately 300 tons per day. The excess capacity will allow flexibility due to emergen es and unusual peak load periods. All material is transferred to another site for processing within 48 hours of arrival on-site. Finished organic products will be brought back to the site for bagging, warehousing, and distribution, and bulk sales. Material available for bulk sales is approximately 200 cubic yards, total at any given time. All transfer and bagging operations are conducted within an enclosed building. Some pre-bagging product mixing occurs outdoors near the canopy, located immediately west of the warehouse/bagging plant. u:/Pn4ew5 14.001 1ss;tevnecember io.1999 IS-I Ayd IS83/VNn Q m o P-( a14 W Lexington Way U V) H O Q N •� t� J� `ca 4 - w IS-2 fsi lit Ira I jo fit Eat � e tEE 1 .ff lit a $ PL4 z� H �$ It O it _v � U i I 1 IS-3 � E � Q F p C cr o U ' � 3 z S C ►� w ' o o CL i - - i F. _ � f H �d IS-4 � g . z ' _ - o - - f - t _ - H H r.� a 0 V � B M IS-5 • r Y, � •t ® a 00 #F fit !fr Y jj I�! Nt3Nf C75 C;3 cot1. c� V r O O CS U w is 2A IS-6 CS O ►� I , c_ a L ! � e q lint t L__3 If Ile - _ ��•` !'.fie' f \�_• �I;t= . ,l. �' •` � •fir� // \ ' • � ' I ; •//�.` iii '' '-• � ��- � ��!i'.�////�//'' k ,tip.. / % // ell CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Proposed site improvements and facility operation will be developed in four phases as described below: PHASE ONn: An 8,400 square foot transfer building; scale and fueling area; and the landscape supply sales area. Phase One will include pavement, perimeter landscaping and fencing, and infrastructure associated with the phase one operations. Construction anticipated in Spring 2000. Following completion of Phase One operations on the site will primarily include the collection and transfer of greenwaste material, with the ability to fuel vehicles on-site and provide for bulk landscape material sales. EIASE TWO: A 2,700 square foot office building; and a 4,000 square foot maintenance building. Phase Two will begin immediately upon completion of Phase One, Summer 2000. The completion of Phase Two will allow all corporate office functions to occur at the site, along with vehicle maintenance functions. PHA TH FF: Beginning at the conclusion of Phase Two (approximately Fall of 2000). Phase Three consists of a 36,000 square foot warehouse and bagging plant; and a 7,500 square foot canopy and concrete pad. Phase Three will include additional site pavement required to access and circulate around the warehouse. The completion of Phase Three will add the capability for mixing of specialty product, bagging of finished product, and warehousing of finished/bagged material ready for distribution. PHA ' FO IR: Starting time will be determined based on future need. Phase Four consists of a 6,000 square foot addition to the transfer building, and a 54,000 square foot addition to the warehouse and bagging plant. Phase Four will also include development of rail spurs, for rail loadout capability. Construction of all structures will be of prefabricated metal on a concrete slab, and all building will be equipped with fire sprinklers. The site plan and building elevations are reflected in Figures 2 and 3. The northerly portion of the site will be used for marketing and sales of organic product and related landscape materials. Approximately 200 cubic yards of landscape material such as mulch, bark, sand/gravel and similar items will be stored in concrete block bins for retail sale. The site will be landscaped along Industrial Parkway to screen views of the on-site activity from the street. and to enhance the developing streetscape. Proposed landscape plans are reflected on Figure 4. Green waste as defined by the California Integrated Waste Management Board (CIMWB) includes, grass, leaves, wood, vegetables and fruit, food scrap and liquid food residuals, and paper products. Feed stocks and produce waste will include grease trap, food scrap waste and other liquid food residuals from food processing, particularly from restaurants and grocery stores. The site %will not accept rave meats or fishery waste. The facility will also accept source-separated scraps of wood and drywall scrap from construction and demolition sits. The retail component of the project includes sale of processed wood material to industrial customers, bagged mulch, and sand and gravel. eiPoiea514.001 Issi1 bet 10.ire IS-8 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Primary access to the facility will be from the most northerly driveway. Vehicles will enter the site of and advance to the scale. Up to 50 commercial vehicles may enter the site on a peak up to 5 vehicles at one time is provided between the entrance gate and the scale. ueuing will not of occur off-site, ensuring that vehicular movement along Industrial Parkway will not be impaired. Approximately 50% of the commercial vehicles entering the facility are loads generated within the City of San Bernardino, which will result in a reduction in travel time, particularly for the City collection vehicles. y The site is generally triangular in shape and use of the site is divided into three basic components generally described as the sales area for landscape materials, the transfer and maintenance operations, and the warehouse and shipping operations. These sections are delineated and generally described below: on the Site Plan, Figure 2, Material5-Received Weigh/Log In Upon arrival at the site, all trucks will be weighed and logged in; a ticket for each vehicle will be generated. Trucks include private vehicles (pickups) and commercial vehicles (packer trucks, roll-off trucks and commercial landscape vehicles). The ticket will serve as an invoice for the tipping ee and to document the daily flow of material and types of material into the facility. The tickets will also be used as a basis for developing marketing plans as well as planning for future capacity and systems changes, such as additional equipment and employees. Rejection ofLoads Once a vehicle enters the transfer building, a preliminary load inspection"ill be made of the material. A load can be rejected if there is a high level of contaminants. Contaminates include, but are not limited to, rocks, dirt, metal, glass, and excess trash. Loads containing a high percentage of these contaminates will be rejected. In such a case, the ticket will be marked and the vehicle will be directed out of the facility. Rejected loads will typically be directed to a sanitary landfill for dis osal. P In the event that some of these contaminates are not initially identified, the facility «111 maintain bins for recycling, and 40-foot roll-off containers for trash. Trash includes materials that can not be composted or recycled such as styrofoam cups. Trash will be collected, stored and removed on a weekly basis. If household hazardous material is found, the material Nvill be stored in a secure hazardous materials storage shed. A hazardous waste hauler Iicensed in the State of California will be summoned to remove and properly dispose of the material 'A ithin 90 days. Acceptance of Loads _ Accepted loads will be directed to the tipping floor within the transfer building. The load will then be tipped (dumped out of the vehicle in a designated area of the floor), hand inspected and a secondary sweep of contaminates will be made. The primary focus of a sweep is to identify any glass or other to the green waste that has been inadvertently mixed with green material. The types of material received for transfer are described below. C; 5J4.oau.sac2/De=mb.10.1 IS-9 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Tvnes of Materials R�eiv ' fnr T�u The transfer station has the capacity to process up to 500 tons of material per day. The average daily processing will be approximately 300 tons. No material received for transfer will remain on-site (on the tipping floor) for longer than 48 hours. Liquid food wastes are collected separately and are transferred off-site each day. Wood: Wood waste typically consists of source-separated clean dry wood/lumber from pallet companies, demolition and construction sites, lumber yards and furniture manufacturers. Liquid Food Waste: Liquid feed stocks will include restaurant grease trap material, potato peelings, and whey from dairies, will be brought in by tanker truck and directly pumped into a tanker available on-site. Two tankers will be on-site, one will be filled as material arrives, and once filled will depart for transfer to the compost facility. A second tanker will be on-site for stand-by situations. The liquid wastes are never mixed with other greenwaste material on the tipping floor. Curbside Green Waste: Typically includes grass, leaves, and branches from trees and shrub pruning. Commercial Landscape Material: Consists of larger wood"- material such as large scale tree trimmings and stumps, mixed with green waste. The foll he accepted at any time at this facility: Raw meats, fishery waste, sewer sludge, animal waste(manure) or dead animals, hazardous materials, hot or burning wastes, painted wood, or explosives. Material Sold t T and capg�upRj�eg End products that are processed off-site at other facilities will be available for on-site sales, including ground cover and decorative bark, mulch, and other soil amendments, as well as sand and gravel. These materials will be accessible in the finish product bins (see Figure 2). The public will be able to access the bins, load the desired amount of material, then pay at the office. Approximately 200 cubic yards of bulk material will be available on-site at any given time. All material available for sale is stabilized finished products and squl amendments. No composting (anaerobic activity) will occur at this facility. 9Derational haractenStirt Table 1 shows the days and hours of operation of California Bio-Mass Inc. The facility will be open to the public 7 a.m. to 5:30 p.m. Monday through Saturday. Operational activities may occur 24-hours per day, including site and vehicle maintenance and material loading and transfer, along with bagging and loading activities conducted within the warehouse. GlProjecv311.00/ISsi1e2/Detember 10.1999 IS-10 0 j 1 CITY OF SAN BERNARI PLANNING AND BUILDINGS , INITIAL STUDY Table 1 Hours/Days of Site Activi Hours Days/Wee Public Access lam to M-S 5:30pm Operational Activities 24 hours Daily ana aelivery/transfer of product may occur on weekends and prior/after Source:California Bio-Mass.,lnc., 1999. public hours All transfer operations occur within the enclosed transfer building. All commercial vehicl es and transfer trucks will be tarped prior to travel on public streets. The operator will Supply load cover requirements to all other customers to encourage compliance xvith City and State regulations. T ical equipment required at the site include the following: Yp al Table 2 Equipment Used on Site Quantity Equipment 2 Fork Lifts Capacity 1 Water Truck NA 2,000 gallons per day 2 Front-end loader N/A 8 Transfer truck and trailer Note:Transfer truck is used to haul green waste to Bio-Mass composting 00 ton capacity such as mulch and soil amendments will be back-hauled to t San Bernardino facility for ale to landscapers err w products typically dispose of green waste at the facility. Pen who a Surrounding Land Uses and Setting: The site is situated on the west side of Industrial Parkway, northerly of University Parkwa y (see Figure 1). The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Industrial Parkway is a heavy industrial corridor which lies between Interstate 215 on the Creek. Cajon Boulevard (Route 66) and the BNSF railroad on the west. The i east and between the heavy industrial zone and residential land uses which occur broth westerly serve as a buffer easterly of Cajon Boulevard. Table 3 shows the land use designations and current land uses and vicinity of the project site. n the V: s 14.00/1s:11c2A3ecmbcr 10.1 999 . 1 • CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Table 3 Existing Land Uses and Land Use Designations for Areas Immediately Adjacent to the Proposed California Bio-Mass Project Location Land Use Designation Land Uses North IH San Bernardino Steel South IH Vacant East IH Vacant West IH Vacant Source: City of San Bernardino General Plan, 1989;site visit- Single-family residences are located within 1,000 feet of the site both easterly and westerly. Residential neighborhoods are located easterly of 1-215 along Kendall Drive, as well as westerly of Cajon Boulevard in the Muscoy area. 9. Other agencies "whose approval is required (e.g., permits, financing approval, or participation agreement): The following permits will be required for construction and/or operation of the proposed project: • Grading and Building permits from the City of San Bernardino Planning and Building Services Department • National Pollution Discharge Elimination System (NPDES) Permit from the Regional Water Quality Control Board (RWQCB), Santa Ana Region ,r c:a'T0iC vs14.omIs-zi,CZ/Uecamber 10,19" 1S-12 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the g at pages. following 1] Land Use and Planning O Transportation/Circulation 0 Population and Housing � Public Services g Biological Resources Utilities and Service Systems [x] Geological O Energy and Mineral Resources ❑x Water 0 Aesthetics 0 Hazards Cultural Resources ❑x Air Quality O Noise O Recreation O Mandatory Findings of Significance Determination. On the basis of this Initial Study, the City of San Bernardino, En-,-' n-,ironmental Review Committee finds: That the proposed project COULD NOT have a significant effect on the environment, and ❑ a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there El will not be a significant effect in this case because the mitigation measures described on an prepared. attached sheet have been added to the project. A NEGATIVE DECLARATION will be That the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment, there ❑ WILL NOT be a significant effect in this case because all potentially Significant effects a have been analyzed adequately in an earlier EIR pursuant to applicable standards and b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or Mitigation measures that are imposed upon the proposed project. Signature Date - Printed Name C;A'rojeq/511.00/lssitc2/Dooeuiyer 10.19" IS-13 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I• LAND USE AND PLANNING. Will the proposal result in: ' �flicx with e 1 :..f ❑ lill�zbas­W­gn:the review of e `# �, a�` •`� l ` . W MV XMap b) Development within an Airport District ❑ I ❑ ❑ ❑ as identified in the Air Installation x Compatible Use Zone (AICUZ) Report j and the Land Use Zoning District Map? C) Development within Foothill Fire Zones ❑ A & B, or C as identified on the Land x Use Districts Zoning Map? i d) Other? ❑ i ❑ ❑ El II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including ❑ ❑ ❑ O affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for ❑ ❑ ❑ ❑ additional housing based on the x proposed use and evaluation of project size? i C) Induce substantial growth in an area ❑ ❑ ❑ El either directly or indirectly (e.g., through i projects in an undeveloped area extension of major infrastructure)? I I I I cANojecO14.00✓IS sileMemnbcr 10.re" IS-14 s CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III- EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on ❑ D D 0 slopes of 15% or more based on information contained in the Preliminary Project Description Form No. D? b) Development and/or grading on a slope 0 ❑ D greater than 15% natural grade based on review of General Plan HMOD map? C) Erosion, dust or unstable soil conditions ❑ 0 D ❑ from excavation, grading or fill? d) Development within the Alquist-Priolo ❑ - Special Studies Zone as defined in ❑ ❑ Section 12.0-Geologic& Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or ❑ ❑ ❑ O physical feature based on field review? i fl twin arr��as�defined as `i O a � ❑ v 1 po r wind4 �' tenhal for water o -� sion as identified i�.�ection 12:0..=-:�-3 _` , � ,,� Geolokic& Seismic, Figure 53, of the 1 :� -Q City's General Plan? ►';° ,�c�" � g) Modification of a channel, creek or river ❑ ❑ ❑ based on a field review or review of USGS Topographic Map (Name)5a Bern ardino_ South h) Development within an area subject to ❑ ❑ ❑ landslides, mudslides, subsidence or " I other similar hazards as identified in Section 12.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? o 014.owts�cvnft=bcr,o.19" IS-15 • CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact i) Development within an area subject to ❑ ❑ _ ❑ ❑ liquefaction as shown in Section 12.0- Geologic& Seismic, Figure 48, of the City's General Plan? J) Other? .......................... 0 ❑ O ❑ IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage ❑ 0 ❑ ❑ patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or ❑ ❑ ❑ flow of flood waters based on consultation with Public Works staff? C) waters or an ❑ a. goof e water quality base i_pareguirements.of Public Works rfhb ff directed to approved storm 1 1 drains? •y F:d:) ::;Changes in the quantity or quality of ❑ ❑ ❑ 0 nd water? I �) Exposure of people or property to flood ❑ I ❑x O ❑ hazards as identified in the Federal Emergency Management Agency's Flood i Insurance Rate Map, and Section 16.0- Flooding, Figure 62, of the City's General Plan? f) Other? ❑ I ❑ ❑ ❑ GANOjec+rsKOW Issit ba 10.19" rC1 , CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant I No Impact Incorporated Impact Impact V- AIR QUALITY. Will the proposal: I a) Violate any air quality standard or p 0 ❑ ❑ contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to pollutants? ❑ ❑ O ❑ C) Alter air movement, moisture, or ❑ ❑ ❑ El temperature, or cause any change in climate? d) .a 1}actinable b us ed on 10_904 -rs , e ❑ p ❑ uil.94nation c6plaiit6d.in the Prelinii6i innental Description Foiin? VI. TRANSPORTATION/CIRCULATION. Could the proposal result in: a) gnificant increase in traffic volumes ❑ Q�j ❑ Ways o ? i$ectioiis di Al ,T is significantly',greafef. to>land:use designated on a eneral; C b) Alteration of present patterns of ❑ ❑ ❑ xQ circulation? i C) A disjointed pattern of roadway ❑ ❑ improvements? I d) Impact to rail or air traffic? ❑ e) Insufficient parking capacity on-site or ❑ ❑ ❑ off-site based on the requirements in Chapter 19.24 of the Development Code? G rs14.00+is_skevneM,,,ya 10.1 999 IS-17 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Sig��ificant No Impact Incorporated Ird¢ t Impact fl leased lafety hazards_to-vehic_lesA �n�a 4 bicyclists or pedestrians? g) Conflict with adopted policies ❑ p ❑ 0 supporting alternative transportation? h) Inadequate emergency access or access ❑ ❑ ❑ El to nearby uses? i) Other? VII. BIOLOGICAL RESOURCES. Could the proposal result in: I i a) Development within the Biological ❑ j ❑ ❑ Ox Resources Management Overlay, as identified in Section 10.0-Natural i Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare ❑ ❑ ❑ O species or their habitat (including, but ' not limited to, plants, mammals, fish, insects and birds)? C) '" Idlife:disbisal.or = ❑ ❑ ❑ migration corridors? d) Impacts to wetland habitat (e.g., marsh, .� '� �' ❑ ! 0 _riparian and vernal pool)? e) Removal of viable, mature trees based on ❑ + ❑ information contained in the Preliminary I Project Description Form i 1 p and verified by site survey/evaluation (6" or greater i trunk diameter at 4' above the ground)? f) Other? ❑ I ❑ ❑ ❑ aANoxars 14.00✓1SifteMecemye,i o.1999 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy p ❑ conservation plans? b) Use non-renewable resources in a ❑ ❑ ❑ wasteful and inefficient manner? C) Result in the loss of availability of a ❑ i ❑ ❑ D known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: ! � a) n , transpoit or._dispose_of ❑ CD ❑ a r ous or.toxic materials based of imatlbn=contained in tfi�-1 n'`inu�ary� �J� l.�''� + onmeiital De_scnptton or_m, o: (including,but not ltmite� "� f to; pesticides, chemicals or radiation)? a aW b) Involve the release of hazardous p ' ❑ substances? 1 ❑ a i C) 1e to a`potential . . p ty Hazards'? �.`i>=1 D ❑ D d) Other? ❑ D D ❑ i X. NOISE. Could the proposal result in: a) :'0.Mops beaitl�. ❑ ❑ ❑ sc ools, li canes; re igtous 1 ther:noi sensi;ve use�.in , : - -' existing orntiire noise s . eceefl an.Ldn o 65 dB .�A _"_`�: , , �pdnior st�xi�rfi`ed"iti Section 14:0�1�ibis�, 7�an�d.58�_o_wf! e~W any GA'1q a 14.0W 1Ssi1cvncamba 10.19W IS-19 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Development of new or expansion of l existing industrial, commercial or other El ! ❑ 0 ❑ uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(1) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? C) Other? ❑ ❑ ❑ ❑ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas:( a) tp`rotection? _,-n.. - },`�¢ ❑ ❑ b) Medical Aid? ❑ i ❑ ❑ C) Police protection? ❑ ❑ ❑ d) Schools? ❑ 1 p ❑ O e) Parks or other recreational facilities? ❑ ❑ ❑ f) Solid waste disposal? ❑ ❑ ❑ x g) Maintenance of public facilities, ❑ ❑ ❑ 0 including roads? h) -Other governmental services? ❑ ❑ ❑ 0 GJProjec014.00/lSsilc20cmnber 10.1999 IS-20 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. UTILITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a) Natural gas? ❑ ❑ ❑ ❑ b) Electricity? O ; � ❑ D C) Communications systems? ❑ I ❑ ❑ I D d) Water distribution? ❑ ❑ ❑ I t] e) Water treatment or sewer? ' f) Storm water drainage? ❑ g) Result in a disjointed pattern of utility ❑ ❑ ❑ extensions based on review of existing patterns and proposed extensions? h) Other? ❑ XIII. AESTHETICS. a) Could the proposal result in the ❑ ❑ ❑ obstruction of any significant or important scenic view based on evaluation of the view shed verified by sit. ' = P -Elie prbj6c � ❑ i <cf dte-aesthetically offensive changes uvey. and evaluation of the propose ' .elevations? C) Create significant light or glare that ❑ could impact sensitive receptors? ❑ [] l ❑ GA%*Cvs u.ow Is-sftc2/D--nea Jo.IM IS-21 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Other? ❑ ❑ ❑ ❑ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive ❑ p ❑ (] archaeological area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? b) The alteration or destruction of a ❑ ❑ ❑ 0 prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? C) Alteration or destruction of a historical ❑ ❑ ❑ <] site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? ❑ ❑ ❑ ❑ XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or ❑ ❑ ❑ regional parks or other recreational facilities? b) Affect existing recreational ❑ ❑ ❑ El opportunities? I _. GANViO t/S14.00 1Ssi1c2JDec=W 10.1999 TC_77 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ j ❑ p 0 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? 1 b) tfiepioject have the potential to i ��, 'kn " O Wshort-term, to the disadvantage i pf longterm, environmental goals? T ,�- c) Die project have impacts that are ❑ ❑ ❑ I El individually limited, but cumulatively ,( i arable?:; > b- Cumulatively co ae me mental ' effects of a project are considerable when viewed in connection with the 1 effects of past projects, the effects of c° other current projects, and the effects of `� probable future projects.) d) _ the protect have.environmental ❑ `� a; 0 ►high w 1�cause substanti '' advefse effects on human e gs, either or.indirectl �. �Y Y. GA o,q si..owtsjitv/ne,,,b,io.inn IS-23 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services Department/Public Works Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements - water. 9. Public Works Standard Requirements- grading. DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I. LAND USE AND PLANNIN a) The California Bio-Mass project is proposed for a 10.28-acre project site located on the west side of Industrial Parkway, approximately half-way between University Park«•ay to the south and Palm Avenue to the north. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek. The Land Use Designation(General Plan/Zoning) is Heavy Industrial (IM for the site and surrounding area Table 3 (Seepage IS-10) shows the existing land uses and General Plan Land Use Designations for areas immediately adjacent to the project site. Adjacent properties are vacant, with the exception of San Bernardino Steel located immediately to the north. Other businesses in the immediate vicinity include Jack's Disposal, and similar warehouse/distribution and industrial activities. The General Plan includes a number of goals, objectives and policies for guiding development in the City. Those pertaining to the proposed project and project site are provided under the Heavy Industrial Designation. General Plan Objective 1.33 provides for the development of heavy industrial uses in locations where they will be compatible with and not adversely impact adjacent land uses. Policies related to this objective to encourage development of heavy industry but still maintain environmental quality include: - accommodating a diversity of heavy uses that are characterized by their large land utilization and physical facility requirements (1.33.10) - permit a maximum development floor area ratio (FAR) of 0.75 and no defined height limit (1.33.20) ` - require that all development be compatible with adjacent land uses, incorporating landscape setbacks, screening walls and other appropriate elements (1.33.30) - require that properties be maintained free of debris and at an appropriate level of visual quality; ensuring that sites are periodically monitored and codes are enforced (1.33.31) c ,isu.oa tss;lc2/veumbcr 10.19" 1�-7Q 0 !1 ZINC 43► 4 ER` Figure 2 sho t of' square feet a � e (b- 3). Figure 4 u� ;tree , creek beds f 5 ¢ pert. Daily maint( C deb b) The propose lent Use Zone (A. •• _ _ �_•_ __._. rict Maps. The closest airstrips or airports are located approximately 8 miles to the southeast (San Bernardino International Airport, former Norton Air Force Base) and approximately 6 miles to the west (Rialto Municipal Airport). There are no significant project-related impacts associated with airports or air fields. C) The project site is not within a Foothill Fire Zone as identified on the Land Use Districts Zoning Map or within the City's High Fire Hazard Area as indicated in Figure 61 of the City's General Plan. II. POPULATION AND HOUSIN a) The project site is undeveloped. Construction of the facility will not result in the removal of any housing, and therefore no impacts to existing housing will occur. b) The proposed project will not create a significant demand for additional housing. It is anticipated that �... ._ - . . , g ty .A;ployeestfrom the existin facili m San Bernardino County will continue employment at the new site in the City of San Bernardino. Onceahe'fac in San Bernardino is operational; additional employees may be added, for a total of 35 employs. C) The project is not growth indu 1 r ional housing will be provided, and no major infrast '�"q ect. The project, in conjunction with similar project: C� meet the requirements of AB939 to divert up to 50 per( t � ✓2000. ' III. E_ARTH RESOURCES alb) The site can be characterized as �� iges in elevation from a low of 1,559 feet above sea lei id a high of 1,586 feet above sea level near the northern- ition of approximately~ 27 feet. There are no slopes gre : grading plan for the proposed project. Finished grade ng grade of 2.5%. zt °use graded so thdf§t M9Y ` N d don t 'acre to"areas t'or Tne WITaIrW, M '�tlZflt'i tTafice�re s°'_The res" ofthe `fei�vift be.grnded to accozimmodate � � haltand concrete wdrkin areasthat are ielativeI -$at.biit"still dram to ;tl> dvgs_t not wmer o€the site, GA'roj«vsu.oa►s.s;tcz n«a„ber 10,19" IS-25 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES In C) Dust will be generated during grading, hg operation and during periods of high wind condition t ,�S id to reduce dust hazards will occur during construc na Air Quality Management District (SCAQMD) Ri 'P C -f best available fugitive dust control measures during. 'i „1,� 1 demented under high wind conditions. See Air Quality _ "�'�1 Regular watering on a daily basis as re 'G G `t site operations �. on unpaved areas. Dust generation di 1 f , _( 3 limited to any activity or undeveloped portions of the `- � U4 t—.9 rill occur within the enclosed transfer building. As the : ruck circulation will be paved. Only portions of the lai.�,. .r. ..,,.,.,..,,. �,,.,,. ...�,.�, u,...j1j,nent will utilize an alternative surface (i.e. decomposed granite or temporary landscaping, etc.). The potential for adverse ,vater erosion impacts will be maintained at less than significant levels through the development and implementation of an erosion control plan prior to commencement of construction activities. The erosion control plan shall contain but not limited to, the following measures: '. An erosion control plan shall be prepared and implemented for the proposed Bio-Mass Inc., project that identifies specific erosion control measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated. This erosion control plan shall include the following measures at a minimum: - Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California. - An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. High winds affect dust generation characteristics and create the potential for off-site air quality impacts, especially with respect to airborne nuisance and particulate emissions. The potential exists for wind erosion of the disturbed soils during periods of high winds. Minimizing wind erosion potential of the undeveloped portions of the site will be achieved through water spraying and temporary landscaping. Compliance with SCAQMD Rule 403 and Mitigation Measure No. ER-1, potential erosion of soils, will remain less than significant. d/h/i) The City of San Bernardino is situated in a seismically active region where numerous faults, capable of generating moderate to large earthquakes, are located. The San Andreas fault traverses the city in a northwest-southeast direction along the foothills of the San Bernardino mountains. The project site GJPmjou/SMW ISsite2/Dcmnb«10.1999 IS-26 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY is located approximately 2 miles southerly of the San Andreas fault system. The Glen-Helen and San Jacinto faults also traverse the City in a northeast-southwest direction through Cajon and Lytle Creeks. The project site is approximately 2 miles northerly of the Glen-Helen fault system. Both fault zones are located within an Alquist-Priolo Special Study Zone, a designation given when surface rupture may occur in the immediate vicinity due to movement along these faults. The project site is located between the Alquist-Priolo Special Studies Zones for the San Andreas and the Glen- Helen/San Jacinto faults, as defined in the City's General Plan (reference Figure 47 of the City of San Bernardino General Plan); therefore, surface rupture is not likely, to occur on the site. However, the vicinity is likely to experience peak ground acceleration from a maximum credible earthquake of magnitude 8.5 on the San Andreas Fault and 7.5 from the San Jacinto fault (reference Figure 46, of the General Plan). The site is not located within an area of Potential Ground Subsidence as identified in Section 12.0, Figure 51 of the General Plan; nor is the project site located within an area of Liquefaction Susceptibility, Figure 48, of the General Plan. Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires that projects such as this include a soils/geotechnical study to determine the impacts likely to occur on a specific project site. A Soils/Geotechnical Investigation has been prepared by Sladden Engineering. Recommendations of this investigation are incorporated in the design and construction of the structures. Regional subsidence due to water extraction has historically occurred in the southern and central portions of the City largely due to the extraction of water. Subsidence is not considered a problem at the location of the proposed project. Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the fault. Groundshaking will impact structures during earthquakes. The magnitude of the impact is related to the construction of the building and its foundation. The City has adopted seismic performance standards for all new construction. The building proposed on-site would be constructed in conformance with the Uniform Building Code and any additional performance standards adopted by the City. Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in the foothills or mountain areas. Since the project site is located in an area of relatively flat terrain, landsliding is not considered to be a factor in the proposed project. Liquefaction is a phenomenon that occurs when strong earthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state. This happens in areas where the soils are saturated with groundwater. Loose, soils with particle size in the medium sand to silt range are particularly susceptible to liquefaction when subjected to seismic groundshaking. Affected soils lose all strength during liquefaction and failure of building foundations cANvicarsi+.oa1s.:i1 „ba 10.1"9 IS-27 • CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY can occur. The project site and vicinity are not located in an area of High Liquefaction Susceptibility. However, it is anticipated that major earthquake groundshaking will occur during the lifetime of the proposed project from the either the San Andreas or the Glen-Helen faults. With adherence to the recommendations made by the geotechnical engineer, potential significant impacts associated with earthquakes in general would be less than significant. The following mitigation measure shall be implemented: ER-2-2 Site grading and preparation of areas that will support structures shall be in conformance with the recommendations made by the soils/geotechnical engineer preparing the investigation of the site prepared by Sladden Engineering dated December 1999, or other subsequent study required by the City of San Bernardino Department of Public Works/Engineering. e) The site is relatively flat with a gentle slope from northeast to southwest. The site lies between the Devil's Canyon Diversion Channel and Cable Creek. cyuruslue.physical or-geologic features exist Tat the site. In addition, since grading will,beminimal, the potential to intercept any buried unique geologic or physical features that could occur within the project site is minimized. J.Ue.site is within the City Designated High Wind Area as indicated in.Section 15.0—Wind and Fires Figure 59 of the City's General Plan. Historically,high wind velocities in the northern portion of the City, adjacent to mountains and canyons, have resulted in considerable property damage. Therefore the City applies stringent conditions for construction of all structures and facilities. e site is not w_ ithin areas designated for high potential for water erosion or wind erosion as indicated on the Section 12.0 Geologic and Seismic Hazards, Soils Limitations Map Figure 53 of the General Plan. l _ . a�mpacts�to earth resourees are expected to occur at the site_from high wind o ►titer erosion potential. See the Air Quality analysis for a discussion of fugitive dust emissions. g) The site lies between the Devils Canyon Diversion Channel and Cable Creek. No modification would occur to the Diversion Channel or the Creek or any other existing natural streams, as identified on the San Bernardino South USGS Quad Map. IV. WATER a) The project will result in changes to absorption rates, drainage patterns, and the amount of surface runoff due to the proposed site improvements and facilities, including buildings and paved surfaces. Site improvements include a single-story 2,700 square foot office, 14,400 square foot transfer building, a 4,000 square foot maintenance building, a 90,000 square foot warehouse, and a 7,500 square foot canopy. In addition, approximately 30%of the 10.28 acre site will be paved with asphalt or concrete. changes.in,drainage patternsinc�ease in surface the consiucton pipe ou a �eevioniversion Channel locatediri fhe wes`terir cmvjenni4.oa IS-siteMemnber 10.1"9 IS-28 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY comer of the site. The proposed plans for drainage must be approved by the City of San Bernardino Public Wpr _ _ epartmenfand the San Bernardino County Flood Control. b/c/d) The site lies between the Devils Canyon Diversion Channel and Cable Creek. Storm water collected on-site is diverted to an outlet and discharged to the Devil's Canyon Diversion Channel. Improvements to the project site include curbs, gutters and swales as necessary to drain the site to the outlet at the western corner of the site. No significant modification to flow of flood waters associated with the Devils Canyon Diversion Channel or Cable Creek ,rill occur with the proposed project. Mitigation Measure W-2 is provided below to ensure that any modification to the flow of flood waters is less than significant. e) The site is not located within a 100-year Flood Zone as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community P_anel Number 6071 C8684F, dated March 18, 1996. YW:year flood-plain, is confined to creeks and channLs, under jurisdiction of the San Be � in 7,t 04 tu.:c 1 To ensure that potential impacts associated with flooding and stormwater con ai�c e ess.than significant, the following measure will be implemented: W-1: In compliance with the City's General Plan, a site specific drainage study which meets the standards of the City of San Bernardino must be prepared by a qualified civil engineer. Staff recommendations_regarding the facilities necessary to mitigate drainage impacts shall herx- conditions of project approval. Mitigation again-, the issuance of certificates of occupancy. Compliance with Mitigation Measure No. W-1 will ensur of the site being located adjacent to the 100-year Flood _ V. AIR QUALITY a) Air quality is affected by both the rate and location of 1 44.5 conditions which influence movement and dispersal of polls speed, wind direction, and air temperature gradients, alor between air pollutants and air quality. P The project is in the northeast portion of the South Coast County, and portions of Los Angeles,Riverside, and San Bc 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto mountains to the north and east. The mountains which reach heights of up to 11,000 feet above mean sea level (msl), act to prevent airflow and thus the transport of air pollutants out of the basin. Offir s14.W 1s zi1ovnam,ba 10.19" IS-29 . i CITY OF SAN BERNARDINO PLANNING AND BUILDING SERI, INITIAL STUDY U�- The San Bernardino Valley portion of the SCAB is designated sulfates, particulate matter, and ozone. The criteria pollutants associated with the proposed project include: r - Ozone(O,) - Carbon monoxide (CO) -Nitrogen dioxide (NOZ) / - Particulate matter (PM,o) V �2a% - Sulfur dioxide (SO,) - Reactive Organic Compounds(ROC) SCAQMD adopted the Final 1994 Air Quality Management Plan(AQMP)revision in September 1994 and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve compliance with federal and state air quality standards for healthful air quality in the SCAB. The Final AQMP was adopted by the AQMD Board in November 1996 and has since been approved by the California Air Resources Board (CARB). The AQMP policies serve as the framework for all control (pemlitting)efforts in the SCAB as enforced by the SCAQMD for stationary sources. CARB regulates mobile sources. California Bio-Mass Inc. will conduct an organic material recycling and transfer operation. Material is delivered to the site by both private and commercial haulers. The proposed project site is located on the west side of Industrial Parkway, approximately half-way between University Parkway to the South and Palm Avenue to the north. Vehicles will travel entirely on paved surfaces while accessing the site and being weighed, and all tipping and transfer operations are conducted within an enclosed building. The only unpaved area will be portions of the landscape supply sales area at the northerly portion of the site and temporarily undeveloped areas. All materials brought on-site are transferred to another facility for processing-and/or composting. Estimates of both construction and operational emissions are contained in Tables included in Appendix A. A summary of construction and operational emissions associated with the project are listed in Tables 4 and 5,below. Tables 4 and 5 also compare construction and daily operational emissions with applicable SCAQMD thresholds of significance. The project would not exceed emission standards for energy consumption or operations based on its physical characteristics or operation. Due to the minor amounts of equipment,material "�lovsi volu i� 4W- . gnificance thresholds are not exceeded. Approximately 50% of the traffic to the facility is om loads generated within the City of San Bernardino. The availability of this facility will reduce longer distance trips currently required for commercial green waste collection,and particularly for City collection vehicles. - c;,mrcjcu5 14.00/1s sioe2/ =mb«10.19" IS-30 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Table 4 Construction Emissions and SCAQMD Thresholds Operation PM10 ROC I CO NOZ SOZ Vehicle Travel on Unpaved Roads 3.70 _-_ _-_ _-- Vehicle Emissions 0.08 0.51 4.60 1.51 --- i Equipment Fugitive Dust 12.70 --- --- --- --- Equipment Exhaust Emissions 4.80 3.60 15.30 48.20 5.50 Total (lbs/day) 21.28 4.11 45.88 49.71 5.50 SCAQMD Threshold (lbs/day) 150 55 550 55 150 Exceeds Threshold? No No No No No Source: SCAQMD CEQA Air Quality Handbook, 1993; and Appendix A, Table 3 Table 5 Operational Emissions and SCAQMD Thresholds Operation PM,o ROC CO NO, SOZ Vehicle Emissions 0.96 2.2 18.9 8.1 --- Vehicle Travel on Paved Roads 16.5 --- --_ __- -_- Equipment Exhaust Emissions 3.68 4.90 12.79 41.4 3.92 Electrical Consumption 0.01 Neg. 0.03 0.17 0.02 Natural Gas Consumption 0.0001 0.001 0.01 0.03 Neg. Total (lbs/day) 21.1 7.1 31.8 49.8 3.94 SCAQMD Threshold (lbs/day) 150 55 550 55 150 Exceeds Threshold? No No No No No Source: SCAQMD CEQA Air Quality Handbook, 1993; and Table 4,Appendix A,Table 4. Fugitive dust generated by construction activities during development and operation of the project would add to ambient PM,o levels. Emission estimates for PM,,, do not exceed the SCAQMD threshold of 1501bs/day with mitigation. Implementation of Rule 403 Fugitive Dust Control Measures during project construction and operation Neill be required and were assumed as part of the analysis. Implementation of the following mitigation measure will ensure impacts from fugitive dust generation during construction and operational activities will be less than significant and will aid the City in meeting General Plan Policies 10.10.2 and 10.10.4: - Policy 10.10.2 Require dust abatement measures during grading and construction operations. Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and incorporate pertinent local implementation provisions of the Air Quality Management Plan. cmvjeC0J4.00/Mzilcvnc,,,ber 10.19" IS-31 CITY OF SAN BERNARDINO PLANNING AND BUILDING SER INITIAL STUDY �`�-''� AD-1: Implementation of SCA MD Rule 403 and standard cc P Q r capable of generating fugitive dust will include but n( control measures and reasonably available control me 1) Water active grading areas and staging areas at 2) Ensure spray bars on all processing equipment Cnu 3) Apply water or soil stabilizers to form crust or work areas; 4) Suspend grading activities when wind gusts ex 5) Sweep public paved roads if visible soil mater 6) Enforce on-site speed limits on unpaved surfacC�, 7) Discontinue construction activities during Stage 1 smog episodes. b) Some land uses and/or individuals are considered more sensitive to air pollution than others due to the types of population groups and activities involved. Sensitive population groups include children, the elderly, residential areas, and recreational land uses. The project site is located west of Industrial Parkway within a heavy industrially zoned portion of the City of San Bernardino. Land uses within the general vicinity include heavy industrial or undeveloped land. Single-family residences are located within 1,000 feet of the site both easterly and westerly. Residential neighborhoods are located easterly of 1-215 along Kendall Drive. well as_vi esterly of Cajon Boulevard in the Muscoy Mrlbue to the separation of the residential neighborhoods by major transportation corridors,and the fact that all tipping and transfer activities occur within an enclosed building,direct impacts to these neighborhoods as a result of the proposed project are not anticipated. C) The local climate can be classified as Mediterranean with hot and dry summers and short, warm and relatively dry winters. Temperatures range from a low of 32 degrees Fahrenheit(°F) in the winter to a high in excess of 100° F during the summer. Mean annual temperature is 65° F. Average annual precipitation for the area is 18 inches,which is almost exclusively rain(City of San Bernardino, 1996). The project site will be used for storage and processing of green waste materials, which are naturally moist in nature. The site will also be periodically watered to control dust, however,these activities will not significantly alter air movement, moisture, or temperature, or cause any change in climate. The project is too small in scale to alter area temperature, moisture, or air movement. d) Due to the types of materials that will be accepted for tipping and transfer at the facility, odors may be generated and experienced on-site. Materials which have the potential to generate odors include some green waste, specifically grass clippings, and some restaurant and other food waste residuals. Because any potential odor producing material will be collected and transferred within the enclosed building or within enclosed tanker trucks, odor would not impact off-site or surrounding land uses. Should on-site odor become an issue neutralizers,reodorizers,or deodorizers can be applied through the misting system that will be in-place within the indoor tipping area. The site will be routinely cleaned and be kept free of fugitive debris and residual material that can cause odors. The material within the transfer building will be removed form the site within 48 hours of arrival. - t !s 6&M vy-thin �ttie; rieof d` �►err�� o.the�aci111{{����JJ���� - : '-"^' 4a..►JCiJ.7.4WgyS cArroj=014.001 1s sir na to,19" IS-32 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY No additional mitigation is required beyond compliance with SCAQMD regulations regarding prudent operational methods. VI. TRANSPORTATION a) The proposed project site is located westerly of Industrial Parkway, approximately half-way between University Parkway to the south, and Palm Avenue to the north. Primary access to the site will be directed through the northerly driveway onto Industrial Park-way. Incoming vehicles to the facility will include employees (35 vehicles per day), collection vehicles (including tractor-trailer combinations, two axle trucks) and small vehicles including pick-up trucks and delivery vehicles (up to 50 vehicles per day) for a maximum of 85 vehicles per day. Light-duty commercial vehicles comprise approximately 50% of the incoming commercial vehicle traffic; and approximately 50% of the commercial vehicle loads are generated within the City of San Bernardino. Existing raffic Volume Traffic utilizing the proposed facility will be primarily regional in nature and will approach the site using the I-215 Freeway. Arriving traffic will primarily be from the south, existing 1-215 at University Parkway and traveling north on Hallmark/Industrial Parkway to the site. South-bound departures, consisting primarily of the commercial collection and private haul vehicles, will return to I-215 using University Parkway; while north-bound departures,consisting primarily of the transfer trucks, will travel north on Industrial Parkway to Palm Avenue to access the north-bound 1-215. Project Trip Generation Based on actual site data from ticket sales at the existing Bio-Mass facility in Bloomington and predictions based on growth and site buildout, incoming vehicles to the facility was predicted. Incoming vehicles will include employees (35 vehicles per day), collection vehicles(including tractor- trailer combinations and two axle trucks) and small vehicles including pick-up and delivery trucks (approximately 50 vehicles per day) - for a maximum of 85 vehicles per day. Additional trips will also be generated at the site resulting from employee lunch time trips as well as miscellaneous deliveries of supplies and equipment maintenance. A passenger-car-equivalent(PCE) factor of 3.0 was assigned to all commercial vehicles, regardless of size, to assist in the evaluation of worst-case project-related impacts. The following is a breakdown of the trip generation rates used to derive overall project trip generation based on actual site data: 35 employees— • arrival at site • lunch departure from site • lunch arrival at site • departure from site 3� vehicles x 4 trips per day= 140 trips/day GANVieWS1/.00/ISsilcMemmber 10.19" IS-33 CITY OF SAN BERNA.RIDIN PLANNING AND BUHLDI G SEI IMTIAL STUDY / i 50 commercial vehicles— � • arrive at site for delivery or pick-up • depart from site for destination ty 50 collection vehicles x 3.0 PCE x 2 trips per day=300 trip: 140 trips per day + 300 trips per day=440 trips/day Trip generating characteristics of various industrial and manuiactunng jams ua%,a...... by the Institute of Transportation Engineers(ITE),however,recycling and transfer facilities such as this are riot specifically documented and therefore are assumed to be within the ITE's manufacturing land use designation. The ITE generation rate for manufacturing facilit to a slightly lower overall trip generation of 400 trips per day(1 C It is estimated that the project will generate between 400 and 44 � Based on a October 1999 average daily traffic (ADT)count perf pertains to Industrial Parkway east of Palm Avenue, and Industr e west of University Parkway: Table 6 Existing ADT and Peak Hour INTERSECTION East 'Vest AM F Bound Bound (8-9 A Industrial Pk«y e/o 903 ADT 996 ADT 13 Palm Avenue Hallmark Pkwy w/o 4,950 ADT 4,890 ADT 91 University Pkwy Source: City of San Bernardino Traffic Engineer The proposed project would add the equivalent of 440 trips per day (220 round trips) to the surrounding roadways. The proposed project's maximum anticipated daily traffic will increase the existing ADT of the critical intersections as noted in Table 7. In order to establish a worst case scenario of the predicted 440 trips generated by this facility, all 440 trips will be added to both the east bound and west bound segments of Industrial Parkway at both key intersections. This will significantly overestimate the assumptions regarding project-related traffic to emphasize the impact of the proposed project on the existing traffic volumes. It is also important to note that the A.M. and P.M. Peak Hour figures for Industrial Parkway(7-8 A.M. and 4-5 P.M.) do not correspond to peak hour figures for the operation of California Bio-Mass based on historical vehicle count data for the existing facility (January to November 1999). The historical A.M. peak hour for the facility is 9-10 A.M. (10 vehicles), =3"P:M '..(6 : -TM 6_f vehicles). However, to continue to analyze a worst case scenario, the A.M. and P.M. peak hours of the proposed project will be added to the A.M. and P.M. peak hours of Industrial Parkway. c si4.oa is�te21I)ccmba 10.i" IS-34 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Table 7 Project Related ADT Increase INTERSECTION East West AM Peak PM Peak Bound Bound (10 trips avg) (6 trip avg) Industrial Pkwy e/o 49% 44% 7% 0.6% Palm Avenue Hallmark Pkwy w/o 9% 9% 5% 0.7% University Pkwy Again,the scenarios illustrated in Table 7 significantly overestimate the assumptions regarding project related traffic to prove that the daily operations will not result in a significant increase in traffic volumes. The quantified increases (440 ADT and 10 hourly trips) would not significantly impact the current volume for the intersection of Hallmark Parkway and University Parkway. However, due to the currently low volumes at Industrial Parkway at Palm Avenue, the project does result in a significant increase in use at this intersection. Much of the industrially zoned land at the western end of the Parkway is undeveloped at this time, resulting in a lows volume at this intersection. b) The proposed project will not result in altering the present pattern of circulation in the vicinity of the project.Access to the facility will be from Industrial Parkway. Vehicles will enter the site at the northern most driveway and advance to the scale, approximately 200 feet from the entrance. This distance will allow a minimum of 5 vehicles to queue on-site. Queuing will not occur off-site ensuring that vehicular movement along Industrial Parkway will not be impaired. Existing routes will be maintained and used as vehicles either approach or leave the site traveling north or south on Industrial Parkway within their route. The transfer of green waste material will occur 24-hours per day, resulting in a proportion of the transfer trips occurring during off-peak periods. C) The proposed project will not change the basic paths or patterns of circulation in the immediate area,and will not create any disjointed roadway improvements. The incremental increase in traffic volume (50 commercial vehicles and 35 employee vehicles per day) on the roadways and intersections is a less than significant impact. d) The project will not impact rail or air traffic. The nearest airport or air strip to the project site is the San Bernardino International Airport(former Norton Air Force Base) located approximately 8 miles to the southeast. The nearest passenger railroad operation is the Amtrak Station at 3'd Street and Mt. Vernon approximately 4 miles to the south. The project will not stimulate any activity that would place demands on rail or air traffic,nor interfere with their operations. e) All parking for the proposed project will be provided on-site. Parking spaces for the project were designed to comply with the requirements of Chapter 19.24 of the City of San Bernardino Development Code. G 514.001 1s si1cimccn„be,10.19" IS-35 CITY OF SAN BERNARDINO PLANMNG AND BUILDPIG SERVI(tES INITIAL STUDY f) The proposed project will not create any safety hazards to vehicles,bicyclists,or pedestrians. The project is expected to increase traffic volumes by 50 commercial vehicles per day and 35 employee vehicles per day,therefore there will be no substantial changes to the existing circulation patterns.Access to the site is provided through driveways onto Industrial Parkway. g) Due to the nature of the project,site activities and transportation methods will not conflict with adopted policies supporting alternative transportation. h) Project design includes adequate emergency access on-site. Design plans for the project will be reviewed by the City Fire Marshall to ensure compliance with the City's Development Code. VII. BIOLOGICAL RESOURCES a) The proposed 10.28-acre project site is located westerly of Industrial Parkway, southerly of Palm Avenue, and northerly of University Parkway in the City of San Bernardino. The site lies at the confluence of the Devils Canyon Diversion Channel and Cable Creek, however, the site is not within the Biological Resources Management Overlay identified in Section 10.0 -Natural Resources, Figure 41, of the City's General Plan. b/c) The proposed project will not result in any impacts to endangered, threatened or rare species or their habitats. The 10.28-acre site is undeveloped. Plant cover consists of a mixture of non-native weedy species commonly found growing on vacant lots in southern California such as ragweed (Ambrosia psilostachya), short-podded mustard (Hirschfeldia incana), and foxtail (Vulpia myuros), which supports minimal wildlife activity. The surrounding properties are either vacant supporting similar non-native grasslands, or developed with heavy industrial activities such as San Bernardino Steel which discourage the presence of wildlife. I��F��No npanan habitat or jurisdictional drainages occur on-site`=, ��°1� . ► � e) The project site does not contain any trees. VIII. ENERGY AND MINERAL RESOURCES a) The project will not result in any conflicts with adopted energy conservation measures as required by the City of San Bernardino. Compliance with existing codes, ordinances, recognized conservation measures, ongoing"best available technology" and the General Plan will occur with City approval of the final project plans to reduce any net decrease in energy resources. As proposed, the project will not create any significant demand on existing/planned energy resources and facilities. b) Non-renewable resources to be used by the project include diesel fuel and natural gas. All uses shall be designed to be efficient; no wasteful use of non-renewable resources will occur. cArroj«vs 14.00✓is si<Q/Dmmb«1 0.19" IS-36 4 _ � CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY C) No loss of valuable mineral resources will occur with the c demand aggregate resources in the construction of parki asphalt will be required as part of construction. These r southern California region without any constraint and no .� resource base supporting these materials is forecast to occ is not significant due to the abundance of available local CAL t� IX. HAZARDS a/b) The facility stores and dispenses diesel fuels and lubricar transportation and on-site equipment (see Figure 4). concrete pad which has been designed with a 6-inch co- occur. The Company will submit and maintain a Haza Bernardino County Fire Department Hazardous Mat- removed by a licensed hazardous material transport co, , H-1: The City shall require all contractors to control spills of petroleum products and, if such spills occur, the contaminated soil or other material shall be collected and/or treated and disposed of at a facility licensed for contaminated soil. Records of spills and clean-up efforts shall be retained by the developer or contractor and made available to the City upon request. With implementation of the above measure,potential impacts associated with the storage and use of petroleum products on-site ,,ill remain at less than significant levels. Loads transported to the site may incidentally contain hazardous materials (paint,pesticide, herbicide containers, etc.). A load-checking program will be implemented at the site. Loads will be inspected as they enter the site and spotters will be stationed at the tipping area at all times to ensure that only approved materials are contained in the load. Loads that contain such materials may be turned away and directed to an appropriate disposal facility. Such material that is inadvertently tipped at the facility will be stored on-site in special bins until such time as a licensed hauler removes them from the site. Storage is limited to 90-days. C) All employees upon hiring are trained and tested in the proper use and storage of all materials and equipment which they may come into contact with while performing their given duties. No employee shall be required to perform a task for which he/she does not feel they have been adequately trained for. Training shall be reviewed and employees retrained as deemed necessary or requested by employees and management. Refresher training shall be conducted no less than quarterly.-Training will be a priority topic at all safety meetings. It is the responsibility of the Company's emergency coordinator to insure that all employees are trained in the procedures relating to hazardous material release. All employee training is reviewed by the Emergency Coordinator and retraining initiated if necessary. The coordinator must insure that all - ­�o.ds and pertinent emergency information is current and easily accessible by all. V:ff gj=Vs11.00/LSsite2/Dec=twr io.19" IS-37 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL, STUDY The bio-material will be screened for hazardous materials by load checkers to insure that no hazardous materials enter the process. If household hazardous material is found,the material will be stored in a hazardous materials storage bin. A hazardous waste hauler licensed in the State of California will be summoned to remove and properly dispose of the material within 90 days. Customers/visitors of the site will not be allowed near heavy processing machinery/equipment. Employees will be required to wear personal protective equipment, such as hard hats, ear plugs, and steel-toe boots. Exposure of people to potential health or safety hazards will be less than significant. The project proposes the use of a 10,000-gallon above ground fuel tank with a 500 gallon waste oil tank on-site. With the storage and use of petroleum products on-site, a limited potential exists for accidental release of these materials to the environment. The project site is not located in or near any fire hazard area indicated in Section 15 — Wind and Fire, Figure 61, of the City's General Plan; and City and County Fire Ordinances provide appropriate conditions to insure public safety is not jeopardized. X. NOISE a) The proposed use on-site N\zll include construction activities, the operation of heavy equipment operation, loading and unloading of trucks. The project will not involve the development of housing, health care facilities, schools. libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ld,, of 65 dB(A) exterior and an Ld,, of 45 dB(A) interior. b) The proposed project will introduce an industrial operation to a vacant parcel within the IH land use district. Surrounding uses within the immediate area and along Industrial Parkway,as the name implies, are also industrial along with scattered undeveloped parcels. No sensitive receptors are located immediately adjacent to the site,which could be impacted by the introduction of additional noise sources on-site. However, single-family residential land uses area present within 1,000 feet of the-site east of I- 215 and west of Cajon Boulevard. Increased noise levels from operation of the facility are not anticipated to impact the existing residences, due to their physical separation from the site and the fact that operations are conducted within an enclosed building. Noise from on-site operations will result from commercial and private trucks containing waste material entering and exiting the site. All transfer operations will occur Alithin the enclosed building,confining any operational noise to the site boundary. The facility will be open to the public from 7:00 am.to 5:30 p.m., Monday through Saturday. Facility maintenance and transfer-only of products to or from the site will occur 24 hours per day. The following pieces of equipment will be used for daily operations and are listed below: 1 - Water Truck 2 - Front-end Loaders 8 - Transfer Truck and Trailer 2—Fork Lifts clProjccxni4.oaiss„cvnaa„e«10.19" IS-38 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The project site is located in a relatively moderate background noise setting. The nature of the setting is primarily developed heavy industrial uses with some remaining open space areas. The nearest structure is located to the north immediately across Cable Creek, this is a portion of San Bernardino Steel. The most significant noise generators in the area are industrial uses within the area and traffic on Industrial Parkway and I-215. Although there are no sensitive noise receptors immediately adjacent to the site, the City of San Bernardino General Plan suggests that an acceptable exterior community noise equivalent level (CNEL) in residential areas is 65 with an interior noise level of 45. The CNEL is a 24-hour A-weighted average sound level from midnight to midnight obtained after the addition of 5 decibels (dB) to sound levels occurring between 7:00 P.M. and 10:00 P.M. and 10 dB to the sound levels occurring between 10:00 P.M. and 7:00 A.M. A-weighting is a frequency correction that often correlates well with the subjective response of humans to noise. The 5 dB and 10 dB penalties added to the evening and nighttime hours account for the added sensitivity of humans to noise during these time periods. Noise measurements taken of"typical'construction equipment indicate that a wheel loader generates approximately 68 dB(A) Leq at 100 feet from the area where it operates (EMCON 1996). Lq is the equivalent sound level; representing the average noise exposure over a one-hour, eight-hour, or 24-hour - period. This noise level is also a reasonable approximation for the noise generated by a wheel loader and other similar equipment used during construction of the site. If two pieces of equipment are used such as the wheel loader and grader, the combined noise level produced is anticipated to be approximately 71 dB(A)Leq at 100 feet from the point of origin. Equipment is assumed to operate wthin close proximity to each other in the construction area_ This will maximize the noise level in order to analyze potential off-site impacts. Additional commercial, light duty trucks and miscellaneous vehicles and generators for the processing equipment may also operate during this period. Based on the "typical' construction noise measurements from the equipment above, the maximum hourly average noise level in the vicinity of the working area are expected to be approximately 72 dB(A)L,,q at 100 feet from the point of origin. Equipment activity during the night will be limited to loading and unloading of the transfer truck and trailer which travels to other California Bio-Mass facilities with various ra,,t°materials to be processed and return with finished product to be sold. All transfer operations will occur within the enclosed building. Warehouse and distribution activities will also occur v-ithin the enclosed warehouse. Distance attenuation for a point source is equal to 6 dB(A) for every doubling of distance from the reference distance for hard and relatively flat site conditions similar to the proposed site conditions. The operation of the equipment can be treated as point sources of noise. Therefore at 200 feet from the point of origin, noise levels are approximately 66 dB(A) L�q, at 400 feet the noise Ievels are approximately 60 dB(A) Loq, and so on. Qmqj=Vs».oa,s site nccm,be,1o.17" IS-39 CITY OF SAN BERNARDINO PLANMNG AND BUILDING SEIF INITIAL STUDY W Therefore, no sensitive land uses would be impacted by nois, proposed project. The project site is located within an exis residences occur approximately 1,000 feet easterly and westerl west of Cajon Boulevard/BNSF rail line. Distance attenuatior. I significant reduction once noise travels west and east off site. It � � -� c&Lc noise level will be approximately 52 dB(A)L tc ,qat 800 feet fror to indoor noise reduction «-ith windows closed is typically as: ,,N-here measurements are not available. With the reductic � lyL ` approximately 37 dB(A)Leq at 800 feet will be anticipated. The: San Bernardino interior and exterior noise standards for resident XI. PUBLIC SEMCES a/b) The proposed project will not place additional demands on fire protection and medical aid services. The project site is not located in a fire hazard area indicated in Section 15 - Wind and Fire, Figure 61, of the City's General Plan. The closest fire station is City Fire Station No. 5 located approximately 2.5 miles easterly of the project site on Kendall Drive, south of University Parkway. Standard requirements for fire protection facilities,building design, and site access have been reviewed ,Mth the City of San Bernardino Fire Department and incorporated into the project design. The project as proposed meets the City's current standards for fire protection. C) The project will not place additional demands on police services. Security measures will be incorporated into the project design and will be based on recommendations of the City Police Department. d/e) The project is expected to employ approximately 35 people, 15 of which are existing employees of the company.die O tional einployees.will be drawn from existing residents-within or near the_City j of San Bernardino. he project will therefore not create a demand for new or additional school services, parks, or other recreational facilities as the workforce will be drawn from the existing population of the area. NN'ater requirements will be met by the City of San Bernardino. Existing water mains are present at Industrial Parkway, including fire hydrants. The water supply for process water will be provided via on-site fire hydrants consistent with the City of San Bernardino Fire Department requirements - 1,000 gallons per minute (GPM), 20 pounds per square inch(PSI), 120,000 gallons for 2 hours. The project site currently has no water demand and therefore, the project will result in an increase in ,%eater demand. The demands of the project are estimated based on the California Bio-Mass site in Bloomington. It is estimated that the project will use 10,000 gallons per day, or approximately 10 acre-feet/year. This demand will not be a significant impact on the current groundwater supply or production capability of the City of San Bernardino. G•JPnjec 14.00/Issile2/pomnber 10.1999 IS-40 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY f) The proposed project provides an alternative to traditional solid waste disposal. The project would accept bio-material that would ordinarily be landfilled. Such organic material,on average, represents 30 to 40 percent of the waste stream. The anticipated annual operational capacity for the facility is 250,00 cubic yards. The operation will therefore have the capability of diverting over 55,000 tons of material per year from the landfill. Therefore, a reduction on the demand for solid waste disposal would be realized. In addition, operations within the bagging plant will result in scrap plastic that will be collected for recycling. g) Incoming vehicles to the facility will include employees, collection vehicles (including tractor-trailer combinations, two axle trucks) and small vehicles including pick-up trucks - for an average of 85 vehicles per day. Approximately 50% of these vehicles are loads generated within the City of San Bernardino. This incremental increase in traffic volumes on the roadways will not result in a significant impact to maintenance of public facilities, including roads. XII. UTILITIES a) The project and office will be connected to all utilities. Natural gas service will be provided to the project site by the Southern California Gas Company. The project will not impact the company's ability to provide adequate levels of service nor will it create the need to increase capacity. Service will be provided from the nearest existing gas main without any significant impact on service or the environment. b) Electricity will be provided to the project site by Southern California Edison (SCE). Project operations - will not impact SCE's ability to provide adequate levels of service nor will it create the need to increase capacity. C) The proposed project would require telephone service. The project site is within the service area of General Telephone. GTE has determined that service can be readily extended to the site without any significant impact to existing service in the area. d) Existing water mains are present in Industrial Parkway, including fire hydrants. Water supply is provided by the City of San Bernardino Municipal Water District. No impact to water distribution will result from the implementation of the proposed project. C) The existing 12" sewer main in Industrial Parkway will be extended southerly along the frontage of the project site. The site is within the City of San Bernardino sewage service area, which has adequate capacity to service the proposed project. D, 'The City uses the San Bernardino County Flood Control District Comprehensive Storm Drain Master Plan to determine the need for master storm drain facilities. The site is located within subarea 4 of the Master Plan. Storm water collected on-site is diverted to an outlet pipe and discharged to the Devil's Canyon Channel at the southwest corner of the site. �:Avrvy_an14.oatssitczinc=„bcr 10.19" IS-41 CITY OF SAN BERNARDINO PLANNING AND BUILDING SEF INI'T'IAL STUDY AAO �G g) The project site is located in an industrial area that has adequa demands. The project will convert the existing 10.28-acre minimal demand on all utilities. Utility systems are in plac master-planned to provide service to the project site withot extensions. XIII. AESTHETICS a) The proposed 10.28-acre project site is located westerly c Avenue, and northerly of University Parkway in the City of Canyon Diversion Channel and Cable Creek, in an area Industrial (IH) (General Plan/Zoning). Scenic views in the immediate area encompass the San Bernardino Mountains to the east, and the vista through the Lytle Creek wash located westerly of the site. The properties in the immediate area are all heavy industrial in nature, therefore, development of this site will not create an impact in the scenic view or vista of the area. The existing condition of the project site is vacant,disturbed land. Development of the site will reduce the existing visual impacts associated with illicit dumping and other disturbance. The proposed project will not obstruct any significant or important scenic views. Landscaping of the street frontage- will enhance views from the immediate vicinity. b) Project design includes lighting to be directed onto the site and away from adjacent properties and adjacent streets. Site operations, including all processing and public deliveries, will be typically conducted from 7:00 a.m. to 5:30 p.m. Monday through Saturday. Transfer operations will occur 24-hours per day. The site is located within an area with a land use designation of Heavy Industrial (IH) (General Plan/Zoning). The nearest residences are located within 1,000 feet east and west of the site, however, the residences are separated from the site by major transportation corridors and will not be impacted by nighttime activities at this facility. No significant sources of light and glare will be created by the proposed project. Project design includes compliance with the City's Development Code standards for light and glare. XIV. CULTURAL RESOURCES a) The site is not within a sensitive archaeological area as identified in Section 3.0—Historical, Figure 8, of the City's General Plan. b) The project will not result in the alteration or destruction of any prehistoric or historic archaeological site because it is not located within a sensitive archaeological area as identified in the City's General Plan, Section 3, Figure 8. C) The project site is not identified as the potential location of a historical site, or contain any structures or objects listed in the City's Historic Resources Reconnaissance Survey. No impacts to such historic resources will occur with the proposed project. cir oxasu.oa 1s.Si1e2/nK=bcr 10.19" IS-42 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY XVe RECREATION a/b) The project is expected to employ approximately 35 people, 15 of which are existing employees of the company. The additional employees will be drawn from existing residents within or near the City of San Bernardino. The project will therefore not create a demand for new or additional parks, or other recreational facilities as the workforce will be drawn from the existing population of the area. Project development will not have an effect on the demand for neighborhood or regional parks or other recreational facilities, nor will it affect existing recreational opportunities. The nearest park or recreation facility is located approximately 1,000 feet east of the site. The Littlefield-Shults Memorial Park is located along Kendall Drive,which is east of I-215. The proposed project will not impact this or any other park or recreation facility. The City General Plan, Figure 39—Conceptual Equestrian Trail System, identifies a conceptual trail connection between Lytle Creek and the San Bernardino Foothills along Devils Canyon Channel. The Devils Canyon Channel forms the southern boundary of the project site. Development of the site would not preclude development of a trail connection along the channel. GAVoiccO 14.00/1Ssitc2Mftmba 10.19" IS-43 FROM CRWQCB—REGION 8 PHONE NO. : 909 7816288 Feb. 02 2000 04:17PM P1 ATTACHMENT F 3737 Main Street,Suite 500,Riverside,CA 92501-3339 California Regional Water Quality f • Board Santa • Region Fm To: Mr.Joe Bellandi,City of San Bernardino From: Joanne Lee, Land Disposal Section Development Services Dept Pax: (909)384-5080 Pages: 1,including this page Phone (909)384-5057 Date: 02MOO Re: Revised Initial Study,CUP No.99-17 for CC: the proposed Califomia Bio-mass facility in San Bernardino 0 Urgent IJ For Review Q Please comment 11 Please Reply 0 Please Recycle e Comments: Dear Mr. Bellandi: I have reviewed the revised Initial Study, dated Jan_ 31, 2000, far CUP No_ 99-17. The revised Initial Study has satisfactorily addressed our concerns, and we have no comment at this time. Please forward a copy each of the adopted Negative Declaration and CUP No. 99-17 to us when they are available. If you have any questions,please contact meat(909)782-3291. Sincerely, Joanne Lee ALDER STREET PROPERTY OWNERS &RESIDENTS ALDER STREET BLOOMINGTON, CALIFORNIA 92377 (909) January 3, 1999 Planning Commission City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 San Bernardino, CA RE: California Bio Mass Conditional Use Permit Dear Commissioner: Possibly the most important decision that you will make for the future prosperity and development of this very important industrial area of north San Bernardino will be to deny the application for CUP 99-17. The following information has been prepared and documented for you to help you better understand the past history and present conditions of the company, CALIFORNIA Bio-Mass, Inc. (CBM). The company and its principle shareholders have a long and easily documented history of ignoring jurisdictional regulations and the concerns of neighbors. The only way to avoid the future problems which the City and industrial neighbors will expect from this facility is to stop it now. Points that must be considered: CIWMB regulations regarding transfer facilities require that the site application for a Transfer Station be submitted to the Local Enforcement Agency and their input be considered for this facility. The Minimum Standards are included as Appendix `A'. CEQA requires a full Environmental Impact Report to be completed for this type of Facility, prior to consideration by this Commission. A Transfer Station requires a Full CIWMB Permit. State Water Quality Board requires that all of the requirements of Title 27 be considered by this Commission prior to action on the facility. Has the Santa Ana Regional Water Quality Control Board been asked to review and comment on this Facility? There is a wealth of factual information on CBM's consistent disregard for conditions of zoning, legal constraints, conditions of operation, local and state regulations and law, and the constant concern of adjoining property owners. Attached are public documents that have been submitted to various staffs and agencies during the past year in various hearings in San Bernardino and Riverside Counties and the State of California Integrated Waste Management Board (CIWMB). The single most troubling fact in all of this information is that in every case, with a preponderance of negative remarks from regulators, neighbors and respective staffs, CBM has been granted its requests over all Planning Commission - 2 - January 3, 1999 relevant objections. The question is WHY. Why is CBM so demonstrably cavalier in its disregard to regulations, while embraced and promoted by selected elected officials and administrators? San Bernardino County has just required that the Alder Street facility be closed by April 1, 2000. This however was allowed to remain open primarily because of the needs of the City of San Bernardino. Has this Commission reviewed the long list of violations that existed for years and were acknowledged by authorities and suffered by the neighborhood? Has County Code enforcement been called to inquire as to the operational standards employed by CBM? During these recent hearings CBM refused to accept responsibility for ground water cleanup at this site. The CIWMB staff reviewed the Riverside county facility application for Permit in December 1999 and their report is attached as appendix `B'. The staff noted violations of the CBM permit during that inspection and as you read their summary, you can understand the concerns of all of us that have a knowledgeable grasp of what CBM does in their day to day operations. Waste Management, Inc., the nation's largest waste hauler, is apparently the single largest customer for CBM and reportedly a strong backer for their facility in Riverside. Has there been any disclosure regarding future intentions for transfer and waste management within the City? This facility is subject to CEQA, and has no EIR prepared. CBM has had only a cursory brush of review of a very limited Initial Study by the applicant with no formal study by an outside jurisdiction or agency. Types of materials to be handled include grease trap liquids and food wastes (pre and post consumers) are the most difficult and malodorous of materials to deal with. There is no information as to the time that materials will be on site and handled during operations there. What is the protection against odors, ground water pollution, vectors, and health and safety issues? We are protesting this facility for the health, safety and protection of the people that live in our San Bernardino Valley. Sincerely, Beverly ibson Consuelo Alvarez cc: City Council Members & Mayor City Administrator SB Economic Development Agency San Bernardino Sun Telegram Riverside Press Enterprise enclosures: A. Article 6 Transfer Operations Regulatory Requirements / Minimum Standards B. CIWMB Board Meeting December 14-15, 1999, staff report on CBM, Riverside C. Riverside County hearing reports California Integrated Waste Management Board Board Meeting December 14-15, 1999 AGENDA ITEM 2 ITEM: Consideration Of A New Solid Waste Facility Permit For California Bio-Mass Inc., Riverside County I. SUMMARY Facility Facts: (Permits) Name: California Bio-Mass Inc. Facility No. 33-AA-0259 Facility Type: Mixed Waste Composting Facility Location: 83-109 Avenue 62 Thermal, CA Area: Current permitted area is 15 acres. Proposed permit is for 40 acres. Setting: Site is located in an unincorporated area zoned for agriculture. The nearest residence is about one quarter mile from the site. Operational Status: Active, operating under a registration permit as a green material composting facility issued in October 1996. In addition,the LEA issued a Stipulated Order of Compliance in July 1998.and renewed in December 1998 which allowed continued operation of the facility until a permit was obtained. Proposed Capacity: 700 tons per day or 14,000 tons per month Operator: California Bio-Mass Inc. Michael Hardy, Vice-President Owner: Hardy and Hardy Investments Michael Hardy, Owner LEA: Riverside County Department of Environmental Health Gary Root,Interim Director Page 2-1 Board Meeting Agenda Item-2 December 14-15, 1999 H. PREVIOUS (BOARD OR COMMITTEE) ACTION There has been no previous Board action on this facility. III. OPTIONS FOR THE BOARD OR COMMITTEE Requirements for Concurrence with a Solid Waste Facility Permit: Pursuant to Public Resources Code (PRC) Section 44009, the Board has 60 calendar days to concur in, or object to,the issuance of a solid waste facility permit. Since the proposed permit for this facility was received on October 21, 1999,the last day the Board could act would be December 20, 1999. The Board may decide to: 1. Concur in the issuance of the proposed permit as submitted by the LEA; 2. Object to the issuance of the proposed permit as submitted by the LEA; 3. Take no action on the proposed permit as submitted by the LEA. If the Board chooses this option, the Board shall be deemed to have concurred the issuance of the proposed permit 60 days after the Board's receipt of the permit. IV. STAFF RECOMMENDATION At the time that this item was prepared, staff did not have a recommendation on the proposed permit. Staff expects to make a recommendation at the Board meeting. V. ANALYSIS Background: Cal Biomass was issued a registration permit as a green material composting facility by the LEA in October 1996. This permit limited the site to having less than 10,000 cubic yards of feedstock and actively composting material on site at any one time. In addition, the operator indicated in the permit application that the site size would be 15 acres. In inspections since February 1998,the LEA has noted a violation of PRC 44014(b), indicating that the operator is failing to stay within the terms and conditions of the valid permit. Since that time the operator has increased its site capacity well beyond the 10,000 cubic yard limit (although the exact amount onsite has not been determined) and has increased site operations to more than the 15 acres described in the application. This was also in violation of the conditional use permit(CUP). The LEA issued a Stipulated Order of Compliance(Stip) in July 1998 allowing continued operation of the facility at the elevated levels while the operator sought the required permits. As a result of delays in the local CUP permitting process,the LEA revised the Stip in December 1998, allowing continued operation until the County Board of Supervisors made a decision on the CUP. In June 1999,the Board of Supervisors approved the CUP allowing the expanded operation. Page 2-2 Board Meeting Agenda Item-2 December 14-15, 1999 The operator prepared a Report of Facility Information and in September 1999 applied for a full solid waste facility permit as a mixed waste compost facility. The LEA determined the application to be complete on October 18, 1999 and submitted a proposed permit to the Board, which was received on October 21. Project Description: This facility operates in a manner unlike most other compost sites. Currently, the site accepts only green material, from sources such as curbside pickup, landscapers, minimum fee users, etc. Much of the material comes from the operator's green material chipping and grinding site in Fontana. The material is placed into large piles or grids, up to 150 feet by 50 feet by 12 feet high by loaders. No removal of contamination(including stumps, plastic, glass, etc.)occurs prior to placement of material into the piles. According to the Report of Facility Information, the material remains in the static piles for up to 27 weeks. No aeration or turning occurs, although sprinklers are placed on the piles to maintain moisture content. After the specified time in the piles, the material is placed in a grinder and screened. Contamination is also removed by a 12 person picking line. The cleaned finished product that passes through the screen is placed into windrows and traditional windrow composting occurs. Any"overs", that material that does not pass through the screen, is placed back into a static pile. Until recently,the "overs"had not gone through contamination removal, resulting in the static piles appearing highly contaminated. With the new process,the operator believes that the contamination in the static piles will be reduced. With the new permit, the operator will begin to accept grease trap pumpings, food wastes, and fishery waste, all of which the operator plans to incorporate into the static piles using dilution with green waste to reduce any potential odor impacts. The grease trap pumpings are to be sprayed onto the static piles using the sprinkler system described above. The facility will operate 24 hours per day, 7 days per week. There will be two shifts, one from 4:00 a.m. to 4:00 p.m. and the other from 4:00 p.m to 4:00 am. The facility will be open to the public from 6:30 a.m. to 5:00 p.m., Monday through Saturday. Temperature checks will be made on all raw piles and windrows for fire suppression purposes, and the windrows will be turned 5 times in 15 days for pathogen reduction and odor control purposes. After pathogen reduction, the piles will be turned once per week for the balance of the process. Approximately 15% of incoming materials are expected to be "residuals" (non-recyclable waste materials) which will be removed from the facility to an approved disposal site. Page 2-3 Board Meeting Agenda Item-2 December 14-15, 1999 Key Issues: • The site is currently operating outside the terms and conditions of the current permit. • The site currently operates as a green material compost facility while the proposed permit would allow the site to accept additional wastes and operate as a mixed waste compost facility. • The site would, under the proposed permit,be able to accept additional waste types including grease trap pumpings, food wastes, and fishery wastes. • Consistency with the Board's CEQA requirements had not yet been established at the time the agenda item was prepared. • Board staff noted one violation of state minimum standards regarding pathogen reduction (Windrow Temperature and Turning) during the pre-permit inspection. Fiscal Impacts: Not Applicable Findings: Any person proposing to operate a solid waste facility under a full permit shall file an application to include: • A completed joint application form • Report of Facility Information(RFI) • California Environmental Quality Act (CEQA) information • Conformance finding information • Complete closure plan(if applicable) • Financial assurance information(if applicable) • Operating liability information(if applicable) • Land use permits • Owner/operator certification. The LEA has certified that the permit package is complete and correct, including a statement that the RFI meets the requirements of Title 14, California Code of Regulations(14CCR), Section 17863. The LEA has also made a finding that the proposed permit is consistent with, and supported by, the existing CEQA analysis. Page 2.4 Board Meeting Agenda Item-2 December 14-15, 1999 The following table summarizes Board staffs analysis: California Bio-Mass Inc. Accept- Unaccept- To Be Not See Details able Deter- Applic- in Agenda Facility No. 33-AA-0259 able mined able Item CIWMP Conformance(PRC 50001) X 1 CoSWMP Conformance(PRC 50000) X General Plan Conformance(PRC 50000.5) X Consistency With State Minimum Standards X 2 California Environmental Quality Act X 3 Closure/Post-Closure Maintenance Plan X Funding for Closure/Post-Closure Maintenance X Operating Liability X RR Completeness X 1. Conformance with PRC 50001 Staff of the Board's Office of Local Assistance have determined that the information contained in the permit is consistent with the description in the County's Non Disposal Facility Element (NDFE). The NDFE was revised recently by the County and approved by the Board on November 15, 1999. 2. Consistency with State Minimum Standards Staff, in conjunction with the LEA, conducted a joint inspection of the site on November 4, 1999. As this item went to print, the inspection report had not been completed. However, staff noted one violation of the PRC, one violation of state minimum standards, and two areas of concern with regard to state standards. Violations: PRC 44014 (b) —Operator Complies with Terms and Conditions of the Permit As noted previously, the operator is operating outside the limitations of the current registration permit. Issuance of the proposed permit would rectify this violation. 14CCR 17868.3(b)(3) —Windrow Temperature and Turning Using the thermometers of both the operator and LEA, staff were unable to consistently document temperatures consistent with the regulatory standards (greater than 131 degrees F) in the two windrows tested, both of which should have been actively composting. It should be noted that the operator records show adequate temperatures for the required (at least 15 day) period. In addition, the required pathogen testing performed on the finished material does not show elevated levels of E. coli. (However, see area of concern below.) Page 2-5 Board Meeting Agenda Item-2 December 14-15, 1999 The operator has not applied to the LEA for an alternative method of compliance,which could allow for lower temperatures to be acceptable. Staff have concerns relative to the low temperatures noted during the inspection. Areas of Concern: 14CCR 17863 —Report of Composting Site Information(RCSI) The latest version of the RCSI provided to Board staff(dated September 1999) indicated that the static piles were to be statically aerated using piping. It was not until the October LEA inspection that the LEA became aware that this was not taking place. The operator only provided amendments to the RCSI the day before the pre-permit inspection. When applying for a permit or after receiving a permit,the operator should notify the LEA of any changes in design and/or operation and receive approval, before implementing them. 14CCR 17868.1 —Sampling Samples gathered for analysis are not always submitted to the testing laboratory in a timely manner. The samples should be forwarded to the laboratory within a timeframe acceptable to the LEA. 3. California Environmental Quality Act The following is a synopsis of Board Environmental Review Staff s findings regarding CEQA: The LEA has cited the Mitigated Negative Declaration(MIND) SCH#98101106 and Revised Initial study(IS), as prepared by the County of(County) Planning Department (Lead Agency that were circulated through the State Clearinghouse (SCH) in March 1999, as evidence of CEQA compliance for this proposed SWFP. Environmental Review Section(ERS) staff reviewed the Revised IS and the proposed MND for this project in April 1999. The project as proposed will permit expansion of a composting facility designed to collect, process, and compost green waste, food waste(including grease trap materials),vegetable waste, paper, liquid waste, animal manure, and unspecified miscellaneous waste. Drywall scrap from construction sites will be ground on-site for use as a bulking material and added to the finished compost product. A zone change from the existing A-1-10 to a requested A-2-10, as required under the County General Plan for composting operations, has been requested as part of this proposed project in order to permit composting on the 80-acre parcel. According to the amended Project Description on Page 1 of the revised IS,the proposed facility will have a revised design capacity of 346,000 tons. The maximum amount of materials on-site at one time will be of 725,500 cubic yards (CY) of feedstock,compost, and finished material. Page 1 of the revised IS also indicates that the facility will receive up to 20,000 tons per month of greenwaste, 5,800 tons per month of food,vegetable and paper waste, and 3,000 tons per month of miscellaneous waste, including drywall scrap. The maximum daily amounts of the various feedstocks are not stated. Page 2-6 Board Meeting Agenda Item-2 December 14-15, 1999 Page 26 of the revised IS indicates that the proposed project will generate an average of 23 trips per day to the facility of various types of vehicles, but does not indicate the maximum or peak daily number used for Traffic/Transportation impact assessment. FINDINGS AND MITIGATIONS IN THE REVISED MND The Lead Agency has identified potential impacts requiring mitigation in the areas of Aesthetics; Agricultural Resources;Air Quality; Geology and Soils;Hydrology and Water Quality; Land Use and Planning; and Public Services. According to the analysis, potential impacts to these areas will be mitigated to a level of less than significant by proposed project mitigation measures agreed to by the project applicant prior to circulation of this environmental document. On the basis of these findings the Lead Agency has proposed the preparation and adoption of a Mitigated Negative Declaration(MND) for this proposed project. The proposed SWFP was received on October 26, 1999. The LEA has provided a finding that the proposed SWFP is consistent with the cited CEQA documents. ER staff have reviewed the CEQA documents and referenced information provided by the LEA along with permit conditions in the proposed SWFP. To date,ERS staff have received no response to continents and questions in our comment letters from the Lead Agency. Without a response to comments and questions proposed in our comment letters,ERS staff do not have sufficient information about the design and operation and the environmental evaluation of the proposed facility to make a recommendation as to whether or not the cited CEQA document would be adequate for CIWMB concurrence purposes. In addition to those unanswered comments and questions cited above, a review of the September 1999 Report of Facility Information(RFI) cited as a descriptive document in the SWFP appears to describe a project that may be significantly different than the project described in the CEQA document. The RFI describes a project that will involve the placement of feedstock materials into static grids and piles, and windrows for composting purposes. The windrows will be subject to controls designed to prevent impacts from odors and pathogen propagation by temperature monitoring and turning of the windrows to provide oxygen for the composting process. According to the RFI and consultation with the operator and LEA,the static grids and piles will contain mixed feedstocks that may remain static for 6 to 9 months without aeration or turning of the piles. This part of the proposed operation could present the opportunity for anaerobic decomposition resulting in odor impacts and pathogen production that have not been described or evaluated in the CEQA document. The CEQA document described a process that was understood to involve primarily windrow processing that would provide odor and pathogen control methods in accordance with State Composting Regulations, and not composting in static piles. Additionally,the SWFP does not indicate a design capacity. For CEQA evaluation purposes the SWFP should indicate and limit the annual design capacity of the facility and the amounts of feedstock and active compost that will be on-site at one time. Page 2-7 Board Meeting Agenda Item-2 December 14-15,1999 CEQA SUMMARY After comparison of the CEQA document and the RFI description with the proposed SWFP; ERS staff are of the opinion that, without a response to ERS comments and questions mentioned above, the CEQA document does not contain enough information at this time for ERS staff to make a recommendation as to the adequacy of the CEQA document for CIWMB concurrence purposes for this facility. ERS staff are also of the opinion that certain information in the proposed SWFP is not consistent with information in the CEQA document. See ERS staff comments above regarding compost operation, acreage,tonnage, and design capacity. Until these issues are resolved, ERS staff are unable to make a recommendation on the CEQA document for this facility. At the time this agenda item was being prepared, ERS staff was to soon meet with the LEA and the County Planning Department to resolve the issues. Staff anticipates that changes to the proposed permit may also be required prior to the Board meeting. VI. FUNDING INFORMATION Amount Proposed to Fund Item: $ NA Fund Source: Used Oil Recycling Fund Tire Recycling Management Fund Recycling Market Development Revolving Loan Account Integrated Waste Management Account Other(specify) Proposed From Line Item: Consulting &Professional Services Training Data processing Other(specify) Redirection: NA If Redirection of Funds: $ Page 2-8 Board Meeting Agenda Item-2 December 1415, 1999 Fund Source: Line Item: VII. VII. ATTACHMENTS 1. Site Location 2. Site Diagram 3. Proposed Permit 4. Resolution VIII. CONTACTS Prepared By: David Otsubo Phone: 255-3303 Reviewed By: Suzanne Hambleton Phone: 255-4165 Reviewed By: Mark De Bie Phone: 255-2453 Approved By: Julie Nauman Phone: 255-2431 Legal Review: Date/Time: Page 2-9 1-1.1-1 1-1.1 --1111,11-l- 1 Chapter 3. Minimum Standards for Solid Waste Handling and Disposal 2 Article 6.0 Transfer Operations Regulatory Requirements 3 Section 17400 Authority and Scope. 4 (a) Articles 6.0 6.1 6.2 and 6.3 set forth permitting requirements and minimum operating standards for operations that transfer solid waste. These Articles are not 5 applicable to Transfer/Processing Stations regulated by Article 6.4. These Articles are not applicable to operations that transfer only one type of solid waste, if such an activity is 6 expressly subject to regulations elsewhere in this Chapter, including but not limited to, Article 5.6 (commencing at section 17360). 7 (b) These Articles are adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 8 40000 of the Public Resources Code, as amended. These requlations should be read _together with the Act. 9 (c) These Articles implement those provisions of the Act relating to the transfer of solid waste. Nothing in these Articles is intended to limit the power of any federal state 10 or local agency to enforce any provision of law that it is authorized or required to enforce or administer. 11 (d) Nothing in these Articles shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits licenses or other 12 clearances and complying with all orders, laws, regulations, or reports or other requirements of other regulatory or enforcement agencies including but not limited to 13 local health agencies, regional water quality control boards air quality management districts or air pollution control districts, local land use authorities and fire authorities. 14 (e) Nothing in these Articles is intended to require the owner or operator of a transfer operation to comply with the Enforcement Agency Notification requirements 15 pursuant to these Articles if that owner or operator already has a valid full solid waste facility permit pursuant to section 44001 of the Public Resources Code. 16 NOTE: Authority cited: Sections 40502. 43020. and 43021 of the Public Resources 17 Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 18 Section 17401 Applicability of 19 S-4-afien-s whiGh FeGeive less than 100 GubiG yards of wastes per opeFating day shall be governed by only SeGtiGRG 17-400 through 17426. All stations re i i - e than 100 20 GubiG yaFds of wastes peF opeFating day shall be govemed by only SeGtiGR 17400 through 1:7413 and SeGtions 17440 through 17564. The standardr, GentaiRed iR this ArtiGle shall 21 be in fGFGe for all statiORS whiGh ation on or after july 1, 1976, or priGr to that date if provided in the GGunty solid waste management plan developed and approved 22 pwsuant to SeGtion 66780 of the Government Giode. 23 S-TATI(QUI APPROVAL 24 25 26 27 28 Transfer Operations Regulatory Requirements 1 Section 17402 Definitions. 2 For the purposes of this Article: (a) "Limited Volume Transfer Operation" means a transfer operation that receives 3 60 cubic yards or less of solid waste on any operating day. (b) "Operating Area" means the following areas within the boundary of a transfer 4 operation which are regulated by the Board, the boundary may or may not be the same as the property boundary: 5 (1) equipment management area, including cleaning, maintenance, and storage areas; 6 (2) solid waste storage areas, and, (3) transfer areas. 7 (c) "Operating day" means the day as set forth in the application and/or permit but not to exceed 24 hours. 8 (d) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, is legally responsible for all of the 9 following: (1) complying with regulatory requirements set forth in this Article; 10 (2) complying with all applicable federal, state and local requirements; (3) the design, construction, and physical operation of the operations area. 11 (e) "Owner" means the person or persons who own, in whole or in part, a transfer operation, and/or the land on which it is located. 12 (f) "Sealed Container Transfer Operation" means a transfer operation that meets the following requirements: 13 (1) only handles solid waste that has previously been placed within containers that have a latched, hard top which is closed tightly enough to: 14 (A) prevent liquid from infiltrating into or leaking out of the container: and (B) prevent the propagation and migration of vectors: and, 15 (2) the solid waste remains within these unopened containers while on-site at all times; and 16 (3) these containers are not stored on-site for more than 96 hours. Sealed container transfer operations do not include operations excluded by Public 17 Resources Code section 40200(b)(3). (g) "Transfer Operations" means operations that receive solid wastes, or 18 temporarily store for purpose of transferring from one container to another, or to transfer the solid waste directly from a smaller to larger container or vehicle for transport. 19 "Transfer operations" or "operations" refer to those activities governed by the EA Notification tier requirements. 20 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources 21 Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 22 Section 17403.0 Regulatory Tiers for Transfer Operations. 23 Sections 17403.1 throuqh 17403.3 set forth the regulatory tier requirements (Title 14 Division 7, Chapter 5.0, Article 3.0, commencing at section 18100) that apply to specified 24 types ot transfer operations. 25 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 26 Section 17403.1 Excluded Operations. 27 a) The following operations do not constitute transfer operations for the purposes 28 of this Article and are not required to meet the requirements set forth herein. Transfer Operations Regulatory Requirements 1 1) Locations where 15 cubic yards or less of combined container volume is provided to serve as multi-residence receptacles for residential refuse and are located at 2 the place of generation; 2) Storage receptacles at the place of generation for waste from multi-residential 3 buildings or for commercial solid wastes at the place of generation; 3) Containers used to store construction or demolition wastes at the place of 4 generation; or 4) Containers used to store salvaged materials. 5 b) Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation to verify that the operation is being conducted in a 6 manner that ualifies it as an excluded operation or from taking any appropriate enforcement action. 7 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources 8 Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 9 Section 17403.2 Sealed Containers Transfer Operations. 10 All sealed container transfer operations subject to this Article shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 11 5.0, Article 3.0 of California Code of Regulations (commencing at section 18100). These operations shall be inspected by the enforcement agencv as necessary to verify 12 compliance with the minimum standards. Inspections shall be conducted quarterly, unless the enforcement agencv determines a lesser frequency is necessary, but in no case shall 13 the frequency be less than annually. 14 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 15 Section 17403.3 Limited Volume Transfer Operations. 16 All limited volume transfer operations subject to this Article shall comply with the 17 Enforcement Agency Notification requirements set forth in Title 14 Division 7 Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing at section 18100). 18 These operations shall be inspected by the enforcement agency as necessary to verify _compliance with the minimum standards. Inspections shall be conducted quarterly, unless 19 the enforcement agency determines a lesser frequency is necessary, but in no case shall the frequency be less than annually. 20 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources 21 Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 22 Section 17405.0 Applicability of State Minimum Standards. 23 a) Articles 6.0, 6.1, 6.2, and 6.3 of this Chapter set forth the minimum standards that apply to all transfer operations, except as noted in Section 17400(a). 24 b) Approvals, determinations and other requirements which the enforcement agency is authorized to make under Articles 6.0 6.2 and 6.3 shall be provided in writing to the 25 operator. The operator shall maintain a copy of these approvals in addition to those records identified in Section 17414. 26 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources 27 Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 28 Article 6.1 Siting and Design Transfer Operations Regulatory Requirements 1 Section 17406.1 Siting On Landfills. 2 (a) Operations or portions thereof, located atop closed solid waste landfills shall meet 3 postclosure land use requirements pursuant to Title 14, Division 7, Chapter 3, Article 7.8, Section 17796 of the California Code of Regulations. 4 (b) Operations or portions thereof, located on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by 5 natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations. 6 (c) Operations or portions thereof, located on intermediate cover shall be operated in a manner not to interfere with the operations of the landfill or with the closure of the landfill. 7 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 8 Reference: Sections 43020 and 43021 of the Public Resources Code. 9 Section 17406.2 General Design Requirements. 10 _ (a) The design of a new operation shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design traffic engineering air 11 quality control, and desiqn of structures. (b) The design shall be based on appropriate data regarding the expected service area 12 anticipated nature and quantity of wastes to be received, climatological factors physical settings, adiacent land use (existing and planned) types and number of vehicles 113 anticipated to enter the operation , adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the 14 operation is to be used by the general public the design shall take account of safety features which may be needed to accommodate such public use. 15 (c) The operation shall be designed in such a manner as to restrict the unloadinq area to as small an area as practicable, provide adequate control of windblown material 16 minimize the propagation or attraction of flies, rodents or other vectors and the creation of nuisances by reason of solid wastes being deposited at the operation. Other factors 17 which shall be taken into consideration are: dust control noise control public safety, and other pertinent matters related to the protection of public health. 18 (d) Solid waste storage containers shall be durable easily cleanable designed for safe handling, and constructed to prevent loss of wastes from the container during storage. If 19 such container is used to store garbage, other wet or liquid producing wastes or wastes composed of fine particles, such container shall in all cases be nonabsorbent and leak- 2'o resistant. Unloading areas shall be easily cleanable designed for safe handling and constructed to prevent loss of wastes. 21 NOTE: Authority cited: Sections 40502, 43020 and 43021 of the Public Resources Code 22 Reference: Sections 43020 and 43021 of the Public Resources Code. 213 Article 6.2 Operating Standards 24 Section 17407.1 Burning Wastes. 2.5 If burning wastes are received, they shall be deposited in a safe area and extinguished A safe area is defined as being away from unloading or transfer areas structures on 26 adiacent properties and other fire hazard areas. 27 NOTE: Authority cited: Sections 40502, 43020 and 43021 of the Public Resources Code Reference: Sections 43020 and 43021 of the Public Resources Code. 28 Transfer Operations Regulatory Requirements 4 1 Section 17407.2 Cleaning. 2 Operations and equipment shall be cleaned using the following schedule, or at a frequency, approved by the enforcement agency, in order to prevent the propagation or 3 attraction of flies, rodents, or other vectors: (a) All operations shall be cleaned weekly of all loose materials and litter. 4 (b) All equipment, boxes, bins, pits and other types of containers used shall be cleaned of residual material at a frequency which will meet the requirements of this section. 5 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. s Reference: Sections 43020 and 43021 of the Public Resources Code. 7 Section 17407.3 Drainage Control. 8 Drainage at all operations shall be controlled to protect the public health and safety and to prevent interference with operations. 9 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 10 Reference: Sections 43020 and 43021 of the Public Resources Code. 11 Section 17407.4 Dust Control. 12 The operator shall prevent the creation of excessive dust. Dust is excessive when it results in any of the following: 13 (1) Safety hazards due to obscured visibility: or (2) Irritation of the eyes: or 14 (3) Hampered breathing. 15 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 1s Section 17407.5 Hazardous Wastes. 17 Hazardous wastes, such as batteries, oil and paint, may be accepted only if approved by 18 the appropriate regulatory agencies, including the enforcement agency, and in the manner approved by each agency so as to protect public health, safety, and the environment. 19 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 20 Reference: Sections 43020 and 43021 of the Public Resources Code. 21 Section 17407.6 Liquid Wastes. 22 Liquid wastes and sludges shall not be accepted at an operation unless the operation and transfer vehicles are properly equipped to handle such wastes as authorized by the 23 enforcement agency so as to protect public health, safety, and the environment. 24 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 25 Section 17408.1 Litter Control. 26 Litter shall be controlled, routinely collected and disposed of properly. Windblown 27 materials shall be controlled to prevent injury to the public and personnel. Controls shall prevent the accumulation or off-site migration of litter in quantities that create a nuisance 28 or cause other problems. Transfer Operations Regulatory Requirements 1 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 2 Reference: Sections 43020 and 43021 of the Public Resources Code. 3 Section 17408.2 Medical Wastes. 4 Medical waste which is regulated pursuant to the Medical Waste Management Act [Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code], 5 shall not be accepted at an operation, unless treated and deemed to be solid waste, or if approved by the appropriate regulatory agency. 6 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 7 Reference: Sections 43020 and 43021 of the Public Resources Code. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Transfer Operations Regulatory Requirements 1 Section 17408.3 Noise Control. 2 Noise shall be controlled to minimize health hazards to persons using the operation and to nearby residents. 3 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 4 Reference: Sections 43020 and 43021 of the Public Resources Code. 5 Section 17408.4 Non-Salvageable Items. 6 Drugs, cosmetics, foods, beverages, hazardous chemicals, poisons, syringes, needles, pesticides and other materials capable of impairing public health shall not be salvaged at 7 operations unless approved by the enforcement agency and the local health agency. 8 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 9 Section 17408.5 Nuisance Control. 10 Each operation shall be conducted and maintained so as not to create a nuisance as 11 defined in Section 17225.45. 12 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 13 Section 17408.6 Operation Maintenance Program. 14 The operator shall monitor and promptly repair or correct deteriorated or defective 15 conditions as determined by the enforcement agency to meet the requirements of this Article. Preventive maintenance procedures and programs shall be developed and 16 utilized. 17 NOTE: Authority cited- Sections 40502, 43020, and 43021 of the Public Resources Code, Reference: Sections 43020 and 43021 of the Public Resources Code. 18 Section 17408.7 Personnel Health and Safety. 19 Personnel shall wear and use appropriate safety equipment as required by the 20 enforcement agency. 21 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 22 23 24 25 26 27 28 Transfer Operations Regulatory Requirements { 1 Section 17408.8 Protection of Users. 2 An operation shall be designed, constructed and maintained so that contact between users and solid wastes is minimized. Railing, curbs, grates, and fences shall be provided 3 as necessary to adequately protect the public and/or site personnel. 4 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 5 Section 17409.1 Roads. 6 All roads and driveways shall be designed and maintained to minimize the generation of 7 dust and the tracking of material onto adiacent public roads. Such roads shall be kept in safe conditions and maintained to allow vehicles utilizing the operation to have 8 reasonable all-weather access to the site. 9 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 10 Section 17409.2 Sanitary Facilities. 11 At operations which have site attendant(s), an adequate number of sanitary toilets and 12 handwashing facilities shall be readily accessible to personnel. 13 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference. Sections 43020 and 43021 of the Public Resources Code. 14 Section 17409.3 Scavenging and Salvaging. 15 Each operation shall meet the following requirements: 16 (a) Scavenging shall be prohibited. (b) Salvaging shall be conducted in a planned and controlled manner and not 17 interfere with other aspects of operation. (c) Salvaged materials shall be placed for storage in specified, clearly identifiable 18 areas. (d) The maximum storage time shall be limited to a duration which will not result in 19 health, nuisance, or fire problems. e) The manner in which salvaging is stored shall not result in a health or safety 20 hazard. 21 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code, Reference: Sections 43020 and 43021 of the Public Resources Code. 22 23 24 25 26 27 28 Transfer Operations Regulatory Requirements 1 Section 17409.4 Signs. 2 (a) The name of the operation shall be posted with an easily visible sign at each point of access from a public road. 3 (b) If the operation is open to the public, there shall be an easily visible sign at the primary entrance indicating the name of the operator, the operator's telephone number, 4 schedule of charges hours of operation, and listing the general types of materials which either (1) WILL be accepted, or (2) WILL NOT be accepted. 5 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 6 Reference: Sections 43020 and 43021 of the Public Resources Code. 7 Section 17410.1 Solid Waste Removal. 8 All solid wastes shall be removed weekly or at a frequency, approved by the enforcement agency, in order to prevent the propagation or attraction of flies, rodents or other vectors. 9 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 10 Reference: Sections 43020 and 43021 of the Public Resources Code. 11 Section 17410.2 Supervision. 12 The operator shall provide adequate supervision to ensure proper operation in compliance with all applicable laws, regulations, permit conditions and other 13 requirements. The operator shall notify the enforcement agency, local health agency, and fire authority in writing of the names, addresses and telephone numbers of the operator, 14 manager and supervisor. 15 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 16 Section 17410.3 Training. 17 Personnel assigned to the operation shall be adequately trained in subjects pertinent to 18 operations and maintenance, includinq the requirements of this Article, hazardous materials recognition and screening, with emphasis on environmental controls and 19 emergency procedures. 20 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 21 22 23 24 25 26 27 28 Transfer Operations Regulatory Requirements 1 Section 17410.4 Vector and Animal Control. 2 The operator shall take adequate steps to control or prevent the propagation, harborage or attraction of vectors and animals, including flies, mosquitoes, and rodents. 3 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 4 Reference: Sections 43020 and 43021 of the Public Resources Code. 5 Article 6.3 Record Keeping Requirements 6 Section 17414 General Record Keeping Requirements. 7 Each operator shall meet the following requirements: (a) All records required by this Article shall be kept by the operator in one location 8 and accessible for five (5) years and shall be available for inspection by the enforcement agency, and other duly authorized regulatory agencies during normal working hours. The 9 operator shall submit copies of records to the enforcement agency quarterly. An alternative schedule may be approved by the enforcement agency. 10 (b) The operator shall maintain a daily log book or file of special occurrences encountered during operations and methods used to resolve problems arising from these 11 events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage 12 accidents, explosions, discharge of hazardous or other wastes not permitted, flooding and other unusual occurrences. 13 (c) The operator shall record any written public complaints received by the operator, including: 14 (1) the nature of the complaint, (2) the date the complaint was received, 15 (3) if available, the name, address, and telephone number of the person or persons making the complaint, and 16 (4) any actions taken to respond to the complaint. (d) The operator shall maintain records of weights or volumes handled in a manner 17 and form approved by the enforcement agency so as to be sufficiently accurate for overall planning and control purposes. 18 (e) The operator shall maintain records of employee training. 19 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. 20 21 22 23 24 25 26 27 28 Transfer Operations Regulatory Requirements 1 Article 6.4 Transfer/Processing Station Standards 2 GENERAL 3 Section 17413 Conformance wftb-latan 4 5 of approval of the GGunty solid waste management plaR, as Fequired by SeGtion 6678 6 S_ection 17420 Applicability of Standards. 7 a) This Article sets forth minimum operating standards that apply only to activities that are 8 not governed by Articles 6.0, 6.1, 6.2, and 6.3 of this Chapter. b) Stations which receive more than 60 cubic yards but less than 100 cubic yards of 9 wastes per operating day shall be governed by only Section 17420 through 17426. All stations receiving more than 100 cubic yards of wastes per operating day shall be 10 governed by only Section 17420 and Sections 17441 through 17564. The standards contained in this Article shall be in force for all stations which are in operation on or after 11 July 1, 1976 or prior to that date if provided in the county solid waste management plan developed and approved pursuant to Section 66780 of the Government Code. 12 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 13 Reference: Sections 43020 and 43021 of the Public Resources ode. 14 STANDARDS FOR SMALL VOLUME TRANSFER STATIONS 15 [CONTINUED ...] 16 17 Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facilitiesy Permits; Loan Guarantees 18 19 20 21 22 23 24 25 26 27 28 Transfer Operations Regulatory Requirements Date Event 9-9-98 Fax received and placed in file. Letter issued to Calif Bio-Mass. Copy of new conditions and letter fazed to Calif Bio-Mass. This was a result of an inspection on site by Fire Captain Gil Barrier earlier in the day. 9-16-98 3:30 a.m. Fire at Calif Bio--Mass 30 ton (one of three pile:) manure. Compliance order issued after fire incident. 13 violations observed.Most important was discovery of non- permitted above ground fueJ tanks. 9-18-98 Fax copy of the Eealth Departrnem haz mat permit acknowledging disclosure of haz that,and explaining that a current busintss pJan is not on file. It also explains that they will include this in new CUP. 9-22`98 Compliance order issued as a proptrty receipt for the issuance of plan review tank guides, And Uniform Fire Code excerpts that pertain to the storage, use and dispensing of fuel. Issued 'letter regarding the above ground fuel tanks_ Letter makes reference to original CUP 4 condition. New CUP condition added reference to above ground fuel tanks. Copy faxed to Fire Captain Barrier. A memo "to f t"documenting a quote from Ruben Cabrera, site manager about fuel tanks. A comrcrsation with eke Hardy explaining the fuel tank permit process, and adviskg him that his above ground tanks were not properly per:—rutted from Fire Department. 9-29-48 Approved road constraction desiun. 9-30-98 Reczived fax re3arding fuel tank letter of L-itert. Date Event 1-22-98 Fire Captain! Gil Barrier requested a copy of CUP from Dave Hardy. Mr Hardy requested a meeting with Captain Barrier- 1-22-98 Contacted by Fire Captain G.1 Barrier,reference pile sixes requesting inspection. 1-29-98 2nd fax from Captain Gil Barrier requesting inspection of facility, and direction from supervisors. 2-18-98 Performed inspection with Environmental Health, S.C.AQ.M.D. and local Battalion Chief Doug McKain- Issued compliance order for violation of CUP-3221 #10, #11. 2-25-98 Issued letter reference inspection on 2-18-98. 3-18-98 Met in Indio office with Dave Hardy, Planning Dept and Environmental Health. Agreed to a raw pile size of 250 feet x 150 x feat x 12 feet in height. Windrows to remain in size as current CUP condition 3-19-98 Issued letter to Dave Hardy regarding pile sizes. 4-4-93 Merno from Captain Gil Barrier to Battalion Cbie€McKain reference site inspection. 4-16-98 Meeting with Dave Hardy at La Quinta PGA West Fire Station Battalion Chief Doug Mc,Kain,Fire Captain Gil Barrier also in attendance, 1%=Sed new requirements for revised CUP, 4-29-98 Issued letter to Environmental H=th reference violating Calif Bin- Mass pile size on their inspection sheet. 5-14-98 Provided hand drawn map after inspection by Environmental Health inspector Irene Fe lman, 11ap shows windrows exceeding CUP size and not proper clearance. 7-31-98 After receiving revised site plan from Planning Department, new CUP condtons entered in Sierra system. 9-9-98 After phone conversation with Michael Hardy requesting a reduction of windrow clearance from 24 feet to 15 feet, Fire agreed to allow this reduction. New condition entered in Sierra system. of Fire Department Chronological sequence events log: California Bio-Klass CUB' 3221 Date Eveat 7-18-95 Fire Department original conditions issued. 8-29-95 Board of supervisors approval.. 10-12-95 Riverside County Fire Department compliance order which states that a reasonable degree of safety exists. This specifically requests a copy of the approved CUP. 9-1-97 Fire Captain Cadena assigned to Indio Fire Prevention bureau. 1OA-97 Became aware of operation 10-97 Visited site to observe operation. Commented on the nice operation, and asked them why they did not have any fires. Asked about the large piles, response was "EnviroamenW Health gave ok for large piles". Upon leaving made comment `keep up the good work, may use as a model". 10- to 12-97 After st:veral discussions with Environmental Health inspector Irene Fellman,beta ne aware of CUP conditions and how they applied to the project. Noticed the pile size violation per original CUP. After disci:ssffig project with Irene Fellman, she informed me that the Environrr enta l Health office did not give ok for large piles, she was told, " Fire Department said it was ok". This statement was Incorrect, Fire Department nor the EnvirvnmenW Health Deptartment gave the OK for any large pile sizes. At-w-bm=t P P'p / of- March 17, 1998 David L. Hardy, President California Bio-Mass 10397 Alder Avenue Bloomington, CA 92316 Re: Conditional use Permit to establish a facility for the processing of wood waste and the composting of green material on 4.90 acres; Rialto area/S5; File/Index: CUB/91-0037/E177-103; APN: 254-221-26 & 252-151-22 Dear Mr. Hardy, This is a follow-up to your office visit on March 12, 1998 and the field review at your site on February 27, 1998 by Code Enforcement Officers Bill Adams and Robert Delavera, and myself. As previously discussed, the purpose of the field review was intended to identify the problem odor, dust and noise coming from the site that is generating — community complaints about your operation, and to ascertain the status of your progress in complying with the conditions of approval for the subject use. While we were unable to identify a primary source of the problem odors, it was noticed that a large stock pile of potential odorous material had been recently removed from the southerly portion of site, and that there were loads of peppers mixed in with the existing unprocessed green waste material on the site. We question if the odor is coming from composting material or a decaying mixture of old vegetable waste and if you are handling a by product from the pickling operation located across from your site on the west side of Alder Ave. We agreed to collectively look into the methods used by other such facilities in the mitigation of the odor problem and that continuous ongoing monitoring and elimination of odor and dust problems from the site needs to occur. As you may be aware, all of the conditions of approval for the Conditional Use Permit are required to be completed before the site is occupied with the proposed use. Our discussion at the site identified a number of conditions that remain to be completed on the project. Those conditions are listed as follows: • Condition # 13 requiring a Special Use Permit (SUP) to monitor operation and insure public health and safety is out of compliance because the previous SUP expired on September 11, 1997. • Condition # 20 requiring the submittal of building plans and the obtaining of permits for the conversion and remodeling of the residential structure into an office has not been completed. • Condition # 27 requiring a Revised/Amended acoustical study has not been completed. • Condition # 37 requires a maximum diameter of 50 ft. x 50 ft. with a minimum 40 ft. separation between piles of unprocessed material. The field review showed a large continuous semi-circle of unprocessed material. • Condition # 40 required a 25 ft. to 50 ft. fire break around the perimeter of the overall storage area. The field review showed no fire break along the southerly boundary of the storage area and only a recent clearing of the fire break along the east boundary of the site. • Condition # 43 required the submittal of a topographic map to facilitate the design and review of necessary drainage facilities. No map has been submitted in compliance with this requirement. • Condition # 44 requiring an additional 14 ft. dedication to equal a 44 ft. half width right-of-way for Alder Ave. has not been completed. You indicated that the property owner John Boruchin is unwilling to give the land for dedication. • Condition # 45 requiring the submittal of road improvement plans to the County Roads Section has not been completed. • Condition # 46 requiring a paved turnaround and the completion of a Street and/or Drainage Improvement Construction Agreement has not been completed. • Condition # 47 requiring certification of payment of school fees has not been completed. • Conditions # 5 i through # 505 requiring compiiance with handicapped access requirements, Uniform Building Code requirements, Building and Safety Pre- Alteration inspection, and septic tank sizing requirements has not been completed. • The Current Business Plan and Hazardous Materials Handler Permit required under Conditions # 59 and # 60 expires April 30, 1998. • Condition # 71 requiring the installation of an anonometer (wind meter) to facilitate compliance with condition # 9 to control blowing of dust from the site has not been completed. • Condition # 72 requiring the surfacing of the remaining parking, driveway and circulation areas has not been completed. • The use of the Ag Socks to cover materials and minimize odors was not being implemented. You indicated that the Ag Socks were not being used because you are not doing a composting operation which you say was their intended purpose. The field review concluded that continuous ongoing efforts need to be implemented by the applicant to minimize the odor problem, that a number of conditions remain outstanding and that the operations being conducted on site do not coincide with what was approved on the site plan for the facility. You advised staff that you would proceed with completing the conditions of approval and that you would submit a revision to the conditional use permit to eliminate the previous composting operation and make the plot plan consistent with current operations existing on the site. I suspect that the elimination of the composting operation from the site will help reduce the odor problem and reduce the number of daily truck trips to the site. I have enclosed a "Revision to Approved Action Application" for your use. In conclusion, a review of County records indicates that this project was approved by the County Board of Supervisors on August 3, 1992; a 3 year extension was granted in July of 1995 and the current expiration date is August 13, 1998. The project is currently operating out of compliance with the conditions of approval and is subject to code enforcement action. It is necessary that you file the revision application as soon as possible which must include a compressed time schedule by which time each of the outstanding conditions will be completed. Should you have any questions regarding this matter please give me a call at (909) 387-4165. 1 nank You, Ron Riley, Senior Associate Planner Valley Regional Planning Division cc: Joe Rodriquez Valery Pilmer Ina Petokas SIN Adams ter. • COUNTY OF SAN BERNARD,INO LAND USE SERVICES DEPARTMENT - �� PUBLIC SERVICES GROUP 1M�C1NA4DIM0 PLANNING DIVISION 385 North Arrowhead Avenue San Bernardino, CA 92415-0181 vALERY PILMEFt (909) 387-4131 Director of Land Use Services First Floor Fax (909) 387-4301 - Third Floor Fax (909) 387-3223 15505 Civic Drive • Victorville, CA 92392 - (760) 243-8245 - Fax (760) 243-8212 March 17, 1998 David L. Hardy, President California Bio-Mass 10397 Alder Avenue Bloomington, CA 92316 Re: Conditional use Permit to establish a facility for the processing of wood waste and the composting of green material on 4.90 acres; Rialto area/S5; File/Index: CUB/91-0037/E177-103; APN: 254-221-26 & 252-151-22 Dear Mr. Hardy, This is a follow-up to your office visit on March 12, 1998 and the field review at your site on February 27, 1998 by Code Enforcement Officers Bill Adams and Robert Delavera, and myself. As previously discussed, the purpose of the field review was intended to identify the problem odor, dust and noise coming from the site that is generating community complaints about your operation, and to ascertain the status of your progress in complying with the conditions of approval for the subject use. While we were unable to identify a primary source of the problem odors, it was noticed that a large stock pile of potential odorous material had been recently removed from the southerly portion of site, and that there were loads of peppers mixed in with the existing unprocessed green waste material on the site. We question if the odor is coming from composting material or a decaying mixture of old vegetable waste and if you are handling a by product from the pickling operation located across from your site on the west side of Alder Ave. We agreed to collectively look into the methods used by other such facilities in the mitigation of the odor problem and that continuous ongoing monitoring and elimination of odor and dust problems from the site needs to occur. As you may be aware, all of the conditions of approval for the Conditional Use Permit are required to be completed before the site is occupied with the proposed use. Our discussion at the site identified a number of conditions that remain to be completed on the project. Those conditions are listed as follows: Condition # 13 requiring a Special Use Permit (SUP) to monitor operation and insure public health and safety is out of compliance because the previous SUP expired on September 11, 1997. 4S ' J^. :1 ES J HL:. c_-r j :d❑tir7:ctrl - c 'r •_ �Q_: k TW KELL ► i t ti.C S•.• � fic G � T't�rd 0 �_ ._ , _ '} n.'F: LS ... a " •.aalataft COUP :,FQUTtatT.� C — �kx. Pl t!C n ce-, • Condition # 20 requiring the submittal of building plans and the obtaining of permits for the conversion and remodeling of the residential structure into an office has not been completed. • Condition # 27 requiring a Revised/Amended acoustical study has not been completed. • Condition # 37 requires a maximum diameter of 50 ft. x 50 ft. with a minimum 40 ft. separation between piles of unprocessed material. The field review showed a large continuous semi-circle of unprocessed material. • Condition # 40 required a 25 ft. to 50 ft. fire break around the perimeter of the overall storage area. The field review showed no fire break along the southerly boundary of the storage area and only a recent clearing of the fire break along the east boundary of the site. • Condition # 43 required the submittal of a topographic map to facilitate the design and review of necessary drainage facilities. No map has been submitted in compliance with this requirement. • Condition # 44 requiring an additional 14 ft. dedication to equal a 44 ft. half width right-of-way for Alder Ave. has not been completed. You indicated that the property owner John Boruchin is unwilling to give the land for dedication. • Condition # 45 requiring the submittal of road improvement plans to the County Roads Section has not been completed. • Condition # 46 requiring a paved turnaround and the completion of a Street and/or Drainage Improvement Construction Agreement has not been completed. • Condition # 47 requiring certification of payment of school fees has not been completed. • Conditions # 51 through # 56 requiring compliance with handicapped access requirements, Uniform Building Code requirements, Building and Safety Pre- Alteration inspection, and septic tank sizing requirements has not been completed. • The Current Business Plan and Hazardous Materials Handler Permit required under Conditions # 59 and # 60 expires April 30, 1998. - -- 7 t_ s a... r ; K n 3Tr, • Condition # 71 requiring the installation of an anonometer (wind meter) to facilitate compliance with condition # 9 to control blowing of dust from the site has not been completed. • Condition # 72 requiring the surfacing of the remaining parking, driveway and circulation areas has not been completed. • The use of the Ag Socks to cover materials and minimize odors was not being implemented. You indicated that the Ag Socks were not being used because you are not doing a composting operation which you say was their intended purpose. The field review concluded that continuous ongoing efforts need to be implemented by the applicant to minimize the odor problem, that a number of conditions remain outstanding and that the operations being conducted on site do not coincide with what was approved on the site plan for the facility. You advised staff that you would proceed with completing the conditions of approval and that you would submit a revision to the conditional use permit to eliminate the previous composting operation and make the plot plan consistent with current operations existing on the site. I suspect that the elimination of the composting operation from the site will help reduce the odor problem and reduce the number of daily truck trips to the site. I have enclosed a "Revision to Approved Action Application" for your use. In conclusion, a review of County records indicates that this project was approved by the County Board of Supervisors on August 3, 1992; a 3 year extension was granted in July of 1995 and the current expiration date is August 13, 1998. The project is currently operating out of compliance with the conditions of approval and is subject to code enforcement action. It is necessary that you file the revision application as soon as possible which must include a compressed time schedule by which time each of the outstanding conditions will be completed. Should you have any questions regarding this matter please give me a call at (909) 387-4165. c an You,_ o Riley, en* ssociate Planner Va ey Regiona lanning Division cc: Joe Rodriquez Valery Pilmer Ina Petokas Bill Adams 6 � Si n'vek'k+,'y1 Exhibit 3 AGENDA ITEM #3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT- PLANNING DIVISION memorandum Date: March 14, 2000 To: Planning Commission cc: Michael Hays, Director of Development Services Valerie Ross, Principal Planner From: Joe, Belland6ssociate Planner Re: Conditional Use Permit No. 99-17 California Bio-Mass, Inc. The following information has been received or prepared since the Staff Report for this project was completed: 1. A letter with project related concerns from the Northwest Redevelopment Project Area Committee, dated and received February 18, 2000. 2. Planning Division memorandum dated March 14, 2000, responding to the concerns identified in the Northwest Redevelopment Project Area Committee letter. 3. Interoffice Memorandum dated March 16, 2000 from the Public Works Division— Revised Transportation Analysis. 4. A letter from Mr. Stewart Cumming, dated February 18, 2000, received by Planning on February 25, 2000. The letter is addressed to Pamela Bennett, Chief of the Local Enforcement Agency (LEA). The letter is a request to appeal the LEA determination of its decision on the classification of the project. 5. A letter dated March 3, 2000, and received by Planning on March 6, 2000 from the LEA, responding to Mr. Stewart Cumming's request for an appeal. 6. A letter dated and received March 3, 2000 from California Bio-Mass, Inc. The letter is responding to the Planning Commission question regarding the actual use of water on the site. 7. A letter dated February 18, 2000, and received March 7, 2000, from Burrtec Waste Industries, Inc., supporting the project. Response to Comments - Northwest Redevelopment Project Area Committee Letter dated February 18,2000 March 14,2000 The findings of the Initial Study indicate that the project, with the implementation of all mitigation measures, will not result in a significant impact on the environment. Therefore, staff recommends the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan and approval of Conditional Use Permit No. 99-17. NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE 1505 West Highland Avenue San Bernardino, California 92411 (909) 880-3250 18 February 2000 d v 208O CITY OF SAN BERNARDINO Planning Commission DEPARTMENT OF PLANNING& City of San Bernardino BUILDING SERVICES Development Services Department 300 North D' Street San Bernardino,CA. 92418 Re: California Bio-Mass proposed project/CUP 99-17 Dear Planning Commissioners; We,the members of the Northwest Redevelopment Project Area Committee(NRPAC),wish to go on record with the following comments regarding the above referenced project. We, as citizens of the City of San Bernardino State of California and being elected representatives of the NRPAC,realize the important role of recycling in the reduction of solid wastes going into our landfils and the beneficial role a facility of this type plays in achieving the goals set by the California Integrated Waste Management Board(CIWMB)toward landfil reduction. We also regognize that this project will provide a significant cost savings to the city and provide a valuable source of revenue as well. Despite the benefits of this project for the City,the present documentation for this project raises numerous questions and areas of serious concern. Following is a list of our concerns and recommendations: 1. In its'comments contained in a letter dated 11 January 2000 the Local Enforcement Agency(LEA)the County of San Bernardino Department of Public Health described the project's Initial Study(IS)as vague and cited that it,the LEA,was provided insufficient details in the CEQA documents and subsequent follow- up documents leaving concerns on their part as to the project meeting the requirements of Title 14 CCR, Sec. 17402.5(d)and thus should be excluded from the requirement of obtaining a Solid Waste Facility Permit(SWFP). We would urge the commission to require the City and the project proponent to provide to the LEA any and all documentation necessary to make such a determination in the most accurate means possible prior to project approval. 2. Should the project be approved as recommended,with the inclusion of the provision, "that the facility be designed and operated using the best available efforts to ensure compliance with the State Minimum Standards for a Solid Waste Transfer Station/Processing Facility as outlined in 14 CCR, Sec. 17406.1 et.seq.",we would urge the commission to make absolutely sure that the City, as the agency responsible for enforcement of the applicable standards,is capable of doing so and has the financial and other resources necessary to accomplish this most important of tasks. Should it be determined that the City is unable to provide responsible enforcement of the prior referenced standards we recommend that the facility be required to obtain a SWFP from the County of San Bernardino. 3. That the commission ensure that,as required by Public Resources Code Section 21081.6, as ammended by AB314,the City as Lead Agency,has submitted the required Mitigation Reporting and Monitoring Plan (MRMP)and that as recommended by William Ishmael,IWMS, of the Permitting and Enforcement Division of the CIWMB,in his correspondence dated 13 January 2000 to the City, include in the final environmental documents for this project all relevant enforcement procedures and penalties,as well as conflict resolution provisions. 4. That the project proponent,California BioMass,be required to revisit the Transportation portion of the Air Quality section of the IS and provide additional data necessary to reflect their project's impact on traffic in the following intersections: I215 @ University Pkwy.,1215 @ Palm Ave.,University Pkwy. between 1215 and Hallmark Pkwy.,and University Pkwy. @ Hallmark Pkwy.. These intersections were not included in any of the previous or current version of the IS and in light of the increased residential growth in the North End coupled with the recent growth of Cal State San Bernardino,could pose a significant impact. This is especially true in light of the fact that the project proponent seems to have underestimated the traffic that would and or could be generated by their project. 5. That the commission ensure that the project complies with CCR, Sec. 17407.3 of the transfer station regulations. This section requires that the operator prevent to the greatest extent possible,the uncontrolled off-site migration of contact water. Additionally,we would recommend that the environmental document relating to this facility describe any features of this project that might produce contact water,consider the potential impact of contact water, and describe fully the facility design features and operations parameters to comply with CCR, Sec. 17407.5. We would ask this in light of the fact that there currently exists a significant pollution problem in the water table located directly beneath the proposed site of this project and to do anything that might further negatively impact the water resources of the citizens of this City and our State is simply not prudent. 6. We request that the commision require inclusion in the CUP and related documents of this project language to ensure compliance with City of San Bernardino Resolution 4630, Sec. 2(b),which states, "that the Agency(EDA)shall use all appropriate and reasonable means to provide employment for project area residents for any activity in the project area...". We would also suggest the inclusion of language requiring the project proponent to comply with this resolution as well. Without the addressing of the preceeding concerns and the incorporation of the accompanying recommendations into the project documentation we,the members of the Northwest Redevelopment Project Area Committee, cannot endorse California Bio-Mass'project CUP 99-17 at this time. We strongly advise you,the members of our Planning Commission,to return this project to the Planning Department for further study and review. We would add that, in light of the magnitude of this project and the potential for serious negative impact to the well-being of the citizens of San Bernardino and to the City,a full Environmental Impact Report(EIR)in compliance with all State and Federal regulations be drafted for this project. Should the project and its'supporting documents be changed in the future we would be happy to,at that time, reconsider our present position in regards to this project. Sincerely, /� � a Rev. Charles A. Simpson,Chairman Northwest Redevelopment Project Area Committee CAS/sdc CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT- PLANNING DIVISION interoffice memo Date: March 14, 2000 To: Planning Commission cc: Michael Hays, Director of Development Services Valerie Ross, Principal Planner Margaret Park, Senior Planner From: Joe, Belland , ssociate Planner Re: Conditional Use Permit No. 99-17 California Bio-Mass, Inc. The following is a response to the comments from the Northwest Redevelopment Project Area Committee letter, signed by Charles A. Simpson, Chairman, dated February 18, 2000. 1. The Committee makes reference to the letter from the County of San Bernardino EHS/LEA dated January 11, 2000. A subsequent letter from the LEA dated March 3, 2000 specifically responds to the concerns expressed by the committee and is included in this packet. 2. The NRPAC has suggested that the Planning Commission make certain that the City can responsibly monitor the proposed project as one would monitor a Solid Waste Facility Transfer Station/Processing Facility as outlined in 14CCR Sec 14706.1 et.seq. Condition of approval number eight (8) states the following: The design and operation of the facility shall use best available technology to ensure that the facility substantially adheres to the same State Minimum Standards that would apply to a Solid Waste Transfer Station/Processing Facility pursuant to 14CCR Section 17406.1 et.seq. Enforcement of the applicable standards shall be the responsibility of the City of San Bernardino. Should the facility come under the jurisdiction of the Local Enforcement Agency through requirement of a Solid Waste Facility Permit enforcement would then be the responsibility of the LEA. Response to Comments Northwest Redevelopment Project Area Committee Letter dated February 18,2000 March 14,2000 Non-compliance with any of the conditions of the CUP can result in a revocation of the permit based on Development Code Section 19.36.100. 3. The Committee requested that the Commission ensure that the project comply with the California Environmental Quality Act (CEQA) Section 21081.6 as amended by AB314 as it relates to the Mitigation Monitoring and Reporting Program (MMRP). The MMRP is attached to the Mitigated Negative Declaration and is a part of the project approval. The MMRP has been established for each and every required mitigation measure in complete compliance with City MMRP guidelines, and PRC Section 21081.6 as amended in 1994 by AB 314. No additional modification to the MMRP is required to meet all City and State requirements. 4. The Transportation section of the Initial Study analyzed the percent of impact to the two nearest intersections to the project through which project-related vehicles will travel. Based on this initial analysis the City traffic engineering division has not required additional traffic analysis. The project is conditioned to provide a Traffic System Fee of$7,343.15 based on the projected number of project-related trips. The City Traffic Engineer re-reviewed the Transportation Analysis for the project and is an attachment to this packet. 5. The Committee requested that the Commission ensure that the project comply with California Code of Regulation (CCR) Section 7407.3, off-site mitigation of contact water. Both liquid food waste and fuel tanks are located within areas specifically designed to contain 110% of the associated container volume in the event of spills or exposure to storm water. These specially designed concrete containment areas are identified on the site and grading plans (on the westerly portion of the site). The design of the site and the proposed methods of operation are intended to prevent storm water from coming in contact with spillage of waste material. The tipping floor will be cleaned at the end of each shift using dry methods such as daily sweeping and commercial street sweepers. Transfer trucks, tankers and collection trucks will not be washed at this facility at any time. The transfer trucks and tankers are rinsed/washed at the compost site (Victorville or Coachella (Thermal)) at the time the material is transferred and unloaded. The collection vehicles are cleaned by the respective haulers at their own corporate yards. Water is not necessary for dust control purposes during operations; all on-site circulation routes are paved surfaces, and the tipping of material occurs within an enclosed building, which contains an interior misting system. Response to Comments Northwest Redevelopment Project Area Committee Letter dated February 18,2000 March 14,2000 6. The Committee requested that the Commission ensure that the project comply with City of San Bernardino Resolution 4630, Section 2 (b) employment of residents in the project area. The EDA staff has communicated to the project proponent that one of the goals of the Redevelopment Plan is to employ residents of the Northwest Redevelopment Project Area. The applicant will work cooperatively with the EDA staff to accomplish this goal. CITY OF SAN BERNARDINO Interoffice Memorandum To: Youn Kim, Civil Engineering Associate From: Anwar Wagdy, Traffic Engineer 'J Subject: CUP 99-17: Revised Transportation Analysis Date: March 16, 2000 Copies: Ray Casey, File No. 13.47, Reading Staff has previously reviewed this proposal on 12/27/99 to establish 60,600 sq. ft. of office and warehouse space to recycle/ transfer green waste. The proposed 10.28 acre facility will be located on the west side of Industrial Parkway, between the Devil Creek Channel and Cable Creek Channel. Subsequent to further review of the Initial Study, we have the following suggestions related to the Transportation Section(VI) of the Study: 1. Staff concurs with the Project Trip Generation Data (440 trips) that was included in the Study. These trips are based on a conservative utilization of the ITE Trip Generation calculations for a manufacturing facility with an additional employee trip generation adjustment. (see ITE attachment). 2. Staff does not anticipate that this project by itself will "trigger" a significant change to the intersection Level of Service at University Parkway and Hallmark Parkway. However, since the traffic conditions at Hallmark Parkway are more congested, we recommend that the Cal Biomass trucks be required to use the Palm Avenue route. 3. The development will be required to obtain a Haul Route Truck Permit prior to beginning operations. 18 February 2000 fl[R�IEDWRP FEB 2 5 2000 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES Pamella V. Bennett, Chief DEPARTMENT Environmental Health Division San Bernardino County Dept. Public Health 385 North Arrowhead Avenue San Bernardino, CA. 92415 RE: City of San Bernardino CUP 99-17, LEA comments letter dated 11 January 2000. Dear Ms. Bennett: This letter is to formally request that your departmnet convene an administrative hearing panel to hear my appeal of the LEA's decision to not require a SWFP for the above referenced project. The County's comments letter from Mr. Mark Stevens cites that the decision not to require a SWFP was made without benefit of sufficient information to reasonably come to such a conclusion. The letter states that the IS and supporting information were ' vague and insufficient ' and further cites that there may even exist contradictions in considering post consumer food waste and liquid waste/putrescible organics as "source seperated recyclables. It is my contention that in failing to require appropriate documentation to make an informed decision the LEA shirked the responsibility given to it by the CIWMB and State of California. I would request that this hearing be convened at the County's earliest convenience. Thank you for your cooperation in this matter. Cordially, Stewart D. Cumming, President Cimarron Ranch Neighborhood Association 4377 North Cristy Avenue San Bernardino, CA. 92407 (909) 880-1928 SDC/kac cc: Valerie Ross -City of San Bernardino Suzanne Hambleton - CIWMB (Sacramento) Dixie Lass - RWQCB (Santa Ana Region) South Coast AQMD, Diamond Bar CA. Thomas J. Prendergast, Jr., M.D., MPH - County of San Bernardino DPH DEPARTMENT OF PUBLIC HEALTH �' COUNTY OF SAN BERNARDINO ��,K„y HUMAN SERVICES SYSTEM SAN SSRNAIIDIfVO EN ONMENTAL HEALTH SERVICES "`' THOMAS J.PRENDERGAST,JR.,MD,MPH 385 North Arrowhead Avenue - San Bernardino,CA 92415-0160 - (909)884-4056 Director of Public Health ❑ 1647 East Holt Boulevard - Ontario,CA 91764 - (909)458-9673 ❑ 15505 Civic Drive - Victorville,CA 92392 - (760)243-8141 PAMELLA V. BE Environmental REHS, MPA ❑ 17780 Arrow Boulevard - Fontana,CA 92335 - (909)356-6444 Chief, Division of Environmental Health ❑ San Bernardino County Vector Control Program Also serving the cities of: 2355 East Fifth Street - San Bernardino,CA 92415-0064 - (909)388-4600 Adelanto Montclair Apple Valley Needles Rr=Cr=0W[E Barstow Ontario March 3, 2000 D Big Bear Lake Rancho Cucamonga Chino Redlands Chino Hills Rialto ® Colton San Bernardino MAR6 203 Fontana Twentynine Palms Grand Terrace Upland Hesperia Victorville Ci l r ` Highland Yucaipa Stewart D. Cumming DE`✓ELOPK4iENt ES Loma Linda Yucca Valley DEPARTMENT 4377 North Cristy Avenue San Bernardino, Calif. 92407 SUBJECT: REQUEST FOR HEARING RE: CITY OF SAN BERNARDINO CUP 99-17 Dear Mr. Cumming: This letter is in response to your Request for Hearing before the San Bernardino County Solid Waste Independent Hearing Panel for the above-referenced project. Your request was dated February 18, 2000, and received by this office on February 25, 2000. The basis for your appeal is the LEA's decision to not require a Solid Waste Facilities Permit(SWFP) for the project. You also contend"... that in failing to require appropriate documentation to make an informed decision the LEA shirked the responsibility given to it by the CIWMB and State of California." The LEA's decision that a SWFP was not required for this project is consistent with existing codes and regulations. This was verified and confirmed as a result of numerous meetings and consultations with the applicant, City of San Bernardino staff, and California Integrated Waste Management Board staff. Environmental documents subsequent to the Initial Study were modified to clarify and define the concerns expressed by the LEA in correspondence dated January 11, 2000. Additionally, specific Conditional Use Permit conditions were incorporated to allow the LEA to immediately exercise jurisdiction over the project if and when legislative or regulatory requirements changed, or materials received were no longer only source-separated recyclables with less than ten per cent residual waste. The LEA's decision that a Solid Waste Facilities Permit is not required for this project is correct and appropriate, and your request for hearing is denied. Thank you for your interest in this matter, and for sharing our concerns for protection of public health and safety, and the environment. aasi:'r Ac`i i fi st.*x;taae Officer I board of Supervisors KATHY A.DXVIS................ =first oisirici DENNIS tiAi'aS6ERGER .. Third District t fig r' E? Dl JON 0,IMIKELS .... SecOnd District FRED AGUTAP .............. Fourth District Assis arvi C y y Adri-A,.;straior JERRY EAVES ................. Fifth Distr3»t March 3, 2000 Stewart D. Cumming Page 2 Should you have any questions, require clarification, or wish to review any documents and correspondence on file relevant to the project, please do not hesitate to contact either Jim Trujillo or Mark Stevens of our LEA Section at (909) 387-4655. Sincerely, PAMELLA V. BENNETT, R.E.H.S., MPA Division Chief PVB:aop Cc: Valerie Ross, City of San Bernardino Suzanne Hambleton, CIWMB-Sacramento Dixie Lass, SARWQCB Bill Thompson, SCAQMD Dr. Prendergast, DPH 03/03/2000 10:01 9098756445 CALIFORNIA BIO MASS PAGE 01 ANEW&. California &O Mass, Inc. An Recycling and Organics Company March 3, 2000 Mr. Joe Bellandi Assistant Planner City of San Bernardino, Planning Department 300 N. D Street San Bernardino,CA 92401 Fax Number: 909 384-5080 RE: Revised 10,000 Gallons of Water Consumption for CUP NCB. 99-17/SCH *99121060 Dear Mr. Bellandi: During the Planning Commission hearing a questions was raised regarding the 10,000 gallons of water to be used on the site as identified in the Initial study, page IS-44. As you will recall, I verbally explained this item during the hearing. As a follow up, I have prepared this letter as a formal response to the question of the 10,000 gallons a day of water. CBM currently uses 10,000 gallons a day at our Bloomington site. This is required given the types of activities (grinding) and non-paved surfaces. Although water usage at the proposed location is anticipated to be considerably less, due to conducting operations within the enclosed transfer station, the 10,000 gallons per day was used in the Initial Study in order to overestimate the potential impact to the City water supply. At the new San Bernardino site, the 10,000 gallons is a maximum daily amount to be used under extreme wind conditions, if at all. As you will note, the project area is paved and all loading and un-loading of material is performed inside a building. CBM will not need to apply water on a daily basis. Therefore, CBM does not anticipate requiring 10,000 gallons a day, however was incorporated in anticipation of potential impacts due to heavy and extreme wind conditions. The primary source of surface maintenance will be a street sweeper to keep the facility clean. The street sweeper will not require water to perform its function. 10397 Alder Avenue,Bloomington,CA 92316 Phone:909-875-64¢1 Fem 909-875-6445 !_mail: dlhcbnnQgberg8tkcocn 03/03/2000 10:01 9098756445 CALIFORNIA BIO MASS PAGE 02 Page 2. The 10,000 gallons represents potential water usage(2-3 loads of water inside a standard water truck) to miniiize the impact of dust blowing onto the site. The water will be used to lightly wet the paved surfaces to minimize this impact. Water will not be applied, or is necessary during windy conditions, inside the transfer building. U you have any further questions regarding the 10,000 gallons of water, please contact me directly at 909 875-6441. Very truly yours, David L. Hardy President CC: SBC file Lilburn Corp. BURRTEC WASTE INDUSTRIES, INC. D February 18, 2000 I'MAR - 7 Mr. Joe Bellandi CITY OF SAN BERNARDINO Assistant Planner DEVELOE DEPARTMENT ICES City of San Bernardino Planning Department 300 N. "D" St San Bernardino, CA 92401 Re: Support of CUP No. 99-17/Sch #99121060 Dear Mr. Bellandi: Please accept our letter of support for the proposed California Bio-Mass, Inc., project on Industrial Parkway. We are a local property owner and a customer of California Bio-Mass. We look forward to the implementation of the proposed development. If you have any questions regarding our support, please contact me directly at (909) 429-4200. Sincerely, 4d D. Herb rt Vice President EDH:dh (Letters\Bio-Mass Support—2-18-00) 9890 Cherry Fontana, California 92335 909-429-4200 FAX 909-429-4290 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Valerie Rose, Principal Planner FROM: Youn H. Kim, Civil Engineering Associate SUBJECT: CUP 99-17: Revised Transportation Analysis DATE: March 13, 2000 COPIES: Ray Casey, City Engineer File No. 11.42, Reading File Agreed with additional Traffic Sections Comments on March 2, 2000 for CUP 99-17. Attached Traffic Section's Comments. CITY OF SAN BERNARDINO Interoffice Memorandum To: Youn Kim, Civil Engineering Associate ,t� From: Anwar Wagdy, Traffic Engineer J Subject: CUP 99-17: Revised Transportation Analysis Date: March 2, 2000 Copies: Ray Casey, File No. 13.47, Reading Staff has previously reviewed this proposal on. 12/27/99 to establish 60,600 sq. ft. of office and warehouse space to recycle/ transfer green waste. The proposed 10.28 acre facility will be located on the west side of Industrial Parkway, between the Devil Creek Channel and Cable Creek Channel. Subsequent to further review of the Initial Study, we have the following additional comments and conditions related to the Transportation Section (VI) of the Study: 1. Staff concurs with the Project Trip Generation Data (440 trips) that was included in the Study. These trips are based on ITE Trip Generation calculations for a manufacturing facility with an additional employee trip generation adjustment. (see ITE attachment). 2. Staff has a concern regarding the proposed project circulation routes.To alleviate additional vehicular congestion and concerns about waste transport on University Parkway at Hallmark Parkway, staff would like to condition the primary circulation route to this facility as being: Via the I-215 Freeway off-ramp at Palm Avenue to Industrial Parkway. This condition is based on recent traffic counts which indicate that the daily traffic on Hallmark at University is five (5) times the traffic on Industrial at Palm Avenue. Staff would also stipulate that this route will be the only authorized route to the - facility. 3. The development will be required to obtain a Haul Route Truck Permit prior to beginning recycling operations and all loads shall be covered during transport. - 'CITY OF SAN. BERNAANNQ APPROACH �..c(L35�r� PIcw-�) DIRECTION NB I 3B I BOTH EB WB BOTH TOTAL j 24- 1 1 -2 3 i 2-3 S 3-4 7 3 4-6 i l i 6-Q I 7 c� �0 8-7 i (E � 7-8 i 3 i Q- 10 I ; 7S 41.2- 10- 11 11 - 12 12- 13 i 716 7 3 i 13- 14 �� 5 14- 16 cJ3 16- 1 e 5-3 is- 17 17- 18 r5 in6 18- 12 19-20 ' /D / 20-21 13 2s 21 -22 22-23 /3 S- 23-24 1 /� Volume Count Report Generated by MSC3000 Version 2.01 Copyright 1990-1992 Mitron Systems Corporation Location . . . . . . . . . . Hallmark Pkwy W/o University Pkwy Location Code . . . . . 382 County . . . . . . . . . . . . SB Recorder Set . . . . . . 10/19/99 10 : 35 Recording Start . . . 10/19/99 11 : 00 Recording End . . . . . 10/22/99 09 : 15 Sample Time 15 Minutes Operator Number . . . 7 Machine Number . . . . 10 Channel . . . . . . . . . . . 2 Divide By . . . . . . . . . 2 Summation . . . . . . . . . No Two-Way . . . . . . . . . . . Yes Tuesday 10/19/99 Channel: 2 Direction: E 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 Totals 322 370 280 387 529 658 418 183 108 68 62 103 140 74 48 72 80 49 88 144 183 171 197 216 4950 88 130 93 66 107 129 157 62 36 17 14 20 13 16 18 10 25 20 15 27 52 39 48 61 70 97 65 124 94 133 108 52 33 18 15 7 23 9 ' 11 13 16 8 11 34 28 49 52 48 78 78 56 86 196 257 92 32 26 21 20 21 74 7 7 30 16 12 31 33 42 44 48 58 86 65 66 111 132 139 61 37 13 12 13 55 30 42 12 19 23 9 31 50 61 39 49 49 AM Peak Hour . . . . . . . . . . . . . . . . . . . . 11 : 00 to 12 : 00 (322 vehicles) AM Peak Hour Factor . . . . . . . . . . . . . 91 . 5% PM Peak Hour . . . . . . . . . . . . . . . . . . . . 16 : 15 to 17 : 15 (686 vehicles) PM Peak Hour Factor . . . . . . . . . . . . . 66 . 7% Wednesday 10/20/99 Channel: 2 Direction: E 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 Totals 313 430 281 282 277 231 110 45 54 38 33 51 21 15 7 27 16 ' 65 136 336 583 208 188 28 3775 73 161 73 75 52 71 39 21 10 10 10 1 4 1 2 0 3 6 29 23 118 85 53 21 64 123 66 88 39 44 45 3 19 5 3 13 0 9 1 2 5 24 56 45 153 37 47 5 89 68 60 61 135 69 23 1 13 13 4 9 16 2 b,,.. 2 4 0 16 36 80 171 42 52 2 87 78 82 58 51 47 3 20 12 10 16 28 1 3 2 21 8 19 15 188 141 44 36 0 AM Peak Hour . . . . . . . . . . . . . . . . . . . . 06 :45 to 07 :45 (630 vehicles) AM Peak Hour Factor 83 . 8% PM Peak Hour . . . . . . . . . . . . . . . . . . . . 12 : 00 to 13 : 00 (430 vehicles) PM Peak Hour Factor . . . . . . . . . . . . . 66 . 8% Volume Count Report Generated by MSC3000 Version 2.01 Copyright 1990-1992 Mitron Systems Corporation Location . . . . . . . . . . Hallmark Pkwy W/o University Pkwy Location Code . . . . . 382 County . . . . . . . . . . . . SB Recorder Set . . . . . . 10/19/99 10 :35 Recording Start . . . 10/19/99 11 : 00 Recording End . . . . . 10/22/99 09 : 15 Sample Time 15 Minutes Operator Number . . . 7 Machine Number . . . . 10 Channel . . . . . . . . . . . 1 Divide By . . . . . . . . . 2 Summation . . . . . . . . . No Two-Way . . . . . . . . . . . Yes Tuesday 10/19/99 Channel: 1 `44 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 Totals 291 356 309 313 233 251 121 93 82 78 104 101 92 42 44 71 58 87 273 405 729 326 233 198 4890 71 69 95 76 64 68 40 24 6 20 12 19 17 13 9 12 12 22 34 29 161 119 60 42 66 83 80 66 47 75 27 16 31 16 29 19 29 14 7 8 13 31 66 62 163 94 62 43 65 112 55 77 59 55 31 24 25 23 21 29 22 9 12 15 10 14 82 89 230 58 47 58 89 92 79 94 63 53 23 29 20 19 42 34 24 6 16 36 23 20 91 225 175 55 64 55 AM Peak Hour . . . . . . . . . . . . . . . . . . . . 06 :45 to 07 :45 (779 vehicles) AM Peak Hour Factor . . . . . . . . . . . . . 84 . 7% PM Peak Hour . . . . . . . . . . . . . . . . . . . . 12 : 15 to 13 : 15 (382 vehicles) PM Peak Hour Factor . . . . . . . . . . . . . 85 . 396 Wednesday 10/20/99 Channel: 1 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 Totals 240 344 294 262 241 239 152 76 55 50 80 83 96 58 44 59 63 90 273 405 724 290 202 189 4609 46 93 81 62 56 60 48 22 16 11 13 25 25 3 6 6 14 17 42 32 140 123 69 48 45 79 63 51 55 47 51 17 13 13 14 15 44 21 13 8 19 31 67 56 176 63 50 49 63 79 65 64 73 75 28 22 11 20 21 15 10 24 13 15 12 22 79 80 212 53 41 37 86 93 85 85 57 57 25 15 15 6 32 28 17 10 12 30 18 20 85 237 196 51 42 55 AM Peak Hour . . . . . . . . . . . . . . . . . . . . 06 :45 to 07 :45 (765 vehicles) AM Peak Hour Factor . . . . . . . . . . . . . 80 . 7% PM Peak Hour . . . . . . . . . . . . . . . . . . . . 12 : 00 to 13 : 00 (344 vehicles) PM Peak Hour Factor . . . . . . . . . . . . . 92 . 5% Exhibit 4 WARD & WARD D ATTORNEYS AT LAW MAR 2 9 2000 685 E.CARNEGIE DRIVE,SUITE 140 SAN BERNARDINO,CALIFORNIA 92408 DEPARTMENT CITY OF SAN BERNA PLANNING DEPARTMENT pP PLANNING & TELEPHONE: (909)381-8350 BUILDING SERVICES FACSIMILE: (909)381-8356 WE13SITE:WARDATTORNEYS.COM March 21, 2000 OUR FILE NO. 99900-wjw HAND DELIVERED Planning Commission City of San Bernardino San Bernardino City Hall 300 N. "D" Street San Bernardino, CA 92418 Re: Application for Conditional Use Permit No. 99-17 Dear Commission Members: I have recently become aware of a proposed conditional use permit application in favor of California Bio-Mass, Inc. and its principals to establish a "greenwaste" transfer facility. I am a resident of the City of San Bernardino, and my practice is also located in the City. I oppose the issuance of the requested permit. REQUESTED ACTION I hereby request that the Commission deny Conditional Use Permit Application 99-17 as requested or, in the alternative, to require that the applicant obtain a full solid waste facility permit issued by the California Integrated Waste Management Board (C.I.W.M.B.) for a transfer facility, and the commission require the preparation of an environmental impact report before approving the application. SUMMARY OF POSITION My position on the point can be summarized as follows: The applicant has a history of failing to comply with governmental regulations. The application too narrowly defines the term greenwaste and—because food waste products (particularly grease trap waste) are part of the conditional use permit application—a state permit and E.I.R. should be made a condition of approval. . J _ Planning Commission City of San Bernardino ➢ March 21, 2000 ➢ Page 2 HISTORY OF NON-COMPLIANCE I have attached two examples of the applicant's continued failure to comply with regulatory requirements. First, I attach hereto a copy of a December 14-15, 1999 Board Meeting Agenda before the California Integrated Waste Management Board. On page 2 of that document it was noted that "The operator [California Bio-Mass Inc.] is failing to stay within the terms and conditions of the valid permit. . . . This was also in violation of the conditional use permit (CUP)." I also attach a copy of a fire department chronological sequence event log for the California Bio-Mass CUP 3221. This log chronicles a period from July of 1995 through September of 1998 concerning various matters including violations noted. Further, California Bio-Mass has been operating in Bloomington, and the San Bernardino County Code Enforcement should be contacted about its non-compliance there. As I understand the situation with the Conditional Use Permit 99-17, the applicant is indicating that it is somehow exempt from state regulations concerning transfer facilities of waste products. First, I would like to see evidence that such exemption exists or even applies to this matter. Further, if indeed an exemption does exist, then it appears that there would not be sufficient monitoring involved by regulatory agencies to determine whether or not California Bio-Mass is in fact complying with the conditions in the permit or state law in general. Certainly, its history indicates that there is a question as to whether compliance will be met. APPROVAL IS SOUGHT FOR MORE THAN MERE "GREEN MATERIAL" I note that, in the project description, the applicant wants to take in food waste, wallboard, pre- and post- consumer food waste, and liquid food waste. These items appear to be much more significant than simply allowing for the transfer of"greenwaste." In particular, the applicant desires to take in substances that do not seem to fall within the definition of green waste as defined in section 17852(u), Title 14 of the California Code of Regulations. For example, the term "food waste" as used in the application appears to include more than "plant wastes". It includes such things as grease trap wastes. Further, green material does not include construction debris. (A copy of this code section is enclosed.) Planning Commission City of San Bernardino ➢ March 21, 2000 ➢ Page 3 The initial study does not adequately address potential environmental hazards from pathogens which could quite easily get into food waste and liquid food waste (particularly grease trap waste). In other words, it appears that there has not been a sufficient amount of study on the potential for the introduction of pathogens into that type of waste stream such as typhus, salmonella, e-coli, and other human diseases. We believe that further study, including the preparation of an environmental impact report, should be done to evaluate the significant potential adverse environmental effects. A STATE PERMIT SHOULD BE REQUIRED A state permit is ordinarily required for a transfer facility handling "solid waste" material. In a call today to the C.I.W.M.B., I learned that, if the facility transfers less than 100 tons a day, then a registration permit is required, and if more than 100 tons per day will be received, then a full facility permit is required. It is my understanding that more than 100 tons per day would eventually be received by the applicant. The applicant is apparently relying upon a belief that, because it is only transferring greenwaste, it need not obtain these permits. However, when the applicant intends to take such things as construction materials and food waste, including liquid food waste, I question whether reliance on this exception is justified. I believe that a more thorough evaluation by the state prior to issuance of a permit is justified under these circumstances and the commission should require it. A SIGNIFICANT POTENTIAL IMPACT ON TRAFFIC EXISTS I do not believe that there has been an adequate study done on the traffic problems which will no doubt be generated by the many trucks coming in and out of the facility. Of particular note is the existing problem with the University Parkway off ramp on the 215 freeway. This potential impact requires further study and mitigation. CONCLUSION Based upon the foregoing, I hereby request that the Commission deny Conditional Use Permit Application 99-17 as requested or, in the alternative, to require that the applicant obtain a full solid waste facility permit issued by the C.I.W.M.B., and the Planning Commission City of San Bernardino ➢ March 21, 2000 ➢ Page 4 commission require the preparation of an environmental impact report before approving the application. Very truly yours, WARD & WARD Attorneys at Law By: William J. Ward 3/99900-wj w/PlanningCommissionSB200 Encl. California Integrated Waste Management Board Board Meeting December 14-15, 1999 AGENDA ITEM 2 ITEM: Consideration Of A New Solid Waste Facility Permit For California Bio-Mass Inc., Riverside County I. SUMMARY Facility Facts: (Permits) Name: California Bio-Mass Inc. Facility No. 33-AA-0259 Facility Type: Mixed Waste Composting Facility Location: 83-109 Avenue 62 Thermal, CA Area: Current permitted area is 15 acres. Proposed permit is for 40 acres. Setting: Site is located in an unincorporated area zoned for agriculture. The nearest residence is about one quarter mile from the site. Operational Status: Active, operating under a registration permit as a green material composting facility issued in October 1996. In addition,the LEA issued a Stipulated Order of Compliance in July 1998 and renewed in December 1998 which allowed continued operation of the facility until a permit was obtained. Proposed Capacity: 700 tons per day or 14,000 tons per month Operator: California Bio-Mass Inc. Michael Hardy, Vice-President Owner: Hardy and Hardy Investments Michael Hardy, Owner LEA: Riverside County Department of Environmental Health Gary Root,Interim Director Page 2-1 Board Meeting Agenda Item-2 December 14-15, 1999 H. PREVIOUS (BOARD OR COMMITTEE) ACTION There has been no previous Board action on this facility. III. OPTIONS FOR THE BOARD OR COMMITTEE Requirements for Concurrence with a Solid Waste Facility Permit: Pursuant to Public Resources Code (PRC) Section 44009,the Board has 60 calendar days to concur in, or object to,the issuance of a solid waste facility permit. Since the proposed permit for this facility was received on October 21, 1999,the last day the Board could act would be December 20, 1999. The Board may decide to: 1. Concur in the issuance of the proposed permit as submitted by the LEA; 2. Object to the issuance of the proposed permit as submitted by the LEA; 3. Take no action on the proposed permit as submitted by the LEA. If the Board chooses this option, the Board shall be deemed to have concurred the issuance of the proposed permit 60 days after the Board's receipt of the permit. IV. STAFF RECOMMENDATION At the time that this item was prepared, staff did not have a recommendation on the proposed permit. Staff expects to make a recommendation at the Board meeting. V. ANALYSIS Background: Cal Biomass was issued a registration permit as a green material composting facility by the LEA in October 1996. This permit limited the site to having less than 10,000 cubic yards of feedstock and actively composting material on site at any one time. In addition, the operator indicated in the permit application that the site size would be 15 acres. In inspections since February 1998,the LEA has noted a violation of gRC,44014(b), gdicat, that the operator is failing to stay within the terms and conditions of the valid permit. Since that time the operator has increased its site capacity well beyond the 10,000 cubic yard limit (although the exact amount onsite has not been determined) and has increased site operations to more than the 15 acres described in the application. This was also in violation of the conditional use permit (CUP). The LEA issued a Stipulated Order of Compliance(Stip) in Jufy 1998 allowing continued operation of the facility at the elevated levels while the operator sought the required permits. As a result of delays in the local CUP permitting process,the LEA revised the Stip in December 1998, allowing continued operation until the County Board of Supervisors made a decision on the CUP. In June 1999,the Board of Supervisors approved the CUP allowing the expanded operation. Page 2-2 Board Meeting Agenda Item-2 December 14-15,1999 The operator prepared a Report of Facility Information and in September 1999 applied for a full solid waste facility permit as a mixed waste compost facility. The LEA determined the application to be complete on October 18, 1999 and submitted a proposed permit to the Board, which was received on October 21. Project Description: This facility operates in a manner unlike most other compost sites. Currently, the site accepts only green material, from sources such as curbside pickup, landscapers, minimum fee users, etc. Much of the material comes from the operator's green material chipping and grinding site in Fontana. The material is placed into large piles or grids, up to 150 feet by 50 feet by 12 feet high by loaders. No removal of contamination(including stumps, plastic, glass, etc.)occurs prior to placement of material into the piles. According to the Report of Facility Information,the material remains in the static piles for up to 27 weeks. No aeration or turning occurs, although sprinklers are placed on the piles to maintain moisture content. After the specified time in the piles,the material is placed in a grinder and screened. Contamination is also removed by a 12 person picking line. The cleaned finished product that passes through the screen is placed into windrows and traditional windrow composting occurs. Any"overs",that material that does not pass through the screen, is placed back into a static pile. Until recently,the"overs"had not gone through contamination removal, resulting in the static piles appearing highly contaminated. With the new process, the operator believes that the contamination in the static piles will be reduced. With the new permit, the operator will begin to accept grease trap pumpings, food wastes, and fishery waste, all of which the operator plans to incorporate into the static piles using dilution with green waste to reduce any potential odor impacts. The grease trap pumpings are to be sprayed onto the static piles using the sprinkler system described above. The facility will operate 24 hours per day, 7 days per week. There will be two shifts, one from 4:00 a.m. to 4:00 p.m. and the other from 4:00 p.m. to 4:00 a-m. The facility will be open to the public from 6:30 a.m. to 5:00 p.m.,Monday through Saturday. Temperature checks will be made on all raw piles and windrows for fire suppression purposes, and the windrows will be turned 5 times in 15 days for pathogen reduction and odor control purposes. After pathogen reduction, the piles will be turned once per week for the balance of the process. Approximately 15% of incoming materials are expected to be "residuals" (non-recyclable waste materials) which will be removed from the facility to an approved disposal site. Page 2-3 Board Meeting Agenda Item-2 December 14-15, 1999 Key Issues: • The site is currently operating outside the terms and conditions of the current permit. • Tie site currently operates as a green material compost facility while the proposed permit would allow the site to accept additional wastes and operate as a mixed waste compost facility. • The site would, under the proposed permit, be able to accept additional waste types including grease trap pumpings, food wastes, and fishery wastes. • Consistency with the Board's CEQA requirements had not yet been established at the time the agenda item was prepared. • Board staff noted one violation of state minimum standards regarding pathogen reduction (Windrow Temperature and Turning) during the pre-permit inspection. Fiscal Impacts: Not Applicable Findings: Any person proposing to operate a solid waste facility under a full permit shall file an application to include: • A completed joint application form • Report of Facility Information(RFI) • California Environmental Quality Act(CEQA) information • Conformance finding information • Complete closure plan(if applicable) • Financial assurance information(if applicable) • Operating liability information(if applicable) • Land use permits • Owner/operator certification. The LEA has certified that the permit package is complete and correct, including a statement that the RFI meets the requirements of Title 14, California Code of Regulations(14CCR), Section 17863. The LEA has also made a finding that the proposed permit is consistent with, and supported by, the existing CEQA analysis. Page 2-4 Board Meeting Agenda Item-2 December 14-15, 1999 The following table summarizes Board staffs analysis: California Bio-Mass Inc. Accept- Unaccept- To Be Not See Details able Deer- Applic- in Agenda Facility No. 33-AA-0259 able mined able Item CIWMP Conformance(PRC 50001) X 1 CoSWMP Conformance(PRC 50000) X General Plan Conformance(PRC 50000.5) X Consistency With State Minimum Standards X 2 California Environmental Quality Act X 3 Closure/Post-Closure Maintenance Plan X Funding for Closure/Post-Closure Maintenance X Operating Liability X RFI Completeness X 1. Conformance with PRC 50001 Staff of the Board's Office of Local Assistance have determined that the information contained in the permit is consistent with the description in the County's Non Disposal Facility Element (NDFE). The NDFE was revised recently by the County and approved by the Board on November 15, 1999. 2. Consistency with State Minimum Standards Staff, in conjunction with the LEA, conducted a joint inspection of the site on November 4, 1999. As this item went to print, the inspection report had not been completed. However, staff, noted one violation of the PRC, one violation of state minimum standards, and two areas of concern with regard to state standards. AViolations,, PRC 44014 (b)—Operator Complies with Terms and Conditions of the Permit As noted previously, the operator is operating outside the limitations of the current registration permit. Issuance of the proposed permit would rectify this violation. 14CCR 17868.3(b)(3)—Windrow Temperature and Turning Using the thermometers of both the operator and LEA, staff were unable to consistently document temperatures consistent with the regulatory standards (greater than 131 degrees F) in the two windrows tested,both of which should have been actively composting. It should be noted that the operator records show adequate temperatures for the required (at least 15 day) period. In addition, the required pathogen testing performed on the finished material does not show elevated levels of E. coli. (However, see area of concern below.) Page 2-5 Board Meeting Agenda Item-2 December 14-15, 1999 The operator has not applied to the LEA for an alternative method of compliance, which could allow for lower temperatures to be acceptable. Staff have concerns relative to the low temperatures noted during the inspection. Areas of Concern: 14CCR 17863 —Report of Composting Site Information(RCSI) The latest version of the RCSI provided to Board staff(dated September 1999) indicated that the static piles were to be statically aerated using piping. It was not until the October LEA inspection that the LEA became aware that this was not taking place. The operator only provided amendments to the RCSI the day before the pre-permit inspection. When applying for a permit or after receiving a permit,the operator should notify the LEA of any changes in design and/or operation and receive approval, before implementing them. 14CCR 17868.1 —Sampling Samples gathered for analysis are not always submitted to the testing laboratory in a timely manner. The samples should be forwarded to the laboratory within a timeframe acceptable to the LEA. 3. California Environmental Quality Act The following is a synopsis of Board Environmental Review Staff s findings regarding CEQA: The LEA has cited the Mitigated Negative Declaration(MND) SCH#98101106 and Revised Initial study(IS),as prepared by the County of(County) Planning Department(Lead Agency that were circulated through the State Clearinghouse (SCH) in March 1999, as evidence of CEQA compliance for this proposed SWFP. Environmental Review Section(ERS) staff reviewed the Revised IS and the proposed MND for this project in April 1999. The project as proposed will permit expansion of a composting facility designed to collect, process, and compost green waste, food waste(including grease trap materials), vegetable waste, paper, liquid waste, animal manure, and unspecified miscellaneous waste. Drywall scrap from construction sites will be ground on-site for use as a bulking material and added to the finished compost product. A zone change from the existing A-1-10 to a requested A-2-10, as required under the County General Plan for composting operations, has been requested as part of this proposed project in order to permit composting on the 80-acre parcel. According to the amended Project Description on Page 1 of the revised IS,the proposed facility will have a revised design capacity of 346,000 tons. The maximum amount of materials on-site at one time will be of 725,500 cubic yards(CY)of feedstock,compost, and finished material. Page 1 of the revised IS also indicates that the facility will receive up to 20,000 tons per month of greenwaste, 5,800 tons per month of food,vegetable and paper waste, and 3,000 tons per month of miscellaneous waste, including drywall scrap. The maximum daily amounts of the various feedstocks are not stated. Page 2-6 Board Meeting Agenda Item-2 December 14-15, 1999 Page 26 of the revised IS indicates that the proposed project will generate an average of 23 trips per day to the facility of various types of vehicles, but does not indicate the maximum or peak daily number used for Traffic/Transportation impact assessment. FINDINGS AND MITIGATIONS IN THE REVISED MND The Lead Agency has identified potential impacts requiring mitigation in the areas of Aesthetics; Agricultural Resources;Air Quality; Geology and Soils;Hydrology and Water Quality; Land Use and Planning; and Public Services. According to the analysis, potential impacts to these areas will be mitigated to a level of less than significant by proposed project mitigation measures agreed to by the project applicant prior to circulation of this environmental document. On the basis of these findings the Lead Agency has proposed the preparation and adoption of a Mitigated Negative Declaration(MND) for this proposed project. The proposed SWFP was received on October 26, 1999. The LEA has provided a finding that the proposed SWFP is consistent with the cited CEQA documents. ER staff have reviewed the CEQA documents and referenced information provided by the LEA along with permit conditions in the proposed SWFP. To date ERS staff have received no response to comments and questions in our comment letters from the Lead Agency. Without a response to comments and questions proposed in our comment letters,ERS staff do not have sufficient information about the design and operation and the environmental evaluation of the proposed facility to make a recommendation as to whether or not the cited CEQA document would be adequate for CIWMB concurrence purposes. Ian addition to those unanswered comments and questions cited above, a review of the September 1999 Report of Facility Information(RFI) cited as a descriptive document in the SWFP appears to describe a project that may be significantly different than the project described in the CEQA document. The RE describes a project that will involve the placement of feedstock materials into static grids and piles, and windrows for composting purposes. The windrows will be subject to controls designed to prevent impacts from odors and pathogen propagation by temperature monitoring and turning of the windrows to provide oxygen for the composting process. According to the RFI and consultation with the operator and LEA,the static grids and piles will contain mixed feedstocks that may remain static for 6 to 9 months without aeration or turning of the piles. This part of the proposed operation could present the opportunity for anaerobic decomposition resulting in odor impacts and pathogen production that have not been described or evaluated in the CEQA document. The CEQA document described a process that was understood to involve primarily windrow processing that would provide odor and pathogen control methods in accordance with State Composting Regulations, and not composting in static piles. Additionally,the SWFP does not indicate a design capacity. For CEQA evaluation purposes the SWFP should indicate and limit the annual design capacity of the facility and the amounts of feedstock and active compost that will be on-site at one time. Page 2-7 Board Meeting - Agenda Item-2 December 14-15,1999 CEQA SUNIMARY After comparison of the CEQA document and the RFI description with the proposed SWFP; ERS staff are of the opinion that, without a response to ERS comments and questions mentioned above, the G9QA document does not contain enough information at this time for ERS staff to, -make a recommendation as to the adequacyrof the CEQA document for CIWMB concurrence purposes for this facility. ERS staff are also of the opinion that certain information in the proposed SWFP is not consistent with information in the CEQA document. See ERS staff comments above regarding compost operation, acreage, tonnage, and design capacity. Until these issues are resolved, ERS staff are unable to make a recommendation on the CEQA document for this facility. At the time this agenda item was being prepared, ERS staff was to soon meet with the LEA and the County Planning Department to resolve the issues. Staff anticipates that changes to the proposed permit may also be required prior to the Board meeting. VI. FUNDING INFORMATION Amount Proposed to Fund Item: $ NA Fund Source: Used Oil Recycling Fund Tire Recycling Management Fund Recycling Market Development Revolving Loan Account Integrated Waste Management Account Other(specify) Proposed From Line Item: Consulting &Professional Services Training Data processing Other(specify) Redirection: NA If Redirection of Funds: $ Page 2-8 Board Meeting Agenda Item-2 December 14-15, 1999 Fund Source: Line Item: VII. VII. ATTACHMENTS 1. Site Location 2. Site Diagram 3. Proposed Permit 4. Resolution VIII. CONTACTS Prepared By: David Otsubo Phone: 255-3303 Reviewed By: Suzanne Hambleton Phone: 255-4165 Reviewed By: Mark De Bie Phone: 255-2453 Approved By: Julie Nauman Phone: 255-2431 Legal Review: Date/Time: Page 2-9 Fire Department Chronological sequence events log: California Bio-Mass CUP 3221 Date Event 7-18-95 Fire Department original conditions issued. 8-29-95 Board of supervisors approval.. 10-12-95 Riverside County Fire Department compliance order which states that a reasonable degree of safety exists. This specifically requests a copy of the approved CUP. 9-1-97 Fire Captain Cadena assigned to Indio Fire Prevention bureau. 10-1-97 Became aware of operation 10-97 Visited site to observe operation. Commented on the nice operation, and asked them why they did not have any fires. Asked about the large piles, response was"Environmental Health gave ok for large piles". Upon leaving made comment"keep up the good work, may use as a model". 10- to 12-97 After several discussions with Environmental Health inspector Irene Fellman,became aware of CUP conditions and how they applied to the project. Noticed the pile size violation per original CUP. After discussing project with Irene Fellman, she informed me that the Environmental Health office did not give ok for large piles, she was told, " Fire Department said it was ok". This statement was incorrect, Fire Department nor the Environmental Health Deptartment gave the OK for any large pile sizes. Attschmeat P Fags j of Date Event _ 1-22-98 Fire Captain Gil Barrier requested a copy of CU from Dave Hardy. Mr Hardy, requested a meeting with Captain Barrier.. I-22.98 Contacted by Fire Captain Gil Barrier,reference pile sixes requesting inspection. 1-29-98 2nd fax from Captain Gil Barrier requesting inspection of facility, and direction from supervisors. 2-18-98 Performed inspection with Environmental Health, S.C.A Q.M.D. and local Battalion Chief Doug McKain. Issued compliance order for violation of CUP-3221 #10, #11. 2-25-98 Issued letter reference inspection on 2.18-98. 3-18-98 Met in Indio office with Dave 14ardy, Planning Dept and Environmental Health. Agreed to a raw pile size of 250 feet x 150 x feet x 12 feet in height. Windrows to remain in size as current CUP condition, 3-19-93 Issued letter to Dave Hardy reSarding pile sizes. 44-93 Memo from Captain Gil Barrier to Battalion Chief.McKain reference site inspection. 4-15-98 Meeting with Dave Hardy at La QWnta PGA West Fire Station Battalion Chief Doug Mclain,Fire Captain Gil Barrier also in attendance, Dis=sed new requirements for revised CUP. 4-29-98 Issued letter to Environmental Health reference violating Calif Bio- Mass pile size on their inspection sheet. 5-14-98 Provided hand drawn map after inspection by Environmental Health inspector Irene Fellman. Map shows windrows exceeding CUP size and not proper elearsnce. 7-31-98 After receiving revised site plan from Planning Department, new CUP conditons entered in Sierra system. 9-9-98 After phone conversation with Michael Hardy requesting a reduction of windrow clearance from 20 feet to 15 feet, hire agreed to allow this reduction. New condition entered in Sierra system. A"-16.,.. f 4 Page Z of --- Date Event 9-9-98 Fax rercived and placed in file. Letter issued to Calif Rio-Mass. Copy of new conditions and letter faxed to Calif Bio-Mass. This was a result of an inspection on site by Fire Captain Gil Barrier earlier in the day. 9-16.98 3:30 a.m. Fire at Calif Bio-Mass 30 ton (one of three piles ) manure. Compliance order issued after fire incident. 13 violations observed.Most important was discovery of non- permitted above ground fuel tanks. 9-18-98 Fax copy of the Health Department haz mat permit a&nowledging disclosure of haz twat, and explaining that x current business plan is not on file. It also explains that they gill include this in new CUP. 9-22`98 Compliance order issued as a property receipt for the issuance of plan review tank guides, and Uniform Fire Code excerpts that pertain to the storage, use and dispensing of fuel. Issued letter regarding the above ground fuel tanks. Letter makes reference to original CLIP# 5 condition. New CUP condition added reference to above ground fuel tanks. Copy faxed to Fire Captain Barrier. A memo "to file"docuamenting a quote from Ruben Cabrera, site manager about fuel tanks. A conversation with eke Hardy explaining the fuel tank permit process, and advising him that his above ground tanks were not properly permitted from Fire Department, 9-29-98 Approved road construction design. 9-30-98 Received fax regarding fuel tank letter of intent. A 14 CA ADC s 17852 Page 1 14 CCR s 17852 Cal. Admin. Code tit. 14, s 17852 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Title 14. Natural Resources Division 7. California Integrated Waste Management Board Chapter 3.1. Composting Operations Regulatory Requirements Article 1. General s 17852. Definitions. For the purposes of this Chapter: (a) "Active Compost" means compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit)during decomposition; and is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake. (b) "Additives" means material mixed with feedstock or active compost in order to adjust the moisture level, carbon to nitrogen ratio, or porosity to create a favorable condition. Additives include, but are not limited to, fertilizers and urea. Additives do not include septage, sewage, or compost feedstock. (c) "Aerated Static Pile" means a composting process that uses an air distribution system to either blow or draw air through the pile. Little or no pile agitation or turning is performed. (d) "Aerobic Decomposition" means the biological decomposition of organic substances in the presence of oxygen. (e) "Agricultural Commodities" or "Agricultural Materials" means the products of farms and ranches and items processed from these products, as defined in Division 21, Part 2, Chapter 1, Section 58619 of the Food and Agricultural Code, including any agricultural, horticultural, aquacultural, silvicultural, floricultural, vermicultural, or viticultural product. (f) "Agricultural Material Composting Operation" means an operation that processes green and animal materials derived from agricultural commodities, additives, and/or amendments into compost. "Agricultural Material Composting Operation" does not include activities excluded from regulation in Section 17855. "Agricultural Material Composting Operations" include operations that use clean green material, as defined in Subdivision(k) of this Section, if the clean green material portion does not exceed the agricultural commodities portion of active compost on-site annually. (g) "Amendments" means materials added to stabilized or cured compost to provide attributes for certain compost products, such as product bulk, product nutrient value, product pH, and soils blend. Amendments do not include septage, sewage, or compost feedstock. (h) "Anaerobic Decomposition" means the biological decomposition of organic substances in the absence of oxygen. (i) "Animal Material" means any material derived from animal products that are for consumption by humans or animals. The sources of these products include, but are not limited to, agriculture, food manufacturing and processing industries, restaurants, hospitals, and food distributors. "Animal Material" is either separated at the point of generation, or separated at a centralized facility that employs methods to minimize contamination. The composting of mammalian flesh, organs, unprocessed hide, blood, bone and marrow is prohibited, except when from the food service industry. Animal material does not include manure. Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works 14 CA ADC s 17852 Page 2 0) "Animal Material Composting Facility" is a facility that processes animal material and additives and amendments into compost. A facility that composts green material in addition to animal material shall be considered an animal material composting facility. "Animal Material Composting Facility" does not include activities excluded from regulation in Section 17855, and operations that constitute "Agricultural Material Composting Operations." (k) "Chipping and Grinding" means an activity that mechanically reduces the size of organic matter. (1) "Clean Green Material" or "Clean Green" means green material that is processed by a permitted solid waste facility in order to reduce contamination to the greatest extent possible as set forth in Section 17868.4. Tree and landscape trimming materials that have never been combined with other waste materials are considered "Clean Green Materials." (m) "Composting Facility" means a facility that is operated for the purpose of producing compost, as defined in Division 30, Part 1, Chapter 2, Section 40116 of the Public Resources Code. A "Composting Facility" includes: (1) Green material composting facilities that have greater than 1,000 cubic yards of feedstock and active compost on-site at any one time; (2) Animal material composting facilities; (3) Sewage sludge composting facilities; and (4) Mixed solid waste composting facilities. (n) "Composting Operation" means an operation that is operated for the purpose of producing compost, as defined in Division 30, Part 1, Chapter 2, Section 40116 of the Public Resources Code. A composting operation is a solid waste handling operation that does not constitute a composting facility that would require a solid waste facilities permit. "Composting Operation" includes: (1) Research operations; (2) Agricultural material composting operations; and (3) Green material operations that have up to 1,000 cubic yards of feedstock and active compost on-site at any one time. (o) "Composting Process" means one or a combination of the following processes used to produce a compost product: (1) windrow composting; (2) aerated or non-aerated static pile composting; (3) enclosed or within-vessel composting; and (4) other processes approved by the enforcement agency, that meet the requirements set forth in this Chapter. (p) "Curing" means the final stage of the composting process that occurs after compost has undergone pathogen reduction, as described in Section 17868.3, and after most of the readily metabolized material has been decomposed and stabilized. (q) "Domestic Sewage" means waste and wastewater from humans or household operations that is discharged to Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works 14 CA ADC s 17852 Page 3 or otherwise enters a treatment works. (r) "Dry Weight Basis" means weight calculated on the basis of having been dried until reaching a constant mass, that results in essentially a 100 percent solids content. (s) "Enclosed Composting Process" means a composting process where the area that is used for the processing, composting, stabilizing, and curing of organic materials, is covered on all exposed sides and rests on a stable surface. (t) "Feedstock" means any decomposable organic material used in the production of compost or chipped and ground material including, but not limited to, clean green material, green material, animal material, sewage sludge, and mixed solid waste. Feedstocks shall not be considered as either additives or amendments. (u) "Green Material" means any plant material that is either separated at the point of generation, or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, plant wastes from the food processing industry, manure, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris. (v) "Green Material Composting Operation" or "Facility" is an operation or facility that processes only green material and additives and amendments into compost. "Green Material Composting Operation or Facility" does not include an "Agricultural Material Composting Operation." (w) "Insulating Material" means material used for the purpose of minimizing the loss of heat from a compost pile undergoing the "Process to Further Reduce Pathogens" (PFRP), as described in Section 17868.3. Insulating material includes, but is not limited to, soil and stabilized compost. (x) "Manure" means accumulated animal excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine. If intentionally composted, manure is a subset of green material and is regulated as green material, except as provided in Sections 17855 and 17856. Manure that is inadvertently composted, such as may occur at feedlots, dairies, and poultry farms, is not subject to regulation pursuant to this Chapter. (y) "Mixed Solid Waste" means any material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, or plastics. (z) "Mixed Sold Waste Composting Facility" is a facility that processes mixed solid waste into compost. A facility that composts sewage sludge, animal material, or green material, in addition to mixed solid waste, shall be considered a mixed solid waste composting facility. (aa) "Operations Area" means the following areas within the boundary of a composting operation or facility: (1) equipment cleaning, maintenance, and storage areas; (2) feedstock, active, curing and stabilized compost processing or stockpiling areas; and (3)process water and stormwater drainage control systems. (bb) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, becomes legally responsible for the following: (1) complying with regulatory requirements set forth in this Chapter; Copr. 0 West 2000 No Claim to Orig. U.S. Govt. Works 14 CA ADC s 17852 Page 4 (2) complying with all applicable federal, state and local requirements; (3) the design, construction, and physical operation of the site; and (4) site restoration. (cc) "Owner" means the person or persons who own, in whole or in part, a composting operation or facility, or the land on which a composting process is located. (dd) "Pathogenic Organism" means disease-causing organisms. (ee) "Process Water" means liquid that is generated during or used in the production of compost. (ff) "Research Composting Operation" means a composting operation, that is not-for-profit, and is operated for the purpose of gathering research information on composting. (gg) "Sewage Sludge" means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works. (hh) "Sewage Sludge Composting Facility" is a facility that processes only sewage sludge and additives and amendments into compost product. A facility that composts animal material, or green material, in addition to sewage sludge shall be considered a sewage sludge composting facility. (ii) "Stabilized Compost" means any organic material that has undergone the Process to Further Reduce Pathogens (PFRP), as described in Section 17868.3, and has reached a stage of reduced biological activity as indicated by reduced temperature and rate of respiration below that of active compost. Oj) "Static Pile" means a composting process that is similar to the aerated static pile except that the air source may or may not be controlled. (kk) "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease. (11) "Vermicomposting" means an activity that produces worm castings through worm activity. The enforcement agency may determine whether an activity is or is not vermicomposting. The storage of feedstock to be used in the production of growth medium for worms, feedstock which is being processed to produce growth medium, and the storage of growth medium is not considered vermicomposting. (mm) "Windrow Composting Process" means the process in which compostable material is placed in elongated piles. The piles or "windrows" are aerated and/or mechanically turned on a periodic basis. (nn) "Within-vessel Composting Process" means a process in which compostable material is enclosed in a drum, silo, bin, tunnel, reactor, or other container for the purpose of producing compost. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. History 1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26). Copr. 0 West 2000 No Claim to Orig. U.S. Govt. Works 14 CA ADC s 17852 Page 5 2. Amendment of subsections (k), ( 1) and (t), new subsection (x2), and amendment of subsections (aa)(2) and( 11) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day. 3. Amendment of subsections (k), ( 1) and (t), new subsection(x2), and amendment of subsections (aa)(2) and( 11) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day. 4. Certificate of Compliance as to 4-7-97 order, including repealer of subsection (x2) and further amendment of subsection(aa)(2), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2). 14 CA ADC s 17852 END OF DOCUMENT Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works V K Exhibit 5 DEPARTMENT OF PUBLIC HEALTH COUNTY OF SAN BERNARDINO'c�wx,, HUMAN SERVICES SYSTEM �N et:tiruant�n EyVIRONMENTAL HEALTH SERVICES THOMAS J.PRENDERGAST,JR.,MD,MPH U 385 North Arrowhead Avenue - San Bernardino,CA 92415-0160 (909)884-4056 Director of Public Health 1647 East Holt Boulevard • Ontario,CA 91764 • (909)458-9673 ❑ 15505 Civic Drive • Vlctorville,CA 92392 - (760)243-8141 PAMELLA V. BENNETT, REHS, MPA ❑ 17780 Arrow Boulevard • Fontana,CA 92335 • (909)356-6444 Chief, Division of Environmental Health ❑ San Bernardino County Vector Control Program Also serving the cities of: 2355 East Fifth Street • San Bernardino, CA 92415-0064 • (909)388-4600 Adelanto Montclair Apple Valley Needles Barstow Ontario March 29, 2000 Big Bear Lake Rancho Cucamonga Chino Redlands Chino Hills Rialto Colton San Bernardino Fontana Twentynine Palms Mr. Stewart D. Cummin Grand Terrace Upland g Hesperia Victorville 4377 North Cristy Avenue Highland Yucaipa Loma Linda Yucca Valley San Bernardino, CA 92407 SUBJECT. REQUEST FOR HEARING REGARDING CITY OF SAN BERNARDINO CUP 99-17 Dear Mr. Cumming: This letter is in follow-up to our correspondence to you dated March 3, 2000 regarding the above mentioned subject. Pursuant to Section 44310, California Public Resources Code, you had fifteen days after receiving written notice to file a Request for Hearing. Our information indicates that you had written notice on the LEA's decision not to require a Solid Waste Facilities Permit on February 1, 2000. Further, this office received your Request for Hearing on February 25, 2000. Therefore, we are rejecting your Request for Hearing as it was not filed in the time required. Again, thank you for your interest in this matter. As noted previously, documents and correspondence relevant to the project are on file and available for review. Please do not hesitate to contact me at 909/387-9057 should you have any questions. Sincer y, ANIEL J. AVER Acting Division Chief Environmental Health Services DJA:mo Cc: Michael Bledsoe,CIWMB f Valerie Ross,City of son Bernardino f t Jim Trujillo,LEA 0go CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 4 ° .. .... Third ListrirP OsP First x$ c corgi rss«r• t t"?E r .!"AR aE,rtfs rrIstrict oLinRYEAVES ...,.. ,.... pull',i isf€?E'R 13 April 2000 Entered into Recnrd at � Caunc111CMYDevCms Mtg: Mayor and Common Council by City of San Bernardino re Agenda Item 300 North`D' Street San Bernardino,CA. 92418-0001 City Clerk=C Secy City of Sara dufaardiilu Re: Appeal of Conditional Use Permit No. 99-17 Dear Madame Mayor and Council Members: The following information is being provided to you to expand on the above referenced appeal and in rebuttal to the Request for Council Action from Michael Hays dated 04 April 2000. The Cimarron Ranch Neighborhood Association received copies of the request for Council Action on 13 April 2000. Failure to properly address environmental concerns in accordance with CEQA Standards The magnitude and scope of the proposed project requires that a full Environmental Impact Report be prepared. California Code requires that the initial study and supporting environmental documents be submitted to those agencies having regulatory jurisdiction over the project. With regards to the air quality and transportation aspects of this project that agency would be the South Coast Air Quality Management District. City Staff failed to submit the IS and supporting documentation to the SCAQMD for their review and comment. This applicant's current permit from SCAQMD for operations in the Coachella Valley and their past permit for the Bloomington facility have no bearing on this project. This project exceeds the scope of this applicant's previous operations and should therefore have been submitted for review to the SCAQMD. This facility will be accepting pre-and post-consumer food waste. Review of project documentation would suggest that this would include restaurant wastes. In conversations between myself and the San Bernardino County Department of Public Health restaurants are allowed to place vegetative food wastes,cooked and uncooked meats and fishes, paper, cardboard,plastics,and metal containers in their dumpsters. In conversations between the City of San Bernardino Refuse Department and myself I was informed that the City defers to county regulations on what can be disposed of in restaurant dumpsters and imposes no additional restrictions on these businesses. It is also a known fact that the city currently does not require businesses, including restaurants and other food related businesses,to participate in the City's source separation solid waste reduction programs. In light of these facts the aforementioned wastes are not source separated but in fact are commingled solid wastes that could and will contain more than 10 percent residuals. It can therefore be concluded that this facility does not meet the Code exemptions from permitting by the CIWMB. The IS on pages IS-8 and IS-9 state that this facility will not accept raw meat or fish in one sentence and then contradicts itself in the next sentence by acknowledging that these wastes are present in some restaurant loads. Given the fact that restaurants are allowed to routinely put such wastes in their containers one would be hard-pressed to fathom that these are insignificant amounts of such waste. Either the facility f ,� cannot accept such waste or it can. If, in fact, it cannot then any amount of such material would constitute a violation of its conditions of operation and subject the operator to appropriate punitive action. The issue of water quality revolves around whether or not this project should be required to obtain full NPDES permitting for its operation. Under the present set of guideline from RWQCB this facility will be permitted to discharge only storm generated effluent. Given the fact that there will be a water truck allowed to operate at the project site and that this truck will be allowed a 2000 gallon per day usage limitation one could presume that this project will generate runoff that is not storm water. Under the proposed permitting any generation of effluent from this project other than storm water would constitute a violation of its permit. By failing to require a full environmental impact report and allowing this project to move forward with at the very most only sketchy environmental documentation the city is setting itself and the operator of this project up for future problems of a significant nature. In revisiting the issue of transportation,the City has failed to include any data concerning the traffic volume in the intersections associated with the on/off-ramps of the I215 and University/Palm Avenues. Failure to seek SCAQMD comment on this project creates the high probability that traffic generated by this project could and most likely will negatively impact the community by hampering their ability to access the freeway,their homes, and other businesses in the area. Additionally traffic generated by this project does pose an additional safety risk to those individuals who will be sharing the roadway with commercial vehicle traffic. Additionally,nowhere in the IS is there an accounting of the number of transfer truck trips per day to be generated by this project. Failure to include this data suggests that the present number of trips per day have been underestimated. Failure to prepare an adequate Mitigation Reporting and Monitoring Program,(MRMP). The City's present MI"is grossly deficient in numerous areas. With respect to the recommended CEQA mitigation/CUP conditions from the San Bernardino County Department of Public Health,Division of Environmental Health(LEA), staff has altered the wording of this condition to read'the LEA in consultation with the operator`,instead of `the LEA at it's sole discretion'. The altering of this condition's wording seems to suggest that Mr. Hardy is in some way empowered to influence the LEA's decision making process concerning jurisdictional issues and he is not. The incorporation of the second recommended mitigation/condition was done in a very generic fashion instead of taking a more specific conditional incorporation approach. Both the LEA and the State of California Integrated Waste Management Board recommended to the City that specific measure to ensure the enforceability of measures to mitigate or avoid significant impacts be incorporated into the CUP. The City has failed to adequately address the following areas of operation of this facility and its ability to provide adequate oversight: 1. No MRMP exists for the day to day oversight of this project. 2. The final environmental document fails to establish any enforcement procedures and penalties, nor does it contain any conflict resolution provisions. These conditions are required by AB314. 3. The State minimum standards contained in 14 CCR Sec. 17406.1 et seq. cover such areas of operation as design,burning wastes, cleaning, drainage, dust,hazardous liquids/special wastes, litter,noise,non- salvageable items,nuisance control, maintenance,personnel health and safety,protection of users, roads, sanitary facilities, scavenging/salvaging, signs, loadchecking,parking, solid waste removal, supervision/personnel,training,vector/bird/animal control,record keeping, communications equipment,fire fighting equipment,housekeeping, lighting, other equipment, site security, site attendant,traffic control,visual screening, and water supply. Adherence to these standards has been made a condition of operation with no provisions for which city department will be responsible for oversight and enforcement,yet the LEA has made it very clear that the City is solely responsible for conditions and their enforcement. 4. Failure to identify those City Departments/Agencies designated to enforce mitigation measures. 5. Failure to seek input from the departments designated to enforce mitigation measures and obtain their agreement that they have the means and authority to carry out enforcement responsibilities. The recourse proposed by the City Attorney advising the Planning Commission,Mr. Impenu,was that the City could if necessary revoke the CUP. This hardly seems an adequate or feasible means of enforcing the above referenced standards and is by no means adequate to ensure the proper operation of this facility and protect the Public's health, safety, and welfare. Failure to incorporate LEA and CIWMB recommendations as a condition of permitting, The LEA and the CIWMB both suggested to the City that `measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions,agreements,or other measures.' Furthermore,the CIWMB in it's letter to the City dated 13 January 2000, states that the MRMP should indicate that Agencies/Departments designated to enforce mitigation measures have reviewed the ED and agree that they have the authority and means to accomplish the designated enforcement responsibilities. The CUP and the MRMP as presently written address only those environmental issues related to the construction of this project. There are no provisions incorporated into either document to provide for any of the oversight responsibilities concerning day to day operation of this facility in compliance with condition 8 of the CUP. This demonstrates a clear disregard of the recommendations provided the City by the CIWMB and the LEA. Deliberate and Intentional Misrepresentation of Fact by City Staff and Project Proponent During the Planning Commission meeting of 21 March 2000,in sworn testimony before the Commission, City Associate Planner Joe Bellandi stated that the LEA would make monthly inspections of this project. Upon direct challenge of this assertion by Mr. Bellandi he recanted and stated that in fact the LEA has no intention of conducting such inspections. Furthermore,the LEA has specifically stated to the City that it will have no jurisdictional powers over this operation and that such inspection and enforcement responsibilities are solely in the hands of the City. Mr.Bellandi failed to make this clear to the Commission. During the same Planning Commission meeting Mr. Hardy, in sworn testimony,was specifically asked about citations involving his operation in Bloomington and his other operations in the state. He stated to the Commission that the`only citations involved easement issues that he had no control over as he was not the property owner only the leasee.' The fact of the matter is that Mr.Hardy's operation in Bloomington has been the subject of numerous complaints and investigations over its entire operating history. These complaints to the County culminated in Mr. Hardy being cited by the County and faced with revocation of his CUPand court action. It was only after Mr. Hardy meeting with the County and his agreeing to cease his operation in Bloomington and abandon the site by 01 April 2000 that the County agreed to drop its enforcement activities and court action. Additionally,Mr.Hardy's other operations in the state have been the subject of numerous complaints and/or violations involving everything from operating outside the limits of his CUP's to not submitting required samples in a timely matter,to failing to properly monitor his operations. Mr.Hardy offered none of these facts to the Commission during his testimony. The factual evidence points to Mr.Hardy being a shrewd business operator who at every opportunity attempts to skirt regulation and in some cases knowingly and willfully violates the conditions placed on him by regulatory bodies. CONCLUSION Given that the City of San Bernardino is the seller of the property,which appears to be being sold at below market value and with substantial loan guarantees, presently has an existing contract with Mr. Hardy referred to in numerous places in the Initial Study and which pays his company fees that are as much as 100%more than those paid by comparable regional municipalities for similar services, is in a position to realize substantial monetary savings should this project go forth and be successful, as well as receiving other possible benefits from this project we the residents of Cimarron Ranch and members of the Cimarron Ranch Neighborhood Association respectfully request the following: 1. That the City Council upholds the appeal of CUP 99-17 and denies the permit at this time. 2. That the project proponent be required to obtain a full permit from the CIWMB for this project. 3. That the City requires that the Project proponent obtain a full NPDES permit from CRWQCB for this facility. 4. That the City requires the Project Proponent to obtain any other required permits and prepare any further environmental documents as may be required by law. In granting these requests the City will place the burden of oversight for this project with other regulatory agencies that are better equipped to carry out these functions as well as saving itself the costs. Additionally by placing the burden of oversight with other agencies rather than with City Departments any appearance of potential or actual conflicts of interest with regards to this project on the part of the City will be significantly reduced or eliminated. We the homeowners of Cimarron Ranch are not opposed to the project itself. We recognize the importance of the State's mandated solid waste reduction program and the integral part such a facility could play in helping the City to achieve its reduction goals. We recognize that organic recycling plays a beneficial role in solid waste management. WE ARE OPPOSED to this project being allowed to go forward with shoddy oversight of an operator with a less than exemplary record as this could adversely impact the health, safety, and welfare of us all. Cordially, Stewart D. Cumming,President Cimarron Ranch Neighborhood Association P.O.Box 9466 San Bernardino,CA. 92427 CITY OF SAN BERNA"INQtered into Record at I� DEVELOPMENT SERVICES DEPARTMENT- PtANIV'I)WMITIO: interoffice memo Date: April 17, 2000 City ClerkICDC Secy To: Mayor and Common Council City of Sari 8e1irardinu From: Joe, Belland6,ssociate Planner Through Michael E. Hays, Director of Development Services Re: Appeal of Conditional Use Permit No. 99-17 This information is being provided to identify some of the laws and regulations that regulate the Solid Waste Industry. Composting, Transfer and Recycling facilities are regulated by the California Integrated Waste Management Board (CIWMB) under the Authority of: California Code of Regulations, Title 14, Natural Resources Division 7, California Integrated Waste Management Board Chapter 3, Minimum Standards for Solid Waste Handling and Disposal Article 6, Transfer Operations Regulatory Requirements, Section 17400 through Article 6.4 Transfer/Processing Station Standards, Section 17564. Title 14 California Code of Regulations (CCR) § 17402.5 (d) provides a "two part test" for a recycling center to be excluded from the requirements of needing a Solid Waste Facility Permit (SWFP): "1. [it] only receive[s] material that has been separated for reuse prior to receipt " and "2. The residual amount of solid waste in this material [is] less than 10% of the amount of separated for reuse material received by weight" (The percentage is calculated on a monthly basis). Title 14 California Code of Regulations (CCR) Chapter 3 § 17406.1 Minimum Standards for Solid Waste Handling and Disposal. (NPDES) National Pollution Discharge Elimination System - Permits required for storm water runoff. Title 14 § 17407.3 Drainage Control - Drainage at all operations shall be controlled to protect the public health and safety and to prevent interference with operations (CEQA) California Environmental Quality Act. CEQA § 21081.6 Reporting and Monitoring - When adopting a Mitigated Negative Declaration, a Monitoring and Reporting Program shall also be adopted to mitigate or avoid significant effects on the environment. AB 314 - Chaptered and incorporated into CEQA 10/04/94 - AB 314 requires the public agency to provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. The traffic Section of the Initial Study evaluated the following intersections: 1215 & University Parkway 1215 & Palm Avenue University Parkway between 1215 and Hallmark Parkway Palm Avenue between 1215 and Industrial Parkway Hallmark Parkway and Industrial Parkway ALDER STREET PROPERTY OWNERS&RESIDENTS ALDER STREET BLOOMINGTON, CALIFORNIA 92377 /1-7 h April 17, 2000 i t ` I Mayor and Members of the City Council City of San Bernardino 300 North"D" Street San Bernardino, California 92418 RE: California Bio Mass Conditional Use Permit and Purchase of City-Owned Lands Dear Members of the City Council: This Council is presented with the decision of approval or denial of the CUP 99-17, California Bio Mass, Inc. (CBM). This project should be denied on the grounds that there is a serious appearance of conflict of interest on the part of the City with regard to a series of actions which, when reviewed individually, do not appear unethical or illegal. However, with gross inspection and investigation the inappropriate use of City resources and taxpayers' monies is apparent. The City Council has approved an exclusive contract for services with CBM, as amended by City Resolution No. 96-18, (Contract), appendix"A". This agreement, with competitive bid process, authorized CBM to process green materials at fixed prices for its services. The Council has already approved the sale of 10 acres of City land to CBM. The facts related to sale of land by the Redevelopment Agency of the City of San Bernardino as shown in the 1999 Disposition and Development Agreement , (Agreement), appendix `B". Further, this action was authorized by the Economic Development Agency of the City of San Bernardino, appendix "C"; and by Resolution No. 1999-263 of the City Council, appendix "D". These three sets of documentation, the CUP, the sale of City Lands, and the exclusive contract for services show the following: 1. The sale of land to CBM was at a price substantially lower than similar properties in the immediate vicinity. A. At a cost (loss) to the City of more than $600,000.00 on the transaction, as determined by the Agreement. B. The Agreement stipulates to the subordination of the loan to a new construction loan by CBM in the amount greater than $860,000.00. i. This puts the City Taxpayers at risk of losing the asset of the property. Mayor and Members of the City Council -2 - April 17, 2000 ii. This artificially places the Contract in the unique position of potentially being the primary source of repayment for the notes and debts of CBM. 2. Contractually, the City must go to competitive bid this year and CBM must be the successful bidder in that action to accommodate the debt service of its note to the City. This may put the interests of the Taxpayers second to the interests of the RDA in maintaining a `good' loan as opposed to having a competitive price for the rate payers of City services. 3. The CUP is structured in such a manner that the applicant, CBM, avoids and skirts the environmental and jurisdictional review, permits and licensing that is characteristically protective of the community and citizens at large. Using a very narrow and technical definition of the proposed project California Integrated Waste Management Board, (CIWMB) authority is usurped by the City. Currently there are two very good examples of why all of this is bad for the City and the Taxpayers of San Bernardino. First, in the permitted use of land one needs only to look at how the Planning Commission is currently trying to close a public nuisance it created by ignoring State Regulatory Agencies with regard to the sand and gravel operations in the this same vicinity. Second, in the situation where the EDA/RDA made a similar agreement with a tow company that had as its primary source of income a contract for services with the City. Subsequently, that company has been charged with misdemeanors and felonies in its operations. The City is politically hesitant to revoke its contract because of the financial impacts and ramifications that would further damage the City. These are the facts and reasons that the City should try ever more vigorously to allow CBM to prove itself, not with the City, but with the State Agencies that oversee and regulate this very controversial industry. The City has already made several judgements that could cause concern, please do not seal the problem with a final act that is so blatantly wrong. Respectfully yours, Beverly Gibson cc: City Attorney Appendix "A" Resolution No. 96-18 (Contract) nt RESOLUTION NO. 96-18 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE 3 AGREEMENT WITH CALIFORNIA BIO-MASS FOR THE PROVISION OF GREEN MATERIALS PROCESSING. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of sai 7 City an Amendment to the Agreement with California Bio-Mass for the provision of gree 8 9 materials processing as specified in Addendum, a copy of which is attached hereto, marked 10 Exhibit "1" and incorporated herein by reference as fully as though set forth at length. 11 SECTION 2. The authorization to execute the above referenced amendment is rescinded 12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of thi 13 resolution. 14 15 16 17 18 19 20 21 - 22 23 24 25 26 27 January 4, 1996 1 28 r�110t�iX i // 96-18 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA BIOMASS FOR THE 1 PROVISION OF GREEN MATERIALS PROCESSING. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor an adjourned 4 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2 nd 5 _ day of Janus', 1996, by the following vote, to wit: 6 Council Members: Ayes Nays Abstain Absent 7 NEGRETE x 8 CURLIN x 9 10 HERNANDEZ _ _ x 11 OBERHELMAN x 12 DEVLIN x 13 POPE-LUDLAM x 14 MILLER x 15 16 �� 16 � City Clerk 18 The foregoing resolution is hereby approved this aji day of 19 January 1996. 20 / 21 _ TOM MINOR, Mayor City of San Bernardino 22 Approved as to form and 23 legal content: 24 James F. Penman, 25 City Attorney 26 27 By: Gv,�" - V 28 January 4, 1996 2 96-18 1 AMENDMENT NUMBER 1 AGREEMENT 2 THE AGREEMENT entered into on the 21st day of February, 1995 between California 3 Biomass, Inc. (CONTRACTOR) and the CITY OF SAN BERNARDINO(CITY) is hereby amended 4 in the following manner: 5 DELETE PARAGRAPH 12 OF THE EXISTING AGREEMENT AND INSERT THE 6 FOLLOWING NEW PARAGRAPH: 7 12. The terms of the Agreement shall be for a two year period commencing on January 8 1, 1996. This Agreement may be renewed as provided in Section 13 for up to three(3)additional one 9 year terms, for a maximum of five (5) years from January 1, 1996 to December 31, 2000. 10 11 12 13 WITNESS WHEREOF, the parties hereto have mutually agreed to amend this Agreement 14 on the SIT day of ` , 199 . 15 CITY OF SAN BERNARDINO 16 17 ,E By: 18 Tom Minor, Mayor 19 ATTEST: CALIFORNIA BIO-MASS,INC. 21 Rachel Clark, City Clerk 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 city A rney 26 By: 27 28 EXHIBIT "1" RESOLUTION NO. 95-29 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH CALIFORNIA BIOMASS FOR THE PROVISIO 2 OF GREEN MATERIALS PROCESSING-. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O SAN BERNARDINO AS FOLLOWS: 4 SECTION 1. The Mayor is hereby authorized and directed t 5 execute on behalf of said City an Agreement with California Bio-Mas 6 for the provision of green materials processing. 7 SECTION 2 . The authorization to execute the above reference 8 agreement is rescinded if the parties to the agreement fail t 9 execute it within sixty (60) days of the passage of this- resolution. 10 11 12 13 14 15 16 17 18 19 20 21 - 22 23 24 25 26 27 28 January 19 , 1995 1 95-29 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA BIOMASS FOR THE PROVISIO 1 OF GREEN MATERIALS PROCESSING. 2 I HEREBY CERTIFY that the foregoing resolution was duly adopte 3 by the Mayor and Common Council of the City of San Bernardino at 4 regular meeting thereof, held on the 6th day of February 5 1995 , by the following vote, to wit : 6 Council Members: Ayes Nays Abstain Absent 7 NEGRETE X 8 CURLIN X 9 HERNANDEZ X 10 OBERHELMAN X 11 DEVLIN X 12 POPE-LUDLAM X 13 MILLER X 14 16 City Clerk 17 The foregoing resolution is hereby approved this 9th day of February 1995 . 18 19 TOM MINOR, Mayor City of San Bernardino 20 Approved as to form and 21 legal content : 22 James F. Penman, City Attorney 23 24 By: 25 26 27 28 January 19, 1995 2 95-29 AGREEMENT THIS AGREEMENT is entered into as of this 21st day of February 199 , by and between California Biomass, Inc. (CONTRACTOR) and the CITY OF SAN BERNARDINO (CITY). WITNESSETH: A. WHEREAS, the State of California has enacted the Solid Waste Management Act of 1989 which requires each City and County within the State to reduce the amount of solid waste disposed of by 25% in 1995 and 50% by 2000 through source reduction, recycling, and composting; and, B. WHEREAS, the CITY adopted its Source Reduction and Recycling Element in March, 1992 in which the CITY proposed to meet its diversion mandate by a variety of programs, one of which is the implementation of a curbside residential program that collects and processes residential yard wastes, thereby diverting these resources from landfill disposal and conserving natural resources; and, C. WHEREAS, the CITY issued a Request for Proposal to identify green material processing options that would place a significant emphasis on composting of yard trimmings, as well as other materials which have the potential for composting within the residential waste stream; and, D. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services; and, E. WHEREAS, CONTRACTOR has provided the greatest number of processing options to the CITY which will allow the CITY to divert the maximum tonnage of material types, including green materials, vegetative food waste and contaminated paper, through composting; and, F. WHEREAS, such flexibility will allow the CITY to adapt quickly to changing market conditions while maintaining the highest possible diversion in order to meet the State's diversion mandates; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish the processing options in accordance with the schedules set forth in CONTRACTOR's proposal dated October 24, 1994, as shown in Exhibit "A" attached hereto and incorporated herein, commencing on the date first written above. 2. The CITY shall reserve the right to select between each processing option by providing sixty(60) day advanced written notice to CONTRACTOR and in accordance with CONTRACTOR's schedule set forth in Exhibit "A". For the initial term of the agreement, the City shall select Option 1, processing of yard waste and grass clippings. 3. CONTRACTOR agrees to provide to CITY on a monthly basis and at CONTRACTOR's expense, a list of the end users who may have received materials made from the CITY's materials. 4. CONTRACTOR agrees to provide copies to CITY of the results of any physical or chemical testing of the finished compost required by existing or proposed State of California Regulations relating to green material, food material, sewage sludge, and mixed solid waste composting facilities. 5. CONTRACTOR agrees to provide copies to CITY of any and all of the following: a. Permits issued by local, regional, State or Federal agencies related to the operation of CONTRACTOR's site; b. Copies of any notices of enforcement, including but not limited to cease and desist orders, notices 9529 of deficiency, notice of termination, violations of air quality or water quality standards, or other actions taken by any governmental agency with oversight or enforcement relating to either land use or environmental regulation. 6. CONTRACTOR shall comply with any and all existing or subsequently adopted regulations relating to green material, food material,sewage sludge,and mixed solid waste composting facilities issued by the California Integrated Waste Management Board, or its successor organizations and agencies. 7. The CONTRACTOR shall assist and cooperate with the CITY in developing a residential give away program to furnish up to 1/2 cubic yard of finished compost to any single family residential customer who receives CITY provided refuse collection service. CONTRACTOR agrees that this program is provided at CONTRACTOR's expense, with delivery of material to resident to occur at CONTRACTOR's facility into resident's vehicle. CONTRACTOR will not be obligated to provide more than 1,000 tons or 2,000 cubic yards of material per each calendar year. CONTRACTOR may, at CONTRACTOR's discretion, provide amounts above this amount each calendar year. 8. The CONTRACTOR shall provide to the CITY for use in municipal operations within the CITY up to 1,000 tons or 2,000 cubic yards of finished compost per calendar year. CONTRACTOR agrees that this program is provided at CONTRACTOR's expense,with delivery of material to CITY to occur at CONTRACTOR's facility. CITY shall be responsible for transport of material from CONTRACTOR's facility to point of end use. CONTRACTOR will not be obligated to provide more than 1,000 tons of material per each calendar year. CONTRACTOR may, at CONTRACTOR's discretion, provide amounts above this amount each calendar year. 9. The CONTRACTOR shall be paid for such services in accordance with the fee schedule included in CONTRACTOR's proposal dated October 24, 1994, as shown in Exhibit "A" attached hereto and incorporated herein. 10. No rate increases will be allowed during the first two year period of the contract. In the event that CONTRACTOR's rates set forth in paragraph 9 above must be renegotiated for the third, fourth or fifth years of the contract, the following procedure shall be used. CONTRACTOR shall submit a letter to CITY not less than ninety (90) days prior to the anniversary date of contract execution. The letter shall state the reason(s) for the rate increase, the factors affecting the rate and the proposed rate per ton. CONTRACTOR shall submit a financial statement prepared by a Certified Public Accountant for the previous twenty-four month period if the rate increase is anticipated for the third year of the contract, and for the previous twelve month period if the rate increase is anticipated for the fourth or fifth years of the contract, with the request for the rate increase. The CITY shall review the proposed rate and make a determination within 45-days from receipt of CONTRACTOR's letter regarding the applicability and necessity of the proposed rate increase. During the 45-day period, the CITY may request the opportunity to meet with the CONTRACTOR to review CONTRACTOR's request and supporting evidence. The decision to permit a rate increase will be at the discretion of the City. Any rate increases for the third, fourth and fifth years shall not exceed the rate set forth in paragraph 9, above, multiplied by the Consumer Price Index (CPI) for the metropolitan Ontario-Riverside-San Bernardino area. 11. CONTRACTOR shall provide the Public Services Department with a monthly invoice in arrears. The City shall provide payment within thirty(30)days therefrom. CONTRACTOR shall attach and include as part of CONTRACTOR's invoice, copies of documents and reports required in paragraphs 3 through 5 for the period covered by the invoice. In addition, the CONTRACTOR shall provide a report of the tonnage received, processed and marketed in a format agreeable to both parties. The invoice shall be deemed complete and authorization to process for payment shall be given upon receipt of this supporting documentation. Invoices shall be held for payment until all data is provided. CITY retains the right to challenge any or all parts of an invoice. On any invoice that the City challenges, the City shall not withhold payment on the undisputed amount of the disputed invoice. 12. The terms of this Agreement shall be for a two year period from the date first above shown. This Agreement may be renewed as provided in Section 13 for up to three (3)additional one year terms, for a maximum of five (5) years from the date first above shown to December 31, 1999. 95'29 13. The CITY shall provide notice of the City's intent NOT to exercise each option year at least sixty (60) days prior to the expiration of the current term of this agreement. EACH OPTION YEAR SHALL AUTONIATICALLY BE EXERCISED UNLESS NOTICE IS GIVEN AS SET FORTH HEREIN. 14. This Agreement may be terminated by either party with cause, upon ninety(90)day written notice to either party at the address set hereunder. 15. CONTRACTOR shall not sell, assign, subcontract or otherwise transfer ownership of this agreement to a third party during the course of the agreement without the prior written consent of the City. CONTRACTOR shall give at least 120 day advance notice to the CITY of CONTRACTOR's intent to sell, assign, subcontract or otherwise transfer this agreement to a third party. 16. The CITY shall provide written notice to CONTRACTOR within three (3) business days of any deficiency or default discovered by the CITY regarding CONTRACTOR's performance under this agreement, including proper permits issued by any regulatory agency with appropriate oversight of CONTRACTOR's facility and operation. CONTRACTOR shall have forty-five(45)days in which to correct the default at CONTRACTOR's expense. In the event that CONTRACTOR is unable to correct default or provide a schedule in which,to correct the default or deficiency to the CITY, the CITY shall have the right to terminate this agreement with cause. The CITY's written notice to CONTRACTOR shall be considered to be adequate notice as set forth in paragraph 14, above. 17. CONTRACTOR agrees to defend, indemnify, save and hold CITY, its officers, agents and employees harmless from any claims or suits that may be brought by third persons on account of personal injury, death or damage to property, or a property or business or personal interest, arising from any negligent act or omission by contractor while performing services under this Agreement. 18. While not restricting or limiting the foregoing,during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive general liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. 19. Subject to the provisions of this Agreement, all material transferred to CONTRACTOR pursuant to the terms of this Agreement shall become the property of CONTRACTOR. 20. CONTRACTOR shall perform work tasks in accordance with CONTRACTOR's policies and procedures, and applicable Federal, state and local laws. CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 21. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. - 22. In the performance of this Agreement, CONTRACTOR shall take appropriate steps to provide a drug-free workplace. 23. CONTRACTOR shall implement, where economically feasible, source reduction and recycling programs within CONTRACTOR's operations, and shall "Buy-Recycled" products when feasible. 24. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director City of San Bernardino 3 300 North "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: David L. Hardy California Bio-Mass, Inc. 10397 Alder Avenue Bloomington, CA 92316 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. Notice shall be deemed to be received by either party three business days after being deposited with the United States Postal Service. 25. In the event that suit is brought against one party by the other party regarding this agreement, the prevailing party in the suit shall be entitled to reasonable legal fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO Yom Minor, Mayor ATTEST: CALIFORNIA BIO-MASS, INC. Rachel Clark, City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: y TABLE OF CONTENTS LETTER FROM THE PRESIDENT Page # 1. WORK PLAN AND METHODOLOGY 1 2. PROJECT ORGANIZATION AND STAFFING 3 3. RELATED EXPERIENCE 5 4. PROJECT SCHEDULE 6 5. COST 7 PIS Low - .......... ... _-....-.- .. .............................................. ............................................... .............................................. ............................................... .............................................. ............................................... ........ ................. ............................................... .............................................. ...................... .................. _......._............................. .............................................. ................... .............................................. ................................... ................ > _....................__ .-.... .. ............. <'> <'< Partnership for the Future 14ppwd �✓� �� c X15-a� CALIFORNIA Bio-Mass ;L,3 An Industrial Recycling Company October 24, 1994 r- Mr. Lynn Merrill Public Services Department Fourth Floor City of San Bernardino 300 North D Street San Bernardino, CA 92418 Dear Mr. Merrill: CALIFORNIA Bio-Mass, Inc. (CBM) is pleased to submit our proposal for the City of San Bernardino Green Material Processing Project. We are a local company which has successfully recycled green material for the last four years. CBM is recognized as an innovative and long-term thinking company at the forefront of urban-based recycling. Our unique approach is testimony to the fact that business, community needs and the environment do mix. r We appreciate an opportunity to respond to the City of San Bemardino Green Material Processing Project. If you have any questions, please do not hesitate to contact me directly at (909) 875-6441. rely, David L. Hardy President r CALIFORNIA Bio-Mass, Inc. 1. i 10397 Alder Avenue Bloomington, CA 92316 4- TEL: (909) 875-6441 4% FAX: (909) 875-6445 7 �5-a9 U �• C O ...... a .: co ' � U LL 0 X W mom O N L ca U m m C� d cx LL. C }� U - � O c _ V LL m C: c O m U N .- O co C/) C +-' ` Q O O Cn z O U. m m cc m Q o g Z U r.i..r I o m m cc C3 3 a� m '� v O N x w Q Q CD Q I 101 CL c Q d o c f- W 'M yyQ3 m � p O U U (D fn m 4 c E o' } C7ZJTC -o as m ro cu o c U "m E i2 Co ca o :3 U U = Z ........... ca . ..... UJ ca V ° � m � l a t m r T ° r/ B ASS N Y � m � m r d ■■ N V cn — o U � u. Ci a � U u ' cr. Q L LL a J a U CL Page 1 1 . WORK PLAN AND METHODOLOGY Material Receiving Scaled/Logaed Upon arrival to the Bloomington facility, all trucks are weighted and a ticket is generated. The ticket will serve as documentation and accompany the monthly invoice. Reiection Upon entering the facility, the ticket is collected and preliminary inspection is made. If the load is rejected, the ticket will be marked, and the truck will be directed to an alternative site as determined by the City of San Bernardino. Rejection '-zi ir,ase,i un the load containing spilled oil or other hazardous liquids and contaminates in excess of 15%. Acceptance Accepted loads will be directed to the green waste curb side location. The load is dumped, hand inspected and cleaned of all contaminates. Once cleaned the green material is placed in the pile for processing. Contaminates CBM currently recycles over 80 percent of all contaminates. Contaminates include paper, metal, glass and rocks. CBM proposes the City of San. Bernardino supply two containers at NO CHARGE to CBM, and the City of San Bernardino is responsible for the pick-up and disposal. 1) Trash roll-off container for all contaminates CBM is unable to recycle. 2) Three (3) yard container for all household hazardous waste. Based on past experience, this approach is easier and more effective in managing contaminates associated with curb-side programs. Secondly, it eliminates the subjective process of rejecting loads. Thirdly, the containers serve as an effective tool in tracking the level and cycle of contaminate level during the life of the program. Based on these numbers, CBM and the City of San Bernardino can effectively determine appropriate public awareness programs aimed at reducing the level of contaminates. In the course of our current curb-side program, CBM has rejected one (1) load. Processing Tipped/Cleaned Material is tipped and cleaned of all contaminates and placed in the appropriate containers. Once the material is cleaned it is placed in the processing pile. Processing Material is ground or pre-screened to a size ready to be placed in the AG-Bag for composting. The City of San Bernardino material is mixed with fines and chips of FinallyT a way to save money and the environment I Page 2 wood in preparation for composting. CBM currently operates two (2) grinders to ensure consistent production and system redundancy. Active Com op sting lCBM utilizes a unique composting technology. AG-Bag is an in-vessel composting method that speeds the composting process, eliminates health and safety issues and protects ground water. CBM was the first site in Califomia to use the AG-Bag I technology, and our facility serves as an on-going test site for ACBTI AG-Bag product L development. The composting process takes approximately 8-10 weeks. Once complete, the compost is mature, stable and ready for market. Screening CBM operates a large trommel to screen the finished compost. i he compost is removed from the AG-Bag and screened to produce two (2) products. The two primary products are top dressing (CBM product ID.) and mulch. The oversized material not extracted during this process is placed back into a new AG-Bag. The oversized ; material breaks down over a three bag cycle and provides porosity inside the compost for effective air circulation during the composting process. Oversized material on average is 10% of each AG-Bag. Marketing t Markets ' t Finished compost sales is an integral part of the closed loop approach CBM pioneered just a few years ago. From the beginning, CBM has focused on markets first and i feedstocks second. This strategy is in stark contrast to most of CBM's competitors. Because of this effort in the beginning, product demand has and continues to be ' higher than CBM's supply. CBM serves three primary P roduct markets. All products 1 are currently sold in bulk. dressina/Planter mix This premium product is sold to golf course, landscaping, residential, agricultural and nursery markets. CBM top dressing product is currently in the California Certified Organic Farmer (CCOF) acceptance process. CCOF's state wide program is expected to raise demand an additional 25,000 yards annually. Market demand fbr the top dressing product is high and CBM currently is unable to produce enough to meet market demand. The top dressing/planter mix market is based on hundreds of accounts developed over four years. The long term market for .�• top dressing/planter mix is expected to remain strong due to CBM's product quality and competitive price. The back-up markets for top dressing are expanded agricultural applications, Alternative Daily Cover (ADC) and bio-remediation Mulch CBM sells mulch into the golf course, landscaping, residential, agricultural and nursery markets. In addition, CBM donated over 2,000 yards of mulch for community projects in 1994. The size and consistency of the mulch makes the product effective in weed tt abatement and water conservation. The back-up markets for the mulch are Alternative �r Aft& FinallyT a way to save money and the environment ft • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • of Ga Page 3 Daily Cover (ADC), and CALTRANS. CBM product meets the draft specification of mulch as determined by CALTRANS. Boiler fuel All City of San Bernardino material will be composted. Based on experience, the curb- side material does not meet boiler fuel specifications. Most energy plants require processors to segregate curb-side material from boiler fuel material. CBM is currently under a long-term contract with an energy plant for the shipment of boiler fuel. Projected yearly volume & annual sales: Boiler fuel 65,000 yards '70`Z Top dressing 14'000 yards Planter mix 9,000 yards 30�z Mulch 5,0_ 00 yard Environmental Control X3000 Site vector control program CBM currently operates under a Conditional Use Permit (CUP # 91-0037Mf177-103 and LEA Compost permit per California Integrated Waste Management Board requirements). CBM operates as per the CUP conditions and passed all annual inspections for vectors. In addition, the AG-bag process is in-vessel and eliminates the potential for and increase in fly count as well as vectors. National Pollution Discharge Elimination Program (NPDES) Based on review by the Regional Water Quality Board, CBM is in compliance. AG-Bag in-vessel composting method eliminates ground water and run-off issues. Fire protection and prevention As per CUP, CBM on-site fire protection and prevention is in accordance with local fire standards. In-vessel composting method diminishes the potential for fires. Record keeping & analysis CBM documents all driven traffic by vehicle size and estimated tons. All loads are inspected for contaminates. CBM routinely sends product samples to a local laboratory for analysis. Analysis includes metal content, pesticides and nutrient content. 2. PROJECT ORGANIZATION AND STAFFING CBM is a registered State of California "S" Corporation. The majority and principal stockholders are David L. Hardy, President and Chairman, and Michael J. Hardy, Vice President and Corporate Secretary. 1. Length of time company has existed 4 years 2. Type of ownership "S" Corporation AXW Finally!!!a way to save money and the environment Page 4 3. Size of processing facility 5 acres Approximate square footage of processing area 160,000 sq.ft. Approximate tons per day capacity (tpd) 200 tpd 4. Description of technology used for materials a. (2) WHO tub grinders - Rotary tub grinder with hammer mill and exit conveyor with 150 tpd capacity each b. (2) JCB material handlers (loaders) - Light loaders with quick connects, used for loading and support of the WHO tub grinders C. (1) Water truck - dust control d. (1) Trommel screen - Rotary trommel screen with 100 yards per hour capacity to screen compost and boiler fuel e. (1) Michigan large scale loader - Large scale loader is used for loading of all end products for market and support of plant. Plant function is primarily material pile management, stacking and movement. f. (1) AG-Bag bagging machine - Bagging machine is used for the production of compost and packing the plastic AG-Bag with compost raw material 5. Resumes David L. Hardy President, CALIFORNIA Bio-Mass, Inc. 10397 Alder Avenue, Bloomington CA 92316 Education: MBA, Pepperdine University, 1986 BA, Chico State University, 1979 Minor, Computer Science, 1979 Professional 1990-Present - CALIFORNIA Bio-Mass. Inc.. Bloomington CA Founder and President of organic recycling company. Founder and current President of the California Organic Recycling Council (CORC) 1983-1989 - Wanq Laboratories Inc Los Angeles CA Branch Manager responsible for $8 million dollar sales and service organization. 1979-1983 - Honeywell Corlpration Dallas Tx Senior Technical Consultant responsible for computer network and software design team for regional major accounts business. FinallyT a way to save money and the environment I Page 5 5. Resumes cont. Michael J. Hardy Vice President, CALIFORNIA Bio-Mass, Inc. 10397 Alder Avenue, Bloomington CA 92316 Professional 1 1990-Present - CALIFORNIA Bio-Mass Inc Bloominaton CA 1 Founder and Vice President of organic recycling company. Responsible for all operations and technology. 1989-1990 - Myers Building Industries Upland CA P, ^^+ U'n^ager responsible for all bid proposals, prime contractor negotiations, profitability analysis and all field personnel. 1987-1989 - Gagnier Construction Company, Riverside CA Vice President of construction responsible for Accounting Department, Estimating Department and Operations. $8 Million in annual sales. 1979-1987 - C & C Construction Cucamonga CA Project Manager responsible for all field operations including contract negotiating, administration and project superintendents. 6. Organizational chart See attached ' 7. Permits CBM Conditional Use Permit (CUP) associate permits are contained in two large three ring binders. The permits are available for review by the City of San Bernardino at the CBM office. CBM requests the City of San Bernardino to consider our alternative of reviewing verses providing seven copies of 100+ page CUP and associate permit document binders. k 3. RELATED EXPERIENCE CBM was founded on the principle that business and the environment do mix. Currently, CBM services customers throughout the Southern California region covering San Bernardino, Riverside, Orange and Los Angeles counties. CBM operation includes the following: Recycling program CBM is under contract to recycle green material for approximately 100 commercial accounts. Our program provides cost effective roll-off collection service and a buy back program for end product. Our current back log of waiting customers is 45 ,I commercial accounts. i FinallyT a way to save money and the environment I Page 6 Professional / IndustrX CBM, since its inception, has been dedicated to the development of the organic recycling industry. CBM contributes end products to multiple community programs and conducts weekly tours for residents, as well as, professional organizations. In addition, David Hardy, President of CBM, is currently serving as the President of the California Organic Recycling Council (CORC). CORC is a state-wide organization representing over 600 generators, processors and consumers of organic material. Processina CBM is widely recognized for its innovating processing techniques. CBM serves as a reference facility for multiple vendors and continues to be a sought after test site for new vendor prod,,-+- F^r -ver four years, CBM has successfully recycled and marketed organics and continues to grow approximately 35-50% a year. The company is currently expanding operations to other communities. Curb-side program CBM services the City of Rubidoux source separated green material collection program. CBM began the program in late February 1994. The program is a joint effort between the City of Rubidoux, BURRTEC Disposal and CBM. Current green material program recycles 250 tons per month. Key contacts: David Lopez, General Manager, City of Rubidoux (909) 684-7580 4. PROJECT SCHEDULE Option 1 - Green material CBM is prepared to begin accepting material immediately. The plant is currently permitted and capable of accepting an annual volume of 18,000 tons of green material. Option 2 - Vegetable material CBM proposes to integrate the vegetable material 120 days after the green material. The 120 day period is necessary to standardize the process for both City of San Bernardino personnel, as well as, CBM personnel. Secondly, CBM suggests the City of San Bernardino, in conjunction with CBM initiate a public awareness campaign to educate the residents of San Bernardino on the existing green material program and the new vegetable feature. Option 3 - Paper material CBM proposes to integrate the paper element 120 days after the green and vegetable material program. The 120 day period is necessary to standardize the process for both City of San Bernardino personnel, as well as, CBM personnel. Secondly, CBM suggests the City of San Bernardino, in conjunction with CBM, initiates a public awareness campaign to educate the residents of San Bernardino on the existing green material program and the new paper feature. FinallyT a way to save money and the environment 9�d9 Page 7 5. COST TABLE 1 Green Material Processing Only Pricing Table for Option 1 PROPOSER NAME: CALIFORNIA Bio-Mass, Inc. SERIVE LEVEL (NOTE: 1995 1995 1997 1998 1999 ALL PRICES SHOULD BE IN DOLLARS PER TON) PROCESSING FEE PER 518.00 $19.10 520.20 $21.40 522.70 TON SPECIAL HANDLING: $26.00 $27.50 $2920 530.00 $30.00 TREE STUMPS SPECIAL HANDLING: $22.00 $23.30 524.70 $26.20 $27.70 PALM FRONDS OTHER: Palm Trees Not accepted N/A N/A N/A N/A OTHER: OTHER: RESIDUAL/REJECTS See attached proposal for disposal of rejects and residual DISPOSAL COST PER TON CITY OF SAN No charge No charge No charge No charge No Ch. BERNARDINO FINISHED MATERIAL(PRICE/TON t f z ` RESIDENTIAL GIVE- No charge No charge No charge No charge No Ch. AWAY PROGRAM (PRICE PER 1/2-CUBIC YARD) i NOTES 1. All cost and prices for materials should be calculated on a price per ton with the exception of the residential give-away program. 2. For each calendar year,provide a fixed dollar per ton price to be paid by the City for each service level. 3. If Proposer does not provide a particular service,such as special handling for large size materials,enter N/A in the appropriate spaces. 4. If a Proposer handles additional materials than those listed,please indicate the material in one of the rows labeled"Other,'and complete the pricing information c 5. Pricing and cost information must be completed for each year. Ommission of data may be cause for rejection of the proposal as non- responsive. * NOTE: CBM PRICING DOES NOT REFLECT THE POTENTIAL ADDITIONAL COST TO MEET THE CITY REQUIREMENT OF A PERFORMANCE BOND. q5"ap TABLE 2 Page 8 Green Material and Vegetable Food Waste Processing 5. COST cont, Pricing Table for Option 2 PROPOSER NAME: CALIFORNIA Bio-Mass, Inc. SERIVE LEVEL (NOTE: 1995 1996 1997 1998 1999 ALL PRICES SHOULD BE IN DOLLARS PER TON) PROCESSING FEE PER 522.00 $23.30 $24.70 $26.20 $27.70 TON SPECIAL HANDLING: $26.00 $27.50 $29.20 $30.00 $30.00 TREE STUMPS SPECIAL HANDLING: 522.00 523.30 $24.70 $26.20 $27.70 PALM FRONDS OTHER: Palm Trees Not accepted N/A N/A N/A N/A OTHER: OTHER: RESIDUAL/REJECTS See attached I roposal for dis sal of rejects and residual DISPOSAL COST PER TON CITY OF SAN No charge No charge No charge No charge No Ch. BERNARDINO FINISHED MATERIAL(PRICE/rON RESIDENTIAL GIVE- No charge No charge No charge No charge No Ch. AWAY PROGRAM (PRICE PER 1/2-CUBIC YARD) NOTES 1. All cost and prices for materials should be calculated on a price per ton with the exception of the residential give-away program. 2. For each calendar year,provide a fixed dollar per ton price to be paid by the City for each service level. 3. If Proposer does not provide a particular service,such as special handling for large size materials,enter N/A in the appropriate spaces. 4. If a Proposer handles additional materials than those listed,please indicate the material in one of the rows labeled"Other,"and complete the pricing information 5. Pricing and cost information must be completed for each year. Ommission of data may be cause for rejection of the proposal as non- responsive. * NOTE: CBM PRICING DOES NOT REFLECT THE POTENTIAL ADDITIONAL COST TO MEET THE CITY REQUIREMENT OF A PERFORMANCE BOND. 95-29 TABLE 3 Page 9 Green Material, Vegetable Food Waste and Mixed Paper Processing 5. COST cont,- _ Pricing Table for Option 3 PROPOSER NAME:-CALIFORNIA Bio-Mass, Inc. SERIVE LEVEL (NOTE: 1995 1996 1997 1 998 1999 ALL PRICES SHOULD BE IN DOLLARS PER TON) PROCESSING FEE PER $26.00 $27.50 529.20 $30.90 $32.80 TON SPECIAL HANDLING: $26.00 $27.50 529.20 $30.00 $30.00 TREE STUMPS SPECIAL HANDLING: $22.00 $23.30 $24.70 $26.20 527.70 PALM FRONDS OTHER: Palm Trees Not accepted N/A N/A N/A N/A OTHER: OTHER: RESIDUAL/REJECTS See attached groposal for disposal of rejects and residual DISPOSAL COST PER TON CITY OF SAN No charge No charge No charge No charge No Ch. BERNARDINO FINISHED MATERIAL(PRICE/TON RESIDENTIAL GIVE: No charge No charge No charge No charge No Ch. AWAY PROGRAM (PRICE PER 1/2-CUBIC YARD) r NOTES 1. All cost and prices for materials should be calculated on a price per ton with the exception of the residential give-away program. 2. For each calendar year,provide a fixed dollar per ton price to be paid by the City for each service level. 3. If Proposer does not provide a particular service,such as special handling for large size materials,enter N/A in the appropriate spaces. 4. If a Proposer handles additional materials than those listed,please indicate the material in one of the rows labeled"Other,"and complete the pricing information 5. Pricing and cost information must be completed for each year. Ommission of data may be cause for rejection of the proposal as non- e responsive. " NOTE: CBM PRICING DOES NOT REFLECT THE POTENTIAL ADDITIONAL COST TO MEET THE CITY REQUIREMENT OF A PERFORMANCE BOND. Exhibit A CITY OF SAN BERNARDINO Request for Proposal Green Material Processing ......... -... ........................................ ........................................ ........................................ ........................................ ........................................ ....................................... ! 1i :; : ........................................ ........................................ ........................................ ........................................ ........................................ ............. ........... .. .... ........................................ ........................................ ........................................ _._.........._.......... ....................................... ........................................ > d€ <<> > c r . Partnership for the Future 9� aq cc C • U w � O T � A i l s � BOMBS Co ,o t o o ce) ZB C Cc m n O � m m O O C ca n a . co ca p Ca m i cu cls c n. O Q � N N vNN �* O Co ................ m ' � am T L U . Q1 ' a CQ L t ® E co 4 a a v n a. OL d o O LLM ,. ca' >G (a � m o :5 C V o D 07 a� a c CL d d Q ¢ N N 0 U � c o a� o n. cs o c a E � w U . i Appendix "B" 1999 Disposition and Development Agency Agreement (Agreement) J 1999-263 Or RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 201 North "E" Street Suite 301 San Bernardino, California 92401 (Space Above Line for Use By Recorder) 1999 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CALIFORNIA BIO MASS, INC . SBEO/0001/DOC/3526-2 9/21/99 200 me /%i f 1999-263 1999 DISPOSITION AND DEVELOPMENT AGREEMENT (California Bio Mass) THIS 1999 DISPOSITION AND DEVELOPMENT AGREEMENT (the " Agreement") is entered into as of September 1999, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (the "Agency") and DAVID L. HARDY AND MICHAEL J. HARDY, enants in common, doing business as CALIFORNIA BIO MASS, INC. , a California corporation (the '"Developer") . The Agency and Developer hereby agree as follows : Section 1 . 01 . Purnose of Agreement. The purpose of this Agreement is to implement the Redevelopment Plan for the Northwest Redevelopment Project by providing for the purchase and redevelopment of certain unimproved lands by the Developer. ' The lands which are subject to this Agreement are referred to herein as the "Property" . As of the date of this Agreement the Property is owned by the Agency and the Property is more particularly described in Exhibit "A" attached hereto. The redevelopment of the Property pursuant to this Agreement is in the vital and best interests of the City of San Bernardino (the "City") and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws . The Agency has determined that the deselorment and use of the Property contemplated by this Agreement is consistent with the Redevelopment Implementation Plan for the Northwest Redevelopment Project . Section 1 . 07 The ProcertV and the Project The Property includes approximately Ten and Twenty Eight Hundredths (10 . 28) acres of land, more or less, and is generally situated at San Bernardino, California Promptly following the purchase of the Property from the Agency the Developer shall undertake the redevelopment, improvement, and use of the Property as a municipal solid waste transfer facility (the "Project") The Project is more partially described in Exhibit "B" attached hereto. Section 1 . 03 . Parties to the Agreement . (a) The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33020, js Lea. ) The principal office of the Agency is located at 201 North "E" Street, Suite 301, San Bernardino, California 92401 . S3EC/0001/DOC/3526-2 9/21/99 200 me 1 a ''i 1999-263 (b) The Developer consists of the sole shareholders of the firm known as California Bio Mass, Inc. , a California corporation. The principals of the -Developer are David L. Hardy and Michael J. Hardy, as tenants in common. The principal office and mailing address of the Developer for purposes of this Agreement is. California Bio Mass Attention: David L. Hardy 10397 Alder Avenue Bloomington, California 92316 (c) The City of San Bernardino is not a party to this Agreement . Section 1 . 04 . Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement . The qualifications and identity of the Developer are of particular concern to the Agency. It is because of those qualifications and identity that the Agency has entered into this Agreement with the Developer. Prior to the issuance of a Certificate of Completion as set forth in Section 3 . 07, no voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. Except as set forth in Section 3 . 04, the Developer shall not assign all or any part of this Agreement or any rights hereunder prior to the issuance of the Certificate of Completion with respect to the Project without the prior written approval of the Executive Director of the Agency, which approval shall not be unreasonably withheld. The Developer shall promptly notify the Agency in writing of any and all changes whatsoever in the identity of the business entities and individuals either comprising or in control of the Developer, as well as any and all changes in the interest or the degree of control of the Developer by any such party, of which information the Developer or any of its partners or officers have been notified or may otherwise have knowledge or information. This Agreement may be terminated by the Agency prior to the Close of the Escrow as set forth in Section 2 . 03 if there is any significant or material change, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the Agency prior to the time of such change or the Agency may seek other appropriate relief in the event that at any time following the Close of Escrow and prior to issuance of the Certificate of Completion such a change in the SBEO/0001/DOC/3526-2 9/21/99 200 me 2 1999-263 ownership, or control of the Developer occurs with respect to the Property; provided, however, that (i) the Agency shall first notify the Developer in writing of its intention to terminate this Agreement or to exercise any other remedy, and (ii) the Developer shall have twenty (20) calendar days following its receipt of such written notice to commence and thereafter diligently and continuously proceed with the cure of the default of the Developer hereunder and submit evidence of the initiation of satisfactory completion of such cure to the Agency in a form and substance deemed satisfactory to the Agency, in its reasonable discretion. Section 1 . 05 . Benefit to Protect Area. The Agency has determined that the development of the Property in accordance with this Agreement will materially assist in the elimination of blight and the implementation of the Redevelopment Plan for the Project Area. ARTICLE II DISPOSITION OF THE PROPERTY Section 2 . 01 . Purchase and Sale of the Procertv. Subject to all of the terms, conditions and provisions of this Agreement, and for the consideration of the Purchase Price as herein set forth, the Agency hereby agrees to sell to the Developer merchantable lien free title and the Developer hereby agrees to purchase the following: all of the rieht, title and interest of the Agency in the Property as more fully described in Exhibit "A, " including all right, title and interest of the Agency in and to any land lying in the right-of-way of any existing or proposed highway, street, road, avenue or alley abutting or adjoining the Property. The purchase price which the Agency agrees to accept from the Developer and which the Developer agrees to pay to the Agency for the Property is the sum of FOUR HUNDRED FORTY-ONE THOUSAND DOLLARS (5441, 000 . 00) in United States currency (the "Purchase Price") . Section 2 . 02 . Deposit and payment of purchase price . (a) Within five (5) days following the execution of this Agreement by both parties, the Developer shall deliver to the Escrow Holder (as hereinafter defined) the sum of Five Thousand Dollars (55, 000 . 00) . This sum upon its receipt by the Escrow Holder, is referred to in this Agreement as the "Deposit . " Upon receipt of the Deposit together with a fully executed copy of this SBEO/0001/DOC/3526-2 9/21/99 200 me 3 1999-263 Agreement, the Escrow Holder shall cause the Escrow (as hereinafter defined) to be opened as provided in Section 2 . 03, and the Escrow Holder shall place the Deposit into an interest-bearing escrow account with the interest thereon to accrue to the benefit of the Developer. At the Close of Escrow (as hereinafter defined) , the Deposit shall be applied as a credit to the Purchase Price . (b) Payment of Balance of Purchase Price. The Purchase Price, less the Deposit, shall be tendered by the Developer to the Escrow Holder on the Closing Date (as hereinafter defined) for disbursement to the Agency at the Close of Escrow as follows : (i) a promissory note of the Developer (the "Promissory Note") payable to the Agency in the principal sum of TWO HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($265, 575 . 00) . The Promissory Note shall be secured by a deed of trust and the Promissory Note shall include the following terms as set forth below: (A) a maturity date of eighteen ( 18 ) months from its date (e .g. the Close of Escrow) ; (B) interest shall accrue on the outstanding principal balance of the Promissory Note at the rate per annum established by reference to the State of California Local Agency Invested Funds rate of interest on funds invested in the State Treasury investment pool with a maturity of three ( 3) years, as announced five (5) business days prior to the close of escrow, plus one hundred basis points; and (C) no payments shall be due under the Promissory Note prior to maturity (ii) the balance of the Purchase Price in cash or immediately available funds . The parties acknowledge that as of the date of this Agreement an estimate of the balance of the Purchase Price payable in cash (net of the Deposit and Promissory Note, but without deductions for other charges, credits or lien releases) appears to be approximately ONE HUNDRED SEVENTY THOUSAND FOUR HUNDRED TWENTY-FIVE DOLLARS ($170, 425 . 00) . A deed of trust covering the Property shall secure the Promissory Note (the "Deed of Trust") . The form of the Promissory SBEO/0001/DOC/3526-2 9/21/99 200 me 4 1999-263 Note and the Deed of Trust are attached hereto as Exhibit "C. " The Agency shall agree to subordinate the Deed of Trust to a construction loan in favor of the Developer in an amount not to exceed Eight Hundred Sixty Thousand Dollars ($860, 000 . 00) the proceeds of which shall be used and applied by the Developer solely for the acquisition, improvement and development of the Project. Such subordination of the Deed of Trust shall be evidenced by a construction loan subordination agreement by and between the Developer and the Agency which contains the provisions required under Section 3 . 05 and the covenant of the Developer and the construction lender that the construction loan documentation shall not be amended or modified in any material respect without the approval of the Agency. (c) The Deposit (less an amount equal to the customary and reasonable escrow cancellation charges of the Escrow Holder) shall be returned to the Developer in the event that : (i) the Agency or the Developer terminates this Agreement pursuant to Section 2 . 03 (a) ; or (ii) the Developer does not deliver its Due Diligence Approval Certificate (as hereinafter defined) to the Escrow Holder pursuant to Section 2 . 03 (b) and this Agreement is terminated; or (iii) the Developer' s conditions precedent to the Close of Escrow described in Section 2 . 16 (1) , (2) , (3) , (5) , ( 6) or (7 ) are not satisfied (unless satisfaction has been waived by the Developer) and this Agreement is terminated; or (iv) the Property is materially damaged prior to the Close of Escrow, or an action of eminent domain is commenced by a governmental entity with respect to the Property prior to the Close of Escrow, and the Developer elects to terminate this Agreement pursuant to Section 2 . 25 . Section 2 . 03 . O-ceni.na and Closina of Escrow. (a) The transfer and sale of the Property shall take place through an Escrow (the "Escrow") to be administered by First American Title Insurance Company: Escrow Department or such other escrow or title insurance company mutually agreed upon by the Seller and the Agency (the "Escrow Holder") . The Escrow shall be deemed open ("Opening of Escrow") upon the receipt by the Escrow Holder of a fully executed copy of this Agreement and the Deposit. The Escrow Holder shall promptly confirm to the parties the escrow SBEO/0001/DOC/3526-2 9/21/99 200 me 5 1999-263 number and the title insurance order number assigned to the Escrow. (b) In the event that the Developer has not delivered its Due Diligence Approval Certificate to the Agency and the Escrow Holder within one hundred twenty (120) days from the Opening of Escrow for any reason, then in such event this Agreement shall terminate upon written notice to the Escrow Holder from either the Agency or the Developer, whereupon the Deposit shall be returned by the Escrow Holder to the Developer (less an amount equal to the customary and reasonable escrow cancellation charges payable to the Escrow Holder) without further or separate instruction to the Escrow Holder, and the parties shall each be relieved and discharged from all further responsibility or liability under this Agreement. (c) Provided that the Developer has delivered its Due Diligence Approval Certificate within the period of time authorized in Section 2 . 03 (b) , then the Closing Date of the Escrow shall occur within sixty (60) days thereafter, subject to the provisions of Section 2 . 16 and Section 2 . 17 . The words "Close of Escrow, " "Closing Date" and "Closing" shall mean and refer to the date when the Escrow Holder is in receipt of the Purchase Price and the related Escrow documents of the parties and the Escrow Holder is in a position to comply with the final written escrow closing instructions of the parties and cause the Agency Grant Deed for the Property to be recorded and the policy of insurance for the Property to be delivered to the Developer. Section 2 . 09 . Escrow Instructions . This Agreement also constitutes escrow instructions of the parties to the Escrow Holder. Additionally, the Developer and the Agency each agree to execute the cus-omary supplemental escrow instructions of the Escrow Holder in the form provided by the Escrow Holder to its clients in real property escrow transactions administered by it. In the event of a conflict between the additional terms of such customary supplemental escrow instructions of the Escrow Holder and the provisions of this Agreement, this Agreement shall supersede and be controlling. Upon any termination of this Agreement or cancellation of the Escrow, the Developer shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder, the Escrow Holder shall forthwith return all monies (as provided in this Agreement) and documents, less only the Escrow Holder' s customary and reasonable escrow cancellation fees and expenses, as set forth herein. Section 2 . 05 . Conveyance of Title . On or before 12 : 00 noon on the business day preceding the Closing Date, the Agency shall deliver to the Escrow Holder a grant deed in the form attached hereto as Exhibit "D" (the "Agency Grant Deed") duly SBEO/0001/DOC/3526-2 9/21/99 200 me 6 1999-263 executed and acknowledged by the Agency, which Agency Grant Deed shall convey all of its merchantable lien free of the right, title and interest of the Agency in the Property to the Developer. The Escrow Holder shall be instructed to record the Agency Grant Deed in the Official Records of San Bernardino County, California, if and when Escrow Holder holds the various instruments and funds for the accounts of the parties as set forth herein and can obtain for the Developer a CLTA owner' s extended coverage policy of title insurance ("Title Policy") issued by First American Title Company or such other title insurance company mutually agreed upon by the parties ("Title Company") with liability in an amount equal to the Purchase Price together with such endorsements to the policy as may be reasonably requested by the Developer, insuring that the Property with fee title to the Property vested in the Developer is free and clear of options, rights of first refusal or other purchase rights, leases or other possessory interests, lis pendens and monetary liens and/or encumbrances and subject only to: (1) non-delinquent real property taxes; (2) nor.-monetary title exceptions approved by the Developer pursuant to Section 2 . 13 below; (3) applicable provisions of the parcel map/subdivision map for the Property; (4 ) the effect of the Redevelopment Plan for the Northwest Redevelopment Project; (5) the effect of the initiation of the sewer maintenance and assessment district affecting the Property, as provided under Section 2•. 26; ( 6) the effect of any conditions imposed by the City as part of the development plan approvals for the Project; (7) the provision of the Agency Grant Deed; (8 ) the applicable provisions of this Agreement; and ( 9) such other title exceptions, if any, resulting from documents being recorded or delivered through Escrow. Section 2 . 06 . Additional Closing Obligations of Agency. On or before 12 : 00 noon on the business day preceding the Closing Date (unless indicated otherwise) , the Agency shall deliver to the SBEO/0001/DOC/3526-2 9/21/99 200 me 7 1999-263 Escrow Holder (unless indicated to be delivered directly to the Developer) copies of the following documents and other items : (1) a certificate of non-foreign status (the "Non- Foreign Affidavit") executed by the Agency, in the customary form provided by the Escrow Holder, and a California Franchise Tax Board Form 590-RE executed by the Agency; (2) all soils, seismic, geologic, drainage, and environmental reports, and surveys, with respect to the Property, if any, which the Agency has in its possession and/or control to the extent that originals of such items have not been delivered previously by the Agency to the Developer pursuant to Section 2 . 08 below; (3) two (2) duplicate original copies of the Closing Statement described in Section 2 . 21, duly executed by the Agency; (4 ) evidence of the existence, organization and authority of the Agency and of the authority of persons executing documents on behalf of the Agency reasonably satisfactory to the Escrow Holder and Title Company; and (5) any other documents, instruments, funds and records required to be delivered to the Developer under the terms of this Agreement which have not been previously delivered. Section 2 . 07 . Closing Obligations of Developer. On or before 12 : 00 noon on the business day preceding the Closing Date, the Developer shall deliver to the Escrow Holder copies of the following documents and other items : (1) an acknowledgment and acceptance of the Agency Grant Deed, duly executed and acknowledged by the Developer. (2) two (2) duplicate original copies of the Closing Statement, duly executed by the Developer. (3) an original and duly executed Promissory Note, and the Deed of Trust in recordable form. (4 ) evidence of the existence, organization and authority of the Developer and of the authority of SBEO/0001/DOC/3526-2 9/21/99 200 me 8 1999-263 persons executing documents on behalf of the Developer reasonably satisfactory to the Escrow Holder and the Title Company. (5) any other documents, instruments or funds required to be delivered by the Developer under the terms of this Agreement or as otherwise required by Escrow Holder or Title Company in order to close Escrow which have not previously been delivered. Section 2 . 08 . Inspections and Review. (a) Due Diligence Items . Within five (5) days after the execution of this Agreement, the Agency shall deliver true, correct and complete copies or originals of the following documents and items (collectively, "Due Diligence Items") to the Developer: ( 1) copies of all soils, seismic, geologic, drainage, engineering, environmental and similar type reports and surveys (including, but not limited to, any Property Environmental Site Assessments) , surveys, relating to the Property if any, in the possession or control of the Agency. (2 ) notices of violations, including, but not limited to, zoning ordinances, development or building codes affecting the Property within the Agency' s possession or control . (3) disclosure of any legal matters affecting the use or condition of the Property within the knowledge of the Agency. ( 4 ) a copy of the Redevelopment Plan for the Northwest Redevelopment Project . (b) Certain Definitions . FOr the purpose of this Agreement, the terms set forth below shall have the following meaning: (i) "environmental laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability of standards of conduct concerning any hazardous substance (as later defined) , or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, SBEO/0001/DOC/3526-2 9/21/99 200 me 9 1999-263 ordinances, or regulations relate to hazardous substances on, under, or about the Property) , occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("'CERCLA") [42 USC Section 9601 et seq. ] ; the Resource Conservation and Recovery Act of 1976 ("RCRA") [42 USC Section 6901 et seq. ] ; the Clean Water Act, also known as the Federal Water Pollution Control Act ("FWPCA") [33 USC Section 1251 et eq. ] ; the Toxic Substances Control Act ("TSCA") [15 USC Section 2601 et seq. ] ; the Hazardous Materials Transportation Act ("HMTA") [49 USC Section 1801 et seq. ] ; the Insecticide, Fungicide, Rodenticide' Act [7 USC Section 6901 et seq. ] the Clean Air Act [42 USC Section 7401 et seq. ] ; the Safe Drinking Water Act [42 USC Section 300f et seq. ] ;' the Solid Waste Disposal Act [42 USC Section 6901 et seq. ] ; the Surface Mining Control and Reclamation Act [30 USC Section 101 et seq. ] the Emergency Planning and Community Right to Know Act [42 USC Section 11001 et seq. ] ; the Occupational Safety and Health Act [29 USC Section 655 and 6571 ; the California Underground Storage of Hazardous Substances Act [H & S C Section 25288 et seq. ] ; the California Hazardous Substances Account Act [H & S C Section 25300 et seq. ] ; the California Safe Drinking Water and Toxic Enforcement Act [H & S C Section 24249. 5 et seq. ] the Porter-Cologne Water Quality Act [Water Code Section 13000 et seq. ] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or-:later enacted that pertains to occupational health or industrial hygiene, and only to the extent the occupational health or industrial hygiene laws, ordinances, or regulations relate to hazardous substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. (ii) "hazardous substances" includes without limitation: those substances included within the definitions of "hazardous substance, " "hazardous waste, " "hazardous material, " "toxic substance, " "solid waste, " or "pollutant or contaminate" in CERCLA, RCRA, TSCA, HMTA, or under any other environmental law; and SBEO/0001/DOC/3526-2 9/21/99 200 me 10 1999-263 those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172 . 101] , or by the EPA, or any successor agency, as hazardous substances [40 CFR Part 3021 ; and other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and any material, waste, or substance that is : (1) a petroleum or refined petroleum product, (2) asbestos, (3) polychlorinated biphenyl, (4 ) designated as a hazardous substance pursuant to 33 USC Section 1321 or listed pursuant to 33 USC Section 1317, (5) a flammable explosive, or ( 6) a radioactive material . Section 2 . 09 . Due Diligence Investigation of the Property By the Developer. (a) Within one hundred and twenty ( 120) days from and after the Opening of Escrow, and subject to the extensions of time set forth below in Section 2 . 15, the Developer shall have the right to examine, inspect and investigate the Property (the "Due Diligence Period" ) to determine whether the condition of the Property is acceptable to the Developer and to obtain such development project approvals from the City for the improvement of the Project as the Developer may require in its sole and absolute discretion . (b) During the Due Diligence Period, the Agency shall permit the Developer, its engineers, analysts, contractors and agents to conduct such physical inspections and testing of the Property as the Buyer deems prudent with respect to the physical condition of the Property, including the inspection or investigation of soil and subsurface soil geotechnical condition, drainage, seismic and other geological and topographical matters, surveys the potential presence of any hazardous substances, if any. (c) Any such investigation work on the Property may be conducted by the Developer and/or its agents during any normal SBE0/0001/00C/3526-2 9/21/99 200 me 1 1 1999-263 business hours upon seventy-two (72) hours prior notice to the Agency, which notice will include a description of any investigation work or tests to be conducted by the Developer on the Property. upon the Agency' s request, the Developer will provide the Agency with copies of any test results . (d) During the Due Diligence Period, the Developer shall also have the right to investigate all matters relating to the zoning, use and compliance with other applicable laws which relate to the use and development and improvement of the Property. The Developer may submit an application to the City and any other regulatory agency with jurisdiction for any and all necessary development project approvals for the improvement of the Project. The Agency hereby consents to the submission of such development project approval applications by the Developer. (e) The Agency shall cooperate fully to assist the Developer in completing such inspections and investigations of the condition of the Property. The Agency shall have the right, but not the obligation, to accompany the Developer during such investigations and/or inspections . The Developer shall pay for all costs and excenses associated with the conduct of all such Due Diligence investigation including the cost of submitting any development project approval application as relates to the Project to any regulatory jurisdiction. Section 2 . 10 . Due Diligence Aocroval Certificate . Within one hundred twenty (120) days following the Opening of Escrow, the Developer shall complete its investigation of the Property (subject to the extensions of time set forth in Section 2 . 15) and deliver a due diligence approval certificate signed by the Developer (the "Due Diligence Approval Certificate") to the Escrow Holder which either: ( i } indicates that the Developer accepts the condition Off the Property or; (ii) contains a description of the matters or exceptions relating to the condition of the Property which the Developer was not able to accept or resolve to its satisfaction during the Due Diligence Period. Section 2 . 11 . Books and Records . As part of the Developer' s due investigations during the Due Diligence Period, the Developer shall be afforded full opportunity by the Agency to examine all books and records which relate to the Property in the possession of the Agency and/or the Agency' s agents or employees, including the reasonable right to make copies of such books and records . During the Due Diligence Period, the Agency will make SBEO/0001/DOC/3526-2 9/21/99 200 me 12 1999-263 sufficient staff available to assist the Developer with obtaining access to information relating to the Property which is in the possession or control of Agency. Section 2 . 12 . Condition of the Property-Developer' s Release . The Developer acknowledges and agrees that it shall be given a full opportunity under this Agreement to inspect and investigate every aspect of the Property during the Due Diligence Period. The Developer shall accept the delivery of possession to the Property on the Close of Escrow in an "AS IS, " `WHERE IS" and "SUBJECT TO ALL FAULTS" condition. The Developer further agrees and represents to the Agency that by a date no later than the end of the Due Diligence Period, the Developer shall have conducted and completed (or waived the completion) of all of its independent investigation of the condition of the Property which the Developer may believe to be indicated. The Developer hereby acknowledges that it shall rely solely upon its own investigation of ' the Property and its own review of such information and documentation as it deems appropriate for the purpose of accepting the condition and possession of the Property. The Developer is not relying on any statement or representation by the Agency relating to the condition of the Property unless such statement or representation is specifically contained in this Agreement . Without limiting the foregoing, the Agency makes no representations or warranties as to whether the Property presently complies with environmental laws or whether the Property contains any hazardous substance, as these terms are defined in Section 2 . 08 (b) hereof. Furthermore, to the extent that the Agency has provided the Developer with information relating to the condition of the Property, including information and reports prepared by or on behalf of the City of San Bernardino, the Agency makes no representation or warranty with respect to the accuracy, completeness or methodology or content of such reports or information. Without limiting the above, except to the extent covered by an express representation or warranty of the Agency set forth in this Agreement, the Developer, on behalf of itself and its successors and assigns, waives and release the Agency and its successors and assigns from any and all costs or expenses whatsoever (including, without limitation, attorneys ' fees and costs) , whether direct or indirect, known or unknown, foreseen or unforeseen, arising from or relating to the physical condition of the Property, the condition of the soils, the suitability of the soils for the improvement of the Project as proposed, or any law or regulation applicable thereto, including the presence or alleged presence or harmful or hazardous substances in, under or about the Property including, without limitation, any claims under or on account of (i) CERCLA and similar statutes and any regulations promulgated thereunder or (ii) any other environmental laws . SBEO/0001/DOC/3526-2 9/21/99 200 me 13 1999-263 The Developer expressly waives any rights or benefits available to it with respect to the foregoing release under any provision of applicable law which generally provides that a general release does not extend to claims which the creditor does not know of suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement . By execution of this Agreement, the Developer acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this Section 2 . 12 without 11miting the generality of the foregoing: The undersigned acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows : "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOWN OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. " The undersigned, being aware of this code section, herebv expressly waives any rights it may have thereunder, as well as under any other statutes or common law principles of similar effect . Initials of Developer: � The provisions of this Section 2 . 12 shall survive the Close of Escrow. Section 2 . 13 . Review and Aocroval of Condition of Title by the Developer . (a) Within fifteen (15) days following the Opening of Escrow, Agency shall cause to be delivered to the Developer a preliminary title report or title commitment for a CLTA extended coverage policy of title insurance issued by the Title Company, describing the state of title of the Property, together with copies of all exceptions specified therein and with all easements plotted, but excluding matters disclosed on a survey (the "Preliminary Title Report") . The Developer shall notify the Agency in writing of any objections the Developer may have to the title exceptions contained in the Preliminary Title Report ( "Developer' s Title Objection Notice") prior to the expiration of the Due Diligence Period. The Agency shall have a period of five (5) days after receipt of the Developer' s Title Objection Notice in which to deliver written sBEO/0001/DOC/3526-2 9/21/99 200 me 14 1999-263 notice to the Developer ("Agency' s Title Notice") of the Agency' s election to either (i) agree to remove the objectionable items prior to the Close of Escrow, or (ii) decline to remove any such title exceptions; provided, however, that the Agency shall be required to remove all monetary liens and encumbrances created by or as a result of the Agency's activities . If the Agency notifies the Developer of its election to terminate Escrow rather than remove the objectionable items, the Developer shall have the right, by written notice delivered to the Agency within five (5) days after the Developer ' s receipt of the Agency' s Title Notice, to agree to accept the Property subject to the objectionable items, in which event the Agency' s election to terminate the Escrow shall be of no effect, and the Developer shall take title at the Close of Escrow subject to such objectionable title items . (b) The Agency covenants not to further encumber and not to place any further liens or encumbrances on the Property, including, but not limited to, covenants, conditions, restrictions, easements, liens, options to purchase, options to lease, leases, tenancies, or other possessory interests without the prior written consent of the Developer. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions (including, but not limited to, adding additional exceptions for matters shown on the Survey as hereinafter defined) , the foregoing right of review and approval shall also apply to said amendment or supplement (provided that the period for the Developer to review such amendment or supplement shall be the later of the expiration of the Due Diligence Period or ten (10) days from receipt of the amendment or supplement) and Escrow shall be deemed extended by the amount of time necessary to allow such review and approval in the time and manner set forth above . Section 2 . 14 . Survev. The Developer may at its sole cost and separate expense obtain a survey of the Property prepared by a land surveyor duly licensed by the State of California and in compliance with ALTA/ASCM standards ( "Survey") . The Survey shall be in a form acceptable to the Title Company for the deletion of the standard survey exception in the Title Policy relating to boundaries, without the addition of further exceptions unless the same are acceptable to the Developer in its sole and absolute discretion. The Developer shall have until the end of the Due Diligence Period to complete and examine the Survey and to notify Agency in writing of any objections the Developer has to the Survey ("Developer' s Survey Objection Notice") . The Agency shall have a period of five (5) days after receipt of the Developer' s Survey Objection Notice in which to deliver written notice to the Developer ( "Agency' s Survey Notice") of the Agency' s election to either (i) agree to remove the objectionable items prior to the Close of Escrow or (ii) decline to remove such items . If the SBEO/0001/DOC/3526-2 9/21/99 200 me 1 5 1999-263 Agency notifies the Developer of its intention to not remove the objectionable items, the Developer shall have the right, by written notice delivered to the Agency within five (5) days after the Developer ' s receipt of Agency' s Survey Notice, to agree to accept the Property subject to the objectionable items, in which event, the Agency' s election to terminate the Escrow shall be of no effect, and the Developer shall accept the Property at the Close of Escrow subject to such objectionable items . Prior to the Closing, the Survey shall be recertified to the Developer, Title Company and the Developer ' s lender, if any. The Survey will be performed at the Developer ' s sole cost and expense. Section 2 . 15 . Extension of Due Diligence Period. (a) In the event Agency fails to provide to the Developer the documents and other information required by Sections 2 . 08 and 2 . 11 by the date (s) set forth therein, the Due Diligence Period for such information shall be extended by one (1) day for each day of the delay by the Agency to permit the Developer to perform an adequate due diligence review (but not to exceed a total of sixty (60) such days) . The Developer will use its best efforts to notify Agency of any documents the Agency has failed to deliver to the Developer within the time periods provided in Sections 2 . 08 and 2 . 11 . (b) In the event that the Executive Director makes a finding that the Developer has undertaken substantial work to complete the Due Diligence =mplementation of the Project, the Executive Director shall upon the written request of the Developer authorize an extension of the Due Diligence Period for up to an additional thirty (30) days . Section 2 . 16 . Developer' s Conditions Prec;dent to Close Escrow. The Developer ' s obligation complete the purchase the Property and Close the Escrow shall be conditioned upon the fulfillment of the following conditions precedent, all of which shall be satisfied (or waived in writing pursuant to Section 2 . 19) prior to the Close of Escrow: (1) The Agency shall not have defaulted on any material term of this Agreement to be performed by the Agency hereunder, and each representation and warranty made by the Agency in this Agreement shall remain true and correct . For purposes of this subsection (1) only, a representation that is limited to the Agency' s knowledge or notice shall be false if the factual matter that is subject to the representation is false, notwithstanding any lack of knowledge or notice to the Agency; SBEO/0001/DOC/3526-2 9/21/99 200 me 16 1999-263 (2 ) the Developer' s approval of the Preliminary Title Report and the Survey, if applicable, within the time periods specified in Sections 2 . 13 and 2 . 14 ; (3 ) the Developer' s approval of the contents of all Due Diligence Items, and the other investigations of the Property made by the Developer and/or its designees pursuant to Sections 2 . 08 and 2 . 09 herein on or before the expiration of the Due Diligence Period, or such later date if the Due Diligence Period is extended pursuant to Section 2 . 15 . The Developer shall be deemed to have disapproved such Due Diligence Items unless they are approved on or before 5 : 00 p.m. on the day of the Due Diligence Period, or such later date if the Due Diligence Period is extended pursuant to Section 2 . 15 herein; (4 ) the Developer' s confirmation that a resource recycling and marketing zone designation has been obtained for the Property under the program described at Public Resources Code Section 42010 et sea. , ; provided, however, the Agency is under no obligation to cause such zone designation to be applied for or obtained; (5) the Developer has obtained a construction loan commitment for the acquisition of the Property and the construction of the Project from an institutional lender on terms reasonably acceptable to the Developer in a principal amount of at least Eight Hundred Thousand Dollars ($800, 000 . 00) ; ( 6) the Developer and the Agency have jointly approved the Sewer Service Plan as set forth in Section 2 .26; (7 ) the Developer has obtained the acknowledgment of subordination of the Agency' s security interest in the Agency Deed of Trust to such construction loan as set forth herein; (8 ) the Developer' s approval of any notice of change in representation or warranty given by the Agency pursuant to Section 2 . 25 (a) hereof; and ( 9) the Title Company has committed to issue the Title Policy, in favor of the Developer in the form described in Section 2 . 05 . SBEO/0001/DOC/3526-2 9/21/99 200 me 17 1999-263 Section 2 . 17 . The Agency' s Conditions Precedent to Close Escrow. The Agency' s obligation to convey the Property to the Developer shall be conditioned upon the fulfillment of the following conditions precedent, all of which shall be satisfied (or waived in writing pursuant to Section 2 . 19) prior to the Close of Escrow: (1) the Developer has accepted the condition of the Property and submitted its Due Diligence Approval Certification to the Escrow Holder on or before the date set forth in this Agreement; (2) the Developer has accepted the condition of title of each of the Property on or before the date set forth in Section 2 . 13; (3) the Developer shall not be in default of any material term of this Agreement to be performed by the Developer hereunder and each representation and warranty of the Developer made in this Agreement shall remain true and correct; and (4 ) the Developer shall be satisfied (or waive satisfaction) of each of the conditions precedent set forth in Section 2 . 16 and the Escrow is in a condition to close within one hundred and eighty (180) days following the Opening of Escrow (subject to Section 2 . 15, if applicable) . Section 2 . 18 . Distribution of Documents and Purchase Price After Closing Date by Escrow Holder. The Escrow Holder shall deliver to the Developer within the (3) business days following the Closing Date a conformed copy of the Agency Grant Deed, as recorded and the policy of title insurance issued by the Title Company in favor of the Developer. The Escrow Holder shall deliver to the Agency the Purchase Price, less sums paid to discharge any liens, less Escrow costs, expenses and the various prorations chargeable to the Agency hereunder. Section 2 . 19 . Satisfaction of Conditions . Where satisfaction of any of the foregoing conditions requires action by the Developer or by the Agency, each party shall use its diligent best efforts, in good faith, and at its own cost, to satisfy such condition. Where satisfaction of any of the foregoing conditions requires the approval of a party, such approval shall be in such party' s sole and absolute discretion. SBEO/0001/DOC/3526-2 9/21/99 200 me is 1999-263 Either party may waive any of the conditions set forth in the Agreement, but any such waiver shall be effective only if contained in a writing signed by the applicable party and delivered to the Escrow Holder. Section 2 . 20 . [RESERVED -- NO TEXT] Section 2 . 21 . Prorations , Closing Costs , possession . (a) Real and personal property taxes for the Property shall be prorated by the parties to the Closing Date on the basis of a three hundred sixty-five (365) day year on the basis that the Agency is responsible for (i) all such taxes (if any) for the fiscal year of the applicable taxing authority occurring prior to the Current Tax Period (as defined below) and (ii) that portion of such taxes for the Current Tax Period to 11 : 59 p.m. on the Closing Date, whether or not the same shall be payable prior to the Closing Date. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the Closing occurs . All tax prorations shall be based upon the latest available tax statement . if the tax statements for the fiscal tax year during which Escrow closes do not become available until after the Closing Date, then the rates and assessed values of the previous year, with known changes, shall be used, and the parties shall re-prorate said taxes outside of Escrow following the Closing Date when such tax statements become available . The Agency shall be responsible for and shall pay or reimburse the Developer upon demand for any real or personal property taxes payable following the Closing Date applicable to any period of time prior to the Closing Date as a result of any change in the tax assessment by reason of reassessment, changes in use of the Property, changes in ownership, errors by the Assessor or otherwise . (b) The Developer shall be entitled to exclusive possession of the Property immediately upon the Close of Escrow. (c) The Agency shall pay the cost of the premium for a CLTA owner ' s extended coverage policy of title insurance on the Property in the amount of the Purchase Price, together with all title charges (including endorsements reasonably requested by the Developer to remove disapproved items shown on the Preliminary Title Report or Survey pursuant to Sections 2 . 13 and 2 . 14 above) . The Agency shall pay one-half (1-i) of the customary and reasonable escrow fees which may be charged by the Escrow Holder in connection with the close of Escrow. The Developer shall pay the additional cost of the Survey and requested CLTA survey policy endorsements (to the extent such endorsements are unrelated to removal of any disapproved items SBEO/0001/DOC/3526-2 9/21/99 200 me 19 1999-263 shown on the Preliminary Title Report or Survey pursuant to Sections 2 . 13 and 2 . 14 above) which exceeds the premium for a CLTA owner' s extended coverage policy of title insurance on the Property, plus the cost of recording the Agency Grant Deed, together with one-half ('-i) of the cost of the customary and reasonable escrow fees charged by Escrow Holder in connection with the Close of Escrow. The Developer shall pay any documentary or other transfer taxes payable on account of the conveyance of the Property to the Developer . Any other Escrow-related transaction expenses or escrow closing costs incurred by the Escrow Holder in connection with this transaction shall be apportioned and paid for by the parties to this Agreement in the manner customary in San Bernardino County, California . No later than three (3) business days prior to the Closing Date, the Escrow Holder shall prepare for approval by the Developer and the Agency a closing statement ( "Closing Statement") on the Escrow Holder ' s standard form indicating, among other things, the Escrow Holder ' s estimate of all closing costs, pay-off amounts for the release and reconveyance of all liens secured by the Property and prorations made pursuant to this Agreement . The Developer and the agency shall assist the Escrow Holder in determining the amount cf all prorations . Section 2 . 22 . BREACH OF ARTICLE II BY THE AGENCY: LIQUIDATED DAYI AGES ?a_v_ `3� E E `Y T AGENCY TO T. DEVELOPER. IN THE EVENT THAT THE AGENCY COMMITS A MATERIAL BREACH OF ITS OBLIGATIONS UNDER THIS ARTICLE II PRIOR TO THE CLOSE OF ESCROW, THE DAMAGES THAT THE DEVELOPER WILL INCUR BY REASON THEREOF ARE AND WILL BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTABLISH. THE DEVELOPER AND THE AGENCY, IN A REASONABLE EFFORT TO ASCERTAIN WHAT THE DEVELOPER' S DAMAGES WOULD BE IN THE EVENT OF SUCH A DEFAULT BY THE AGENCY, HAVE AGREED THAT SUCH DAMAGES SHALL BE IN AN AMOUNT EQUAL TO THE SUM OF TWENTY-FIVE THOUSAND DOLLARS ($25 , 000 . 00) AS LIQUIDATED DAMAGES . SUCH SUM SHALL BE PAID TO THE DEVELOPER IN THE EVENT OF SUCH DEFAULT BY THE AGENCY UPON THE TERMINATION OF THIS AGREEMENT AND CANCELLATION OF THE ESCROW, AS LIQUIDATED DAMAGES, WHICH DAMAGES SHALL BE THE DEVELOPER' S SOLE AND EXCLUSIVE REMEDY AT LAW OR IN EQUITY IN THE EVENT OF AND FOR SUCH DEFAULT BY THE AGENCY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THE DEVELOPER WAIVES ANY AND ALL RIGHTS WHICH THE DEVELOPER OTHERWISE WOULD HAVE HAD UNDER CIVIL CODE SECTION 3389 TO SPECIFICALLY ENFORCE THIS AGREEMENT. THE DEVELOPER AND THE AGENCY ACKNOWLEDGE AND AGREE THAT EACH OF THEM HAS READ AND UNDERSTANDS SBEO/0001/DOC/3526-2 9/21/99 200 me 20 1999-263 THE PROVISIONS OF THIS SECTION AND EACH AGREES TO BE BOUND BY ITS TERMS . i � - C:;0r_ Ini als of Agency Initials of Developer Section 2 . 23 . BREACH BY THE DEVELOPER OF ARTICLE II ; LIQUIDATED DAMAGES PAYABLE BY THE DEVELOPER TO THE AGENCY. IN THE EVENT THAT THE DEVELOPER COMMITS A MATERIAL BREACH OF ITS OBLIGATIONS UNDER THIS ARTICLE II PRIOR TO THE CLOSE OF ESCROW, THE DAMAGES THAT THE AGENCY WILL INCUR BY REASON THEREOF ARE AND WILL BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTABLISH. THE DEVELOPER AND THE AGENCY, IN A REASONABLE EFFORT TO ASCERTAIN WHAT THE AGENCY' S DAMAGES WOULD BE IN THE EVENT OF SUCH A DEFAULT BY THE DEVELOPER, HAVE AGREED THAT SUCH DAMAGES SHALL BE IN -AN AMOUNT EQUAL TO THE SUM OF TWENTY-FIVE THOUSAND DOLLARS ($25, 000 . 00) AS LIQUIDATED DAMAGES . SUCH SUM SHALL BE PAID TO THE AGENCY IN THE EVENT OF SUCH DEFAULT BY THE DEVELOPER AS LIQUIDATED DAMAGES, WHICH DAMAGES SHALL BE THE AGENCY' S SOLE AND EXCLUSIVE REMEDY AT LAW OR IN EQUITY IN THE EVENT OF AND FOR SUCH DEFAULT BY THE DEVELOPER. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THE AGENCY WAIVES ANY AND ALL RIGHTS WHICH THE AGENCY OTHERWISE WOULD HAVE HAD UNDER CIVIL CODE SECTION 3389 TO SPECIFICALLY ENFORCE THIS AGREEMENT. THE AGENCY AND THE DEVELOPER ACKNOWLEDGE AND AGREE THAT EACH OF THEM HAS READ AND UNDERSTANDS THE PROVII NS OF THIS SECTION AND EACH AGREES TO BE BOUND BY ITS TERMS . Initials of Developer Tnftials of Agency �zectiOn 2 . 24 Recresentations a- _4 WaL" anries . (a) W;=rrant=eS and Repr°_Sen.taticns by the Aaencv. The Agency hereby makes the following represer._ations, covenants and warranties and acknowledges that the execution of this Agreement by the Developer has been made and the acquisition by the Developer of the Property will have been mmade in mat_rial reliance by the Developer on such covenants, representations and warranties : ( 1) warranties True . Each and every undertaking and obligation of the Agency under this Agreement shall be performed by the Agency timely when due; and that all representations and warranties of the Agency under this Agreement and its exhibits shall be true in all material respects at the Closing as though they were made at the time of Closing. S3E0/0001/D0C/3526-2 9/21/99 200 me 21 1999-263 (2) Due Organization . The Agency is a community redevelopment agency, duly formed and operating under the laws of California . The Agency has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transactions contemplated hereby. (3) Requisite Action. The Agency has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (4 ) Enforceability of Agreement. The persons executing any instruments for or on behalf of the Agency have been authorized to act on behalf of the Agency and that the Agreement is valid and enforceable against the Agency in accordance with its terms and each instrument to be executed by the Agency pursuant hereto or in connection therewith will, when executed, be valid and enforceable against the Agency in accordance with its terms . No approval, consent, order or authorization of, or designation or declaration of any other person, is required in connection with the valid execution and delivery of and compliance with this Agreement by the Agency. (5) Title . Prior to the Closing, the Agency will be the owner of (and the Developer will acquire hereunder) the entire right, title and interest in the Property to effectively vest in the Developer good and marketable fee simple title to the Property, that the Developer will acquire the Property free and clear of all liens, encumbrances, claims, rights, demands, easements, leases or other possessory interests, agreements, covenants, conditions, and restrictions of any kind or character (including, without limiting the generality of the foregoing, liens or claims for taxes, mortgages, conditional sales contracts, or other title retention agreement, deeds of trust, security agreements and pledges and mechanics lien) except: (i) the matters described in Section 2 . 05, and (ii) the exceptions to title approved by the Buyer pursuant to Section 2 . 13 . SBEC/OOOi/DCC/3526-2 9/21/99 200 me 22 1999-263 ( 6) No Litigation . There are no pending or, to the best of the Agency' s knowledge, threatened claims, actions, allegations or lawsuits of any kind, whether for personal injury, property damage, property taxes or otherwise, that could materially and adversely affect the value or use of the Property or prohibit the sale thereof, nor to the best of the Agency' s knowledge, is there any governmental investigation of any type or nature pending or threatened against or relating to the Property or the transactions contemplated hereby. (7) Operation and Condition Pending Closing. Between the date of this Agreement and the Close of Escrow, the Agency will continue to manage, operate and maintain the Property in the same manner as existed prior to the execution of this Agreement . (8) Contracts . There are no contracts or agreements to which the Agency is a party relating to the operation, maintenance, development, improvement or ownership of either of the Property which will survive the Close of Escrow except as may be set forth in the Agency Grant Deed or in the Deed of Trust . ( 9) Development of Project . Although the Agency makes no representation or warranty that the Property is suitable for the development or operation of the Project, the Agency has no present knowledge of any condition of the Property which would prevent its development in accordance with the Scope of Development. ( 10) Special Studies Zone . The Property is (?1 / fis not notl located within a designated earthquake fault zone pursuant to California Public Resources Code Section 2621 . 9 and a designated area that is particularly susceptible to ground shaking, liquefaction, landslides or other ground failure during an earthquake pursuant to California Public Resources Code Section 2694 . (11) The Agency' s Knowledge . For purposes of this Section 2 .22, the terms "to the best of the Agency' s knowledge" or "to the Agency' s knowledge" shall mean the actual knowledge of Gary Van Osdel and Ronald Winkler. SBEO/0001/DOC/3526-2 9/21/99 200 me 23 1999-263 If the Agency becomes aware of any act or circumstance which would change or render incorrect, in whole or in part, any representation or warranty made by the Agency under this Agreement, whether as of the date given or any time thereafter through the Closing Date and whether or not such representation or warranty was based upon the Agency' s knowledge and/or belief as of a certain date, the Agency will give immediate written notice of such changed fact or circumstance to the Developer, but such notice shall not release the Agency of its liabilities or obligations with respect thereto. All representations and warranties contained in this Section 2 .24 (a) are true and correct on the date hereof and on the Closing Date and the Agency' s liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Agreement, shall survive the execution and delivery of this Agreement and the Close of Escrow. (b) Warranties and Representations by the Developer. The Developer hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by the Agency has been made in material reliance by the Agency on such covenants, representations and warranties : (1) The Developer is a duly organized and validly existing. The Developer has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this Agreement and the instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer. (2) The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) This Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms . SBEO/0001/DOC/3526-2 9/21/99 200 me 24 1999-263 (4 ) Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument or other obliaation to which the Developer is a party or by which the Developer may be bound, or under law, statute, ordinance, rule, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. All representations and warranties contained in this Section 2 . 24 (b) are true and correct on the date hereof and on the Closing Date and Developer' s liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Agreement, shall survive the execution and delivery of this Agreement and the Closing. Section 2 . 25 . Damage, Destruction and Condemnation. Prior to the Agency' s delivery of possession of the Property to Developer at the Close of Escrow, the risk of loss or damage to the Property shall remain upon the Agency. If the Property suffers damages as a result of any casualty prior to the Close of Escrow which may materially diminish its value, then the Agency shall give written notice thereof to Developer promptly after the occurrence of the casualty. The Developer can elect to either: (i) accept the Property in its damaged condition or (ii) the Developer may terminate the Agreement and recover the Deposit as set forth in Section 2 . 02 . The Developer shall confirm the exercise of its election under subparagraph (i) or (ii) of the preceding sentence within thirty (30) days of its receipt of notice from the Agency. In the event that, prior to the Close of Escrow, any governmental entity shall commence any actions of eminent domain or similar type proceedings to take any portion of the Property, the Agency shall give prompt written notice thereof to Developer, and Developer shall have the option either: (i) to elect not to acquire the Property, terminate the Agreement and recover the Deposit as set forth in Section 2 . 02; or (ii) the Developer may complete the acquisition of the Property under this Agreement, in which case Developer shall be entitled to all the proceeds of such taking; provided however, that the Agency agrees that it shall not settle or compromise the proceedings before the Close of Escrow without the Developer' s prior written consent, which consent will not be unreasonably withheld or delayed) . The Developer shall confirm the exercise of its election under subparagraph (i) or (ii) of the preceding sentence within thirty (30) days of its receipt of notice from the Agency. SBEO/0001/DOC/3526-2 9/21/99 200 me 25 1999-263 Section 2 . 26. Sewer Service Plan, Sewer Improvement and Sewer Improvement Cost Reimbursement Agreement . (a) During the Due Diligence Period the Developer shall prepare a plan for the connection of the Property and certain other nearby Agency-Owned lands comprising approximately five (5) acres, more or less, designated by the Agency (the "Agency Lands") to the off-site public sanitary sewer system of the City (the "Sewer Service Plan") . The Developer shall pay all costs for the preparation of the Sewer Service Plan and upon its completion, the Sewer Service Plan shall be in a form and content as reasonable acceptable to the City of San Bernardino and the Agency. The Developer shall sumbit the Sewer Service Plan to the Agency for its approval at least fifteen (15) days prior to the end of the Due Diligence Period. The Agency shall approve or reject the Sewer Service Plan within the ten (10) days following its submittal by the Developer and such approval of the Sewer Service Plan, by the Agency shall not be unreasonably withheld. (b) The Developer shall be solely responsible for paying for all of the cost and expense associated with the design, construction and improvement of the off-site sanitary sewer facilities set forth in the approved Sewer Service Plan (the "Sewer Improvements") . The Sewer Service Plan shall provide for adequate discharge capacity to accommodate waste water discharges from the Property and from the Agency Land. The Sewer Improvements shall otherwise be in a form acceptable to the City ' and shall be installed by the Developer as part of. the Project, except as provided in Section 2 . 26 (e) . Upon completion of the Sewer Improvements such improvements shall be offered for dedication to the City. The final design of such Sewer improvements shall be subject to the review and approval of the Agency and such approval shall not be unreasonably withheld. Notwithstanding the foregoing provision to the contrary, "Sewer Improvements" do not include any on-site sewer improvements on either the Property or the Agency Land, except to the extent that the installation of a sewer lift station or sewer pump and vault and sewer laterals on the Property and/or the Agency Lands may be part of the Sewer Improvements as included in the Sewer Service Plan approved by the City. As part of the approval of the Sewer Improvements, the Agency shall execute such consents as may be required by the City for the inclusion of the Property and the Agency Land in a local sewer operation and maintenance district . From and after the date of completion of the installation of the Sewer Improvements, the parties hereby SBEO/0001/DOC/3526-2 9/21/99 200 me 26 1999-263 acknowledge and agree that the Property and the Agency Land shall be subject to an annual sewer operation and maintenance assessment or service charge in an amount to be determined each year by the City in accordance with applicable City sewer service rates, tariffs and other applicable law. The Agency shall provide reasonable accommodation to the Developer, including granting to the Developer a license permitting limited entry onto the Agency Land for the purpose of installing such portions of the Sewer Improvements on the Agency Land as may be called for under the Sewer Improvement Plan. (c) The parties presently estimate that the Sewer Improvement may range in cost between $50, 000 . 00 to $60, 000 . 00 . As of the review and approval of the Sewer Improvements by the Agency, the Agency shall agree to reimburse the Developer for a sum equal to forty percent (40%) of the costs incurred by the Developer for the Sewer Improvements as installed, not to exceed $24, 000. 00, including design costs and sewer maintenance and operation assessment district formation charges of the City (the "Sewer Improvement Reimbursement") . Provided the Developer has completed the installation of the Sewer Improvements and a Certificate of Completion for the Project has been issued, the Agency shall pay the Sewer Improvement Reimbursement to the Developer as follows : (i) within thirty (30) days of the sale or transfer of the Agency Lands to a third party, subject to the provisions of Section 2 . 26 (e) ; ( ii) on or before a date which is the fifth (5th) anniversary following the issuance of a Certificate of Completion for the Project . (d) Promptly upon the completion of the Project and the Sewer Improvements, the Developer shall provide the Agency with an appropriately detailed cost accounting for the Sewer Improvements as installed. (e) In the event that the Escrow may close and thereafter the Agency may sell or transfer the Agency Land to a third party prior to the date on which the Agency has issued a Certificate of Completion for the Project, the Agency may at its election cause the Sewer Improvements to be installed by the Agency or by third parties under the control and direction of the Agency by giving the Developer thirty (30) days written notice to assign the engineering and design plans for the Sewer Service Plan to the Agency. Upon its receipt of such engineering and design plans for the Sewer Service Plans, the Agency shall cause the Sewer Improvements to be installed within one hundred eighty (180) days thereafter, and upon the completion and acceptance of the offer of 5BEO/0001/DOC/3526-2 9/21/99 200 me 27 1999-263 dedication of the Sewer Improvements by the City, the Developer shall pay the Agency within thirty (30) days of request by the Agency a sum equal to sixty percent ( 60%) of the cost of installation of the Sewer Improvements (not to exceed $36, 000 . 00) . During the course of the performance of the work of installation of the Sewer Improvements by the Agency pursuant to this Section 2 . 26 (e) , the Developer shall provide reasonable accommodation to the Agency, including granting to the Agency a license permitting limited entry onto the Property for the purpose of installing such portions of the Sewer Improvements on the Property, as may be called for under the Sewer Improvement Plan. ARTICLE III DEVELOPMENT OF THE PROJECT S-ction 3 . 01 . Development of the Project by Developer. (a) Scope of Development . It is the intent of the parties that promptly following the Close of the Escrow the Developer shall redevelop the Project on the Property. The Project consists of the elements set forth in Exhibit "B" (Scope of Development) . (b) The City' s zoning ordinance and the City' s building requirements will be applicable to the use and development of the Property. The Developer acknowledges that any change in the plans for development of the Property as set forth in the Scope of Development shall be subject to the City' s zoning ordinance and building requirements . No action by the Agency or the City with reference to this Agreement or related documents shall be deemed to constitute a waiver of any City requirements which are applicable to the Property or to the Developer, any successor in interest of the Developer or any successor in interest pertaining to the Property, except by modification or variance approved by the City consistent with this Agreement . (c) The Scope of Development set forth in Exhibit "B" is hereby approved by the Agency upon its execution of this Agreement. The Project shall be developed and completed in conformance with the approved Scope of Development and any and all other plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and between the Developer and the Agency. The Agency agrees to approve preliminary and construction plans and preliminary and landscaping plans, if reasonably consistent with the approved Scope of Development. (d) The approval of the Scope of Development by the Agency hereunder shall not be binding upon the City Council or the SBEO/0001/DOC/3526-2 9/21/99 200 me 28 1999-263 Planning Commission of the City with respect to any approvals of the Project required by such other bodies . If any revisions of the Scope of Development as approved by the Agency shall be required by another government official, agency, department or bureau having jurisdiction over the development of the Property, the Developer and the Agency shall cooperate in efforts to obtain waivers of such revisions, or to obtain approvals of any such revisions which have been made by the Developer and have thereafter been approved by the Agency. The Agency shall not unreasonably withhold approval of such revisions . (e) Notwithstanding any provision to the contrary in this Agreement, the Developer agrees to accept and comply fully with any and all reasonable conditions of approval applicable to all permits and other governmental actions affecting the development of the Property and consistent with this Agreement. (f) The Developer shall cause landscaping plans in connection with development of the Property to be prepared by a licensed landscape architect . The Developer shall prepare and submit to the City for its approval, preliminary and landscaping plans for the Property which are consistent with City Code requirements . These plans shall be prepared, submitted and approved within the times respectively established therefor in the Schedule of Performance as shown on Exhibit "E" attached hereto and incorporated herein by reference and shall be consistent with the Scope of Development . (g) The Developer shall prepare and submit development plans, construction drawings and related documents for the development of the Property consistent with the Scope of Development to the City. The development plans,. construction drawings and related documents shall be in the form of drawings, plans and specifications . drawings, plans and specifications are hereby defined as those which contain sufficient detail necessary to obtain a building permit from the City. (h) During the preparation of all drawings and plans in connection with the development of the Property, the Developer shall provide to the Agency regular progress reports to advise the Agency of the status of the preparation by the Developer, and the submission to and review by the City of construction plans and related documents . The Developer shall communicate and consult with the Agency as frequently as is necessary to ensure that any such plans and related documents submitted by the Developer to the City are being processed in a timely fashion. (i) The Agency shall have the right of reasonable architectural review and approval of building exteriors and design SBEO/0001/DOC/3526-2 9/21/99 200 me 29 1999-263 of the structures to be constructed on the Property. The Agency shall also have the right to review all plans, drawings and related documents pertinent to the development of the Property in order to ensure that they are consistent with this Agreement and with the Scope of Development . (j ) The Developer shall timely submit to the City for its review and approval any and all plans, drawings and related documents pertinent to the development of the Property, as required by the City. The Agency shall cooperate with and shall assist the Developer in order for the Developer to obtain the approval of any and all development plans, construction drawings and related documents submitted by the Developer to the City consistent with this Agreement within thirty (30) calendar days following the City' s receipt of said plans . Any failure by the City to approve any of such plans or to issue necessary permits for the development of the Property within said thirty (30) calendar day period shall constitute an enforced delay hereunder, and the Schedule of Performance shall be extended by that period of time beyond said thirty (30) calendar day period in which the City approves said plans; provided, however, that in the event that the City disapproves of any of such plans, the Developer shall within thirty (30) calendar days after receipt of such disapproval revise and resubmit such plans in accordance with the City' s requirements and in such form and substance so as to obtain the City ' s approval thereof. (k) The Agency shall in good faith use its best efforts to cause the City to approve in a timely fashion any and all plans, drawings and documents submitted by the Developer which are consistent with the Scope of Development. (1) The Agency shall approve any modified or revised plans, drawings and related documents to which reference is made in this Agreement within the times established in the Schedule of Performance as long as such plans, drawings and related documents are generally consistent with the Scope of Development and any other plans which have been approved by the Agency. Upon any disapproval of plans, drawings or related documents, the Agency shall state in writing the reasons for such disapproval . The Developer, upon receipt of notice of any disapproval, shall promptly revise such disapproved portions of the plans, drawings or related documents in a manner that addresses the reasons for disapproval and reasonably meets the requirements of the Agency in order to obtain the Agency' s approval thereof. The Developer shall resubmit such revised plans, drawings and related documents to the Agency as soon as possible after its receipt of the notice of disapproval and, in any event, no later than thirty (30) calendar days thereafter. The Agency shall approve or disapprove such SBEO/0001/DOC/3526-2 9/21/99 200 me 30 1999-263 revised plans, drawings and related documents in the same manner and within the same times as provided in this Section for approval or disapproval of plans, drawings and related documents initially submitted to the Agency. (m) If the Developer desires to make any change in the construction drawings, plans and specifications and related documents after their approval by the Agency and/or the City, the Developer shall submit the proposed change in writing to the Agency and/or the City for approval . The Agency shall notify the Developer of approval or disapproval thereof in writing within thirty (30) calendar days after submission to the Agency. This thirty (30) calendar day period may be extended by mutual consent of the Developer and the Agency. Any such change shall, in any event, be deemed to be approved by the Agency unless rejected, in whole or in part, by written notice thereof submitted by the Agency to the Developer, setting forth in detail the reasons therefor,- and such rejection shall be made within said thirty (30) calendar day period unless extended as permitted herein. The Agency shall use its best efforts to cause the City to review and approve or disapprove any such change as provided in Section 3 . 01 (b) hereof. (n) The Developer, upon receipt of a notice of disapproval by the Agency and/or the City, may revise such portions of the proposed change in construction drawings, plans and specifications and related documents as are rejected and shall thereafter resubmit such revisions to the Agency and/or the City for approval in the manner provided in Section 3 . 01 (b) hereof. (o) The Developer shall have the right during the course of construction to make changes in construction of structures and "minor field changes" without seeking the approval of the Agency; provided, however, that such changes do not affect the type of use to be conducted within all or any portion of a structure. Said "minor field changes" shall be defined as those changes from the approved construction drawings, plans and specifications which have no substantial effect on the improvements and are made in order to expedite the work of construction in response to field conditions . Nothing contained in this Section shall be deemed to constitute a waiver of or change in the City ' s Building Code requirements governing such "minor field changes" or in any and all approvals by the City otherwise required for such "minor field changes . " (p) The cost of constructing the Project, including all off-site public improvements shall be borne by the Developer. (q) The Developer shall at its expense cause to be prepared, and shall pay any and all fees pertaining to the review SBEO/0001/DOC/3526-2 9/21/99 200 me 31 1999-263 and approval of the development project approvals by the City, including the cost and preparation of all required. construction, planning and other documents reasonably required by governmental bodies pertinent to the development of the Property hereunder including, but not limited to, specifications, drawings, plans, maps, permit applications, land use applications, zoning applications and design review documents . (r) The Developer shall pay for any and all costs, including but not limited to the costs of design, construction, relocation and securing of permits for utility improvements and connections, which may be required in developing the Property. The Developer shall obtain any and all necessary approvals prior to the commencement of applicable portions of said construction, and the Developer shall take reasonable precautions to ensure the safety and stability of surrounding properties during said construction. (s) The Developer shall commence the work of improvements of the Project on the Property within ninety (90) days following the Close of Escrow and thereafter shall diligently prosecute such construction to completion. All construction and development obligations and responsibilities of the Developer as related to the Project shall be initiated and completed within the times specified in the Schedule of Performance attached hereto, or within such reasonable extensions of such times as may be granted by the Agency or as otherwise provided for in this Agreement. The Developer shall substantially complete the improvements of the Project within the two hundred and seventy (270) days following the commencement of the work of improvements . The Schedule of Performance shall be subject to revision from time to time as mutually agreed upon in writing by and between the Developer and the Agency. Any and all deadlines for performance by the parties shall be extended for any times attributable to delays which are not the fault of the performing party and are caused by the other party, other than periods for review and approval or reasonable disapprovals of plans, drawings and related documents, specifications or applications for permits as provided in this Agreement . (t) During the period of construction of the Project, the Developer shall submit to the Agency written progress reports when and as reasonably requested by the Agency but in no event more frequently than every four (4) weeks . The reports shall be in such form and detail as may reasonably be required by the Agency, and shall include a reasonable number of construction photographs taken since the last such report submitted by the Developer. In addition, the Developer will attend Agency meetings when requested to do so by Agency Staff. SBEC/0001/DCC/3526-2 9/21/99 200 me 32 1999-263 (u) Prior to the commencement of any construction, the Developer shall furnish, or shall cause to be furnished, to the Agency duplicate originals or appropriate certificates of public indemnity and liability insurance in the amount of One Million Dollars ($1, 000, 000. 00) combined single limit, naming the Agency and the City as additional insureds . Said insurance shall cover comprehensive general liability including, but not limited to, contractual liability; acts of subcontractors; premises-operations; explosion, collapse and underground hazards, if applicable; broad form property damage, and personal injury including libel, slander and false arrest. In addition, the Developer shall provide to the Agency adequate proof of comprehensive automobile liability insurance covering owned, non-owned and hired vehicles, combined single limit in the amount of One Million Dollars ($1, 000, 000 . 00) each occurrence; and proof of workers ' compensation insurance. Any and all insurance policies required hereunder shall be obtained from insurance companies admitted in the State of California and rated at least B+: XII in Best ' s Insurance Guide . All said insurance policies shall provide that they may not be canceled unless the Agency and the City receive written notice of cancellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and all insurance obtained by the Developer hereunder shall be primary to any and all insurance which the Agency and/or City may otherwise carry, including self insurance, which for all purposes of this Agreement shall be separate and apart from the requirements of this Agreement . Any insurance policies governing the Property as obtained by the Agency shall not be transferred from the Agency to the Developer. Appropriate insurance means those insurance policies approved by the Agency Counsel consistent with the foregoing. Any and all insurance required hereunder shall be maintained and kept in force until the Agency has issued the Certificate of 'Completion in connection with the development of the Property. (v) The Developer for itself and its successors and assigns agrees that in the construction of the Project, the Developer will not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, creed, national origin, or ancestry. Notwithstanding the foregoing, the Developer will use best efforts to offer employment opportunities to local residents and will seek to acquire goods and services from local vendors . (w) The Developer shall carry out its construction of the Project in conformity with all applicable laws, including all applicable state labor standards and requirements . (x) The Developer shall, at its own expense, secure or shall cause to be secured, any and all permits which may be SBEO/0001/DOC/3526-2 9/21/99 200 me 33 1999-263 required for such construction, development or work by the City or any other governmental agency having jurisdiction thereof. The Agency shall cooperate in good faith with the Developer in the Developer ' s efforts to obtain from the City or any other appropriate governmental agency any and all such permits and, upon applicable to the development of the Property. (y) Officers, employees, agents or representatives of the Agency shall have the right of reasonable access to the Property, without the payment of charges or fees, during normal construction ho;.irs during the period of construction of the Project for the purpose of verifying compliance by the Developer within the terms of this Agreement . Such officers, employees, agents or representatives of the Agency shall be those persons who are so identified by the Executive Director. Any and all officers, employees, agents or representatives of the Agency who enter the Property pursuant hereto shall identify themselves at the job site office upon their entrance on to the Property and shall at all times be accompanied by a representative of the Developer while on the Property; provided, however, that the Developer shall make a representative of the Developer available for this purpose at all times during normal construction hours upon reasonable notice from the Agency. The Agency shall indemnify and hold the Developer harmless from injury, property damage or liability arising out of the exercise by the Agency and/or the City of this right of access, Other than injury, property damage or liability relating to the negligence of the Developer or its officers, agents or employees . ( z) The Agency shall inspect relevant portions of the construction site prior to issuing any written statements reflecting adversely on the Developer ' s compliance with the terms and conditions of this Agreement pertaining to development of the Property. Section 3 . 02 . [RESERVED -- NO TEXT] Section 3 . 03 . Taxes , Assessments , Encumbrances and Liens . The Developer shall pay prior to the delinquency all real property taxes and assessments assessed and levied on or against the Property subsequent to the Close of Escrow. The Developer shall not place and shall not allow to be placed on the Property any mortgage, trust deed, deed of trust, encumbrance or lien not otherwise authorized by this Agreement. The Developer shall remove, or shall have removed, any levy or attachment made on the Property, or shall assure the satisfaction thereof. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. The covenants of the Developer set forth in this Section SBEO/0001/DOC/3526-2 9/2 /99 200 me 34 1999-263 relating to the placement of any unauthorized mortgage, trust deed, deed of trust, encumbrance or lien, shall remain in effect only until the Certificate of Completion has been recorded with respect to redevelopment of the Property. Section 3 . 04 . Chancre in Ownership Management and Control of the Developer -- Assignment and Transfer. (a) Transfer as used in this Section 3 . 04 , the term "Transfer" means : ( 1) Any total or partial sale, assignment or conveyance, or any trust or power, or any transfer in any other mode or form, by the Developer of more than a 49% interest (or series of such sales, assignments and the like which in the aggregate exceed a disposition of more than a 49% interest) with respect to its interest in this Agreement, the Property, or the Project, or any part thereof or any interest therein or of the improvements constructed thereon, or any contract or agreement to do any of the same; or (2 ) Any total or partial sale, assignment, conveyance, or transfer in any other mode or form, of or with respect to any ownership interest of the Developer, in California Bio Mass, Inc . , a California corporation (or series of such sales, assignments and the like which in the aggregate exceeded a disposition of more than a 49% interest) ; or (3) Any merger, consolidation, sale or lease of all or substantially all of the assets of California Bio Mass, Inc. in the Agreement, the Property or the Project (or series of such sales, assignments and the like which in -the aggregate exceeded a disposition of more than a 49% interest) ; or (4 ) The leasing of part or all of the Property or the Project except for the lease of the Project upon its completion by the Developer to California Bio Mass, Inc . (b) This Agreement is entered into solely for the purpose of the redevelopment of the Property and the improvement of the Project and the subsequent operation and use of the Property by the Developer in accordance with the terms hereof. The Developer recognizes that the qualifications and identity of the Developer are of particular concern to the Agency, in view of: ( 1) the importance of the redevelopment of the Site to the general welfare of the community; and SBEO/0001/DOC/3526-2 9/21/99 200 me 35 1999-263 (2 ) the fact that a Transfer is for all practical purposes a transfer or disposition of the responsibilities of the Developer, as applicable, with respect to the redevelopment of the Property and the Project . The Developer further recognizes and acknowledges that it is because of the qualifications and identity of the Developer that the Agency is entering into this Agreement with the Developer, and, as a consequence, Transfers are permitted only as provided in this Agreement . (c) The limitations on a Transfer as set forth in this Section 3 . 04 shall apply until such time as a Certificate of Completion is approved by the Agency and filed for recordation as provided in Section 3 . 07 . Except as expressly permitted in this Agreement, the Developer represents and agrees that it has not made nor shall it create or suffer to be made or created, any Transfer, either voluntarily or by operation of law without the prior written approval of the Agency until such time as a Certificate of Completion has been recorded. After the date of recordation of a Certificate of Completion, certain other provisions of this Agreement shall nonetheless be applicable to subsequent conveyances of interest in the Property, or portions thereof, as provided in Article IV of this Agreement . Any Transfer made in contravention of this Section 3 . 04 shall be voidable at the election of the Agency and shall then be deemed to be a default under this Agreement . (d) The following types of a Transfer shall be permitted and approved by the Agency and are referred to herein as a "Permitted Transfer" : (1 ) Any Transfer by the Developer creating a "Security Financing Interest" in the Property which conforms to the provisions of Section 3 . 05; (2 ) Any Transfer directly resulting from the foreclosure of a Security Financing Interest created by the Developer in the Property or the granting of a deed in lieu of foreclosure of a Security Financing Interest; (3) Any Transfer of stock or equity of the Developer in California Bio Mass, Inc. , which does not change management or operational control of the Property or the Project; (4 ) Any Transfer of any interest in the Developer, irrespective of the percentage of ownership: (A) to members of the family (i . e . spouse, brother, sister, nephew, niece, parent, child and/or issue of any of the same) of the SBEO/0001/DOC/3526-2 9/21/99 200 me 36 1999-263 Developer or; (B) to a trust for the benefit of any such family member; or (C) to any affiliate of or other entity controlled by the Developer, or (D) to any other entity in which the Developer owns a controlling interest. (e) No Permitted Transfer of this Agreement or any interest in the Property or the Project, by the Developer (other than a Permitted Transfer created pursuant to a Security Financing Interest) shall be effective unless, at the time of the Permitted Transfer, the person or entity to which such Transfer is made, shall expressly assu she obligations of the Developer under this Agreement and such person also agrees to be subject to the conditions and restrictions to which the Developer is subject under this Agreement . Such. _ an assumption of obligation shall be evidenced by a written an delivered to the Agency in a recordable form which is satisfactory to the Agency. (f) Provided the particular transaction satisfies the applicable provisions of Section 3 . 04 (d) , the Developer is not required to give the Agency advance notice of such a Permitted Transfer. The Agency may, in its reasonable discretion, approve in writing any other Transfer as requested by the Developer, provided such proposed transferee can demonstrate successful and satisfactory experience in the ownership, operation, and management of an operation similar to the Project . Any such transferee for itself and its successors and assigns, and for the benefit of the Agency shall expressly assume all of the obligations of the Developer to the Agency under this Agreement . There shall be submitted to the Agency for review all instruments and other legal documents proposed to effect any such other Transfer; and the approval or disapproval of the Agency shall be provided to the Developer in writing within thirty (30) days of receipt by the Agency of Owner ' s or the Operator ' s request, and the Agency approval of a transfer and shall not be unreasonably withheld or delayed. (g) Following the issuance of a Certificate of Completion, the Developer shall be released by the Agency from any liability under this Agreement which may arise from a default of a successor in interest occurring after the date of such a Transfer; provided, however that the covenants of the Developer as set forth in Article IV of this Agreement shall run with the land for the term as provided in Article IV. Section 3 . 05 . Security Financina; Right of Holders . (a) Notwithstanding any provision of Section 3 . 04 to the contrary, mortgages, deeds of trust, or any other form of lien required for any reasonable method of financing the construction SBEO/0001/DOC/3526-2 9/21/99 200 me 37 1999-263 and improvement of the Property are permitted before the recordation of the Certificate of Completion (referred to in Section 3 . 07 of this Agreement) . The Developer shall notify the Agency in writing in advance of any mortgage, deed of trust, or other form of lien for financing if the Developer proposes to enter into the same before the recordation of any Certificate of Completion. The Developer shall not enter into any such conveyance for construction financing without the prior written approval of the Agency, which approval the Agency may grant if: (i) any such conveyance is given to a responsible financial or lending institution including, without limitation, banks, savings and loan institutions, insurance companies, real estate investment trusts, pension programs and the like, or other acceptable persons or entities for the purpose of constructing the Project on the Property. (b) The Developer shall promptly notify the Agency of any mortgage, deed of trust or other refinancing, encumbrance or lien that has been created or attached thereto prior to completion of the construction of the improvements on the Property whether by voluntary act of the Developer or otherwise; provided, however, that no notice of filing of preliminary notices or mechanic ' s liens reed be given by the Developer to the Agency prior to suit being filed to foreclose such mechanic ' s lien. (c) The words "mortgage" and "deed of trust" as used herein shall be deemed to include all other customary and appropriate modes of financing real estate construction and land development . (d) The holder of any mortgage, deed of trust or other security interest authorized by this Agreement shall° in no manner be obligated by the provisions of this Agreement to construct or complete the improvement of the Property or to guarantee such construction or completion. (e) Whenever the Agency shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in the completion of construction of the improvements, or any breach or default of any other obligations which, if not cured by the Developer, entitle the Agency to terminate this Agreement or exercise its right to re-enter the Property, or a portion thereof under Section 5 . 07, the Agency shall at the same time deliver to each holder of record of any mortgage, deed of trust or other security interest authorized by this Agreement a copy of such notice or demand. Each such holder shall (insofar as the rights of the Agency are concerned) have the right, at its option, to commence the cure or remedy of any such default and to diligently and continuously proceed with such cure or SBEO/0001/DOC/3526-2 9/21/99 200 me 38 1999-263 remedy, within one hundred twenty (120) calendar days after the receipt of the notice; and to add the cost thereof to the security interest debt and the lien of its security interest . If such default shall be a default which can only be remedied or cured by such holder upon obtaining possession, such holder shall seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default within one hundred twenty (120) calendar days after obtaining possession; provided that in the case of a default which cannot with diligence be remedied or cured, or the remedy or cure of which cannot be commenced, within such one hundred twenty (120) calendar day period, such holder shall have such additional time as is reasonably necessary to remedy or cure such default of the Developer. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the improvements (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed the Developer ' s obligations by written agreement satisfactory to the Agency. The holder in that event must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates and must submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations . Any such holder completing such improvements in accordance herewith shall be entitled, upon written request made to the Agency, to be issued Certificate of Completion by the Agency. (f) In any case where, one hundred eighty (180) calendar days after default by the Developer the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrance upon the Property or any portion thereof has not exercised the option to construct the applicable portions of the Project, or has exercised the option but has not proceeded diligently and continuously with construction, the Agency may purchase the mortgage, deed of trust or other security interest by payment to the holder of the amount of the unpaid debt, including principal, accrued and unpaid interest, late charges, costs, expenses and other amounts payable to the holder by the Developer under the loan documents between holder and the Developer. If the ownership of the Property has vested in the holder, the Agency, if may at its option but not its obligation be entitled to a conveyance from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following: (1) The unpaid mortgage, deed of trust or other security interest debt, including principal, accrued and unpaid interest, late charges, costs, expenses and other amounts payable to the holder by S3EO/0001/DOC/3526-2 9/21/99 200 me 39 1999-263 the Developer under the loan documents between the holder and the Developer, at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings . ) (2) All expenses, if any, incurred by the holder with respect to foreclosure. (3) The net expenses, if any (exclusive of general overhead) , incurred by the holder as a direct result of the subsequent ownership or management of the Property or the Property,_ such as insurance premiums and real estate taxes . (4 ) The cost of any improvements made by such holder. (5) An amount equivalent to the interest that would have accrued on the aggregate on such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by the Agency. ( 6) After expiration of the aforesaid one hundred eighty (180) calendar day period, the holder of any mortgage, deed of trust or other security affected by the option created by this Section, may demand, in writing, that the Agency act pursuant to the option granted hereby. if the Agency fails to exercise the right herein granted within sixty (60) calendar days from the date of such written demand, the Agency shall be conclusively deemed to have waived such right of purchase of the or the mortgage, deed of trust or other security interest. (g) In the event of a default or breach by the Developer of a mortgage, deed of trust or other security interest with respect to the Property (or any portion thereof) prior to the issuance of a Certificate of Completion for the Property (or any portion thereof) , and the holder has not exercised its option to complete the development, the Agency may cure the default but is under no obligation to do so prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Agency in curing the default . The Agency shall also be deemed to have a lien of the Agency as may arise under this Section 3 . 05 (g) upon the Property (or any portion thereof) to the extent of such costs and disbursements . Any such lien shall be subordinate sBEO/0001/DOC/3526-2 9/21/99 200 me 40 1999-263 and subject to mortgages, deeds of trust or other security instruments executed by the Developer for the purpose of obtaining the funds to construct and improve the Property as authorized herein. Section 3 . 06. Right of the Agency to Satisfy Other Liens on the Property after Conveyance of Title. After the conveyance of title to the Property by the Agency to the Developer and prior to the recordation of the Certificate of Completion (referred to in Section 3 . 07 of this Agreement) , and after the Developer has had a reasonable time to challenge, cure or satisfy any unauthorized liens or encumbrances on the Property, the Agency shall after one hundred twenty (120) calendar days prior written notice to the Developer have the right to satisfy any such liens or encumbrances; provided, however, that nothing in this Agreement shall require the Developer to pay or make provisions for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount thereof, and so long as such delay in payment shall not subject the Property, or any portion thereof, to forfeiture or sale . Section 3 . 07 . Certi ficat-e of ComDietlon . (a) Following the written request therefor by the Developer and the completion of construction of the Project, excluding any normal and minor building "punch-list" items to be completed by the Developer, the Agency shall furnish the Developer with a Certificate of Completion for the Property substantiated in the form set forth in Exhibit "F" attached hereto . (b) The Agency shall not unreasonably withhold the issuance of a Certificate of Completion . A Certificate of Completion shall be, and shall so state, that it is a conclusive determination of satisfactory completion of all of. After the recordation of the Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Property shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement, except that such party shall be bound by any covenants contained in the grant deed or other instrument of transfer which grant deed or other instrument of transfer shall include the provisions of Section 4 . 01 through through inclusive, of this Agreement. (c) Any Certificate of Completion shall be in such form as to permit it to be recorded in the Recorder ' s Office of the County where the Property is located. SBEO/0001/DOC/3526-2 9/21/99 200 me 41 1999-263 (d) If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall, within fifteen (15) calendar days of the written request or within three (3) calendar days after the next regular meeting of the Agency, whichever date occurs later, provide to the Developer a written statement setting forth the reasons with respect to the Agency' s refusal or failure to furnish a Certificate of Completion. The statement shall also contain the Agency' s opinion of the action the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate unavailability of specific items or materials for construction or landscaping at a price reasonably acceptable to the Developer or other minor building "punch-list" items, the Agency may issue its Certificate of Completion upon the posting of a bond or irrevocable letter of credit, reasonably approved as to form and substance by the Agency Counsel and obtained by the Developer in an amount representing a fair value of the work not yet completed as reasonably determined by the Agency. If the Agency shall have failed to provide such written statement within the foregoing period, the Developer shall be deemed conclusively and without further action of the Agency to have satisfied the requirements of this Agreement with respect to the Property as if a Certificate of Completion had been issued therefor . (e) A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage securing money loaned to finance the improvements described herein, or any part thereof. A Certificate of Completion shall not be deemed to constitute a notice of completion as referred to in Section 3093 of the California Civil Code, nor shall it act to terminate the continuing covenants or conditions subsequent contained in the Agency Grant Deed attached hereto as Exhibit "C" . ARTICLE IV USE OF THE SITE Section 4 . 01 . Uses . (a) Developer covenants and agrees for itself, its successors, and assigns that The covenant of this Section 4 . 01 (a) shall run with the land for the terms as set forth in the Agency Grant Deed. SBEO/0001/DOC/3526-2 9/21/99 200 me 42 1999-263 (b) The Developer further covenants and agrees for itself, its successors and assigns that the Property shall be improved and developed in accordance with the Scope of Development. Developer covenants to develop the Property in conformity with all applicable laws . The covenants of this Section 4 . 01 (b) shall also run with the land until the earlier date on which the Certificate of Completion is recorded or the fifth (5th) anniversary date of recordation of the Agency Grant Deed. (c) It is understood and agreed by the Developer that neither the Developer, nor its assigns or successors shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or any portion thereof to any entity or party, or for any use of the Property, that is partially or wholly exempt from the payment of real property taxes pertinent to the Property, or any portion thereof, or which would cause- the exemption of the payment of all or any portion of such real property taxes . The covenant of this Section 4 . 01 (c) shall run with the land for the term as set forth in the Agency Grant Deed. Section 4 . 02 . Maintenance of the Property. The Developer covenants and agrees for itself, its successors, and assigns to maintain the Property in a good condition free from any accumulation of debris or waste material, subject to normal construction job-site conditions, and shall maintain in a neat, orderly, healthy and good condition the landscaping required to be planted in accordance with the Scope of Development. In the event the Developer, or its successors or assigns, fails to perform the maintenance as required herein, the Agency shall have the right, but not the obligation, to enter the Property and undertake, such maintenance activities . In such event, the Developer shall reimburse the Agency for all reasonable sums incurred by it for such maintenance activities as set forth in the Agency Grant Deed. The covenant of this Section 4 . 02 shall run with the land for the term as set forth in the Agency Grant Deed. Section 4 . 03 . Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property; nor shall the Developer, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees SBEO/0001/DOC/3526-2 9/21/99 200 me 43 1999-263 of the Property. The covenant of this Section 4 . 03 shall run with the land for the term as set forth in the Agency Grant Deed. Section 4 . 04 . Form of Nondiscrimination and Nonsegregation Clauses . The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, or any part thereof, that the Developer, such successors and such assigns shall refrain from restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of the Property (or any part thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person. All deeds, leases or contracts pertaining thereto shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses : (1) In deeds : "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. " (2) In leases : "The Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions : That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, SBEO/0001/DOC/3526-2 9/21/99 200 me 44 1999-263 of tenants lessees, sublessee, subtenants, or vendees in the premises herein leased. " (3) In contracts : "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed or leased, nor shall the transferee or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the premises herein transferred. " The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other ' transferees under the instrument . The covenant of this Section 4 . 04 shall run with the land in perpetuity. ARTICLE V DEFAULTS , REMEDIES AND TERMINATION Section 5 . 01 . Defaults - General . (a) In the event that a breach or default may occur prior to the Close of Escrow, the remedies of the parties shall be as set forth in Article II of this Agreement . (b) From and after the Close of Escrow and subject to the extensions of time set forth in Section 6 . 05 hereof, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if a party otherwise in default commences to cure, correct or remedy such default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently and continuously prosecute such cure, correction or remedy to completion (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits) , such party shall not be deemed to be in default hereunder. (c) The injured party shall give written notice cf default to the party in default, specifying the default complained of by the nondefaulting party. Delay in giving such notice shall SBEO/0001/DOC/3526-2 9/21/99 200 me 45 1999-263 not constitute a waiver of any default nor shall it change the time of default . (d) Any failure or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies . Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies . Section 5 . 02 . Lecsal Actions . (a) In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any "other remedy consistent with the purposes of this Agreement . Such legal actions must be instituted in the Superior Court of the County of San Bernardino, State of California, in any other appropriate court in that Count, or in the Federal District Court in the Central District of California . (b) The laws of the State of California shall govern the interpretation and enforcement of this Agreement . (c) In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or Chair of the Agency, or in such other manner as may be provided by law. (d) In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service on tZAVe+�/ (or such other Agent for service of process and at such address as may be specified in written notice to the Agency) , or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. Section 5 . 03 . Rights and Remedies are Cumulative. Except with respect to any rights and remedies expressly declared to be exclusive in Article II of this Agreement as relates to a default or breach occurring before the Close of Escrow, the rights and remedies of the parties as set forth in this Article V following the close of Escrow are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. SBEO/0001/DOC/3526-2 9/21/99 200 me 46 1999-263 Section 5 . 04 . Damages . If either party defaults with regard to any provision of this Agreement, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the defaulting party does not diligently commence to cure such default after service of the notice of default and promptly complete the cure of such default within a reasonable time, not to exceed ninety (90) calendar days (or such shorter period as may otherwise be specified in this Agreement for default) , after the service of written notice of such a default. In the event that a default relates to a matter arising after the Close of Escrow the defaulting party shall be liable to the other party for damages caused by such default . In the event that a default relates to a matter arising before the Close of Escrow, the remedies of the parties shall be limited to the liquidated damage sums as set forth in Article II of the Agreement. Section 5 . 05 . Specific Performance Prior to close of Escrow. Prior to the Close of Escrow neither party shall have or assert the equitable remedy of specific performance in the event of a default or breach, and the remedies of the parties with respect to such a breach or default prior to the Close of Escrow shall be limited to the termination rights and liquidated damage amounts or as set forth in Article II of this Agreement . Prior and after the Close o= Escrow if either party defaults under any of the provisions of this Agreement, the nondefaulting party shall serve written notice of such default upon such defaulting party. If the defaulting party does not commence to cure the default and diligently and continuously proceed with such cure within thirty (30) calendar days after service of the notice of default, and such default is not cured within a reasonable time thereafter (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits) , the nondefaulting party, at its option, may institute an action for specific performance of the terms of this Agreement, except as otherwise provided in Section 5 . 04 hereof. Section. 5 . 06 . Aaencv Rights of Termination Following Close of Escrow. (a) Subject to written notice of default which shall specify the Developer' s default and the action required to commence cure of same and upon thirty (30) calendar days notice to the Developer of the Agency' s intent to terminate this Agreement pursuant to this Section, the Agency at its option may terminate this Agreement if the Developer in breach of this Agreement assigns or attempts to assign this Agreement, or any right therein, or attempts to make any total or partial sale, lease or leaseback, transfer or conveyance of the whole or any part of the Property or the improvements to be developed thereon in violation of the terms SBEO/0001/DOC/3526-2 9/21/99 200 me 47 1999-263 of this Agreement, and the Developer does not correct such violation within thirty (30) calendar days from the date of receipt of such notice . (b) Subject to written notice of default, which shall specify the Developer' s default and the action required to commence cure of same and upon thirty (30) calendar days notice to the Developer of the Agency' s intent to terminate this Agreement pursuant to this Section, the Agency at its option may terminate this Agreement if the Developer: (a) does not within the time limits set forth in this Agreement or as specifically provided in the Schedule of Performance, subject to extensions authorized by this Agreement due to force majeure or otherwise, submit development plans, construction drawings and related documents acceptable to the Planning Department and Building Division of the City for plan check purposes and in order to obtain building permits for the Project, together with applicable fees therefor, all prepared to the minimum acceptable standards as required by the Planning Department and Building Division of the City for commencement of formal review of such documents and as required by this Agreement, or (b) does not carry out its other responsibilities under this Agreement or in accordance with any modification or variance, precise plan, design review and other environmental or governmental approvals and such default is not cured or the Developer does not commence and diligently and continuously proceed with such cure within thirty (30) calendar days after the date of receipt of written demand therefor from the Agency. (c) Subject to written notice of default which shall specify the Developer ' s default and the action required to commence cure of same and upon thirty (30) calendar days notice to the Developer of the Agency' s intent to terminate this Agreement pursuant to this Section, the Agency at its option may terminate this Agreement if upon satisfaction of all conditions precedent and concurrent therefor under this Agreement, the Developer does not take title to the Property under tender of conveyance by the Agency, and such breach is not cured within thirty (30) calendar days after the date of receipt by the Developer of written demand therefor from the Agency. Section 5 . 07 . Right to Reenter, Reoossess and Revest . (a) The Agency shall, upon thirty (30) calendar days notice to the Developer which notice shall specify this Section 5 . 07, have the right, at its option, to re-enter and take possession of all or any portion of the Property, together with all improvements thereon, and to terminate and revest in the Agency the SBEO/0001/DOC/3526-2 9/21/99 200 me 48 1999-263 estate conveyed to the Developer hereunder, if after conveyance of title, the Developer (or its successors in interest) shall : (1) Fail to commence construction of all or any portion of the improvements as required by this Agreement for a period of ninety (90) calendar days after written notice to proceed from the Agency; provided that the Developer shall not have obtained an extension or postponement to which the Developer may be entitled pursuant to Section 6. 05 hereof; or (2) Abandon or substantially suspend construction of all or any portion of the improvements for a period of ninety ( 90) calendar days after written notice of such abandonment or suspension from the Agency; provided that the Developer shall not have obtained an extension or postponement to which the Developer may be entitled to pursuant to Section 6 . 05 hereof; or (3) Assign or attempt to assign this Agreement, or any rights herein, or transfer, or suffer any involuntary transfer, of the Property or any part thereof, in violation of this Agreement, and such violation shall not have been cured within thirty (30 ) calendar days after the date of receipt of written notice thereof from the Agency to the Developer. (b) The thirty (30) calendar day written notice specified in this Section shall specify that the Agency proposes to take action pursuant to this Section and shall specify which of the Developer ' s obligations set forth in Subsections (1) through (3) herein have been breached. The Agency shall proceed with its remedy set forth herein only in the event that the Developer continues in default of said obligation (s) for a period of thirty (30) calendar days following such notice or, upon commencing to cure such default, fails to diligently and continuously prosecute said cure to satisfactory conclusion. (c) The right of the Agency to reenter, repossess, terminate, and revest shall be subject and subordinate to, shall be limited by and shall not defeat, render invalid or limit : (1) Any mortgage, deed of trust or other security interest permitted by this Agreement; (2 ) Any rights or interests provided in this Agreement for the protection of the holders of such SBEO/0001/DOC/3526-2 9/21/99 200 me 49 1999-263 mortgages, deeds of trust or other security interests; (3) Any leases, declarations of covenants, conditions and restrictions, easement agreements or other recorded documents applicable to the Property. (d) The grant deed to the Property or to any portion thereof conveyed by the Developer to another party shall contain appropriate references and provisions to give effect to the Agency' s right, as set forth in this Section under specified circumstances prior to the recordation of a Certificate of Completion with respect to such portion, to reenter and take possession of such portion, or any part thereof, with all improvements thereon, and to terminate and revest in the Agency the estate conveyed to the Developer. (e) Upon the revesting in the Agency of title to the Property, or any part thereof, as provided in this Section, the Agency shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property, or any part thereof, at fair market value as soon and in such manner as the Agency shall find feasible and consistent with the objectives of such law, to a qualified and responsible party or parties (as determined by the Agency) who will assume the obligations of making or completing the improvements, or such other improvements in their stead as shall be satisfactory to the Agency and in accordance with the uses specified for the Property, or any part thereof. Upon such resale of the Property, or any part thereof, the proceeds thereof shall be applied: (1) First, to make any payment made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations incurred with respect to the making or completion of the agreed improvements or any part thereof on the Property or any portion thereof; next to reimburse the Agency on its own behalf or on behalf of the City for all actual costs and expenses incurred by the Agency and the City, including but not limited to customary and reasonable fees or salaries to third party personnel engaged in such action (but excluding the Agency' s or the City' s general overhead expense) , in connection with the recapture, management and resale of the Property or any portion thereof; all taxes, assessments and water and sewer charges paid by the City and/or the Agency with respect to the Property or any portion thereof; any amounts SBEO/0001/DOC/3526-2 9/21/99 200 me 50 1999-263 otherwise owing to the Agency by the Developer and its successor transferee; and (2) Second, to the extent that any and all funds which are proceeds from such resale are thereafter available, to reimburse the Developer, or its successor transferee, up to the amount equal to the sum of: (1) the Purchase Price paid by the Developer for the Property (or allocable to the applicable part thereof) ; and (2) the costs incurred for the development of the Property, or applicable part thereof, or for the construction of the improvements thereon including, but not limited to, costs of carry, taxes and items set forth in the Developer ' s cost statement which shall be submitted to and approved by the Agency. (3) Any balance remaining after the foregoing application of proceeds shall be retained by the • Agency. ARTICLE VI GENERAL PROVISIONS Section 6 . 01 . Notices , Demands and C^=uni cations Between the Parties . (a) Any and all notices, demands or communications submitted by any party to another party pursuant to or as required by this Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the principal office of the Agency and the Developer, as ap-plicable, as designated in Section 1 . 04 (a) and Section 1 . 04 (b) hereof . Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, or two (2) calendar days after it is placed in the United States mail as heretofore provided. (b) In addition to the submission of notices, demands or communications to the parties as set forth above, copies of all notices shall also be delivered by facsimile as follows : to the Developer: California Bio-Mass SBEO/0001/DOC/3326-2 9/21/99 200 me 51 1999-263 Attention: David L. Hardy 10397 Alder Avenue Bloomington, California 92316 ( 909) 875-6441 with copy to: Gresham, Savage, Nolan & Tilden Attention: James E. Good 600 North Arrowhead Avenue, Suite 300 San Bernardino, California 92401 ( 909) 884-2171 the Agency: Redevelopment Agency of the City of. San Bernardino 201 North "E" Street Suite 301 San Bernardino, California 92401 FAX: (909) 384-5135 with copy. to: Sabo & Green, A Professional Corporation 201 North "E" Street Suite 300 San Bernardino, California 92401 FAX: ( 909) 383-9378 Section 6 . 02 . Conflict of Interest . No member, Official or employee of the Agency having any conflict of interest, direct or indirect, related to this Agreement and the development of the Property shall participate in any decision relating to the Agreement . The parties represent and warrant that they do not have knowledge of any such conflict of interest . Section 6 . 03 . Warranty Aaainst Payment of Consideration for Agreement . The Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement . Third parties, for the purposes of this Section, shall not include persons to whom fees are paid for professional services if rendered by attorneys, financial consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Developer. Section 6 . 04 . Nonliability of Aaencv Officials and Emolovees . No member, official or employee of the Agency shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Developer or to its successor, or on any obligations under the terms of this Agreement, except for SBEO/0001/DOC/3526-2 9/21/99 200 me 52 1999-263 gross negligence or willful acts of such member, officer or employee . Section 6 . 05 . Enforced Delay: Extension of Time of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity (provided that acts or failure to act of the City or Agency shall not extend the time for the Agency to act hereunder except for delays associated with lawsuit or injunction including but without limitation to lawsuits pertaining to the approval of the Agreement, and the like) . An extension of time for any such force majeure cause shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided however, that the party which claims the existence of the delay has first provided the other party with written notice of the occurrence of the delay within ten (10) days of the commencement of such occurrence of delay. The inability of the Developer to obtain a satisfactory commitment from a construction lender for the improvement of the Property or to satisfy any other condition of this Agreement relating to the redevelopment of the Property shall not be deemed to be a force majeure event or otherwise provide grounds for the assertion of the existence of a delay under this Section 6 . 05 . The parties hereto expressly acknowledge and agree that charges in either general economic conditions or changes in the economic assumptions of any of them which may have provided a basis for entering into this Agreement and which occur at any time after the execution of this Agreement, are not force majeure events and do not provide any party with grounds for asserting the existence of a delay in the performance of any covenant or undertaking which may arise under this Agreement. Each party expressly assumes the risk that changes in general economic conditions or changes in such economic assumptions relating to the terms and covenants of this Agreement could impose an inconvenience or hardship on the continued performance of such party under this Agreement, but that such inconvenience or hardship is not a force majeure event and does not excuse the performance by such party of its obligations under this Agreement . SBEO/0001/DOC/3526-2 9/21/99 200 me 53 1999-263 Section 6 . 06 . Inspection of Books and Records . The Agency shall have the right at all reasonable times at the Agency' s cost and expense to inspect the books and records of the Developer pertaining to the Property and/or the development thereof as necessary for the Agency, in its reasonable discretion, to enforce its rights under this Agreement . Matters discovered by the Agency shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of the Agency hereunder. The Developer shall also have the right at all reasonable times to inspect the books and records of the Agency pertaining to the Property and/or the development thereof as pertinent to the purposes of this Agreement . Section 6 . 07 . Approvals . (a) Approvals required of the Agency or the Developer, or any officers, agents or employees of either the Agency or the Developer, shall not be unreasonably withheld and approval or disapproval shall be given within the time set forth in the Schedule of Performance or, if no time is given, within a reasonable time . (b) The Executive Director of the Agency is authorized to sign on his or her own authority amendments to this Agreement which are of routine or technical nature, including minor adjustments to the Schedule of Performance . Section 6 . 08 . Real Estate Commissions . The Agency shall not be liable for any other real estate commissions, brokerage fees or finder fees which may arise from or related to this Agreement . Section 6 . 09 . Indemnification. The Developer agrees to indemnify and hold the City and the Agency, and their officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any act or omission of the Developer in performing its obligations hereunder . The Agency agrees to indemnify and hold the Developer and its officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any act or omission of the Agency in performing its obligations hereunder. Section 6 . 10 . Release of Developer from Liability. Notwithstanding any provision herein to the contrary, the Developer shall be relieved of any and all liability for the obligations of the Developer hereunder with regard to any Property when a Certificate of Completion has been issued by the Agency hereunder with respect thereto, other than any covenants and obligations SBEO/0001/0=3526-2 9/21/99 200 me 54 1999-263 provided by the grant deed by which the Property are conveyed to the Developer hereunder . Section 6 . 11 . Attorneys ' Fees . If either party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, seeks the resolution of disputes pursuant to Section 6 . 12 hereof, or is made a party to any action or proceeding brought by the Escrow Agent, then as between the Developer and the Agency, the prevailing party shall be entitled to recover as an element of its costs of suit or resolution of disputes pursuant to Section 6. 12 hereof, and not as damages, its reasonable attorneys ' fees as fixed by the Court or other forum for resolution of disputes as set forth in Section 6 . 12 hereof, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys ' fees . The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement shall be considered as "attorneys ' fees" for purposes of this Section. Section 6 . 12 . Effect . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns . ARTICLE VII ENTIRE AGREEMENT, WAIVERS AND AMENDMENT Section 7 . 01 . Entire Agreement . (a) This Agreement shall be executed in four (4) duplicate originals each of which is deemed to be an original . This Agreement includes pages and attachments, which constitute the entire understanding and Agreement of the parties . (b) This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any portion of the Property and the development thereof . (c) None of the terms, covenants, agreements or conditions set forth in this Agreement shall be deemed to be merged with the grant deed conveying title to the Property, and this Agreement shall continue in full force and effect before and after such conveyance until issuance of the Certificate of Completion. (d) All waivers of the provisions of this Agreement and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Developer . SBEO/0001/DOC/3526-2 9/21/99 200 me 55 1999-263 ARTICLE VIII TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY AND RECORDATION Section 8 . 01 . Execution and Recordation. (a) Following its execution by the Developer and prompt delivery thereafter to the Agency, this Agreement shall be subject to the review and approval by the governing board of the Agency in its sole and absolute discretion within forty-five (45) calendar days after the date of signature by the Developer. In the event that the Agency has not approved, executed and delivered the Agreement to the Developer within the foregoing period, then no provision of this Agreement shall be of any force or effect for any purpose . The date of this Agreement shall be the date when the Agreement shall have been approved by the Agency. (b) The Developer and the Agency agree to permit recordation of this Agreement, or a notice of agreement in customary form, concurrently upon the Close of Escrow in the Office of the County Recorder for the County where the Property is located. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below. AGENCY Redevelopment Agency of the City f San Bernardino Date By: v i h Valles Ch it f the omrnunity D oome CCi=4. ssion Date : BY: n a4r a Osdel E ecutive Direc or AP 4 PRO ED AS TO FORM: i 1 Agency Counsel SBEO/0001/DOC/3526-2 9/21/99 200 me 56 1999-263 DEVELOPER David L. Hardy and Michael J. Hardy, as tenants in common, doing business as California Bic, Mass, Inc. , a California corporation Date : i B David L. Tiardy Date : 9��4^5'g By ichae Hardy [All Signatures Must Be Notarized] SBEO/0001/DOC/3526-2 9/21/99 200 me 57 1999-263 STATE OF CALIFORNIA ) ss COUNTY OFS&t-, On 1999, before me, the undersigned, a Notary Publ ' in and for said State, personally appeared I V-A' , p wn me (or proved to me on the basis of satisfactory evidence) to be the Executive Director of the Redevelopment Agency of the City of San Bernardino that executed the within instrument on behalf of said Agency and acknowledged to me that said instrument was authorized to be executed pursuant to a duly adopted resolution of said Agency. WITNESS my hand and official seal . r Signature : MARSHA L.FRAM Commission# 1226964 z Notary rubric-Calm ar io San 8emordino County q r My Corr*-,.-mies Jun 29.2003 SBEO/0001/DOC/3526-2 9/21/99 200 me 58 1999-263 STATE OF CALIFORNIA ) ) ss COUNTY OFann&;a�.�1;}.O On q a`1 , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared DO-131 d• L-• (or proved to me on the basis of satisf ctory evidence) to be the General Partner that executed the within instrument on behalf of California Bio Mass, Inc. WITNESS my hand and official seal . Signature : MARSHA L FRAZIBt Commission# 1226964 i Notc ry Public-CoOtTr is ' San Bemordlno County My Comm.Evhm Jun 29,2N3 59 1999-263 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY SBEO/0001/DOC/3526-2 9/21/99 200 me EXh. "A" - 1 1999-263 EXHIBIT "B" DESCRIPTION OF PROJECT AND SCOPE OF DEVELOPMENT [THIS EXHIBIT TO BE COMPLETED BY DEVELOPER AND AGENCY STAFF. ] SBEO/0001/DOC/3526-2 9/21/99 200 me Exh. °B° - 2 1999-263 EXHIBIT "C" (A) FORM OF PROMISSORY NOTE SECURED BY A DEED OF TRUST (B) FORM OF DEED OF TRUST AND ASSIGNMENT OF RENTS SBEO/0001/DOC/3526-2 9/21/99 200 me Exh. "C" - 1 1999-263 PROMISSORY NOTE PAYABLE TO A PUBLIC AGENCY MAKER: HOLDER: David L. Hardy and Redevelopment Agency of the Michael J. Hardy City of San Bernardino 201 North "E" Street Suite 301 San Bernardino, California 92401 Principal Amount : Date of Promissory Note : $265, 575 . 00 , 1999 [TO BE INSERTED BY ESCROW HOLDER ON DATE OF CLOSE OF ESCROW] Interest Rate: California Local Agency Invested Fund rate of interest announced five (5) business days preceding close of Escrow, plus 100 basis points PROMISE TO PAY. David L. Hardy and Michael J. Hardy, jointly and severally (the "MAKER") promises to pay to the Redevelopment Agency of the City of San Bernardino (the "Agency") or order, in lawful money of the United States of America, the principal amount of TWO HUNDRED SIXTY FIVE THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($265, 575 . 00) plus interest thereon as provided herein. INDEBTEDNESS AND MATURITY DATE . This Promissory Note evidences the indebtedness of the MAKER to the Agency in the original principal amount of $265, 575 . 00, under the terms and conditions of the 1999, Disposition and Development Agreement, dated as of September 1999 by and between the MAKER and the Agency. The Promissory Note shall mature and the outstanding principal balance shall be payable on the last day of the eighteenth (18th) month following its date (i.e . : , 2001) . A copy of the 1999 Disposition and Development Agreement is on file with the Agency Secretary as a public record of the Agency. INTEREST RATE: Interest shall accrue on the outstanding principal balance of this Promissory Note from its date at a rate per annum of percent (_°�) . [To be inserted by Escrow Holder] The rate SBEO/0001/DOC/3528-2 9/21/99 200 me 1 1999-263 of interest payable shall be determined based upon the referenced rate of interest described in Section 2 .02 (b) (i) (B) of the 1999 Disposition and Development Agreement as announced by the Office of State Treasurer five (5) business days preceding the Close of Escrow which close of escrow date shall also be the date of this Promissory Note . PAYMENTS PRIOR TO MATURITY. The MAKER may prepay any portion or all of outstanding principal balance and accrued and unpaid interest under this Promissory Note at any time prior to maturity without penalty. However, unless a default has occurred, no payments of principal or interest shall be payable prior to the maturity date (e .g. , . 2001) . MAKER will tender all payments to the Agency at : 201 North "E" Street, Suite 301, San Bernardino, California 92401 or at such other place as the Agency may designate in writing. Unless otherwise agreed to by the Agency in writing or required by applicable law, all payments will be applied first to any unpaid collection costs and any late charges, then to any unpaid interest, and any remaining amount to principal . DEFAULT. MAKER will be in default if any of the following happen: (a) MAKER fails to make any payment within ten (10) days of the date due; or (b) MAKER fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Promissory Note or the Deed of Trust and Assignment of Rents of even date herewith securing this Promissory Note and any applicable cure period has expired. If any default (other than a default in payment on this Promissory Note) is curable, the default may be cured (and in such event no default will be deemed to have occurred) if MAKER, after receivinc written notice from the Agency demanding cure of such default : (i) cures the default within thirty (30) days; or (ii) if the cure requires more than thirty (30) days, initiates steps to cure the default within said thirty (30) days, and thereafter MAKER continues and completes all reasonable and necessary steps SBEO/0001/DOC/3528-2 9/21/99 200 me 2 1999-263 sufficient to produce compliance as soon as reasonably practical . INTEREST ACCRUES ON OUTSTANDING PRINCIPAL BALANCE UPON DEFAULT AT A DEFAULT RATE. Upon default, interest shall accrue on the outstanding principal balance of this Promissory Note at a rate of interest per annum of eight percent (8s) . RIGHTS OF THE AGENCY. Upon default, the Agency may exercise any of its rights provided in this Promissory Note or in the Deed of Trust and Assignment of Rents of even date hereunder, including without limitation, the declaration by the Agency that the entire unpaid principal balance on this Promissory Note and all accrued unpaid interest is immediately due, without further notice, and then MAKER will pay that amount. The Agency may hire or pay a third party to help collect this Promissory Note if MAKER does not pay. MAKER also will pay the Agency that amount . This includes, subject to any limits under applicable law, the Agency' s attorneys' fees and the .Agency' s legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction) , appeals, and any anticipated post- judgment collection service costs . MAKER also will pay any court costs, in addition to all other sums provided by law. This Promissory Note has been delivered to the Agency and accepted by the Agency in the State of California. If there is a lawsuit arising under this Promissory Note, the Superior Court of San Bernardino County, the State of California, shall have jurisdiction of such lawsuit . This Promissory Note shall be governed by and construed in accordance with the laws of the State of California. COLLATERAL. MAKER acknowledges that this Promissory Note is secured by a Deed of Trust and Assignment of Rents of even date herewith. The Deed of Trust and Assignment of Rents affects certain real property in the City of San Bernardino, California as more specifically described in Exhibit "A" to the 1999 Disposition and Development Agreement. The Deed of Trust and Assignment of Rents contains the following due on sale provision: "THE AGENCY MAY, AT IS OPTION, DECLARE IMMEDIATELY DUE AND PAYABLE ALL SUMS SECURED BY THIS DEED OF TRUST UPON THE SALE OR TRANSFER OF ALL OR ANY PART OF THE PROPERTY, OR ANY INTEREST THEREIN. SBE0/0001/00C/3528-2 9/21/99 200 me 3 _ 1999-263 The words "sale or transfer" as used herein mean the conveyance by Trustor of the Property or any right, title or interest therein, whether legal, beneficial, or equitable; whether voluntary or involuntary, whether by sale, deed, installment sale contract, land contract, lease option contract, or by sale assignment, or transfer of any beneficial interest in the Property to any land trust. Initials of Trustcr" GENERAL PROVISIONS . The Agency may delay or forego enforcing any of its rights or remedies under this Promissory Note without losing them. To the extent allowed by law, the MAKER waives any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Promissory Note, and unless otherwise expressly stated in writing, no party who signs this Promissory Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that the Agency may renew or extend (repeatedly and for any length of time) this Promissory Note, or release any party, or guarantor or collateral; or impair, fail to realize upon or perfect the security interest of the Agency in the collateral; and take any other action deemed necessary by the Agency in its sole discretion without the consent of or notice to anyone. All such parties also agree that the Agency may modify this Promissory Note without the consent of or notice to anyone other than the MAKER. ASSIGNMENT OF PROMISSORY NOTE BY AGENCY. The Agency may assign its interest in this Promissory Note (and the Deed of Trust and Assignment of Rents of even date herewith) to a third party at any time prior to the maturity of this Promissory Note . PRIOR TO SIGNING THIS PROMISSORY NOTE, MAKER HAS READ AND UNDERSTANDS ALL OF ITS PROVISIONS . MAKER AGREES TO THE TERMS OF THIS PROMISSORY NOTE AND ACKNOWLEDGES RECEIPT OF A COPY HEREOF. MAKER: David L. Hardy and Michael J. Hardy, jointly and severally r David L . Hardy Michael J. Hardy SBEC/0001/DCC/3528-2 9/21/99 200 me 4 1999-263 RECORDATION .REQUESTED BY AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 201 North "E" Street Suite 301 San Bernardino, California 92401 Attention: Executive Director Space Above This Line is For Recorder's Use Only DEED OF TRUST AND ASSIGNI,—MNT OF RENTS (CALIFORNIA BIO MASS, INC . ) THIS DEED OF TRUST AND ASSIGNMENT OF RENTS (the "Deed of Trust") is dated, , 1999, among David L. Hardy and Michael J. Hardy, tenants in common, jointly and severally (the "Trustor") , whose address is , California and the Redevelopment Agency of the City of San Bernardino (referred to herein as the "Lender" or "Beneficiary") , whose address is 201 North "E" Street, Suite 301, San Bernardino, California 92401; and First American Title Insurance Company, a California corporation ( the "Trustee") , whose address is San Bernardino, California 1 . 0 CONVEYANCE AND GRANT. For valuable consideration, Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, for the benefit of Lender as Beneficiary, all of Trustor' s right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances and all other rights, royalties, and profits relating to the real property, including and without limitation all minerals, oil, gas, geothermal and similar matters located in the City of San Bernardino, San Bernardino County, State of California (the "Property") : SEE EXHIBIT "A" LEGAL DESCRIPTION ATTACHED HERETO SBEO/0001/DOC/3529-2 9/21/99 230 me 1 1999-263 Trustor presently assigns to the Lender all of Trustor' s right, title and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants Lender a Uniform Commercial Code security interest in the Rents and the Personal Property defined below. 2 . 0 DEFINITIONS . The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code . All references to dollar amounts shall mean amounts in lawful money of the United States of America : Beneficiary. The word "Beneficiary" means the Redevelopment Agency of the City of San Bernardino. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust and Assignment of Rents among Trustor, Lender, and Trustee, •and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents . Disposition and Development Agreement. The words Disposition and Development Agreement" refer to that certain Purchase and Sale Agreement and Escrow Instructions, dated as of September 1999, by and between the Trustor and the Beneficiary. Improvements . The word "Improvements" means and includes without limitation all existing improvements on the Property. Indebtedness . The word "Indebtedness" means all principal and, if applicable, interest payable under the Promissory Note and any amounts expended or advanced by Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under the Promissory Note and this Deed of Trust, together with interest on such amounts . This Deed of Trust secures, in addition to the amounts specified in the Promissory Note any future advances, together with all interest thereon, which future advances the Lender may in its sole and absolute discretion make so long as ' Trustor complies with all the terms and conditions of the Promissory Note or other loan agreement . a Lender. The word "Lender" means Redevelopment Agency of the City of San Bernardino . SBEO/0001/DOC/3529-2 9/21/99 230 me 2 1999-263 Personal Property. The words "Personal Property" means all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Property together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property, and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Promissory Note. The words "Promissory Note" mean the Promissory Note of even date herewith, in the principal amount of TWO HUNDRED SIXTY FIVE THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($265, 575 . 00) from Trustor to the Lender, together with all renewals, extensions, modifications, refinancing, and substitutions for the Promissory Note. Property. The word "Property" means collectively the Property and the Personal Property, and the rights described above in the "Conveyance and Grant" section of the Deed of Trust . Rents . The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means First American Title Insurance Company, and any substitute or successor trustees . Trustor. The word "Trustor" means David L. Hardy and Michael J. Hardy, jointly and severally. 3 . 0 THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE ( 1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF TRUSTOR UNDER THE PROMISSORY NOTE AND THIS DEED OF TRUST. THE PROMISSORY NOTE AND THIS DEED OF TRUST ARE GIVEN AND ACCEPTED ON THE FOLLOWING TERMS : 3 . 1 PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor ' s obligations under the Promissory Note, this Deed of Trust, and the Disposition and Development Agreement . 3.2 POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor ' s possession and use of the Property shall be governed by the following provisions : SBEO/0001/DOC/3529-2 9/21/99 230 me 3 1999-263 Possession and Use. Until the occurrence of an Event of Default, Trustor may (a) remain in possession and control of the Property, (b) use, operate or manage the Property for any purpose authorized by the Disposition and Development Agreement. Duty to Maintain. Trustor shall maintain the Property; provided however, that the Trustor may construct any improvement or structure thereon at any time, without further notice to the Lender. Hazardous Substances . The terms "hazardous wastes, " "hazardous substance, " "disposal, " "release, " and "threatened release, " as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S .C. Section 9601, et sea. ("CERCLA") , the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA") , the Hazardous Materials Transportation Act. 49 U.S .C . Section 1801, et sec. , the Resource Conservation and Recovery Act, 49 U. S .C. Section 6901, e_ sea. , Chapters 6 .5 through 7 .7 of Division 20 of the California Health and Safety Code, Section 25100, Pt sea. , or other applicable state or Federal lags, rules, or regulations adopted pursuant to any of the foregoing. Trustor represents and warrants to Lender that neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Property. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests and Lender may deed appropriate to determine compliance with this section of the Deed of Trust . Any inspections or tests made by Lender shall be for Lender' s purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. Lender' s Right to Enter. Lender and its agents and representatives may enter upon the Property at all reasonable times to attend to Lender' s interests and to inspect the Property for purposes of Trustor' s compliance with the terms and conditions of this Deed of Trust . Compliance with Governmental Requirements . Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, SBEO/0001/DOC/3529-2 9/21/99 230 me 4 1999-263 including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender' s sole opinion, Lender' s interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender' s interest. Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. 3 . 3 DUE ON SALE AND PARTIAL RELEASE AND RECONVEYANCE. THE BENEFICIARY MAY, AT IS OPTION, DECLARE IMMEDIATELY D-UE AND PAYABLE ALL SUMS SECURED BY THIS DEED OF TRUST UPON THE SALE OR TRANSFER OF ALL OR ANY PART OF THE PROPERTY, OR ANY INTEREST THEREIN. The words "sale or transfer" as used herein mean the conveyance by Trustor of the Property or any right, title or interest therein, whether legal, beneficial, or equitable; whether voluntary or involuntary, whether by sale, deed, installment sale contract, land contract, lease option contract, or by sale assignment, or transfer of any beneficial interest in the Property to any land trust . Initials of Trustor" 3 . 4 TAXES AND LIENS . The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust : Payment. To the extent that the Trustor may not be exempt from the payment of taxes or liens as a local public agency, Trustor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer) , fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of property taxes and assessments not due. Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender' s interest in the Property is not jeopardized. If a lien arises or is filed as SBEO/0001/DOC/3529-2 9/21/99 230 me 5 1999-263 a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notices of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an mount sufficient to discharge the lien plus any costs and attorneys ' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings . Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. 3 . 5 [Reserved -- No Text] 3 . 6 EXPENDITURES BY LENDER. If Trustor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender' s interests in the Property, Lender on Trustor' s behalf may, but shall not be required to, take any action that Lender deems appropriate . Any amount that Lender expends in so doing will bear interest at a rate of interest per annum of eight percent (8%) from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses, with interest thereon will, at Lender' s option: (a) be payable on demand; or (b) be added to the balance of the Promissory Note and be payable with any partial release installment payments to become due during .the remaining term of the Promissory Note; or (c) be treated as a balloon payment which will be due and payable at the Promissory Note ' s maturity. This Deed of Trust also will secure payment of these amounts . The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default . Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. 3 . 7 WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust : SBEC/0001/DCC/3529-2 9/21/99 230 me 6 1999-263 Title. Trustor warrants that Trustor has the full right , power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Trustor warrants and will forever defend its title to the Property against the claims of all persons subject to the matters disclosed in the policy of title insurance of even date herewith, issued in favor of the Trustor pursuant to the Disposition and Development Agreement. In the event any action or proceeding is commenced that questions Trustor' s title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor' s expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender 's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance with Laws . Trustor warrants that the Property and Trustor ' s use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities . 3 . e CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust : Application of Net Proceeds . If all or any part of the Property is condemned by eminent domain proceedings or by an proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys ' fees, Trustee or Lender in connection with the condemnation. Proceedings . If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. SBEO/0001/CCC/3529-2 9/21/99 230 me 7 1999-263 3 . 9 IMPOSITION OF TADS, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust : Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender' s lien and security interest on the Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust . Taxes . The following shall constitute taxes to which this section applies : (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed •of Trust; (b) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Promissory Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes . If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default (as defined below) , and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. 3 . 10 [Reserved -- No Text] a 3 . 11 FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances . At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender ' s designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at SBEO/0001/COC/3529-2 9/21/99 230 me $ 7 1999-263 such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Trustor under the Promissory Note, this Deed of Trust, and (b) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or agreed to the contrary by Lender in writing, Trustor shall reimburse Lender for all costs and expenses incurred in, connection with the matters referred to in this paragraph. Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor' s expense . For such purposes, , Trustor hereby irrevocably appoints Lender as Trustor' s attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender ' s sole opinion, to accomplish the matters referred to in the preceding paragraph. 4 . 0 FULL PERFORMANCE AND RECONVEYANCE. If Trustor pays the Promissory Note and all amounts as may become due under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance of this Deed of Trust and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender' s security interest in the Rents and Personal Property. Lender may charge Trustor a reasonable reconveyance fee at the time of reconveyance . 5 . 0 DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Deed of Trust : Default on Pavments Due Under the Promissory Note. Failure of Trustor to make any payment when due under the Promissory Note. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust or the Promissory Note . Breaches . Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust, the Promissory Note or the Disposition, and SBEO/0001/DOC/3529-2 9/21/99 230 me 9 1999-263 Development Agreement is, or at the time made or furnished was, false in any material respect. Insolvency. The insolvency of Trustor, appointment of a receiver for any part of Trustor' s property, any assignment for the benefit of creditors, the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor, or the dissolution or termination of Trustor' s existence as a going business (if Trustor is a business) . Foreclosure, etc. Commencement of foreclosure, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Trustor against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. 5 . 1 RIGHTS AND REMEDIES UPON EVENT OF DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more the following rights and remedies, in addition to any other rights or remedies provided by law: Foreclosure by Sale. Upon an Evert of Default under this Deed of Trust, Beneficiary may declare the entire indebtedness secured by this Deed of Trust immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Promissory Note, other documents requested by Trustee, and all documents evidencing expenditures secured hereby. After the lapse of such time may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law. Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale . Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time filed by the preceding postponement in accordance with applicable law. Trustee shall deliver to such purchaser its deed conveying the SBEO/0001/DOC/3529-2 9/21/99 230 me 10 1999-263 Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary may purchase at such sale . After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale. Trustee shall apply the proceeds of sale to payment of; all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. Judicial Foreclosure. With respect to all or any part of the Property, Lender shall have the right in lieu of foreclosure by power of sale to foreclose by judicial foreclosure in accordance with and to the full extent provided by California law. Collect Rents . Lender shall have the right, without notice to Trustor, to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender' s costs, against the indebtedness . In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustor ' s attorney-in-fact to endorse instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the proceeds . Payments by tenants or other users to Lender in response to Lender ' s demand shall satisfy the obligations for which the payments are made, whether or not any property grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership against the indebtedness . The receiver may serve without bond if permitted by law. Lender' s right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. SEE0/0001/00C/3529-2 9/21/99 230 me 1 1 1999-263 Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Trustor, Trustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender' s option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies . Trustee or Lender shall have any other right or remedy provided in this Deed of Trust, the Promissory Note, or the Disposition and Development Agreement or by law. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made . Reasonable notice shall mean notice given at lease five (5) days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Property. Sale of the Property. To the extent permitted by applicable law, Trustor here?--y waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales . Lender shall be entitled to bid at any public sale on all or any portion of the Property. Waiver: Election of Remedies . A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party' s rights otherwise to demand strict compliance with that provision cr any other provision_ . Election by Lender to pursue any remedy provided in this Deed of Trust or the Promissory Note or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to perform shall not affect Lender' s right to declare a default and to exercise any of its remedies . Attorneys ' Fees; Expenses . If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys ' fees at trial and on any appeal . Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender ' s opinion are necessary at any time for the protection of its SBEC/0001/DCC/3529-2 9/21/99 230 me 12 1999-263 interest or the enforcement of its rights shall become a part of the indebtedness payable on demand and shall bear interest at a rate of interest per annum of eight percent (8%) commencing on the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender' s attorneys ' fees whether or not there is a lawsuit, including attorneys ' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction) , appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports) , surveyors ' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee . Trustee shall have all of the rights and duties of Lender as set forth in this section. 6. 0 POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part o. this Deed of Trust : Powers of Trustee . In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Property, including the dedication of streets or other rights to the public; (b) Join in granting any easement or creating any restriction on the Property; and (c) join in any subordination authorized under the Disposition and Development Agreement or other agreement affecting this Deed or Trust or the interest o Lender under this Deed of Trust . Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee . Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to .the rights and remedies set forth above, with respect to all or any part o= the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. SBEO/0001/DOC/3529-2 9/21/99 230 me 13 1999-263 Successor Trustee. Lender, at Lender' s option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of San Bernardino County, California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest . The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 7 . 0 NOTICES TO TRUSTOR AND OTHER PARTIES . Any notice under this Deed of Trust shall be in writing and shall be effective when actually delivered or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust . Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of this notice is to change the party' s address . All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender ' s address, as shown near the beginning of this Deed of Trust . For Notice purposes, Trustor agrees to keep Lender and Trustee informed at all times of Trustor ' s current address . Each Trustor requests that copies of any notices of default and sale be directed to Trustor' s address shown nea-r the beginning of this Deed of Trust. 8 . 0 STATEMENT OF OBLIGATION. Lender may collect a fee, in an mount not to exceed the statutory maximum, for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California . 9 . 0 [Reserved -- No Text] 10 . 0 ASSIGNMENT OF CONTRACTS. In addition to any other grant, transfer or assignment effectuated hereby, without in any manner limiting the generality of the grants in the conveyance and grant section hereof, Trustor shall assign to Beneficiary, as security for the indebtedness secured hereby, Trustor ' s interest in all agreements, contracts, leases, licenses and permits affecting the Property in any manner whatsoever, such assignments to be made, if so requested by Beneficiary, by SaE0110o1100C/3529-2 9/21/99 230 me 14 1999-263 instruments in form satisfactory to Beneficiary; but no such assignment shall be construed as a consent by Beneficiary to any agreement, contract license or permit so assigned, or to impose upon Beneficiary any obligations with respect thereto. 11 . 0 BOORS AND RECORDS . Trustor shall maintain, or cause to be maintained, proper and accurate books, records and accounts reflecting all items of income and expense in connection with the operation of the Property or in connection with any services, equipment or furnishings provided in connection with the operation of the Property, whether such income or expense be realized by Trustor or by any other person or entity whatsoever excepting persons unrelated to and unaffiliated with Trustor and who leased from Trustor portions of the Property for the purposes of occupying the dame. Upon the request of Beneficiary, Trustor shall prepare and deliver to Beneficiary such financial statements regarding operation of the Property as Beneficiary may reasonably request. Beneficiary, or its designee,, shall have the right from time to time during normal business hours to examine such books, records and accounts and to make copies or extracts therefrom. 12 . 0 MISCELLANEOUS PROVISIONS . The following miscellaneous provisions are a part of this Deed of Trust: Amendments . This Deed of Trust constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment . Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of California . This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Caption Headings . Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust . Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate SBEO/0001/DOC/3529-2 9/21/99 230 me is 1999-263 in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances . If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Subdivision of the Property. The Trustor may cause the Property to be subdivided in compliance with the Subdivision Map Act at any time, and the Lender hereby consents to the recordation by the Trustor of a parcel map, subdivision map or parcel merger map affecting all or any part of the Property. Time is of the Essence. Time is of the essence in the per-Fornance of this Deed of Trust . Waivers and Consents . Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right . A waiver by and any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party' s right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender ' s rights or any of Trustor' s obligations as to any future transactions . Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. a i 3 1 'i SBEO/0001/DOC/3529-2 9/21/99 230 me 16 1999-263 THE TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND THE TRUSTOR AGREES TO ITS TERMS, AND THE TERMS OF THE PROMISSORY NOTE SECURED BY THIS DEED OF TRUST. TRUSTOR: David L. Hardy and Michael J. Hardy, as tenants in common, jointly and severally David L. Hardy By: -'y a.t Michael J. Hardy [SIGNATURES MUST BE ACCOMPANIED BY NOTARY JURAT] SBE0/0001/00C/3529-2 9/21/99 230 me 17 1999-263 EXHIBIT "D" AGENCY GRANT DEED [TO COME] SBEO/0001/DOC/3526-2 9/21/99 200 me Exh. 11 D" - 1 1999-263 EXHIBIT "E" SCHEDULE OF PERFORMANCE (Days shall be calendar days, and all dates herein are subject to change due to force majeure in accordance with Section 6 . 05 of the Agreement) Agency approval of DDA 1999 [TO BE COMPLETED BY DEVELOPER AND AGENCY STAFF] SBEC/0001/DOC/3526-2 9/21/99 200 me EXh. "E" - 1 1999-263 1999 _ CALIFORNIA BIO MASS DISPOSITION AND DEVELOPMENT AGREEMENT SCHEDULE OF PERFORMANCE Unless otherwise indicated herein, the meaning of words and phrases used in this Schedule of Performance shall be as set forth in the Agreement . Within five (5) days following Developer shall deliver to execution of the Agreement by Escrow Holder the sum of Five the Agency and the Developer Thousand Dollars ($5, 000 . 00) Escrow opened upon receipt by the Escrow Holder of a fully executed copy of the Agreement and the Deposit from the Developer. Agency shall deliver originals of Due Diligence Items (Section 2 . 08 ) Within fifteen (15) days of Agency shall deliver to the the Opening of Escrow Developer a preliminary title report or title commitment for a CLTA extended coverace policy of title insurance During Due Diligence Period Developer must submit development project site plan approval application for the Project to the City for City review and approval At least fifteen (15) days Developer shall submit a sewer before the end of the Due service plan to the Agency for Diligence Period its approval Within ten ( 10) days following Agency shall approve or reject transmittal of the Developer' s the Developer' s Sewer Service sewer service plan to the Plan Agency SBEO/0001/00C/3570 9/21/99 11:00 dgw 1 1999-263 Within one hundred twenty days Developer shall deliver its (120) from the Opening of Due Diligence Approval Escrow Certificate to the Agency and the Escrow Holder Developer shall submit Developer' s Title Objection Notice, if any, to the Agency Within sixty ( 60) days after The Close of Escrow shall the delivery of a Due occur Diligence Approval Certificate from the Developer No later than three (3) Escrow Holder shall prepare business days prior to the for approval by the Developer Closing Date and the Agency a Closing Statement (Section 2 . 21) On or before .12 : 00 noon on the The Agency shall deliver to business day preceding the the Escrow Holder a grant deed Closing Date for the Property to the Developer The Agency shall deliver to the Escrow Holder copies of the documents set forth in Section. 2 . 06 of the Agreement The Developer shall deliver to the Escrow Holder copies of the documents set forth in Section_ 2 . 07 of the Agreement At Close of Escrow Developer deposits the balance of the Purchase Price, less the Deposit amount, with the Escrow Holder SBEO/0001/DOC/3570 9/21/99 11:00 dgw 2 1999-263 Within three (3) business days Escrow Holder shall deliver to following the Closing Date . Developer a conformed copy of the Agency' s Grant Deed, as recorded, and the policy of title insurance issued in favor of the Developer Escrow holder shall deliver to the Agency the Purchase price, less sums paid to discharge any liens, escrow costs and any prorations chargeable to the Agency Promptly following City Developer completes and approval of site plan of submits construction design improvement for the Project plans and specifications to City Building Department for issuance of necessary building permits Within ninety ( 90) days Developer commences work of following Close of Escrow improvement of Project on the Property Within two hundred seventy Developer substantially (270) days following completes improvement of the commencement of work of Project improvement of the Project Promptly following completion Agency issues a Certificate of of improvements to the Completion to Developer Property Developer submits written request to the Agency for issuance of Certificate of Completion; but by a date not later than one ( 1) year following Close of Escrow On or before the fifth Agency shall pay Developer anniversary of the issuance of forty percent (40%) of the a Certificate of Completion cost of installed Sewer for the Project from the Improvements, up to Twenty Agency to the Developer Four Thousand Dollars ($24, 000 . 00) SBEO/0001/DCC/3570 9/21/99 11:00 dgw 3 1999-263 EXHIBIT "F" When Recorded, Mail to : CERTIFICATE OF COMPLETION We, Chairperson and Secretary of the Redevelopment Agency of the City of San Bernardino (the "Agency") hereby certify as follows : By its Resolution No. , adopted and approved ,' 1999, the Agency has resolved as follows : Section 1 . The improvements required to be constructed in accordance with that certain Disposition and Development Agreement (the "Agreement" ) dated , by and between the Agency and , a California (the "Developer") on Lot No. of Tract (the "Lot") more fully described in Exhibit "A" attached hereto and incorporated herein by this reference, have been completed in accordance with the provisions of said Agreement . Section 2 . This Certificate of Completion shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct and develop the improvements on the Lot, excluding any normal and customary tenant improvements and minor building "punch-list" items, and including any and all buildings and any and all parking, landscaping and related improvements necessary to support or which meet the requirements applicable to the building and its use and occupancy on the Lot, whether or not said improvements are on the Lot or on other property subject to the Agreement, all as described in the Agreement, and to otherwise comply with the Developer' s obligations under the Agreement with respect to the Lot and the dates for the beginning and completion of construction of improvements thereon under the Agreement; provided, however, that the Agency may enforce any covenant surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement and the grant deed pursuant to which the property containing the Lot was conveyed under the SBEO/0001/DOC/3526-2 9/21/99 200 me Exh. "F" - 1 1999-263 Agreement . Said Agreement is an official record of the Agency and a copy of said Agreement may be inspected in the office of the Secretary of the Redevelopment Agency of the City of San Bernardino located at 201 North "E" Street, Suite 301, San Bernardino, California, during regular business hours . Section 3 . The Lot to which this Certificate of Completion pertains is more fully described in Exhibit "A" attached hereto. DATED AND ISSUED this day of 199_. Executive Director of the Redevelopment Agency of the City of San Bernardino SBEO/0001/DOC/3526-2 9/21/99 200 me EXh. "G" - 1 Appendix "C" Authorization by Economic Development Agency of City of San Bernardino I; ` ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Ronald E. Winkler,Director SUBJECT: PUBLIC HEARING-DISPOSITION Development Department O�I� NA r AND DEVELOPMENT AGREEMENT- L CALIFORNIA BIO-MASS,INC. DATE: October 5, 1999 Synopsis of Previous Commission/Council/Committee Action(s): 2/99 The Redevelopment Committee directed staff to proceed with negotiations with California Bio-Mass for the disposition of 10.28 acres of Agency property on Industrial Parkway. Recommended Motion(s): OPEN PUBLIC HEARING CLOSE PUBLIC HEARING (Mayor and Common Council) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO THE PROPOSED DISPOSITION OF CERTAIN LANDS SUBMITTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AUTHORIZING THE SALE OF PROPERTY ON THE TERMS SET FORTH IN A DISPOSITION AND DEVELOPMENT AGREEMENT(CALIFORNIA BIO-MASS, INC.-HARDY) (Community Development Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THE DISPOSITION OF CERTAIN LANDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO DAVID L. HARDY AND MICHAEL J. HARDY ON THE TERMS SET FORTH IN A DISPOSITION AND DEVELOPMENT AGREEMENT(CALIFORNIA BIO-MASS, INC.- HARDY) Contact Person(s): Gary Van Osdel/ Ronald E. Winkler Phone: 5081 Project Area(s) Northwest Ward(s): Six(6) Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreements)/Contract(s) 2 Map(s) 0 Letter/Memo FUNDING REQUIREMENTS Amount: $ N/A Source: N/A Budget Authority: N/A SIGNATURE: 46homic/Development s el, Executiv irector onald inkler, Director gency Develop ent Department Commission/Council Notes: --�` -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:SMM:Iag:CDC 10-18-99-Califomia Bio-Mass COMMISSION MEETING AGENDA Meeting Date: 10/18/1999 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Public Hearing- Disposition And Development Agreement- California Bio-Mass, Inc BACKGROUND In 1994, the Agency accepted approximately 40 acres of vacant land in lieu of foreclosure on H.A.B. Land Development Company for property located on Industrial Parkway, between the Cable Creek and Devil's Creek flood control channels. The purchase price of the property was approximately $2.6 million, or$1.50 per square foot. The property was divided into four parcels of varying sizes, and since that time, the Agency has sold Parcels 1 and 2. In February, the Redevelopment Committee reviewed a letter of interest from California Bio- Mass, Inc. for the purchase and development of Parcel 4 which consists of approximately 10.28 acres. Since that time, the developer has completed certain due diligence investigations and has arranged bank financing for construction loans. California Bio-Mass, Inc. is a firm that deals in the processing of organic waste material. These materials are converted into soil products for agriculture, horticulture and landscape use. The disposition of the agency-owned property would allow for the construction of an organic recycling and transfer facility, encompassing a warehouse and packaging/bagging plant. The recycling transfer facility will be a 15,000 square foot building designed to receive recycling materials collected in the City of San Bernardino as well as from other commercial accounts held by California Bio-Mass, Inc. The materials to be collected include green waste, wood waste, wallboard, paper, C&D material, pre-post food material and liquids. All materials will be transferred to another site for processing. The project will provide for the creation of 18 new jobs with a $790,000 annual payroll, and an estimated $780,000 in annual expenditures with local vendors. Future plans include the construction of an additional 100,000 square foot warehouse and a 10,000 square foot packaging and bagging plant. It is proposed that these facilities would serve as the company's organic product distribution center for the Southern California area. It is important to note that the construction financing and Agency participation does not address the expansion plans at this time. The City of San Bernardino Public Services Department uses California Bio-Mass, Inc., for disposal of organic material. It is projected that this new location would save the Department approximately $150,000 annually in transportation costs. Further, the project is located within the City's expansion area of the Agua Mansa Recycling Market Development Zone (RMDZ). ------------------------------------------------------------------------------------------------------------------------------ GVO:REW:SMM:1ag:CDC 10-18-99-California Bio-Mass COMMISSION MEETING AGENDA Meeting Date: 10/18/1999 Agenda Item Number: R 3/ Economic Development Agency Staff Report California Bio Mass October 5, 1999 Page Number-2- -------------------------------------------------------------=------------------------------------------------------- The RMDZ is an economic overlay zone created by the California Integrated Waste Management Board. The RMDZ program provides economic incentives and technical assistance to manufacturing businesses that create products out of post-consumer and secondary waste materials. CURRENT ISSUES The Development Agreement provides for the disposition of the 10.28-acre parcel for a sales price of$441,000, or $0.98 cents per square foot. This value is supported by an appraisal report prepared by James Smothers, MAI, dated February 23, 1999 and adjusted for the estimated cost of sewer improvements. Development of the property requires the installation of off-site sewer improvements that will benefit Parcels 3 and 4. It is estimated that the cost for installation of the sewer improvements is approximately $60,000. Because the sewer improvements will benefit the adjacent agency-owned parcel, it is proposed that the Agency contributes approximately forty percent (40%) of the cost of the sewer installation which shall be payable upon the sale of the property to a 3`a party, or within five (5) years after completion of the project. Currently, the Carpenter's Union is preparing a design for use of Parcel 3 with the intent of purchasing it from the Agency. Agency Responsibilities: 1. Upon completion of the Developer's Due Diligence investigation of the property, the Agency shall transfer the property for a sales price of$441,000. 2. Contribute forty percent (40%), not to exceed $24,000, of the cost of off-site sewer installation payable when the Agency sells the adjacent 3.61 acres to a third party, but not later than five (5) years after completion of the project. 3. Execute a Deed of Trust that will mature in 18 months and is subordinate to a Construction Loan for the project not to exceed $860,000. Developer Responsibilities: 1, Purchase the property for $441,000. Provide cash in the amount of$170,000 due at the close of escrow and the execution of a Note and Deed of Trust for the remainder. 2. Construct the project including the installation of off-site sewer improvements that will benefit adjacent agency-owned land. ------------------------------------------- - - - - ----------------------------- GVO:REW:SMM:Iag:CDC 10-18-99-Califomia Bio-Mass COMMISSION MEETING AGENDA Meeting Date: 10/1811999 Agenda Item Number: '93L Economic Development Agency Staff Report California Bio Mass October 5, 1999 Page Number-3- --------------------------------------------------------------------------------------------------------------------- 3. Complete the construction of the project within one year. FISCAL IMPACT The Agency's proportionate share of the cost for installation of off-site sewer improvements equals forty percent (40%) of the cost to be incurred by the developer, not to exceed $24,000. Funds for the reimbursement of said expenses shall be paid out of the proceeds of the sale of the adjacent 3.61-acre parcel to a 3`d party, but not later than five (5) years after completion of the project. Should the Agency fail to sell the adjacent property, said funds shall come from the tax increment generated by the California Bio-Mass project. RECOMMENDATION That the Mayor and Common Council and the Community Development Commission adopt the required resolutions for the disposition of agency-owned property and approve the Disposition and Development Agreement between the Agency and California Bio-Mass, Inc. Ronald k. Winkler, Director Development Department --------------------------------------------------------------------------------------------------- GVO:REW:SMM:1ag:CDC 10-18-99-Califomia Bic Mass COMMISSION MEETING AGENDA Meeting Date: 10/18/1999 Agenda Item Number: B Appendix "D" Resolution No. 1999-263 s (See Also Res CDC 1999-37) 1 RESOLUTION NO. 1999-263 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A 3 REPORT RELATING TO THE PROPOSED DISPOSITION OF 4 CERTAIN LANDS SUBMITTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AUTHORIZING THE 5 SALE OF PROPERTY ON THE TERMS SET FORTH IN A DISPOSITION AND DEVELOPMENT AGREEMENT (CALIFORNIA 6 BIO MASS - HARDY) 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency" 8 owns or has a beneficial interest in certain subdivided lands referred to in this Resolution 9 collectively as the "Property" which is situated within the redevelopment project area of the 10 Northwest Redevelopment Project and is generally located on the southwest side of Industria 11 Parkway, between Devil's Creek Channel and Cable Creek Channel in the City of San 12 Bernardino (APN 266-041-71). 13 14 WHEREAS, based upon a review and evaluation of the proposal submitted to the 15 Agency, the Agency selected David L. Hardy and Michael J. Hardy, tenants in common, doing 16 business as California Bio Mass, Inc., a California Corporation (the "Developer") for Property 17 Acquisition and Redevelopment Assistance Between California Bio-Mass, Inc., and the 18 Redevelopment Agency of the City of San Bernardino; and 19 WHEREAS, the Agency staff have prepared a draft of a Disposition Developmen 20 Agreement (the "Agreement") for the disposition of the Property to the Developer together with 21 a report which summarizes the key terms of the Agreement and describes the manner in which 22 the proposed disposition of the Property to the Developer will assist in the elimination of blight 23 (the "33433 Report"); and 24 WHEREAS, it is appropriate for the Mayor and Common Council to take the action 25 with respect to the 33433 Report and the Agreement. -1- _A 1999-263 1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 2 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A 3 FOLLOWS: 4 Section 1. On October 18, 1999, the Mayor and Common Council conducted a full 5 and fair joint public hearing with the Community Development Commission of the City of San 6 Bernardino relating to the disposition and redevelopment of the Property by the Develope 7 8 pursuant to the terms and conditions of the Agreement. The minutes of the City Clerk for the 9 October 18, 1999 meeting of the Mayor and Common Council shall include a record of all 10 communication and testimony submitted to the Mayor and Common Council by interested 11 persons relating to the joint public hearing, the 33433 Report and the approval of the Agreement. 12 Section 2. This Resolution is adopted in order to satisfy the provisions of Health an 13 Safety Code Section 3')4333 as relate to the disposition and sale of the Property by the Agency to 14 the Developer on the terms and conditions set forth in the Agreement. A copy of the Agreemen 15 in the form submitted at the joint public hearing is on file with the Agency Secretary. The 16 Mayor and Common Council hereby find and determine as follows: 17 (i) the disposition and redevelopment of the Property by the Developer in accordant 18 with the Agreement is consistent with the Redevelopment Plan for the Northwest Redevelopmen 19 Project and the Agency Implementation Plan; 20 21 (ii) the terms and conditions of the Agreement contain assurances that the Property will 22 be redeveloped for the Project as permitted under the Redevelopment Plan; 23 (iii) the purchase price for the Property payable by the Developer to the Agency, subjec 24 to the satisfaction of the terms and conditions of the Agreement, is an amount which the 25 Community Development Commission has determined to be fair, just and reasonable, and tha -2- 1999-263 1 the disposition of the Property on the terms set forth in the Agreement shall materially benefi 2 and sustain the implementation of the Redevelopment Plan and assist the community to alleviate I blighting conditions caused by vacant land, the underutilization of parcels and lack of adequate 4 public infrastructure; 5 (iv) the consideration payable by the Developer to the Agency for the disposition of the 6 Property (e.g.: $441,000.00 in cash and the Promissory Note secured by Deed of Trust payable to 7 the Agency at the close of the escrow) is an amount which is not less than the fair reuse value o 8 the Property at the use and with the redevelopment and maintenance covenants and other terms 9 10 conditions and development costs authorized in the Agreement. 11 Section 3. The Mayor and Common Council hereby find and determine that no 12 further environmental review of the disposition and redevelopment of the Property of the 13 Developer pursuant to the terms and conditions of the Agreement is necessary at this time unde 14 the California Environmental Quality Act, as amended, in light of the following facts: 15 (i) a final parcel map for the Property has previously been recorded and the 16 redevelopment of the Property by the Developer pursuant to the Agreement will not require any 17 revision or change in the approved parcel map for the Property; and 18 (ii) the redevelopment of the Property by the Developer pursuant to the Agreement doe 19 not involve any new significant increase in the severity of previously identified environmental 20 21 effects which were not previously considered as part of the approval of the subdivision trac 22 maps for the Property; and 23 (iii) the Property are situated in the redevelopment project area of the Northwest 24 Redevelopment Project and by virtue of the facts set forth in subparagraph (i) and (ii) above 25 pursuant to the provisions of Title 14 California Code of Regulation Section 15180, no furthe y 1999-263 1 review of the potential effect of the redevelopment of the Property in accordance with the 2 Agreement is required at this time under CEQA and the Final EIR for the Northwes 3 Redevelopment Project. 4 Section 4. The Mayor and Common Council hereby approve, receive and file the 5 33433 Report and the Agreement in the form as submitted at this joint public hearing. 6 Section 5. The Mayor and Common Council hereby approve the disposition of the 7 Property by the Agency to the Developer on the terms set forth in the Agreement. 8 9 10 11 //// 12 13 14 15 16 //// 17 18 19 20 IN 21 //// 22 23 24 25 -4- w 1999-263 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A '- REPORT RELATING TO THE PROPOSED DISPOSITION OF CERTAIN LANDS SUBMITTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AUTHORIZING THE SALE OF 4 PROPERTY ON THE TERMS SET FORTH IN A DISPOSITION AND DEVELOPMENT AGREEMENT (CALIFORNIA BIO MASS - HARDY) 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held 8 on the 18th day of October , 1999, by the following vote to wit: 9 Council Members: A es Nays Abstain Absent 10 ESTRADA x 11 LIEN x MCGINNIS x 12 S CHNETZ x 13 VACANT - 5th ward 14 ANDERSON x 15 MILLER x 16 17 � 18 City rk 19 The foregoing resolution is hereby approved this A��day of October , 1999. ?o '1 GQ� a les, Mayor -2 <di y f San Bernardino Approved as to form and Legal Content: 24 James F. Penman City Attorney 25 By: -5- STANDARD HANDICAPPED STALLS 2 STANDARD PARKLNG STATlS 12.2 TOTAL 125 PRO E CT TEAM OXXvNER/OPERATOR CALIFORNIA BIO-MASS,INC. 10397 ALDER A VE. BLOOMINGTON, CA 92316 (909)875-6441 CONTACT NHCHAEL J.HARDY GENERAL CONTRACTOR SHOOK BULDING SYSTEMS,INC. 1 4442 PARKHURST ST. MIRA LOMA,CA 91752 (909)685-2556 CONTACT:NICK CAPRIOT77 ARCHITECT/ STRUCTURAL ENGINEER J.R.MaLER&ASSOCIATES,INC. 9631 BUSINESS CENTER DR SUITE D RANCHO CUCAMONGA,CA 91730 (909) 944-9990 CONTACT;EDAVM I,ALA ENVIRONMENTAL PER.NL UTTING L LBURN CORPERA77ON L PARK"WA1" 1905 BUSINESS CENTER DRIVE SAN BERNARDINO,CA 92408 (909)890-1818 CONTACT:DEBRA AfEIER SITE PLAN NOVEMBER 8, 1999 CI3CIIAOxd JNDIyVd 1IVIO.L ssrlV.LS sz 1 III:dSVNd IV.LO.LSnS sI IVIS£t u 3s is IV Lo,LS.�2s 9 vis 96 I 39Md IV.LOX9lIS ST is 9£ H OI 05L:l 005`L AdONVJ(mSOdO1id ON' UM-1S 77I £b 05Zi:I 0005 ONIddIHS/MOH31IVm 9W-UC19 IL; ONIICHM IR II 9£ 000I:1 000`9£ MddIHS/3SI10H31IVit CISSOdO1id I 8 005:1 000`{, om, cm:IH 3DN'VN'3LNIVTIT CI3SOdONd II7 9 0001:I 000`9 NOISWdX3)I33SNTXL 3?I:ZL.M 1 LT 005:I pp*`8 19INj( nff NajSNVILL QaSOd02Id I I I O5z:I OOL`Z ONICrUnff 33Iddo Ci3SOdONd Q32IInLS V-9xV NOLIAMDS3Q 3Sn /V3dV 35VHa STIb'.LS OLLVX aawfib3x ONrNwvd SISA'IKNV ONDrZlVd / JNIQ'II(1S .L3 bS 009`8I I -IVIOLL I d �-II 005`L AdONVD a-4SOdONd H Orj=9 CI III I-d N-II 000,5 ONIddIHS/3SnOH38VA1 3N_ILnd ONIQ'IIl q I.3 N-n 000`9£ ON IlddIHS/2JSfIOH9IIVA1 COSOd0?Id I I� !�-II 000`b ON lcmflff gDNVN`T'..LN7VJN CPdSOdOHd 1-4 ,4_11 OOp`9 NOISN-VdX31I3dSNVILL 9N-'lL.rlg I 1-d q-n 0O648 O-NIICI7Tn9 T14SNVILL CUSOdO?Id OOL`Z ONICPIInS 3DIdd0 CI3SOd01Id 3S'VHd AD!i'VdnJJO 3drL.L NOLL�111LLS;?ICLLS 3nol S hor.Lalx�S3CI asn/O S-Jmms SNOLLVA=IIORIRLX3()LL T-U3 I URDISIH Sad:LI7nN.IS :S?I3'INNIIIdS TIV!Z y1I L�,,S N3'IXN I UU q CV/t Z gDH /� G� :S19GOD NO LVMo,4NIONICMf1S S3x�V 8L'ti %9b .ld*6S Z9180Z = vmw(I3dOTdA3CiNn = V9 WV SI'£ %I£ '.Id'aS 900L£I ?I SS V CI3AVd St3iIJV 96'0 %6 ',.Lzi'aS 8Z0`Zt = VH2IV Q3dV"JSCiNV'I S'dliDV 6£'I %bI '.L3'aS 009`09 = Vd1IV`JI\TIQ'III1S Ci"dI�IISWOJ r °/.001 :L3'DS 8'964Lff+ = V3?IV mug S�3V 8ZOI , :snlolsVInDno Vavv 3.tls H-j �JNiNOZ RLIS QgdOMATN11 - u vis ON