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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Woolard
Interim Director
Subject:
Rescission of the Mayor and
Common Council's approval
of CUP No. 99-17 to
establish a transfer facility for
the collection and transfer of
green waste and other organic
materials
Dept: Development Services
Date: September 14, 2000
MCC Date: September 14,2000
Synopsis oCPrevious Council Action:
4/17/2000 The Mayor and Common Council denied the appeal and upheld the Planning
Commission's approval of Conditional Use Permit No. 99-17.
Recommended Motion: That the Mayor and Common Council rescind approval of
Conditional Use Permit No. 99-17 and adoption of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program pursuant to the written request of the applicant.
4L1/;~J
,
Bill Woolard
Contact person: Valerie C. Ross
Phone: 384.5057
Supporting data attached: Staff Report
Ward: 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
30
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Rescission of the Mayor and Common Council's Approval of Conditional
Use Permit No. 99-17 to establish a transfer facility for the collection and
transfer of green waste and other organic materials.
Mayor and Common Council Meeting of September 18, 2000
Owner:
City of San Bernardino
Redevelopment Agency
200 No. "E" Street, Suite 301
San Bernardino CA 92401
909-663-2272
Applicant:
David Hardy
California Bio-Mass, Inc.
10397 Alder Avenue
Bloomington, CA 92316
909-875-6441
BACKGROUND
On March 21, 2000, the Planning Commission adopted the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and approved Conditional Use Permit No. 99-17.
The CUP allowed the establishment and operation of a transfer facility for the collection and
transfer of green waste and other organic materials and finished product, bagging/warehousing
and marketing. The 10.28 acre site is located on the west side ofIndustrial Parkway between the
Devil Canyon and Cable Creek Channels, in the IH, Industrial Heavy land use district.
On April 17, 2000, the Mayor and Common Council heard an appeal of the Planning
Commission's approval of CUP No. 99-17. The Mayor and Common Council denied the appeal
and upheld the Planning Commission's approval.
Subsequent to the City Council's approval, a Petition for Writ of Mandate was filed on May 4,
2000, by Steward D. Cumming and the Cimarron Ranch Neighborhood Association, challenging
the City's approval of the project for failure to comply with the California Environmental
Quality Act (CEQA).In connection with that CEQA litigation, and upon review of the City's
Administrative Record, it was determined that the City did not properly notice its intent to adopt
the Mitigated Negative Declaration for the project. This failure raises a high likelihood of an
unfavorable outcome in the CEQA litigation. As a result, the applicant has requested that the
City rescind its approval of the project. (See attached letter.)
RECOMMENDATION
Staff recommends that the Mayor and Common council rescind its approval of Conditional Use
Permit No. 99-17 and its adoption of the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, pursuant to the written request of the applicant.
Exhibit 1
September 14, 2000 letter from David Hardy, California Bio-Mass, Inc.
EXHIBIT 1
4r
Califonlia Bio-Mass, Inc.
An ReC\'cling and Organics Compal1\'
September 14, 2000
Honorable Mayor Judith Valles, and
City Council
City of San Bernardino
300 N. D Street
San Bernardino, CA 92401
RE: Surrender of Conditional Use Permit #99-17
Dear Honorable Mayor Valles and City Council Members:
Please accept this letter as a formal surrender of the approved Conditional Use
Permit #99-17, issued to California Bio-Mass, Inc., by the Planning Commission
on March 21, 2000 and affirmed by the City Council on April 17, 2000. This
surrender has been necessitated by the litigation titled Stewart D. Cumming, etc.
and Cimarron Ranch Neighborhood Association, etc., Petitioners/Plaintiffs vs.
City of San Bernardino, et al., Respondents/Defendants; David Hardy, California
Bio-Mass, Inc., et al, Real Parties in Interest, San Bernardino Superior Court Case
No. SCV 66744.
If you have any questions regarding our surrender, please contact me directly at
(909) 875-6441.
c
Very truly yours,
.. .d~ ~~~
David L. Hardy - ()
President
CC: H. Empeno, City of San Bernardino Attorney office
B. Brizzee, Esq.
B. Lemann, Esq.
V. Ross, City of San Bernardino Planning Deparbnent
D. Avera, County of San Bernardino, LEA
lln97 Alder Avenue, Bloominglon, CA 92316 Phone: 909-R75-6.t-41 Fax: 909-875-6-1--15 E-llli.lil: dlhdlm({l)cybl~rg8Lcom
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OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, CM.C. - CITY CLERK
'"
P.O. Box 1318. San Bernardino' CA92402
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan.bernardino.ca.us
September 20,2000
Mr. David Hardy
California Bio-Mass, Inc,
10397 Alder Avenue
Bloomington, CA 92316
Dear Mr. Hardy:
At the meeting of the Mayor and Common Council held on September 18, 2000, the following
action was taken relative to the rescission of the Mayor and Common Council's approval of
Conditional Use Permit No. 99-17, to allow for the establishment of a transfer facility for the
col1ection and transfer of greenwaste and other organic materials:
That the Mayor and Common Council rescind its April 17, 2000 approval of
Conditional Use Permit No. 99-17, and rescind its adoption of the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, based
upon the written request of the applicant.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
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Rachel G. Clark, CMC
City Clerk
RC:ls
cc: Development Services
City of San Bernardino, Redevelopment Agency, 200 N. "E" Street, Suite 301, San
Bernardino, CA 92401
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Humau Dignity' Honesty