Agenda packet — Gardena City Council, March 22, 2022 (part 2 of 3)

units, on the property at 13126 S. Western Avenue. After review of the application, staff determined a second conditional use permit to allow the use of two automated parking structures was needed.

The subject property is a one-acre, rectangular shaped lot that is developed with a 2,100- square-foot (sf) convenience store and a 10,080-sf industrial building for an automobile repair facility. The property is located towards the northern end of the City at the northeast corner of Western Avenue and West 132nd Street (Figure 1: Vicinity Map). The property is zoned Industrial (M-1) and is bounded by the same zoning district to the north and east, and the General Industrial (M-2) zone to the south and west (Figure 2: Zoning Map).

Adjacent land uses include manufacturing, warehousing, and professional office spaces.

Figure 1: Vicinity Map
Project Site
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Figure 2: Zoning Map

PROJECT DESCRIPTION
The applicant is proposing to demolish all existing structures and construct a new 54,416-sf, four-story, multifamily residential building, containing 121 SRO rental units, inclusive of a manger’s unit. Each will have a floor area of 350-sf and include a kitchen, full bath and personal washer. The new residential building is oriented towards the corner of Western Avenue and West 132nd Street. Communal facilities, including outdoor courtyard, pool and spa, fitness room and indoor recreational space are located towards the center of the development (Figure 3: Site Plan). Additionally, each unit has a private balcony or patio, and outdoor common decks will be provided on the second and third floors. Most of the parking is situated within the two six-tier automated parking structures located on the north end of the lot. Additionally, eight covered parking spaces, including three accessible spaces, will be provided on the ground floor.

The proposed structure is of contemporary architectural style. Ground floor units are setback ten feet from the property line and separated by a landscape buffer. The building is stepped back four stories to two stories at the southwest corner, which helps reduce the buildings massing, while emphasizing the ground-level elements.

The applicant’s proposal includes seven affordable units, at a very-low-income level. In accordance with the State’s Density Bonus law, the applicant is requesting an increase in density and waiver of development standards to construct 121 SRO units and two automated parking structures. The project’s density and development standards are RESO NO. PC 4-22
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based on the Density Bonus law (Government Code § 65915), which are consistent with Gardena Municipal Code Chapter (GMC) 18.43.

To allow for the construction of the 121-unit single room occupancy housing development, with seven affordable units, the applicant is seeking approval of the following entitlements:

1. Site Plan Review (SPR #5-21) to construct a four-story residential building for 121 single room occupancy units fronting Western Avenue;

2. Conditional Use Permit (CUP #5-21) to permit the construction of a single room occupancy (SRO) residential development in the Industrial (M-1) zone;

3. Conditional Use Permit (CUP #6-21) to permit the construction of two, six-tier automated parking structures per GMC Section 18.40.080B.5;

4. Density Bonus to allow the density increase and FAR increase as the project includes seven affordable, very low-income units; and

5. Direct staff to file a Notice of Exemption for a Class 32 exemption pursuant to CEQA Guidelines section 15332 for an in-fill development project.

Figure 3: Site Plan
Figure 3: Site Plan
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ANALYSIS
SITE PLAN REVIEW #5-21
In accordance with GMC Section 18.44.010.B, site plan review is required for all development projects that front Western Avenue. Site plan review approval requires the following findings to be made: (1) the development is consistent with the intent and purpose of the general plan and provisions of the municipal code, and (2) the development will not adversely affect the orderly and harmonious development of the area and the general welfare of the City. Therefore, the following analysis is presented to describe the proposed project and any anticipated effects it may have on other properties in the vicinity and the city as a whole.

The subject property is located in the M-1 zone. The proposed structure complies with the development standards of the M-1 zone set forth in GMC Chapter 18.36 (Table 1:

Development Standards).

Table 1: Development Standards
Development
Standard
M-1 Zone
Requirement
Project
Proposal
Project
Compliant?
Maximum Floor Area Ratio
(FAR)

1.0 1.25 Waiver under
Density Bonus
Law
Minimum Unit Sizes 150-sf 350 Yes
Maximum Unit Sizes 350-sf 350 Yes
Building Height
SRO Building
Parking Structures
65 ft 46 ft 10 in.
50 ft
Yes
Yes
Setback
Front
Side
Rear
10 ft
10 ft
0 ft
10 ft
10 ft

6.8 ft
Yes
Landscaping
Street frontage First 10 ft First 10 ft Yes
Maximum Height of
Walls/Fencing 8 ft 8ft Yes
Minimum Common Area
10-sf/du 1,210-sf Private: 9,314
Common: 8,080
Yes
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Development
Standard
M-1 Zone
Requirement
Project
Proposal
Project
Compliant?
Total: 17,394
Parking
1 space/du
2 spaces/residential
manger unit
120 spaces
2 spaces
Total: 122 spaces Yes
In accordance with GMC Section 18.36.030 an SRO project shall provide parking at a rate of one parking space per unit plus an additional two spaces for the resident manager.

The project includes 120 SRO units plus one manger’s unit, therefore, requiring a total of 122 spaces. The applicant meets the parking requirements by providing two automated parking structures that contain the capacity for 57 spaces each, plus eight spaces, including three accessible spaces, at ground level. In accordance with GMC Section

18.40.080, a conditional use permit is required for all mechanical vehicle storage.

Therefore, the applicant’s request includes approval of a conditional use permit for the two six-tier parking structures.

Each SRO unit will have a size of 350-sf, the maximum allowed per the Gardena Municipal Code. Each unit includes a kitchen, full bath, and personal washing machine.

Additionally, each unit will have their own private balcony or deck and access to communal open spaces such as outdoor courtyards, pool and spa, fitness room and multipurpose room. The project exceeds the open space requirements for a SRO development, providing a total of 17,394-sf split up between private and common spaces.

As shown, the project meets or exceeds all of the minimum development standards of the M-1 zone, therefore, the development will not adversely affect the orderly and harmonious development of the area and the general welfare of the City.

The General Plan Land Use Plan designates the subject property as Industrial. Allowing the 121-unit single room occupancy housing development would be consistent with various goals and policies of the General Plan including the following:

Table 2: General Plan Consistency
Table 2a – Land Use
LU Goal 1 Preserve and protect existing single-family and low/medium-density residential neighborhoods while promoting the development of additional high quality housing types in the City.

LU 1.1: Promote sound housing and
attractive and safe residential neighborhoods.

The project design is of high-quality, with a
well-articulated building and pedestrian
orientated environment that creates an
attractive and safe residential neighborhood.

LU 1.5: Provide adequate residential
amenities such as open space, recreation,
The property provides an abundant amount
of open space which includes, open decks,
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off-street parking and pedestrian features in
multifamily residential developments.
outdoor courtyards, private balconies, a pool
and spa, fitness room and multipurpose
room. The project includes a total of 17,394-
sf of open space.

LU 1.9: Allow well designed and attractive
residential mixed-use development to occur
on existing underutilized
commercial/industrial blocks designed as
Mixed-Use Overlay.

While the development is not located in the
Mixed-Use Overlay zone, it is a well-designed
and attractive residential development on an
existing underutilized industrial property.

Table 2b – Community Design Plan
DS Goal 2 Enhance the aesthetic quality of the residential neighborhoods in the City.

DS 2.3: Encourage a variety of architectural
styles, massing, floor plans, color schemes,
building materials, façade treatments,
elevation and wall articulations.

The building is stepped back four stories to
two stories at the southwest corner, which
helps reduce the building massing. The
building mass and design act as a transition
to the scale of the surrounding neighborhood.

DS 2.10: Provide landscape treatments
(trees, shrubs, groundcover, and grass
areas) within multi-family development
projects in order to create a “greener”
environment for residents and those viewing
from public areas.

The building is setback ten feet from the
property line and separated by a landscape
buffer that includes varies plants and shrubs.

In the common outdoor courtyard, there are
multiple trees of various sizes, as well as
raised planters that help created a greener
environment for the residents.

DS 2.11: Incorporate quality residential
amenities such as private and communal
open spaces into multi-unit development
projects in order to improve the quality of the
project and to create more attractive and
livable spaces for residents to enjoy.

The project provides common open space
through open decks, outdoor courtyards, a
pool and spa, fitness room and a
multipurpose room.

DS 2.9: Integrate new residential
developments with the surrounding built
environment, in addition, encourage a strong
relationship between the dwelling and the
street
The residential development uses landscape
setbacks from public rights-of-way and
stepped building design that reduces the
scale of the building, while emphasizing the
ground-level elements. The parking
structures buffer the residential development
from the industrial uses to the north.

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Table 2c – Circulation Plan
CI Goal 1 Promote a safe and efficient circulation system that benefits residents and businesses and integrates with the greater Los Angeles/South Bay transportation system.

CI 1.1: Prioritize long-term sustainability for
the City of Gardena, in alignment with
regional and state goals, by promoting infill
development, reduced reliance on singleoccupancy vehicle trips, and improved multimodal transportation networks, with the goal of reducing air pollution and greenhouse gas
emissions, thereby improving the health and
quality of life for residents.

The project is an infill project in a high-quality
transit area.

CI Goal 3 Develop Complete Streets to promote alternative modes of transportation that are safe and efficient for commuters, and available to persons of all income levels and disabilities.

CI 3.3: Maintain and expand sidewalk
installation and repair programs, particularly
in areas where sidewalks link residential
neighborhoods to local schools, parks, and
shopping areas.

As a condition of approval, the applicant will
be required to replace the sidewalk in front of
the project site.

Table 2d – Conservation Plan
CN Goal 2 Conserve and protect groundwater supply and water resources.

CN 2.2: Comply with the water conservation
measures set forth by the California
Department of Water Resources.

The project will be conditioned to ensure that
the landscape and irrigation plans comply
with the State’s Water Efficient Landscape
Guidelines, as adopted by the Gardena
Municipal Code.

CN Goal 3 Reduce the amount of solid waste produced in Gardena.

CN 3.1: Comply with the requirements set
forth in the City’s Source Reduction and
Recycling Element.

The Applicant will be required to prepare
construction and demolition waste recycling
plans for review and approval by the Building
Division. Applicant/developer shall enroll in
the city’s waste diversion program.

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CN Goal 4 Conserve energy resources through the use of technology and conservation methods.

CN 4.2: Require compliance with Title 24
regulations to conserve energy.

The project will be conditioned to comply with
the current California Building Code, which
includes the CalGreen Code.

Table 2e – Public Safety Plan
PS Goal 2 Protect the community from dangers associated with geologic instability, seismic hazards and other natural hazards.

PS 2.3: Require compliance with seismic safety
standards in the Unified Building Code.

The project will be conditioned to comply with the
current California Building Code relating to seismic
safety.

PS 2.4: Require geotechnical studies for all new
development projects located in an AlquistPriolo Earthquake Fault Zone or areas subject to liquefaction.

The applicant is required to submit and comply with
a Geotechnical investigation.

Table 2f – Noise Plan
N Goal 3 Develop measures to control non-transportation noise impacts.

N 3.1: Require compliance with a quantitative
noise ordinance based on the Model Noise
Ordinance developed by the (now-defunct)
State of California Office of Noise Control.

The project will be conditioned to show compliance
with interior noise standards.

N 3.3: Require compliance with construction
hours to minimize the impacts of construction
noise on adjacent land.

The project will be conditioned to comply with the
City’s hours of construction. Additionally, the
project is conditioned on implementing noise
reduction methods.

Table 2g – 2021-2029 Housing Element
GOAL 2.0 Provide opportunity for increasing the supply of affordable housing within the City with special emphasis on housing for special needs groups.

Policy 2.2: Provide incentives for new
housing construction, to encourage the
production of affordable units. Encourage
provision of units of various sizes to
accommodate the diverse needs of the
community, including seniors, students and
young workers, and large households.

The project will create a new 121 SRO each with a
floor area of 350-sf. Each unit will have dishwasher,
front loading washing machine and private balcony or
patio. The project also includes seven affordable
units, at a very-low-income level, that will have the
same high-quality design of the other SRO units.

This project helps satisfy the City’s RHNA allocation
of 5,735 units including 1,485 very low units.

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GOAL 5.0 Promote equal opportunity for all residents to reside in the housing of their choice.

Policy 5.2: Provide a range of housing
options, locational choices, and price points
to accommodate the diverse needs in
Gardena and to allow for housing mobility
Each unit is a 350 square foot, self-sufficient unit and allows for a maximum of two residents per unit. The
majority of the housing stock in the City is single
family, townhome/condo, or apartments. The
proposed project will offer a more compact housing
type that can adapt to meet ADA standards.

Subject to the approval of the site plan review and the issuance of the conditions of approval, the proposed use will be consistent with the General Plan and Gardena Municipal Code, compatible with the surrounding area, and will not be detrimental to the public health, safety, or welfare

DENSITY BONUS
The applicant has proposed to provide seven affordable, very-low-income units. Under the Density Bonus Law (Government Code § 65915), the project qualifies for increased density. The amount of the density bonus is set on a sliding scale based upon the percentage of affordable units at each income level. In addition to the density bonus, the applicant is entitled to waivers to development standards or modification of the Zoning Code. Density Bonus Law is a state mandate, therefore, a developer who meets the requirements of the law is entitled to receive the density bonus and other benefits as a matter of right. The following is a breakdown of the density bonus calculation for this project.

Density Bonus Calculation
The State’s Density Bonus Law allows a 20% density bonus for residential projects that provide 5% of affordable units at a very-low income, and then an additional 2.5% increase for every 1% above the threshold – up to a maximum of a 35% density bonus.

The subject property is located in the M-1 zone. The M-1 zone does not have a maximum density for SRO developments, however, does include other development provisions such as maximum floor area ratio (FAR), setbacks, and building height requirements that could limit the amount of SRO units allowed on a property. For the subject property the applicant determined a total 97 SRO units of 350-sf each, could be developed on the lot, with meeting all applicable development standards on the property. Out of the 97 SRO units, seven units were set aside for very-low-income units. Therefore, the base project included a total of 7% percent of affordable housing, which would allow the project to have a density bonus of 25%.

As shown in Table 3, the project qualifies for a 25% density increase, or 25. With the base number of units being 97, the project could develop a total of 122 SRO units on the lot.

The applicant is proposing to develop 121 SRO units, including the seven affordable units, therefore, the project’s density is compliant with the Density Bonus Law.

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Table 3: Summary of Density Bonus
Base number of units allowed by-right 97 units
Lot Size 1 acre
Number of Affordable Units 7 Very Low-Income Units
Percentage of Very Low-Income Units 7%
Density Bonus for 7% Very Low-Income 25% (from table in GMC 18.43.040.A) Density Bonus Units (97 x 25% = 24.25) 25
Total units (97 original + bonus units) 122
Waiver from Maximum FAR
In accordance with GMC Section 18.43.060, the City shall not apply any development standards that will have the effect of physically precluding the construction of an affordable housing development. Under the State’s Density Bonus Law, the applicant is requesting a waiver to allow the increase in floor area ratio (FAR) of the project. The subject property is located in the M-1 zone, which allows a maximum FAR of 1.0. The subject property has a size of approximately one acre or 43,560-sf. The proposed fourstory residential building has a floor area of 54,416-sf. Therefore, the project has a total FAR of 1.25. In order to develop to the 25% increase in density that is allowed under State Law, the applicant is requesting a 25% increase to the FAR. The City may only deny the waiver if it finds that there is substantial evidence:

1. It would have a specific, adverse impact upon the public health or safety which cannot be mitigated;

2. It would have a specific adverse impact on the physical environment which cannot be mitigated;

3. It would have a specific adverse impact on historical property; or

4. It would be contrary to law.

Allowing the 25% increase in FAR would not adversely impact the public health or safety of the city or the physical environment. The project is designed to integrate the new residential development with the surrounding built environment, and in addition, to encourage a strong relationship between the dwelling and the two street frontages. The property and existing buildings do not include any historical resources. Lastly, requiring the development to meet the required FAR standard would physically preclude the project at the approved density so a waiver of FAR requirements should be granted.

CONDITIONAL USE PERMIT #5-21
Per GMC Section 18.36.030.P, a conditional use permit is required for all single-room occupancy uses in the M-1 zone.

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In order to grant a conditional use permit, the Planning Commission must make the following findings:

1. That the use if one for which a conditional use permit is authorized; As set forth under GMC Section 18.36.030.P, SRO units are subject to a conditional use permit.

As shown above the property will be compatible with various goals and policies of the City’s Land Use Plan, Community Design Plan, Circulation Plan, Conservation Plan, Public Safety Plan, Noise Plan, and Housing Element.

3. That the site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood; The property has a dimension of 141 feet by 310 feet. As shown above, the project meets or exceeds all of the minimum development standards of the M-1 zone, including setbacks, walls, fencing, landscaping, and parking.

4. That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use; and
The Circulation Plan of the Gardena General Plan designates Western Avenue as an arterial roadway and West 132nd Street as a collector roadway. Arterial roadways are designed to connect traffic from smaller roadways to freeway interchanges and regional roadway corridors and are the principal urban thoroughfares of the City. Collector roadways are intended to provide general access to all types of land uses. The use of the property for 121 units is not expected to generate more traffic than the existing uses, and therefore, the surrounding streets are properly designed to carry the quantity of traffic generated by the proposed use.

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5. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.

The conditions of approval for Conditional Use Permit #5-21, will ensure that the SRO development will be compatible with, and not detrimental to, the surrounding uses in the vicinity.

GMC Section 18.36.030P.11, requires that a management plan be approved by the Planning Commission for SRO developments. The management plan must address the management and operation of the facility, rental procedures, safety and security of the residents and building maintenance. Additionally, the Code requires a 24-hour resident manager for any SRO with at least 10 units.

The Management Plan is attached as Exhibit C to Resolution No. PC 4-22, and staff finds that it complies with the Code requirements.

CONDITIONAL USE PERMIT #6-21
GMC Section 18.40.080.B.5, allows parking flexibility through valet parking, mechanical vehicle storage, shared parking, and other configurations, pursuant to obtaining a conditional use permit. As such, the applicant is requesting an additional conditional use to permit the construction of two six-tier automated parking structure as part of the project.

Each parking structure will have the capacity to store 57 vehicles, for a total of 114 parking spaces. The parking structures use a mechanical parking system that helps to stack cars on multiple vertical levels resulting in maximizing the space for parking and saving valuable land (Figure 4: Parking Structure). Each individual parking spot is a moveable platform that the system can lift, slide sidewards, or a combination of both. In addition to the parking spaces within the automated structure, eight covered parking spaces, including three accessible spaces, will be provided on the ground floor.

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Figure 4: Parking Structure
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In order to grant a conditional use permit for the automated parking structures, the Planning Commission must make the following findings:

1. That the use if one for which a conditional use permit is authorized; GMC Section 18.40.080.B.5 allows for parking flexibility through mechanical vehicles storages, pursuant to a conditional use permit. Therefore, the application’s request for a conditional use permit is deemed proper and, if approved, will authorize the applicant to construct two automated parking structures.

2. That such use is necessary or desirable for the development of the community and is compatible with the surrounding uses; is in harmony with the general plan; is not detrimental to the surrounding properties, existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; and will not be detrimental to the public health, safety or welfare;
Allowing the six-tier automated parking structures would allow the project to meet the minimum parking requirements in less space than a traditional surface parking lots or garages would require. Automated parking structures utilizes the land more efficiently as they do not need ramps for drivers to get in and out of spaces, making it more desirable for developments in the City. Additionally, the six-tier automated parking structures do not need to be as tall as a traditional six-story parking structure. The two automated parking structures will also be conditioned to provide screening on the west and south elevations, to screen away from public rights-of way. As shown above, the development is consistent with various goals and policies of the General Plan which are in part made possible by being able to utilize this more efficient system. The automated parking structure will not be detrimental to the surrounding properties, existing uses or to uses specifically permitted in the M-1 zone.

3. That the site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood; The property has a dimension of 141 feet by 310 feet. As shown above, the project, including the automated parking structures, meets or exceeds all of the minimum development standards of the M-1 zone, including setbacks, walls, fencing, landscaping, and parking.

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4. That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use; and
The Circulation Plan of the Gardena General Plan designates Western Avenue as an arterial roadway and West 132nd Street as a collector roadway. The parking structures are accessory uses to that of the SRO residential development and do not add traffic above that of the SRO units themselves. The primary use of the 121 SRO units is not expected to generate more traffic than existing uses, and therefore, the surrounding streets are properly designed to carry the quantity of traffic generated by the proposed use.

5. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.

The conditions of approval for Conditional Use Permit #6-21, will ensure that the automated parking will be compatible with, and not detrimental to, the surrounding uses in the vicinity.

NO NET LOSS, 2021-2029 HOUSING ELEMENT:

In accordance with Government Code section 65583, each city’s housing element must include an inventory of land suitable and available for residential development to meet the locality’s housing need for each of the designated income levels of the assigned regional housing need. Additionally, if the City allows development of a site with less units by income level than identified in the housing element for that site, the City must make written findings supported by substantial evidence as to whether there are remaining sites identified in the housing element to accommodate the City’s share of regional housing needs, including a quantification of the remaining unmet need for each income level.

The subject property is identified in the 2021-2029 Gardena housing element for a housing development that would include 15 lower income units, 4 moderate income units, and 11 above moderate-income units. The subject project includes seven affordable units at the very-low-income level, while the remaining 114 units would be at above moderate income. As shown in Table 4, the project will meet the above moderate housing units that were identified for the site and provide seven out of the 15 identified lower income units.

While the project is providing more overall units than identified in the housing element, the project does not provide the total lower and moderate-income units assumed.

Table 4: Housing Sites and Income Distribution
Address Lower
Income Units
Moderate
Income Units
Above Moderate
Income Units
Total
Units
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Identified in
Housing
Element
13126 S
WESTERN AVE 15 4 11 30
Provided 7 114 121
Remaining 8 4
The City was allocated a regional housing need of 5,735 units to plan for the 2021-2029 planning period, broken down as follows: very low/low-income – 2,246 units; moderateincome – 894 units; and above moderate-income – 2,595 units. However, the housing element plans for a total of 7,399 units, exceeding the City’s allocation by 1,664 units or 29%. This buffer was necessary in order to address the no net loss requirement, of maintaining an adequate inventory of sites. While the project is not providing the number of housing units of each identified income level as assumed in the housing element, there are more than sufficient sites remaining that are identified in the housing element to accommodate the City’s share of regional housing for the 2021-2029 planning period (Table 5: No Net Loss Calculation).

The City is in the beginning of the 2021-2029 housing period, and the first reported progress in reaching the regional housing need has not been completed at this time.

However, the housing element does identify several residential development projects with completed entitlements and pending projects in the City, totaling 528 units, that can be completed within the timeframe of this Housing Element. This project will also assist the City in reaching this allocation and continue to provide different housing options.

Table 5: No Net Loss Calculation
Very Low/Low Moderate Above Moderate
Allocation 2,246 894 2,595
Number of Housing Units in
2021-2029 HE
2,833 1,770 2,796
Buffer 587 876 201
Reported Progress - - -
Proposed Project 7 114
Remaining Allocation 2,239 894 2,481
Remaining Buffer 580 876 2,675
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ENVIRONMENTAL CONSIDERATIONS
The project is an infill development project under Class 32 of the California Environmental Quality (CEQA) Guidelines. As demonstrated above, the project is consistent with applicable general plan policies, and also consistent with applicable requirements of the City’s zoning ordinance. The project is within City limits, on a site less than five acres, and surrounded by urban uses. The site has no value as a habitat for endangered, rare, or threatened species. The project site is able to be served by all required utilities and public services. The City’s environmental consultant, Kimley-Horn, prepared technical studies (Exhibit D) that showed the proposed project would have less than significant impacts concerning traffic, noise, and air. Additionally, compliance with the National Pollution Discharge Elimination System and requirements of the Gardena Municipal Code would ensure the project’s construction-related activities would not violate any water quality standards or otherwise substantially degrade surface or groundwater quality, resulting in a less than significant impact. Therefore, the City does not foresee any adverse impacts to traffic, noise, air quality, or water quality.

The proposed project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant impacts that may otherwise occur in a sensitive environmental area. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact.

The project is not located along any state designated scenic highway nor within any designated hazardous waste site. Kimley-Horn also prepared a Cultural Resources Assessment (Exhibit D) that found that neither of the two existing buildings on the property appear to have historical significance. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project.

Therefore, the proposed project is categorically exempt from CEQA under CEQA Guidelines section 15332, Infill Exemption.

NOTICING
The public hearing notice for the project was published in the Gardena Valley News and mailed first class to owners and occupants within a 300-foot radius of the site on January 20, 2022, for the February 1, 2022, Planning Commission meeting. At the February 1, 2022, meeting the public hearing was opened and continued to the February 15, 2022, meeting. A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department, Room 101, City Hall, and are considered part of the administrative record.

RECOMMENDATION
Staff recommends the Planning and Environmental Quality Commission to:
1) Continue the public hearing;
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2) Receive testimony from the public; and
3) Adopt Resolution PC 4-22 approving Site Plan Review #5-21, Conditional Use Permit #5-21, and Conditional Use Permit #6-21 subject to the attached conditions of approval and directing staff to file a Notice of Exemption.

ATTACHMENTS
Resolution No. PC 4-22
Exhibit A – Draft Conditions of Approval
Exhibit B – Architectural Plans
Exhibit C – Property Management Plan
Exhibit D – CEQA Class 32 Categorical Exemption Technical Studies RESOLUTION NO. PC 4-22

A RESOLUTION OF THE PLANNING AND ENVIRONMENTAL QUALITY

COMMISSION OF THE CITY OF GARDENA, CALIFORNIA, APPROVING SITE PLAN REVIEW #5-21, CONDITIONAL USE PERMIT #5-21, AND CONDITIONAL USE PERMIT #6-21 TO DEVELOP A 121-UNIT SINGLE ROOM OCCUPANCY HOUSING

DEVELOPMENT, WITH SEVEN AFFORDABLE UNITS, AND TWO, SIX-TIER AUTOMATED PARKING STRUCTURES ON A ONE-ACRE PROPERTY IN THE M-1 (INDUSTRIAL) ZONE WITH, AND DIRECTING STAFF TO FILE A NOTICE OF EXEMPTION FOR A CLASS 32 IN-FILL DEVELOPMENT
13126 S. WESTERN AVENUE (APN: 6102-006-013)

THE PLANNING COMMISSION OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. RECITALS.

A. On July 30, 2021, the applicant West Realty Group, Inc., represented by Lee Johnson, submitted an application for a site plan review and conditional use permit to construct the 121-unit single room occupancy (SRO) housing development, including seven affordable units, and an additional conditional permit for the construction of two, six-tier automated parking structures (the “Project”) on the property at 13126 S. Western Avenue (the “Property”);
B. The General Plan Land Use Plan designation of the Property is Industrial, and the zoning is M-1 (Industrial);
C. The Property is bounded by warehouse buildings to the north and east, Western Avenue to the west and West 132nd Street to the south; D. On January 20, 2022, a public hearing was duly noticed for a virtual Planning and Environmental Quality Commission meeting for February 1, 2022, at 7 PM; E. On February 1, 2022, the Planning Commission opened and continued the public hearing to February 15, 2022;
F. On February 15, 2022, the Planning and Environmental Quality Commission held a public hearing at which time it considered all material and evidence, whether written or oral; and
G. In making the various findings set forth herein, the Planning and Environmental Quality Commission has considered all of the evidence presented by staff, the applicant, and the public, whether written or oral, and has considered the procedures and the standards required by the Gardena Municipal Code.

SECTION 2. SITE PLAN REVIEW #5-21
Site Plan Review (#5-21) for the construction of a four-story residential building for 121 RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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SRO units fronting Western Avenue, is hereby approved based on the following findings and subject to the conditions attached hereto as Exhibit A. The plans being approved are dated January 4, 2022, and attached hereto as Exhibit B, as the same may be modified by the conditions of approval.

A. The proposed development, including the uses and physical design, is consistent with the intent and general purpose of the general plan and provisions of the municipal code.

The General Plan Land Use Plan designates the Property as Industrial. Allowing the 121-unit single room occupancy housing development would be consistent with various goals and policies of the General Plan including the following:
 LU Goal 1 Preserve and protect existing single-family and low/medium-density residential neighborhoods while promoting the development of additional high quality housing types in the City.
 Policy LU 1.1: Promote sound housing and attractive and safe residential neighborhoods
 Policy LU 1.5: Provide adequate residential amenities such as open space, recreation, off-street parking, and pedestrian features in multifamily residential developments
 Policy LU 1.9: Allow well designed and attractive residential mixed-use development to occur on existing underutilized commercial/industrial blocks designed as Mixed-Use Overlay.
 Policy DS 2.3: Encourage a variety of architectural styles, massing, floor plans, color schemes, building materials, façade treatments, elevation and wall articulations.
 Policy DS 2.10: Provide landscape treatments (trees, shrubs, groundcover, and grass areas) within multi-family development projects in order to create a “greener” environment for residents and those viewing from public areas.  Policy DS 2.11: Incorporate quality residential amenities such as private and communal open spaces into multi-unit development projects in order to improve the quality of the project and to create more attractive and livable spaces for residents to enjoy.
 Policy DS 2.9: Integrate new residential developments with the surrounding built environment, in addition, encourage a strong relationship between the dwelling and the street.
 CI Goal 1 Promote a safe and efficient circulation system that benefits residents and businesses and integrates with the greater Los Angeles/South Bay transportation system.
 Policy CI 1.1: Prioritize long-term sustainability for the City of Gardena, in alignment with regional and state goals, by promoting infill development, RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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reduced reliance on single-occupancy vehicle trips, and improved multi-modal transportation networks, with the goal of reducing air pollution and greenhouse gas emissions, thereby improving the health and quality of life for residents.  CI Goal 3 Develop Complete Streets to promote alternative modes of transportation that are safe and efficient for commuters, and available to persons of all income levels and disabilities.
 Policy CI 3.3: Maintain and expand sidewalk installation and repair programs, particularly in areas where sidewalks link residential neighborhoods to local schools, parks, and shopping areas.
 CN Goal 2 Conserve and protect groundwater supply and water resources.  Policy CN 2.2: Comply with the water conservation measures set forth by the California Department of Water Resources.
 CN Goal 3 Reduce the amount of solid waste produced in Gardena.  Policy CN 3.1: Comply with the requirements set forth in the City’s Source Reduction and Recycling Element.
 CN Goal 4 Conserve energy resources through the use of technology and conservation methods.
 Policy CN 4.2: Require compliance with Title 24 regulations to conserve energy.  PS Goal 2 Protect the community from dangers associated with geologic instability, seismic hazards and other natural hazards.  Policy PS 2.3: Require compliance with seismic safety standards in the Unified Building Code.
 Policy PS 2.4: Require geotechnical studies for all new development projects located in an Alquist-Priolo Earthquake Fault Zone or areas subject to liquefaction.
 N Goal 3 Develop measures to control non-transportation noise impacts.  Policy N 3.1: Require compliance with a quantitative noise ordinance based on the Model Noise Ordinance developed by the (now-defunct) State of California Office of Noise Control.
 Policy N 3.3: Require compliance with construction hours to minimize the impacts of construction noise on adjacent land.
 Housing Goal 2.0 Provide opportunity for increasing the supply of affordable housing within the City with special emphasis on housing for special needs groups.
 Policy 2.2: Provide incentives for new housing construction, to encourage the production of affordable units. Encourage provision of units of various sizes to RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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accommodate the diverse needs of the community, including seniors, students and young workers, and large households.
 Housing Goal 5.0 Promote equal opportunity for all residents to reside in the housing of their choice.
 Policy 5.2: Provide a range of housing options, locational choices, and price points to accommodate the diverse needs in Gardena and to allow for housing mobility.

The Project’s design is high-quality, with a well-articulated building and pedestrian orientated environment that creates an attractive and safe residential neighborhood. The Project includes an abundant amount of open space including, open decks, outdoor courtyards, private balconies, a pool and spa, fitness room and multipurpose room. The building is stepped back four stories to two stories at the southwest corner, helping to reduce the building massing. The building mass and design act as a transition to the scale of the surrounding neighborhood.

The Project is an infill project in a high-quality transit area. While the Property is not located in the Mixed-Use Overlay zone, the Project is a well-designed and attractive residential development on an existing underutilized industrial property.

The Property is zoned M-1, and SRO uses are allowed by conditional use permit.

The building is setback ten feet from the property line and separated by a landscape buffer that includes varies plants and shrubs. In the common outdoor courtyard, there are multiple trees of various sizes, as well as raised planters that help create a greener environment for the residents.

The Project creates 121 SRO units each with a floor area of 350-sf. Each unit will have a dishwasher, front loading washing machine and private balcony or patio.

The Project includes seven affordable units, at a very-low-income level, that will have the same high-quality design of the other SRO units. This Project helps satisfy the City’s regional housing need allocation of 5,735 units including 1,485 very low units
Upon approval of the site plan review and issuance of the conditions of approval, the Project will not change the character of the community and will be consistent with the Gardena Municipal Code and General Plan.

B. The proposed development will not adversely affect the orderly and harmonious development of the area and the general welfare of the city.

As set forth above and in the staff report, which is incorporated by reference, the site plan meets all applicable development requirements of the Gardena Municipal Code, and as conditioned, will be compatible with, and not detrimental to, the surrounding land uses and general welfare of the City.

RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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SECTION 3. CONDITIONAL USE PERMIT #5-21
Conditional Use Permit #5-21 for the construction of a SRO residential development in the Industrial (M-1) zone, is hereby approved based on the following findings and subject to the conditions attached hereto as Exhibit A.

A. That the use if one for which a conditional use permit is authorized; As set forth under Section 18.36.030.P of the Gardena Municipal Code (GMC), SRO units are, allowed pursuant to a conditional use permit.

B. That such use is necessary or desirable for the development of the community and is compatible with the surrounding uses; is in harmony with the general plan; is not detrimental to the surrounding properties, existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; and will not be detrimental to the public health, safety or welfare; Under the recently adopted 2021-2029 housing element, the City of Gardena was allocated a regional housing need of 5,735 residential units for the eight-year period, including 1,485 very low-income units. The Project will assist the City in reaching this allocation and continue to provide different housing options. As shown in Section 2 of this Resolution, the Property is compatible with various goals and policies of the City’s Land Use Plan, Community Design Plan, Circulation Plan, Conservation Plan, Public Safety Plan, Noise Plan, and Housing Element.

C. That the site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood;
The Property has a dimension of 141 feet by 310 feet. As set forth above and in the staff report, which is incorporated by reference, the Project meets or exceeds all of the minimum development standards of the M-1 zone, including setbacks, walls, fencing, landscaping, and parking.

D. That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use;
The Circulation Plan of the Gardena General Plan designates Western Avenue as an arterial roadway and West 132nd Street as a collector roadway. Arterial roadways are designed to connect traffic from smaller roadways to freeway interchanges and regional roadway corridors and are the principal urban thoroughfares of the City.

Collector roadways are intended to provide general access to all types of land uses.

The use of the Property for 121 units is not expected to generate more traffic than the existing uses, and therefore, the surrounding streets are properly designed to carry the quantity of traffic generated by the Project.

RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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E. That the conditions stated in the decisions are deemed necessary to protect the public health, safety, and general welfare.

The conditions of approval for Conditional Use Permit #5-21 will ensure that the SRO development will be compatible with, and not detrimental to, the surrounding uses in the vicinity.

GMC Section 18.36.030P.11, requires that a management plan be approved by the Planning Commission for SRO developments. The Project’s Management Plan, attached hereto as Exhibit C, addresses the management and operation of the facility, rental procedures, safety, and security of the residents and building maintenance. Staff finds that the Management Plan complies with the requirements as set forth GMC Section 18.36.030P.11.

SECTION 4. CONDITIONAL USE PERMIT #6-21
Conditional Use Permit #6-21 for the construction of two, six-tier automated parking structures, is hereby approved based on the following findings and subject to the conditions attached hereto as Exhibit A.

A. That the use if one for which a conditional use permit is authorized; GMC Section 18.40.080.B.5 allows for parking flexibility through mechanical vehicles storages, pursuant to a conditional use permit.

B. That such use is necessary or desirable for the development of the community and is compatible with the surrounding uses; is in harmony with the general plan; is not detrimental to the surrounding properties, existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; and will not be detrimental to the public health, safety or welfare; The six-tier automated parking structures allows the Project to meet the minimum parking requirements in less space than a traditional surface parking lots or garages would require. Automated parking structures utilizes the land more efficiently as they do not need ramps for drivers to get in and out of spaces, making it more desirable for developments in the City. Additionally, the six-tier automated parking structures do not need to be as tall as a traditional six-story parking structure. As shown above, the development is consistent with various goals and policies of the General Plan which are in part made possible by being able to utilize this more efficient system. The automated parking structure will not be detrimental to the surrounding properties, existing uses or to uses specifically permitted in the M-1 zone.

C. That the site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood;
The Property has a dimension of 141 feet by 310 feet. As shown above, the Project, including the automated parking structures, meets or exceeds all of the minimum RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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development standards of the M-1 zone, including setbacks, walls, fencing, landscaping, and parking.

D. That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use;
The Circulation Plan of the Gardena General Plan designates Western Avenue as an arterial roadway and West 132nd Street as a collector roadway. The parking structures are accessory uses to that of the SRO residential development and do not add traffic above that of the SRO units themselves. The primary use of the 121 SRO units is not expected to generate more traffic than existing uses, and therefore, the surrounding streets are properly designed to carry the quantity of traffic generated by the Project.

E. That the conditions stated in the decisions are deemed necessary to protect the public health, safety, and general welfare.

The conditions of approval for Conditional Use Permit #6-21, will ensure that the automated parking will be compatible with, and not detrimental to, the surrounding uses in the vicinity.

SECTION 5. NO NET LOSS FINDINGS.

A. The Property is identified in the 2021-2029 Gardena housing element for a housing development that would include 15 lower income units, 4 moderate income units, and 11 above moderate-income units. The Project includes seven affordable units at the very-low-income level, while the remaining 114 units would be at above moderate income. The Project will meet the above moderate housing units that were identified for the site and provide seven out of the 15 identified lower income units. While the Project is providing more overall units than identified in the housing element, the Project does not provide the total lower and moderate-income units assumed.

B. The City was allocated a regional housing need of 5,735 units to plan for the 2021- 2029 planning period, broken down as follows: very low/low-income – 2,246 units; moderate-income – 894 units; and above moderate-income – 2,595 units. However, the housing element plans for a total of 7,399 units, exceeding the City’s allocation by 1,664 units or 29%. This buffer was necessary in order to address the no net loss requirement, of maintaining an adequate inventory of sites. While the Project is not providing the number of housing units of each identified income level as assumed in RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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the housing element, there are more than sufficient sites remaining that are identified in the housing element to accommodate the City’s share of regional housing for the 2021-2029 planning period.

C. The City is in the beginning of the 2021-2029 housing period, and the first reported progress in reaching the regional housing need has not been completed at this time.

However, the housing element does identify several residential development projects with completed entitlements and pending projects in the City, totaling 528 units, that can be completed within the timeframe of this Housing Element. The Project will also assist the City in reaching this allocation and continue to provide different housing options.

SECTION 6. CALIFORNIA ENVIROMENTAL QUALITY ACT FINDINGS.

The Project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the following exemption:

A. Class 32 — Section 15332 – Infill Development Project. The Project is consistent with applicable general plan policies, and also consistent with applicable requirements of the City’s zoning ordinance. The Project is within City limits, on a site less than five acres, and surrounded by urban uses. The Property has no value as a habitat for endangered, rare, or threatened species. The Property is able to be served by all required utilities and public services. The City’s environmental consultant, KimleyHorn, prepared technical studies (Exhibit D) that showed the Project would have less than significant impacts concerning traffic, noise, and air. Additionally, compliance with the National Pollution Discharge Elimination System and requirements of the Gardena Municipal Code would ensure the Project’s construction-related activities would not violate any water quality standards or otherwise substantially degrade surface or groundwater quality, resulting in a less than significant impact. Therefore, the City does not foresee any adverse impacts to traffic, noise, air quality, or water quality.

B. The Project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the Project is predominantly urban and not considered a sensitive environment; therefore, the Project will not result in any significant impacts that may otherwise occur in a sensitive environmental area.

The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state designated scenic highway nor within any designated hazardous waste site. Kimley-Horn also prepared a Cultural Resources Assessment (Exhibit D) that found that neither of the two existing buildings on the Property appear to have historical significance. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this Project C. Staff is hereby directed to file a Notice of Exemption for a Class 32 categorical exemption.

RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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SECTION 7. APPEAL.

The approvals granted by this Resolution may be appealed within 10 calendar days from adoption of this resolution. All appeals must be in writing and filed with the City Clerk within this time period with the appropriate fee. Failure to file a timely written appeal will constitute a waiver of any right of appeal. The City Council may also call this matter for review within the same time period.

SECTION 8. RECORD.

Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information in the findings which precede this section are based on the entire record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 9. CUSTODIAN OF RECORD.

The Custodian of Record for the proceedings relating to the Project is Greg Tsujiuchi, Community Development Director, City of Gardena, 1700 West 162nd Street, Gardena, California 90247. Mr. Tsujiuchi’s email is [email protected] and his phone number is (310) 217-9530.

SECTION 10. EFFECTIVE DATE.

This Resolution shall take effect immediately.

SECTION 11. CERTIFICATION.

The Secretary shall certify the passage of this resolution.

RESO NO. PC 4-22; SPR #5-21; CUP #5-21; CUP #6-21
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PASSED, APPROVED, AND ADOPTED this 15th day of February 2022.

LANGLEY STEPHEN, CHAIR

PLANNING AND ENVIRONMENTAL

QUALITY COMMISSION
ATTEST:
___________________________________

GREG TSUJIUCHI, SECRETARY

PLANNING AND ENVIRONMENTAL QUALITY COMMISSION

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF GARDENA
I, Greg Tsujiuchi, Planning and Environmental Quality Commission Secretary of the City of Gardena, do hereby certify the following:

1. That a copy of this Resolution and the Conditions of Approval (Exhibit A) will be sent to the applicant and to the City Council as a report of the findings and action of the Planning and Environmental Quality Commission; and

2. That the foregoing Resolution was duly adopted by the Planning and Environmental Quality Commission of the City of Gardena at a regular meeting thereof, held the 15th day of February 2022, by the following vote of the Planning and Environmental Quality Commission:

AYES: n, Sherman, Pierce, Jackson, Pierce
NOES:

ABSENT:

Attachments:
 Exhibit A – Draft Conditions of Approval
 Exhibit B – Architectural Plans
 Exhibit C – Property Management Plan
 Exhibit D – CEQA Class 32 Categorical Exemption Technical Studies kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030

TECHNICAL MEMORANDUM
To: Amanda Acuna, Senior Planner, Lisa Kranitz, Assistant City Attorney, City of Gardena
From: Rita Garcia, Project Manager, and Ryan Chiene, Technical Manager Date: November 30, 2021
Subject: Western SRO Apartments Project, City of Gardena – Air Quality Analysis

1.0 INTRODUCTION & PURPOSE
The purpose of this Technical Memorandum is to identify the air quality emissions associated with construction and operations of the proposed Western SRO Apartments project (project), located at 13126 Western Avenue, in the City of Gardena, California (City). This Technical Memorandum has been prepared to support an exemption from the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15332 (In-Fill Development Projects). Specifically, this analysis addresses the project’s potential effects relating to air quality referenced in State CEQA Guidelines Section 15332(d).

2.0 PROJECT DESCRIPTION
Project Location
The proposed project site is located northeast of the West 132nd Street at Western Avenue intersection, at 13126 South Western Avenue in the northern portion of the City of Gardena, County of Los Angeles, California. The assessor’s parcel number (APN) for the project site is APN 6102-006-013. The site is bordered by light-industrial uses; there are single-family residences to the west on Manhattan Place.

Regional access to the project site is provided via Interstate 105 (I-105) from the north and Interstate 110 (I-110) from the east. Local access to the site is provided via Western Avenue and 132nd Street. The project site and surrounding area are characterized as built out and urbanized, with mainly industrial and residential land uses.

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The project would provide 122 parking spaces, of which 114 spaces would be provided in a freestanding six-level automated parking structure, and 8 covered parking spaces (6 standard and 2 compact) would be provided to the south of the parking structure on the ground level.

Additionally, 40 bicycle parking spaces in a stacked rack system would be provided.

3.0 AIR QUALITY IMPACTS
SCAQMD Thresholds
The SCAQMD CEQA Air Quality Handbook provides significance thresholds for volatile organic compounds (VOC) (also referred to as reactive organic gases [ROG]), nitrogen oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), particulate matter 10 microns or less in diameter (PM10), and particulate matter 2.5 microns or less in diameter (PM2.5). The thresholds apply to both project construction and operation within the SCAQMD jurisdictional boundaries.

If a project proposes development in excess of the SCAQMD established thresholds, as outlined in Table 1: South Coast Air Quality Management District Significance Thresholds, a significant air quality impact may occur, and additional analysis is warranted to fully assess the significance of impacts. However, ultimately the lead agency determines the thresholds of significance for impacts.

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 Table 1: South Coast Air Quality Management District Significance Thresholds Pollutant
Mass Daily Thresholds (pounds per day)
Construction Operations
Nitrogen Oxides (NOX) 100 55
Volatile Organic Compounds (VOC)1 75 55
Particulate Matter up to 10 Microns (PM10) 150 150
Particulate Matter up to 2.5 Microns (PM2.5) 55 55
Sulphur Oxides (SOX) 150 150
Carbon Monoxide (CO) 550 550

1. VOCs and ROGs are subsets of organic gases that are emitted from the incomplete combustion of hydrocarbons or other carbon-based fuels. Although they represent slightly different subsets of organic gases, they are used interchangeably for the purposes of this analysis.

Source: South Coast Air Quality Management District, South Coast AQMD Air Quality Significance Thresholds, April 2019.

Construction Emissions
Construction associated with the proposed project would generate short-term emissions of criteria air pollutants. The criteria pollutants of primary concern are ozone-precursor pollutants (i.e., ROG and NOX), PM10, and PM2.5. Construction-generated emissions are short term and of temporary duration, lasting only as long as construction activities occur. Emissions would be considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s thresholds of significance.

Construction results in the temporary generation of emissions resulting from demolition, site preparation, site grading, road paving, motor vehicle exhaust associated with construction equipment and worker trips, and the movement of construction equipment, especially on unpaved surfaces. Emissions of airborne particulate matter are largely dependent on the amount of ground disturbance associated with site preparation activities as well as weather conditions and the appropriate application of water.

The duration of construction activities is estimated to be approximately 16 months, beginning in June 2022. Construction-generated emissions associated with the project were calculated using the California Air Resources Board (CARB)-approved California Emissions Estimator Model version 2020.4.0 (CalEEMod), which is designed to model emissions for land use development projects, based on typical construction requirements. See Appendix A: Air Quality Emissions Data for more information regarding the construction assumptions used in this analysis. Predicted maximum daily construction-generated emissions for the proposed project are identified in Table 2: Project Construction Emissions.

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 Table 2: Project Construction Emissions
Description
Emissions (pounds per day)1
ROG NOX CO SO2 PM10 PM2.5
Maximum Daily Emissions2 12.22 12.39 10.53 0.02 2.91 1.61 SCAQMD Threshold 75 100 550 150 150 55
SCAQMD Threshold Exceeded? No No No No No No

1. SCAQMD Rule 403 Fugitive Dust applied. The Rule 403 reduction/credits include the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Reductions percentages from the SCAQMD CEQA Handbook (Tables XI-A through XI-E) were applied. No mitigation was applied to construction equipment. Refer to Appendix A for Model Data Outputs.

2. To be conservative, the emissions provided here show the maximum daily emissions even though such emissions would not occur throughout the entirety of the construction phase.

Source: CalEEMod version 2020.4.0. Refer to Appendix A for model outputs.

Table 2 shows that construction pollutant emissions would remain below their respective thresholds with implementation of required SCAQMD Rule 403. The project would also be required to comply with SCAQMD Rules 402 and 1113, which prohibit nuisances and limit VOC content in paints, respectively. Compliance with SCAQMD Rules 402 and 1113 would further reduce specific construction-related emissions. As shown above, all criteria pollutant emissions would be below their respective thresholds and impacts would be less than significant.

Operational Emissions
Operational emissions are typically associated with mobile sources (i.e., motor vehicle use) and area sources (such as the use of landscape maintenance equipment, consumer products, and architectural coatings). Energy source emissions would be generated from electricity and natural gas usage. Table 3: Operational Emissions summarizes the operational emissions attributable to the proposed project. As shown in Table 3, the project’s emissions would not exceed SCAQMD thresholds. Therefore, regional operations emissions would result in a less than significant long-term regional air quality impact. It is noted these emissions estimates are conservative, since no credit was taken for the existing land uses (i.e., convenience store and autobody shop) that would be displaced.

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 Table 3: Operational Emissions
Source
Emissions (pounds per day)1
ROG NOX CO SO2 PM10 PM2.5
Area 6.38 2.42 40.42 0.11 5.04 5.04
Energy 0.04 0.34 0.15 0.00 0.03 0.03
Mobile 2.01 2.30 20.73 0.04 4.77 1.29
Total 8.43 5.06 61.29 0.16 9.84 6.36
SCAQMD Threshold 55 55 550 150 150 55
SCAQMD Threshold Exceeded? No No No No No No

1. Emissions were calculated using the California Emissions Estimator Model version 2020.4.0 (CalEEMod), as recommended by the SCAQMD. Worst-case seasonal maximum daily emissions are reported.

Source: CalEEMod version 2020.4.0. Refer to Appendix A for model outputs.

Localized Construction Impacts
The nearest sensitive receptors to the project site are single-family residences located approximately 430 feet to the west of the site. To identify impacts to sensitive receptors, the SCAQMD recommends addressing Localized Significance Thresholds (LSTs) for construction. LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized impacts associated with project-specific developments.

Since CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily soil disturbance activity possible for each piece of equipment, Table 4: Equipment-Specific Grading Rates is used to determine the maximum daily disturbed acreage for comparison to LSTs. For this project, the appropriate source receptor area (SRA) for the localized significance thresholds is the Southwest Coastal LA County (SRA 3) area because since this SRA includes the project site. LSTs apply to NOX, CO, PM10, and PM2.5.

The SCAQMD has look-up tables for projects that disturb areas less than or equal to five acres in size. Based on the daily equipment modeled in CalEEMod, project construction is anticipated to disturb approximately 1.5 acres in a single day. As the LST guidance provides thresholds for projects disturbing 1-, 2-, and 5-acres in size and the thresholds increase with size of the site, the LSTs for a 1.5-acre threshold were interpolated and used for this analysis.

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 Table 4: Equipment-Specific Grading Rates
Construction
Phase Equipment Type
Equipment
Quantity
Acres Graded
per 8-Hour Day
Operating
Hours per Day
Acres Graded
per Day
Grading
Tractor 1 0.5 8 0.5
Graders 1 0.5 8 0.5
Dozers 1 0.5 8 0.5
Scrapers 0 1 8 0
Total Acres Graded per Day 1.5
Source: CalEEMod version 2020.4.0.

The SCAQMD’s methodology indicates that “off-site mobile emissions from the project should not be included in the emissions compared to LSTs.” Therefore, for purposes of the construction LST analysis, only emissions included in the CalEEMod “on-site” emissions outputs were considered. The nearest sensitive receptors to the project site are residences located approximately 430 feet (131 meters) to the west of the site. LST thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. Therefore, LSTs for 100 meters were conservatively used in this analysis. Table 5: Localized Significance of Construction Emissions, presents the results of localized emissions during construction activity. Table 5 shows that the emissions of these pollutants on the peak day of construction would not result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, no significant impacts would occur concerning LSTs during construction activities.

Table 5: Localized Significance of Construction Emissions Source/Activity
Emissions (pounds per day)1,2
NOX CO PM10 PM2.5
Demolition (2022) 6.41 7.47 0.59 0.36
Site Preparation (2022) 6.93 3.96 0.48 0.26
Grading (2022) 12.00 5.94 2.79 1.57
Building Construction (2022) 7.03 7.15 0.37 0.34
Building Construction (2023) 6.42 7.10 0.32 0.29
Paving (2023) 5.50 7.02 0.26 0.25
Architectural Coating (2023) 1.30 1.81 0.07 0.07
Maximum Daily Emissions 12.39 10.53 2.91 1.61
SCAQMD LST (for 1.5 acre at 100 meters) 123 1,377 33 11 Maximum Daily Emissions Exceed SCAQMD Threshold? No No No No

1. CalEEMod version 2020.4.0. Worst-case seasonal maximum daily emissions are reported.

Page 7 ends

kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 Table 5: Localized Significance of Construction Emissions Source/Activity
Emissions (pounds per day)1,2
NOX CO PM10 PM2.5

2. SCAQMD Rule 403 Fugitive Dust applied for construction emissions. The Rule 403 reduction/credits include the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Reductions percentages from the SCAQMD CEQA Handbook (Tables XI-A through XI-E) were applied. No mitigation was applied to construction equipment. Refer to Appendix A for Model Data Outputs.

Localized Operational Impacts
According to the SCAQMD localized significance threshold methodology, operational LSTs apply to on-site sources. LSTs for receptors located at 100 meters for SRA 3 were conservatively used in this analysis. The 1-acre LST threshold was used for the 1-acre project site. The on-site operational emissions were calculated using CalEEMod and are compared to the LST thresholds in Table 6: Localized Significance of Operational Emissions. The operational emissions shown in Table 6 include all on-site project-related stationary sources (i.e., area and energy sources). The table shows that the project would not generate localized emissions during project operations. Therefore, the project would result in a less than significant impact concerning LSTs during operational activities.

Table 6: Localized Significance of Operational Emissions Activity
Emissions (pounds per day)1
NOX CO PM10 PM2.5
On-Site Emissions
(Area and Energy Sources) 2.28 10.91 0.23 0.23
SCAQMD Localized Screening Threshold
(adjusted for 1 acre at 100 meters) 107 1,156 7 3
Exceed SCAQMD Threshold? No No No No

1. Emissions were calculated using the California Emissions Estimator Model version 2020.4.0 (CalEEMod), as recommended by the SCAQMD. Worst-case seasonal maximum daily emissions are reported.

Source: CalEEMod version 2020.4.0. Refer to Appendix A for model outputs.

Carbon Monoxide Hotspots
An analysis of CO “hot spots” is needed to determine whether a change in the level of service (LOS) of an intersection caused by the proposed project would have the potential to result in exceedances of the California Ambient Air Quality Standards or National Ambient Air Quality Standards. It has long been recognized that CO exceedances are caused by vehicular

Page 8 ends

kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 emissions, primarily when vehicles are idling at intersections. Vehicle emissions standards have become increasingly stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations have steadily declined.

Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard. CO attainment was thoroughly analyzed as part of the SCAQMD’s 2003 Air Quality Management Plan. The 2003 Air Quality Management Plan is the most recent AQMP that addresses CO concentrations. As part of the SCAQMD CO Hotspot analysis, the Wilshire Boulevard/Veteran Avenue intersection, one of the most congested intersections in Southern California with an average daily traffic (ADT) volume of approximately 100,000 vehicles per day, was modeled for CO concentrations. This modeling effort identified a CO concentration high of 4.6 parts per million (ppm), which is well below the 35-ppm federal standard. The South Coast Air Basin was re-designated as attainment in 2007 and is no longer addressed in the SCAQMD’s AQMP.

The proposed project considered herein would not produce the volume of traffic required to generate a CO hot spot in the context of SCAQMD’s 2003 CO hot-spot analysis. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection even as it accommodates 100,000 vehicles daily, it can be reasonably inferred that CO hotspots would not be experienced at any vicinity intersections from 658 daily vehicle trips attributable to the project. Therefore, impacts would be less than significant.

4.0 CONCLUSION
As is evidenced by the discussions presented above, the project’s short-term construction and long-term operational air quality impacts would be less than significant. No mitigation measure is required. Therefore, pursuant to State CEQA Guidelines Section 15332(d), the project would not result in any significant effects relating to air quality.

Appendix A
Air Quality Emissions Data
Water Mitigation -
Waste Mitigation - per AB 939
Area Mitigation -
Demolition -
Grading -
Vehicle Trips - Trip Rate based on Trip Generation Memo Woodstoves - No wood burning per SCAQMD rules and regulations Construction Off-road Equipment Mitigation - SCAQMD rule compliance

0.004

1.3 User Entered Comments & Non-Default Data
Project Characteristics -
Land Use - Acreage based on Site Plan
Construction Phase - Schedule based on AQGHG Construction Questionnaire CO2 Intensity
(lb/MWhr)
390.98 CH4 Intensity
(lb/MWhr)

0.033 N2O Intensity
(lb/MWhr)
Climate Zone 8 Operational Year 2023
Utility Company Southern California Edison
346

1.2 Other Project Characteristics
Urbanization Urban Wind Speed (m/s) 2.2 Precipitation Freq (Days) 33 Apartments Mid Rise 121.00 Dwelling Unit 1.00 121,000.00 Western Ave SRO Apartments Project
Los Angeles-South Coast County, Summer

1.0 Project Characteristics

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Maximum 12.2153 12.3747 10.8000 0.0229 5.4397 0.5205 5.9602 2.6026 0.4789 3.0815 0.0000 2,282.4499 2,282.4499 0.4512 0.0612 2,310.4533 2,245.9492 2,245.9492 0.3879 0.0575 2,272.7858

0.4512 0.0612 2,310.4533
2023 12.2153 7.1119 10.4430 0.0224 1.0557 0.3375 1.3844 0.2819 0.3196 0.5843 0.0000 2022 1.1206 12.3747 10.8000 0.0229 5.4397 0.5205 5.9602 2.6026 0.4789 3.0815 0.0000 2,282.4499 2,282.4499 N2O CO2e
Year lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

2.1 Overall Construction (Maximum Daily Emission)
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
tblVehicleTrips SU_TR 4.09 5.44

2.0 Emissions Summary
tblLandUse LotAcreage 3.18 1.00
tblVehicleTrips ST_TR 4.91 5.44
tblFireplaces NumberWood 6.05 0.00
tblGrading MaterialExported 0.00 1,000.00
tblConstructionPhase NumDays 1.00 10.00
tblFireplaces NumberGas 102.85 109.85
tblConstructionPhase NumDays 2.00 60.00
tblConstructionPhase NumDays 5.00 22.00
tblConstructionPhase NumDays 100.00 171.00
tblConstructionPhase NumDays 10.00 20.00
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstructionPhase NumDays 5.00 67.00
tblConstDustMitigation CleanPavedRoadPercentReduction 0 6 tblConstDustMitigation WaterUnpavedRoadMoistureContent 0 12 Table Name Column Name Default Value New Value
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 7,571.4521 8,285.5503 3.7163 0.2415 8,450.4210

0.3078 0.1909 4,856.9720
Total 8.4682 4.8897 61.8167 0.1576 4.7351 5.1014 9.8366 1.2612 5.0990 6.3603 714.0983 Mobile 2.0453 2.1280 21.2541 0.0465 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 4,792.3978 4,792.3978 434.8442 434.8442 8.3300e0037.9700e-003 437.4282

3.4001 0.0427 3,156.0208
Energy 0.0399 0.3406 0.1450 2.1700e-003 0.0275 0.0275 0.0275 0.0275 Area 6.3830 2.4211 40.4176 0.1089 5.0407 5.0407 5.0407 5.0407 714.0983 2,344.2101 3,058.3084 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

2.2 Overall Operational
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

0.00 0.00 0.00 0.00 0.00
Total CO2 CH4 N20 CO2e
Percent Reduction 0.00 0.00 0.00 0.00 47.77 0.00 42.25 51.50 0.00 40.52 0.00

0.4512 0.0612 2,310.4533
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2
Maximum 12.2153 12.3747 10.8000 0.0229 2.3912 0.5205 2.9117 1.1303 0.4789 1.6093 0.0000 2,282.4499 2,282.4499 2,245.9492 2,245.9492 0.3879 0.0575 2,272.7858

0.4512 0.0612 2,310.4533
2023 12.2153 7.1119 10.4430 0.0224 1.0014 0.3375 1.3301 0.2686 0.3196 0.5710 0.0000 2022 1.1206 12.3747 10.8000 0.0229 2.3912 0.5205 2.9117 1.1303 0.4789 1.6093 0.0000 2,282.4499 2,282.4499 CH4 N2O CO2e
Year lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6 Architectural Coating Architectural Coating 6/1/2023 9/1/2023 5 67 5 171
5 Paving Paving 6/1/2023 7/1/2023 5 22
4 Building Construction Building Construction 10/5/2022 5/31/2023 5 10
3 Grading Grading 7/13/2022 10/4/2022 5 60
2 Site Preparation Site Preparation 6/29/2022 7/12/2022 Num Days
Week
Num Days Phase Description
1 Demolition Demolition 6/1/2022 6/28/2022 5 20
Phase
Number
Phase Name Phase Type Start Date End Date

89.83 0.00 9.44

3.0 Construction Detail
Construction Phase
N20 CO2e
Percent Reduction 38.56 9.89 47.98 61.39 0.00 94.84 49.18 0.00 94.88 76.07 100.00 0.00 8.62 Fugitive PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
ROG NOx CO SO2
7,571.4521 7,571.4521 0.3780 0.2415 7,652.8661

0.3078 0.1909 4,856.9720
Total 5.2025 4.4059 32.1593 0.0609 4.7351 0.2633 4.9985 1.2612 0.2610 1.5222 0.0000 Mobile 2.0453 2.1280 21.2541 0.0465 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 4,792.3978 4,792.3978 434.8442 434.8442 8.3300e0037.9700e-003 437.4282

0.0619 0.0427 2,358.4659
Energy 0.0399 0.3406 0.1450 2.1700e-003 0.0275 0.0275 0.0275 0.0275 Area 3.1173 1.9373 10.7603 0.0122 0.2026 0.2026 0.2026 0.2026 0.0000 2,344.2101 2,344.2101 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Architectural Coating 1 17.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT HHDT
Paving 7 18.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 87.00 13.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT
Grading 3 8.00 0.00 125.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Site Preparation 2 5.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix Vendor Vehicle
Class
Hauling Vehicle
Class
Demolition 4 10.00 0.00 55.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number

0.37 Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Tractors/Loaders/Backhoes 1 7.00 97

0.42 Paving Rollers 1 7.00 80 0.38
Paving Pavers 1 7.00 130

0.37 Paving Cement and Mortar Mixers 4 6.00 9 0.56
Building Construction Tractors/Loaders/Backhoes 2 8.00 97

0.29 Building Construction Forklifts 2 6.00 89 0.20
Building Construction Cranes 1 4.00 231

0.40 Grading Tractors/Loaders/Backhoes 1 7.00 97 0.37
Grading Rubber Tired Dozers 1 6.00 247

0.37 Grading Graders 1 6.00 187 0.41
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97

0.37 Site Preparation Graders 1 8.00 187 0.41
Demolition Tractors/Loaders/Backhoes 2 6.00 97

0.73 Demolition Rubber Tired Dozers 1 1.00 247 0.40
Demolition Concrete/Industrial Saws 1 8.00 81
Acres of Paving: 0
Residential Indoor: 245,025; Residential Outdoor: 81,675; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Acres of Grading (Site Preparation Phase): 5
Acres of Grading (Grading Phase): 45
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 291.2260 291.2260 0.0128 0.0322 301.1424

2.8200e0032.5000e-003 104.8288
Total 0.0474 0.4871 0.5018 2.7300e-003 0.1599 4.1500e-003 0.1641 0.0428 3.9400e-003 0.0468 Worker 0.0346 0.0253 0.3941 1.0200e-003 0.1118 7.2000e-004 0.1125 0.0296 6.6000e-004 0.0303 104.0127 104.0127

0.0000 0.0000 0.0000 0.0000 0.0000

9.9400e0030.0297 196.3136
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0128 0.4619 0.1077 1.7100e-003 0.0481 3.4300e-003 0.0516 0.0132 3.2800e-003 0.0165 187.2133 187.2133 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,147.9025 1,147.9025 0.2119 1,153.2001

0.2119 1,153.2001
Total 0.7094 6.4138 7.4693 0.0120 0.5906 0.3375 0.9281 0.0894 0.3225 0.4120

0.0000
Off-Road 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 1,147.9025 1,147.9025

0.0000
CO2e
Category lb/day lb/day
Fugitive Dust 0.5906 0.0000 0.5906 0.0894 0.0000 0.0894 Bio- CO2 NBio- CO2 Total CO2 CH4 N2O
Reduce Vehicle Speed on Unpaved Roads
Clean Paved Roads

3.2 Demolition - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5 Total

3.1 Mitigation Measures Construction
Replace Ground Cover
Water Exposed Area
Water Unpaved Roads
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 291.2260 291.2260 0.0128 0.0322 301.1424

2.8200e0032.5000e-003 104.8288
Total 0.0474 0.4871 0.5018 2.7300e-003 0.1519 4.1500e-003 0.1560 0.0409 3.9400e-003 0.0448 Worker 0.0346 0.0253 0.3941 1.0200e-003 0.1060 7.2000e-004 0.1067 0.0282 6.6000e-004 0.0289 104.0127 104.0127

0.0000 0.0000 0.0000 0.0000 0.0000

9.9400e0030.0297 196.3136
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0128 0.4619 0.1077 1.7100e-003 0.0460 3.4300e-003 0.0494 0.0127 3.2800e-003 0.0159 187.2133 187.2133 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.2119 1,153.2001
Mitigated Construction Off-Site
Total 0.7094 6.4138 7.4693 0.0120 0.2525 0.3375 0.5900 0.0382 0.3225 0.3608 0.0000 1,147.9025 1,147.9025 1,147.9025 1,147.9025 0.2119 1,153.2001

0.0000
Off-Road 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 0.0000 Fugitive Dust 0.2525 0.0000 0.2525 0.0382 0.0000 0.0382 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

52.0064 52.0064 1.4100e0031.2500e-003 52.4144

1.4100e0031.2500e-003 52.4144
Total 0.0173 0.0126 0.1971 5.1000e-004 0.0559 3.6000e-004 0.0563 0.0148 3.3000e-004 0.0152 Worker 0.0173 0.0126 0.1971 5.1000e-004 0.0559 3.6000e-004 0.0563 0.0148 3.3000e-004 0.0152 52.0064 52.0064

0.0000 0.0000 0.0000 0.0000 0.0000

0.3048 950.1386
Unmitigated Construction Off-Site
Total 0.5797 6.9332 3.9597 9.7300e-003 0.5303 0.2573 0.7876 0.0573 0.2367 0.2940 942.5179 942.5179 942.5179 942.5179 0.3048 950.1386

0.0000
Off-Road 0.5797 6.9332 3.9597 9.7300e-003 0.2573 0.2573 0.2367 0.2367 Fugitive Dust 0.5303 0.0000 0.5303 0.0573 0.0000 0.0573 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.3 Site Preparation - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

52.0064 52.0064 1.4100e0031.2500e-003 52.4144

1.4100e0031.2500e-003 52.4144
Total 0.0173 0.0126 0.1971 5.1000e-004 0.0530 3.6000e-004 0.0533 0.0141 3.3000e-004 0.0144 Worker 0.0173 0.0126 0.1971 5.1000e-004 0.0530 3.6000e-004 0.0533 0.0141 3.3000e-004 0.0144 52.0064 52.0064

0.0000 0.0000 0.0000 0.0000 0.0000

0.3048 950.1386
Mitigated Construction Off-Site
Total 0.5797 6.9332 3.9597 9.7300e-003 0.2267 0.2573 0.4840 0.0245 0.2367 0.2612 0.0000 942.5179 942.5179 942.5179 942.5179 0.3048 950.1386

0.0000
Off-Road 0.5797 6.9332 3.9597 9.7300e-003 0.2573 0.2573 0.2367 0.2367 0.0000 Fugitive Dust 0.2267 0.0000 0.2267 0.0245 0.0000 0.0245 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 225.0384 225.0384 9.7800e0030.0245 232.5855

2.2500e0032.0000e-003 83.8630
Total 0.0374 0.3701 0.3969 2.1100e-003 0.1259 3.1700e-003 0.1291 0.0337 3.0200e-003 0.0367 Worker 0.0277 0.0202 0.3153 8.2000e-004 0.0894 5.7000e-004 0.0900 0.0237 5.3000e-004 0.0242 83.2102 83.2102

0.0000 0.0000 0.0000 0.0000 0.0000

7.5300e0030.0225 148.7224
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 9.7100e-003 0.3499 0.0816 1.2900e-003 0.0365 2.6000e-003 0.0391 0.0100 2.4900e-003 0.0125 141.8283 141.8283 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.4414 1,375.8551
Unmitigated Construction Off-Site
Total 1.0832 12.0046 5.9360 0.0141 5.3138 0.5173 5.8311 2.5688 0.4759 3.0447 1,364.8198 1,364.8198 1,364.8198 1,364.8198 0.4414 1,375.8551

0.0000
Off-Road 1.0832 12.0046 5.9360 0.0141 0.5173 0.5173 0.4759 0.4759 Fugitive Dust 5.3138 0.0000 5.3138 2.5688 0.0000 2.5688 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.4 Grading - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 225.0384 225.0384 9.7800e0030.0245 232.5855

2.2500e0032.0000e-003 83.8630
Total 0.0374 0.3701 0.3969 2.1100e-003 0.1196 3.1700e-003 0.1227 0.0322 3.0200e-003 0.0352 Worker 0.0277 0.0202 0.3153 8.2000e-004 0.0848 5.7000e-004 0.0853 0.0226 5.3000e-004 0.0231 83.2102 83.2102

0.0000 0.0000 0.0000 0.0000 0.0000

7.5300e0030.0225 148.7224
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 9.7100e-003 0.3499 0.0816 1.2900e-003 0.0348 2.6000e-003 0.0374 9.5900e-003 2.4900e-003 0.0121 141.8283 141.8283 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.4414 1,375.8551
Mitigated Construction Off-Site
Total 1.0832 12.0046 5.9360 0.0141 2.2717 0.5173 2.7889 1.0982 0.4759 1.5741 0.0000 1,364.8198 1,364.8198 1,364.8198 1,364.8198 0.4414 1,375.8551

0.0000
Off-Road 1.0832 12.0046 5.9360 0.0141 0.5173 0.5173 0.4759 0.4759 0.0000 Fugitive Dust 2.2717 0.0000 2.2717 1.0982 0.0000 1.0982 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,178.5106 1,178.5106 0.0336 0.0612 1,197.5881

0.0245 0.0218 912.0104
Total 0.3267 0.8566 3.6473 0.0115 1.0557 0.0123 1.0680 0.2819 0.0115 0.2934 Worker 0.3011 0.2198 3.4290 8.9000e-003 0.9725 6.2300e-003 0.9787 0.2579 5.7400e-003 0.2636 904.9105 904.9105 273.6001 273.6001 9.1400e0030.0394 285.5777

0.0000 0.0000 0.0000
Vendor 0.0256 0.6368 0.2183 2.5500e-003 0.0833 6.0700e-003 0.0893 0.0240 5.8000e-003 0.0298 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,103.9393 1,103.9393 0.3570 1,112.8652

0.3570 1,112.8652
Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 Off-Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.9393 1,103.9393 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.5 Building Construction - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,178.5106 1,178.5106 0.0336 0.0612 1,197.5881

0.0245 0.0218 912.0104
Total 0.3267 0.8566 3.6473 0.0115 1.0014 0.0123 1.0137 0.2686 0.0115 0.2801 Worker 0.3011 0.2198 3.4290 8.9000e-003 0.9217 6.2300e-003 0.9280 0.2455 5.7400e-003 0.2512 904.9105 904.9105 273.6001 273.6001 9.1400e0030.0394 285.5777

0.0000 0.0000 0.0000
Vendor 0.0256 0.6368 0.2183 2.5500e-003 0.0797 6.0700e-003 0.0858 0.0231 5.8000e-003 0.0289 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,103.9393 1,103.9393 0.3570 1,112.8652

0.3570 1,112.8652
Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 Off-Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.9393 1,103.9393 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,141.3403 1,141.3403 0.0307 0.0575 1,159.2456

0.0219 0.0201 887.5051
Total 0.2936 0.6932 3.3460 0.0110 1.0557 8.3800e-003 1.0641 0.2819 7.8000e-003 0.2897 Worker 0.2786 0.1942 3.1527 8.6100e-003 0.9725 5.8700e-003 0.9783 0.2579 5.4000e-003 0.2633 880.9731 880.9731 260.3672 260.3672 8.7300e0030.0374 271.7404

0.0000 0.0000 0.0000
Vendor 0.0150 0.4990 0.1933 2.4200e-003 0.0833 2.5100e-003 0.0858 0.0240 2.4000e-003 0.0264 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,104.6089 1,104.6089 0.3573 1,113.5402

0.3573 1,113.5402
Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.6089 1,104.6089 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.5 Building Construction - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,141.3403 1,141.3403 0.0307 0.0575 1,159.2456

0.0219 0.0201 887.5051
Total 0.2936 0.6932 3.3460 0.0110 1.0014 8.3800e-003 1.0098 0.2686 7.8000e-003 0.2764 Worker 0.2786 0.1942 3.1527 8.6100e-003 0.9217 5.8700e-003 0.9276 0.2455 5.4000e-003 0.2509 880.9731 880.9731 260.3672 260.3672 8.7300e0030.0374 271.7404

0.0000 0.0000 0.0000
Vendor 0.0150 0.4990 0.1933 2.4200e-003 0.0797 2.5100e-003 0.0822 0.0231 2.4000e-003 0.0255 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,104.6089 1,104.6089 0.3573 1,113.5402

0.3573 1,113.5402
Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.6089 1,104.6089 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 182.2703 182.2703 4.5400e0034.1500e-003 183.6218

4.5400e0034.1500e-003 183.6218
Total 0.0576 0.0402 0.6523 1.7800e-003 0.2012 1.2100e-003 0.2024 0.0534 1.1200e-003 0.0545 Worker 0.0576 0.0402 0.6523 1.7800e-003 0.2012 1.2100e-003 0.2024 0.0534 1.1200e-003 0.0545 182.2703 182.2703

0.0000 0.0000 0.0000 0.0000 0.0000

0.3018 1,043.6331
Unmitigated Construction Off-Site
Total 0.6112 5.5046 7.0209 0.0113 0.2643 0.2643 0.2466 0.2466 1,036.0878 1,036.0878

0.0000 0.0000

0.3018 1,043.6331
Paving 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 0.6112 5.5046 7.0209 0.0113 0.2643 0.2643 0.2466 0.2466 1,036.0878 1,036.0878 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.6 Paving - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 182.2703 182.2703 4.5400e0034.1500e-003 183.6218

4.5400e0034.1500e-003 183.6218
Total 0.0576 0.0402 0.6523 1.7800e-003 0.1907 1.2100e-003 0.1919 0.0508 1.1200e-003 0.0519 Worker 0.0576 0.0402 0.6523 1.7800e-003 0.1907 1.2100e-003 0.1919 0.0508 1.1200e-003 0.0519 182.2703 182.2703

0.0000 0.0000 0.0000 0.0000 0.0000

0.3018 1,043.6331
Mitigated Construction Off-Site
Total 0.6112 5.5046 7.0209 0.0113 0.2643 0.2643 0.2466 0.2466 0.0000 1,036.0878 1,036.0878

0.0000 0.0000

0.3018 1,043.6331
Paving 0.0000 0.0000 0.0000 0.0000 0.0000
Off-Road 0.6112 5.5046 7.0209 0.0113 0.2643 0.2643 0.2466 0.2466 0.0000 1,036.0878 1,036.0878 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 172.1442 172.1442 4.2900e0033.9200e-003 173.4206

4.2900e0033.9200e-003 173.4206
Total 0.0544 0.0380 0.6160 1.6800e-003 0.1900 1.1500e-003 0.1912 0.0504 1.0600e-003 0.0515 Worker 0.0544 0.0380 0.6160 1.6800e-003 0.1900 1.1500e-003 0.1912 0.0504 1.0600e-003 0.0515 172.1442 172.1442

0.0000 0.0000 0.0000 0.0000 0.0000

0.0168 281.8690
Unmitigated Construction Off-Site
Total 11.4921 1.3030 1.8111 2.9700e-003 0.0708 0.0708 0.0708 0.0708 281.4481 281.4481 281.4481 281.4481 0.0168 281.8690

0.0000
Off-Road 0.1917 1.3030 1.8111 2.9700e-003 0.0708 0.0708 0.0708 0.0708 Archit. Coating 11.3004 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.7 Architectural Coating - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4,792.3978 4,792.3978 0.3078 0.1909 4,856.9720
CO2e
Category lb/day lb/day
Mitigated 2.0453 2.1280 21.2541 0.0465 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 Exhaust Bio- CO2 NBio- CO2 Total CO2 CH4 N2O
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5 Total

4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
ROG NOx CO SO2 Fugitive
PM10
172.1442 172.1442 4.2900e0033.9200e-003 173.4206

4.2900e0033.9200e-003 173.4206
Total 0.0544 0.0380 0.6160 1.6800e-003 0.1801 1.1500e-003 0.1813 0.0480 1.0600e-003 0.0490 Worker 0.0544 0.0380 0.6160 1.6800e-003 0.1801 1.1500e-003 0.1813 0.0480 1.0600e-003 0.0490 172.1442 172.1442

0.0000 0.0000 0.0000 0.0000 0.0000

0.0168 281.8690
Mitigated Construction Off-Site
Total 11.4921 1.3030 1.8111 2.9700e-003 0.0708 0.0708 0.0708 0.0708 0.0000 281.4481 281.4481 281.4481 281.4481 0.0168 281.8690

0.0000
Off-Road 0.1917 1.3030 1.8111 2.9700e-003 0.0708 0.0708 0.0708 0.0708 0.0000 Archit. Coating 11.3004 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Unmitigated 2.0453 2.1280 21.2541 0.0465 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 4,792.3978 4,792.3978 0.3078 0.1909 4,856.9720 CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 434.8442 434.8442 8.3300e0037.9700e-003 437.4282

8.3300e0037.9700e-003 437.4282
NaturalGas
Unmitigated

0.0399 0.3406 0.1450 2.1700e-003 0.0275 0.0275 0.0275 0.0275 NaturalGas 2.1700e-003 0.0275 0.0275 0.0275 0.0275 434.8442 434.8442 Mitigated

0.0399 0.3406 0.1450
N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Historical Energy Use: N

5.1 Mitigation Measures Energy
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

0.000611 0.024394 0.000698 0.003374

5.0 Energy Detail
Apartments Mid Rise 0.544785 0.062844 0.187478 0.127235 0.023089 0.006083 0.010475 0.008012 0.000925 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH

4.4 Fleet Mix
Land Use LDA LDT1 LDT2
Apartments Mid Rise 14.70 5.90 8.70 40.20 19.20 40.60 86 11 3 Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by 2,249,306

4.3 Trip Type Information
Miles Trip % Trip Purpose %
Total 658.24 658.24 658.24 2,249,306
Annual VMT
Apartments Mid Rise 658.24 658.24 658.24 2,249,306 2,249,306 Land Use Weekday Saturday Sunday Annual VMT

4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2,344.2101 3,058.3084 3.4001 0.0427 3,156.0208

0.0619 0.0427 2,358.4659
Unmitigated 6.3830 2.4211 40.4176 0.1089 5.0407 5.0407 5.0407 5.0407 714.0983 Mitigated 3.1173 1.9373 10.7603 0.0122 0.2026 0.2026 0.2026 0.2026 0.0000 2,344.2101 2,344.2101 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

7.9700e003437.4282

6.0 Area Detail

6.1 Mitigation Measures Area
Use only Natural Gas Hearths

3.69618 0.0399 0.3406
N2O CO2e
Land Use kBTU/yr lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

7.9700e003437.4282
Mitigated
NaturalGas
Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

0.0275 434.8442 434.8442 8.3300e-003
434.8442 8.3300e-003 7.9700e003437.4282
Total 0.0399 0.3406 0.1450 2.1700e-003 0.0275 0.0275 0.0275 Apartments Mid 0.1450 2.1700e-003 0.0275 0.0275 0.0275 0.0275 434.8442 Rise
3696.18 0.0399 0.3406
CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Exhaust
PM2.5
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2

5.2 Energy by Land Use - NaturalGas
Unmitigated
NaturalGas
Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 3.1173 1.9373 10.7603 0.0122 0.2026 0.2026 0.2026 0.2026 0.0000 2,344.2101 2,344.2101 0.0619 0.0427 2,358.4659

17.9748 17.9748 0.0173 18.4070

0.0446 0.0427 2,340.0590
Landscaping 0.3008 0.1151 9.9849 5.3000e-004 0.0553 0.0553 0.0553 0.0553 Hearth 0.2132 1.8222 0.7754 0.0116 0.1473 0.1473 0.1473 0.1473 0.0000 2,326.2353 2,326.2353

0.0000 0.0000

0.0000
Consumer Products 2.3958 0.0000 0.0000 0.0000 0.0000
Architectural 0.0000 0.0000 0.0000 0.0000 0.0000
Coating

0.2074
CH4 N2O CO2e
SubCategory lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

3.4001 0.0427 3,156.0208
Mitigated
Total 6.3830 2.4211 40.4176 0.1089 5.0407 5.0407 5.0407 5.0407 714.0983 2,344.2101 3,058.3084

17.9748 17.9748 0.0173 18.4070

3.3829 0.0427 3,137.6138
Landscaping 0.3008 0.1151 9.9849 5.3000e-004 0.0553 0.0553 0.0553 0.0553 Hearth 3.4789 2.3060 30.4327 0.1084 4.9854 4.9854 4.9854 4.9854 714.0983 2,326.2353 3,040.3335

0.0000 0.0000

0.0000
Consumer Products 2.3958 0.0000 0.0000 0.0000 0.0000
Architectural 0.0000 0.0000 0.0000 0.0000 0.0000
Coating

0.2074
N2O CO2e
SubCategory lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

6.2 Area by SubCategory
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:28 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Fuel Type
User Defined Equipment
Equipment Type Number

11.0 Vegetation
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Hours/Year Horse Power Load Factor Fuel Type
Boilers

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day

8.0 Waste Detail

8.1 Mitigation Measures Waste
Institute Recycling and Composting Services

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type Install Low Flow Bathroom Faucet
Install Low Flow Kitchen Faucet
Install Low Flow Toilet
Install Low Flow Shower
Use Water Efficient Irrigation System

7.0 Water Detail

7.1 Mitigation Measures Water
Water Mitigation -
Waste Mitigation - per AB 939
Area Mitigation -
Demolition -
Grading -
Vehicle Trips - Trip Rate based on Trip Generation Memo Woodstoves - No wood burning per SCAQMD rules and regulations Construction Off-road Equipment Mitigation - SCAQMD rule compliance

0.004

0.033 N2O Intensity
(lb/MWhr)
Climate Zone 8 Operational Year 2023
Utility Company Southern California Edison
346

1.0 Project Characteristics

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Maximum 12.2236 12.3911 10.5269 0.0224 5.4397 0.5205 5.9602 2.6026 0.4789 3.0815 0.0000 2,234.7080 2,234.7080 0.4512 0.0627 2,263.1778 2,199.9425 2,199.9425 0.3882 0.0590 2,227.2232

0.4512 0.0627 2,263.1778
2023 12.2236 7.1556 10.1942 0.0220 1.0557 0.3375 1.3844 0.2819 0.3196 0.5843 0.0000 2022 1.1223 12.3911 10.5269 0.0224 5.4397 0.5205 5.9602 2.6026 0.4789 3.0815 0.0000 2,234.7080 2,234.7080 N2O CO2e
Year lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

2.1 Overall Construction (Maximum Daily Emission)
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
tblVehicleTrips SU_TR 4.09 5.44

2.0 Emissions Summary
tblLandUse LotAcreage 3.18 1.00
tblVehicleTrips ST_TR 4.91 5.44
tblFireplaces NumberWood 6.05 0.00
tblGrading MaterialExported 0.00 1,000.00
tblConstructionPhase NumDays 1.00 10.00
tblFireplaces NumberGas 102.85 109.85
tblConstructionPhase NumDays 2.00 60.00
tblConstructionPhase NumDays 5.00 22.00
tblConstructionPhase NumDays 100.00 171.00
tblConstructionPhase NumDays 10.00 20.00
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstructionPhase NumDays 5.00 67.00
tblConstDustMitigation CleanPavedRoadPercentReduction 0 6 tblConstDustMitigation WaterUnpavedRoadMoistureContent 0 12 Table Name Column Name Default Value New Value
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 7,366.5575 8,080.6557 3.7249 0.2501 8,248.3042

0.3164 0.1995 4,654.8552
Total 8.4326 5.0614 61.2899 0.1556 4.7351 5.1014 9.8366 1.2612 5.0990 6.3603 714.0983 Mobile 2.0098 2.2997 20.7274 0.0445 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 4,587.5032 4,587.5032 434.8442 434.8442 8.3300e0037.9700e-003 437.4282

2.2 Overall Operational
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

0.00 0.00 0.00 0.00 0.00
Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 47.77 0.00 42.25 51.50 0.00 40.52 0.00

0.4512 0.0627 2,263.1778
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2
Maximum 12.2236 12.3911 10.5269 0.0224 2.3912 0.5205 2.9117 1.1303 0.4789 1.6093 0.0000 2,234.7080 2,234.7080 2,199.9425 2,199.9425 0.3882 0.0590 2,227.2232

0.4512 0.0627 2,263.1778
2023 12.2236 7.1556 10.1942 0.0220 1.0014 0.3375 1.3301 0.2686 0.3196 0.5710 0.0000 2022 1.1223 12.3911 10.5269 0.0224 2.3912 0.5205 2.9117 1.1303 0.4789 1.6093 0.0000 2,234.7080 2,234.7080 CH4 N2O CO2e
Year lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6 Architectural Coating Architectural Coating 6/1/2023 9/1/2023 5 67 5 171
5 Paving Paving 6/1/2023 7/1/2023 5 22
4 Building Construction Building Construction 10/5/2022 5/31/2023 5 10
3 Grading Grading 7/13/2022 10/4/2022 5 60
2 Site Preparation Site Preparation 6/29/2022 7/12/2022 Num Days
Week
Num Days Phase Description
1 Demolition Demolition 6/1/2022 6/28/2022 5 20
Phase
Number
Phase Name Phase Type Start Date End Date

89.62 0.00 9.67

3.0 Construction Detail
Construction Phase
N20 CO2e
Percent
Reduction

38.73 9.56 48.39 62.18 0.00 94.84 49.18 0.00 94.88 76.07 100.00 0.00 8.84 PM2.5
Total
Fugitive Bio- CO2 NBio-CO2 Total CO2 CH4
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
ROG NOx CO SO2
7,366.5575 7,366.5575 0.3866 0.2501 7,450.7493

0.3164 0.1995 4,654.8552
Total 5.1669 4.5776 31.6326 0.0589 4.7351 0.2634 4.9985 1.2612 0.2610 1.5222 0.0000 Mobile 2.0098 2.2997 20.7274 0.0445 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 4,587.5032 4,587.5032 434.8442 434.8442 8.3300e0037.9700e-003 437.4282

0.0619 0.0427 2,358.4659
Energy 0.0399 0.3406 0.1450 2.1700e-003 0.0275 0.0275 0.0275 0.0275 Area 3.1173 1.9373 10.7603 0.0122 0.2026 0.2026 0.2026 0.2026 0.0000 2,344.2101 2,344.2101 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Architectural Coating 1 17.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT HHDT
Paving 7 18.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 87.00 13.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT
Grading 3 8.00 0.00 125.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Site Preparation 2 5.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix Vendor Vehicle
Class
Hauling Vehicle
Class
Demolition 4 10.00 0.00 55.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number

0.37 Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Tractors/Loaders/Backhoes 1 7.00 97

0.42 Paving Rollers 1 7.00 80 0.38
Paving Pavers 1 7.00 130

0.37 Paving Cement and Mortar Mixers 4 6.00 9 0.56
Building Construction Tractors/Loaders/Backhoes 2 8.00 97

0.29 Building Construction Forklifts 2 6.00 89 0.20
Building Construction Cranes 1 4.00 231

0.40 Grading Tractors/Loaders/Backhoes 1 7.00 97 0.37
Grading Rubber Tired Dozers 1 6.00 247

0.37 Grading Graders 1 6.00 187 0.41
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97

0.37 Site Preparation Graders 1 8.00 187 0.41
Demolition Tractors/Loaders/Backhoes 2 6.00 97

0.73 Demolition Rubber Tired Dozers 1 1.00 247 0.40
Demolition Concrete/Industrial Saws 1 8.00 81
Acres of Paving: 0
Residential Indoor: 245,025; Residential Outdoor: 81,675; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Acres of Grading (Site Preparation Phase): 5
Acres of Grading (Grading Phase): 45
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Mitigated Construction On-Site
285.7815 285.7815 0.0128 0.0324 295.7523

2.8500e0032.6700e00399.3813
Total 0.0496 0.5085 0.4715 2.6800e-003 0.1599 4.1600e0030.1641 0.0428 3.9500e0030.0468

6.6000e0049.7000e-004 0.1118 7.2000e- 0.0303 98.5133 98.5133 004
Worker 0.0371 0.0279 0.3619 0.1125 0.0296

0.0000 0.0000 0.0000 0.0000 0.0000

9.9300e0030.0297 196.3710
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

3.2900e0031.7100e-003 0.0481 3.4400e- 0.0165 187.2682 187.2682 003
Hauling 0.0125 0.4806 0.1096 0.0516 0.0132
N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,147.9025 1,147.9025 0.2119 1,153.2001

0.2119 1,153.2001
Total 0.7094 6.4138 7.4693 0.0120 0.5906 0.3375 0.9281 0.0894 0.3225 0.4120

0.0000
Off-Road 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 1,147.9025 1,147.9025

0.0000
CO2e
Category lb/day lb/day
Fugitive Dust 0.5906 0.0000 0.5906 0.0894 0.0000 0.0894 Bio- CO2 NBio- CO2 Total CO2 CH4 N2O
Reduce Vehicle Speed on Unpaved Roads
Clean Paved Roads

3.2 Demolition - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5 Total

3.1 Mitigation Measures Construction
Replace Ground Cover
Water Exposed Area
Water Unpaved Roads
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 285.7815 285.7815 0.0128 0.0324 295.7523

2.8500e0032.6700e00399.3813
Total 0.0496 0.5085 0.4715 2.6800e-003 0.1519 4.1600e0030.1561 0.0409 3.9500e0030.0448

6.6000e0049.7000e-004 0.1060 7.2000e- 0.0289 98.5133 98.5133 004
Worker 0.0371 0.0279 0.3619 0.1067 0.0282

0.0000 0.0000 0.0000 0.0000 0.0000

9.9300e0030.0297 196.3710
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

3.2900e0031.7100e-003 0.0460 3.4400e- 0.0160 187.2682 187.2682 003
Hauling 0.0125 0.4806 0.1096 0.0494 0.0127
CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.2119 1,153.2001
Mitigated Construction Off-Site
Total 0.7094 6.4138 7.4693 0.0120 0.2525 0.3375 0.5900 0.0382 0.3225 0.3608 0.0000 1,147.9025 1,147.9025 1,147.9025 1,147.9025 0.2119 1,153.2001

0.0000
Off-Road 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 0.0000 Fugitive Dust 0.2525 0.0000 0.2525 0.0382 0.0000 0.0382 0.0000 N2O CO2e
Category lb/day lb/day
ROG NOx CO SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

49.2567 49.2567 1.4200e0031.3400e00349.6907

1.4200e0031.3400e00349.6907
Total 0.0185 0.0140 0.1809 4.8000e-004 0.0559 3.6000e0040.0563 0.0148 3.3000e0040.0152

3.3000e0044.8000e-004 0.0559 3.6000e- 0.0152 49.2567 49.2567 004
Worker 0.0185 0.0140 0.1809 0.0563 0.0148

0.0000 0.0000 0.0000 0.0000 0.0000

0.3048 950.1386
Unmitigated Construction Off-Site
Total 0.5797 6.9332 3.9597 9.7300e-003 0.5303 0.2573 0.7876 0.0573 0.2367 0.2940 942.5179 942.5179 942.5179 942.5179 0.3048 950.1386

3.3 Site Preparation - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

49.2567 49.2567 1.4200e0031.3400e00349.6907

1.4200e0031.3400e00349.6907
Total 0.0185 0.0140 0.1809 4.8000e-004 0.0530 3.6000e0040.0533 0.0141 3.3000e0040.0144

3.3000e0044.8000e-004 0.0530 3.6000e- 0.0144 49.2567 49.2567 004
Worker 0.0185 0.0140 0.1809 0.0533 0.0141

0.0000 0.0000 0.0000 0.0000 0.0000

0.3048 950.1386
Mitigated Construction Off-Site
Total 0.5797 6.9332 3.9597 9.7300e-003 0.2267 0.2573 0.4840 0.0245 0.2367 0.2612 0.0000 942.5179 942.5179 942.5179 942.5179 0.3048 950.1386

0.0000
Off-Road 0.5797 6.9332 3.9597 9.7300e-003 0.2573 0.2573 0.2367 0.2367 0.0000 Fugitive Dust 0.2267 0.0000 0.2267 0.0245 0.0000 0.0245 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 220.6805 220.6805 9.8000e0030.0247 228.2710

2.2800e0032.1400e00379.5051
Total 0.0391 0.3864 0.3725 2.0700e-003 0.1259 3.1700e0030.1291 0.0337 3.0200e0030.0367

5.3000e0047.7000e-004 0.0894 5.7000e- 0.0242 78.8107 78.8107 004
Worker 0.0296 0.0223 0.2895 0.0900 0.0237

0.0000 0.0000 0.0000 0.0000 0.0000

7.5200e0030.0225 148.7659
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

2.4900e0031.3000e-003 0.0365 2.6000e- 0.0125 141.8698 141.8698 003
Hauling 9.4700e-003 0.3641 0.0830 0.0391 0.0100
CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.4414 1,375.8551
Unmitigated Construction Off-Site
Total 1.0832 12.0046 5.9360 0.0141 5.3138 0.5173 5.8311 2.5688 0.4759 3.0447 1,364.8198 1,364.8198 1,364.8198 1,364.8198 0.4414 1,375.8551

3.4 Grading - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 220.6805 220.6805 9.8000e0030.0247 228.2710

2.2800e0032.1400e00379.5051
Total 0.0391 0.3864 0.3725 2.0700e-003 0.1196 3.1700e0030.1228 0.0322 3.0200e0030.0352

5.3000e0047.7000e-004 0.0848 5.7000e- 0.0231 78.8107 78.8107 004
Worker 0.0296 0.0223 0.2895 0.0853 0.0226

0.0000 0.0000 0.0000 0.0000 0.0000

7.5200e0030.0225 148.7659
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

2.4900e0031.3000e-003 0.0348 2.6000e- 0.0121 141.8698 141.8698 003
Hauling 9.4700e-003 0.3641 0.0830 0.0374 9.5900e-003
CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.4414 1,375.8551
Mitigated Construction Off-Site
Total 1.0832 12.0046 5.9360 0.0141 2.2717 0.5173 2.7889 1.0982 0.4759 1.5741 0.0000 1,364.8198 1,364.8198 1,364.8198 1,364.8198 0.4414 1,375.8551

0.0000
Off-Road 1.0832 12.0046 5.9360 0.0141 0.5173 0.5173 0.4759 0.4759 0.0000 Fugitive Dust 2.2717 0.0000 2.2717 1.0982 0.0000 1.0982 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,130.7687 1,130.7687 0.0339 0.0627 1,150.3126

0.0248 0.0233 864.6177
Total 0.3476 0.9060 3.3742 0.0110 1.0557 0.0123 1.0681 0.2819 0.0116 0.2934

5.7400e0038.4200e-003 0.9725 6.2300e- 0.2636 857.0659 857.0659 003
Worker 0.3224 0.2429 3.1483 0.9787 0.2579
273.7029 273.7029 9.1100e0030.0395 285.6949

0.0000 0.0000 0.0000
Vendor 0.0253 0.6631 0.2259 2.5500e-003 0.0833 6.0900e0030.0894 0.0240 5.8200e0030.0298 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,103.9393 1,103.9393 0.3570 1,112.8652

3.5 Building Construction - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,104.6089 1,104.6089 0.3573 1,113.5402

3.5 Building Construction - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,130.7687 1,130.7687 0.0339 0.0627 1,150.3126

0.0248 0.0233 864.6177
Total 0.3476 0.9060 3.3742 0.0110 1.0014 0.0123 1.0138 0.2686 0.0116 0.2801

5.7400e0038.4200e-003 0.9217 6.2300e- 0.2512 857.0659 857.0659 003
Worker 0.3224 0.2429 3.1483 0.9280 0.2455
273.7029 273.7029 9.1100e0030.0395 285.6949

0.0000 0.0000 0.0000
Vendor 0.0253 0.6631 0.2259 2.5500e-003 0.0797 6.0900e0030.0858 0.0231 5.8200e0030.0289 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,103.9393 1,103.9393 0.3570 1,112.8652

0.3570 1,112.8652
Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 Off-Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.9393 1,103.9393 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1,104.6089 1,104.6089 0.3573 1,113.5402

0.0222 0.0215 841.4746
Total 0.3138 0.7370 3.0972 0.0106 1.0557 8.3900e0031.0641 0.2819 7.8100e0030.2897

5.4000e0038.1500e-003 0.9725 5.8700e- 0.2633 834.5272 834.5272 003
Worker 0.2993 0.2146 2.8978 0.9783 0.2579
260.8064 260.8064 8.6900e0030.0375 272.2084

0.0000 0.0000 0.0000
Vendor 0.0145 0.5224 0.1994 2.4200e-003 0.0833 2.5200e0030.0858 0.0240 2.4100e0030.0264 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 0.6112 5.5046 7.0209 0.0113 0.2643 0.2643 0.2466 0.2466 1,036.0878 1,036.0878 0.3018 1,043.6331

0.0000 0.0000

3.6 Paving - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
1,095.3336 1,095.3336 0.0309 0.0590 1,113.6830

0.0222 0.0215 841.4746
Total 0.3138 0.7370 3.0972 0.0106 1.0014 8.3900e0031.0098 0.2686 7.8100e0030.2764

5.4000e0038.1500e-003 0.9217 5.8700e- 0.2509 834.5272 834.5272 003
Worker 0.2993 0.2146 2.8978 0.9276 0.2455
260.8064 260.8064 8.6900e0030.0375 272.2084

0.0000 0.0000 0.0000
Vendor 0.0145 0.5224 0.1994 2.4200e-003 0.0797 2.5200e0030.0822 0.0231 2.4100e0030.0255 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 0.6112 5.5046 7.0209 0.0113 0.2643 0.2643 0.2466 0.2466 0.0000 1,036.0878 1,036.0878 0.3018 1,043.6331

0.0000 0.0000

4.6000e0034.4400e003174.0982
Total 0.0619 0.0444 0.5996 1.6900e-003 0.2012 1.2100e0030.2024 0.0534 1.1200e0030.0545

1.1200e0031.6900e-003 0.2012 1.2100e- 0.0545 172.6608 172.6608 003
Worker 0.0619 0.0444 0.5996 0.2024 0.0534

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 11.4921 1.3030 1.8111 2.9700e-003 0.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 281.4481 281.4481 0.0168 281.8690

3.7 Architectural Coating - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
172.6608 172.6608 4.6000e0034.4400e003174.0982

4.6000e0034.4400e003174.0982
Total 0.0619 0.0444 0.5996 1.6900e-003 0.1907 1.2100e0030.1919 0.0508 1.1200e0030.0519

1.1200e0031.6900e-003 0.1907 1.2100e- 0.0519 172.6608 172.6608 003
Worker 0.0619 0.0444 0.5996 0.1919 0.0508

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 11.4921 1.3030 1.8111 2.9700e-003 0.0708 0.0708 0.0708 0.0708 0.0000 281.4481 281.4481 0.0168 281.8690 281.4481 281.4481 0.0168 281.8690

4.3500e0034.1900e003164.4261
Total 0.0585 0.0419 0.5662 1.5900e-003 0.1900 1.1500e0030.1912 0.0504 1.0600e0030.0515

1.0600e0031.5900e-003 0.1900 1.1500e- 0.0515 163.0685 163.0685 003
Worker 0.0585 0.0419 0.5662 0.1912 0.0504

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apartments Mid Rise 14.70 5.90 8.70 40.20 19.20 40.60 86 11 3 Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by 2,249,306

0.1995 4,654.8552

4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
Unmitigated 2.0098 2.2997 20.7274 0.0445 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 4,587.5032 4,587.5032 0.3164 4,587.5032 4,587.5032 0.3164 0.1995 4,654.8552
CO2e
Category lb/day lb/day
Mitigated 2.0098 2.2997 20.7274 0.0445 4.7351 0.0332 4.7684 1.2612 0.0308 1.2921 Exhaust Bio- CO2 NBio- CO2 Total CO2 CH4 N2O
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5 Total

4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
ROG NOx CO SO2 Fugitive
PM10
163.0685 163.0685 4.3500e0034.1900e003164.4261

4.3500e0034.1900e003164.4261
Total 0.0585 0.0419 0.5662 1.5900e-003 0.1801 1.1500e0030.1813 0.0480 1.0600e0030.0490

1.0600e0031.5900e-003 0.1801 1.1500e- 0.0490 163.0685 163.0685 003
Worker 0.0585 0.0419 0.5662 0.1813 0.0480

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 CH4 N2O CO2e
Category lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

7.9700e0030.0275 434.8442 434.8442 8.3300e-003 437.4282 434.8442 8.3300e-003 7.9700e003437.4282
Total 0.0399 0.3406 0.1450 2.1700e0030.0275 0.0275 0.0275

0.1450 2.1700e- 0.0275 0.0275 434.8442
003
Apartments Mid 0.0275 0.0275
Rise
3696.18 0.0399 0.3406
CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Exhaust
PM2.5
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2

5.2 Energy by Land Use - NaturalGas
Unmitigated
NaturalGas
Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
434.8442 434.8442 8.3300e0037.9700e-003 437.4282

8.3300e0037.9700e-003 437.4282
NaturalGas
Unmitigated

0.0399 0.3406 0.1450 2.1700e-003 0.0275 0.0275 0.0275 0.0275 NaturalGas 2.1700e-003 0.0275 0.0275 0.0275 0.0275 434.8442 434.8442 Mitigated

0.0399 0.3406 0.1450
N2O CO2e
Category lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Historical Energy Use: N

5.1 Mitigation Measures Energy
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

0.000611 0.024394 0.000698 0.003374

5.0 Energy Detail
Apartments Mid Rise 0.544785 0.062844 0.187478 0.127235 0.023089 0.006083 0.010475 0.008012 0.000925 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH

4.4 Fleet Mix
Land Use LDA LDT1 LDT2
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

17.9748 17.9748 0.0173 18.4070

3.3829 0.0427 3,137.6138
Landscaping 0.3008 0.1151 9.9849 5.3000e-004 0.0553 0.0553 0.0553 0.0553 Hearth 3.4789 2.3060 30.4327 0.1084 4.9854 4.9854 4.9854 4.9854 714.0983 2,326.2353 3,040.3335

0.0000 0.0000

0.0000
Consumer
Products

2.3958 0.0000 0.0000 0.0000 0.0000
Architectural 0.0000 0.0000 0.0000 0.0000 0.0000
Coating

0.2074
N2O CO2e
SubCategory lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

6.2 Area by SubCategory
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
2,344.2101 3,058.3084 3.4001 0.0427 3,156.0208

7.9700e003437.4282

6.0 Area Detail

6.1 Mitigation Measures Area
Use only Natural Gas Hearths

0.0275 434.8442 434.8442 8.3300e-003
434.8442 8.3300e-003 7.9700e003437.4282
Total 0.0399 0.3406 0.1450 2.1700e0030.0275 0.0275 0.0275

0.1450 2.1700e- 0.0275 0.0275 434.8442
003
Apartments Mid 0.0275 0.0275
Rise

3.69618 0.0399 0.3406
N2O CO2e
Land Use kBTU/yr lb/day lb/day
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated
NaturalGas
Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 6.3830 2.4211 40.4176 0.1089 5.0407 5.0407 5.0407 5.0407 714.0983 2,344.2101 3,058.3084 3.4001 0.0427 3,156.0208 CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

8.0 Waste Detail

8.1 Mitigation Measures Waste
Institute Recycling and Composting Services

0.0619 0.0427 2,358.4659

7.0 Water Detail

7.1 Mitigation Measures Water
Total 3.1173 1.9373 10.7603 0.0122 0.2026 0.2026 0.2026 0.2026 0.0000 2,344.2101 2,344.2101

17.9748 17.9748 0.0173 18.4070

0.0446 0.0427 2,340.0590
Landscaping 0.3008 0.1151 9.9849 5.3000e-004 0.0553 0.0553 0.0553 0.0553 Hearth 0.2132 1.8222 0.7754 0.0116 0.1473 0.1473 0.1473 0.1473 0.0000 2,326.2353 2,326.2353

0.0000 0.0000

0.0000
Consumer
Products

2.3958 0.0000 0.0000 0.0000 0.0000
Architectural 0.0000 0.0000 0.0000 0.0000 0.0000
Coating

0.2074
CH4 N2O CO2e
SubCategory lb/day lb/day
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:30 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Fuel Type
User Defined Equipment
Equipment Type Number

11.0 Vegetation
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Hours/Year Horse Power Load Factor Fuel Type
Boilers

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day
Water Mitigation -
Waste Mitigation - per AB 939
Area Mitigation -
Demolition -
Grading -
Vehicle Trips - Trip Rate based on Trip Generation Memo Woodstoves - No wood burning per SCAQMD rules and regulations Construction Off-road Equipment Mitigation - SCAQMD rule compliance

0.004

0.033 N2O Intensity
(lb/MWhr)
Climate Zone 8 Operational Year 2023
Utility Company Southern California Edison
346

1.0 Project Characteristics

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

0.0269 3.0800e003Maximum 0.4440 0.7261 0.7185 1.4900e-003 0.2061 0.0324 0.2386 0.0885 0.0300 0.1184 0.0000 134.0390 134.0390 135.5242 134.0390 134.0390 0.0227 3.0800e003135.5242

0.0269 2.7700e003126.4263
2023 0.4440 0.4929 0.7185 1.4900e-003 0.0643 0.0231 0.0874 0.0172 0.0215 0.0387 0.0000 2022 0.0760 0.7261 0.6237 1.3900e-003 0.2061 0.0324 0.2386 0.0885 0.0300 0.1184 0.0000 124.9274 124.9274 N2O CO2e
Year tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

2.1 Overall Construction
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
tblVehicleTrips SU_TR 4.09 5.44

2.0 Emissions Summary
tblLandUse LotAcreage 3.18 1.00
tblVehicleTrips ST_TR 4.91 5.44
tblFireplaces NumberWood 6.05 0.00
tblGrading MaterialExported 0.00 1,000.00
tblConstructionPhase NumDays 1.00 10.00
tblFireplaces NumberGas 102.85 109.85
tblConstructionPhase NumDays 2.00 60.00
tblConstructionPhase NumDays 5.00 22.00
tblConstructionPhase NumDays 100.00 171.00
tblConstructionPhase NumDays 10.00 20.00
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstructionPhase NumDays 5.00 67.00
tblConstDustMitigation CleanPavedRoadPercentReduction 0 6 tblConstDustMitigation WaterUnpavedRoadMoistureContent 0 12 Table Name Column Name Default Value New Value
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Highest 0.4922 0.4922
6 9-1-2023 9-30-2023 0.0046 0.0046
5 6-1-2023 8-31-2023 0.4922 0.4922
4 3-1-2023 5-31-2023 0.2648 0.2648
3 12-1-2022 2-28-2023 0.2700 0.2700
2 9-1-2022 11-30-2022 0.3464 0.3464
1 6-1-2022 8-31-2022 0.3553 0.3553
Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter)

0.00 0.00 0.00 0.00 0.00
Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 37.50 0.00 31.11 43.62 0.00 29.34 0.00

0.0269 3.0800e003135.5241
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2
Maximum 0.4440 0.7261 0.7185 1.4900e-003 0.1080 0.0324 0.1404 0.0432 0.0300 0.0731 0.0000 134.0390 134.0390 134.0390 134.0390 0.0227 3.0800e003135.5241

0.0269 2.7700e003126.4262
2023 0.4440 0.4929 0.7185 1.4900e-003 0.0610 0.0231 0.0841 0.0164 0.0215 0.0378 0.0000 2022 0.0760 0.7261 0.6237 1.3900e-003 0.1080 0.0324 0.1404 0.0432 0.0300 0.0731 0.0000 124.9273 124.9273 CH4 N2O CO2e
Year tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 972.0238 979.6739 0.6042 0.0409 1,006.9621

0.2075 5.1000e-003 32.4666
Total 0.8823 0.5240 5.0934 8.8000e-003 0.8450 0.0198 0.8648 0.2254 0.0194 0.2448 7.6501 Water 0.0000 0.0000 0.0000 0.0000 2.0009 23.7593 25.7602

0.0000 5.6492 0.3339 0.0000 13.9958

0.0520 0.0332 776.7616
Waste 0.0000 0.0000 0.0000 0.0000 5.6492

5.6000e0038.1900e-003 0.8450 6.0400e- 0.2310 0.0000 765.5843 765.5843 003
Mobile 0.3597 0.4247 3.8091 0.8510 0.2254
154.2628 154.2628 8.3200e0032.1600e-003 155.1150

2.4700e0034.8000e-004 28.6231
Energy 7.2700e0030.0622 0.0265 4.0000e-004 5.0300e0035.0300e-003 5.0300e0035.0300e-003 0.0000

8.7500e0032.1000e-004 8.7500e- 8.7500e-003 0.0000 28.4174 28.4174 003
Area 0.5154 0.0372 1.2578 8.7500e-003
N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
976.2621 998.1595 1.0276 0.0421 1,036.4084

0.2593 6.3500e-003 38.8730
Total 0.9231 0.5300 5.4641 0.0100 0.8450 0.0803 0.9253 0.2254 0.0799 0.3053 21.8973 Water 0.0000 0.0000 0.0000 0.0000 2.5011 27.9977 30.4988

0.0000 11.2985 0.6677 0.0000 27.9915

0.0520 0.0332 776.7616
Waste 0.0000 0.0000 0.0000 0.0000 11.2985

5.6000e0038.1900e-003 0.8450 6.0400e- 0.2310 0.0000 765.5843 765.5843 003
Mobile 0.3597 0.4247 3.8091 0.8510 0.2254
154.2628 154.2628 8.3200e0032.1600e-003 155.1150

0.0403 4.8000e-004 37.6673
Energy 7.2700e0030.0622 0.0265 4.0000e-004 5.0300e0035.0300e-003 5.0300e0035.0300e-003 0.0000 Area 0.5562 0.0432 1.6285 1.4200e-003 0.0692 0.0692 0.0692 0.0692 8.0977 28.4174 36.5151 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

2.2 Overall Operational
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

0.40 Grading Tractors/Loaders/Backhoes 1 7.00 97 0.37
Grading Rubber Tired Dozers 1 6.00 247

0.37 Grading Graders 1 6.00 187 0.41
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97

0.37 Site Preparation Graders 1 8.00 187 0.41
Demolition Tractors/Loaders/Backhoes 2 6.00 97

0.73 Demolition Rubber Tired Dozers 1 1.00 247 0.40
Demolition Concrete/Industrial Saws 1 8.00 81
Acres of Paving: 0
Residential Indoor: 245,025; Residential Outdoor: 81,675; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor 5 67
Acres of Grading (Site Preparation Phase): 5
Acres of Grading (Grading Phase): 45
6 Architectural Coating Architectural Coating 6/1/2023 9/1/2023 5 171
5 Paving Paving 6/1/2023 7/1/2023 5 22
4 Building Construction Building Construction 10/5/2022 5/31/2023 5 10
3 Grading Grading 7/13/2022 10/4/2022 5 60
2 Site Preparation Site Preparation 6/29/2022 7/12/2022 Num Days
Week
Num Days Phase Description
1 Demolition Demolition 6/1/2022 6/28/2022 5 20
Phase
Number
Phase Name Phase Type Start Date End Date

41.21 2.97 2.84

3.0 Construction Detail
Construction Phase
N20 CO2e
Percent
Reduction

4.42 1.14 6.78 12.09 0.00 75.32 6.54 0.00 75.73 19.81 65.06 0.43 1.85 Fugitive PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
ROG NOx CO SO2
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Reduce Vehicle Speed on Unpaved Roads
Clean Paved Roads
HHDT

3.1 Mitigation Measures Construction
Replace Ground Cover
Water Exposed Area
Water Unpaved Roads
Architectural Coating 1 17.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT
Paving 7 18.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 87.00 13.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT
Grading 3 8.00 0.00 125.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Site Preparation 2 5.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix Vendor Vehicle
Class
Hauling
Vehicle Class
Demolition 4 10.00 0.00 55.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number

0.37 Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Tractors/Loaders/Backhoes 1 7.00 97

0.42 Paving Rollers 1 7.00 80 0.38
Paving Pavers 1 7.00 130

0.37 Paving Cement and Mortar Mixers 4 6.00 9 0.56
Building Construction Tractors/Loaders/Backhoes 2 8.00 97

0.29 Building Construction Forklifts 2 6.00 89 0.20
Building Construction Cranes 1 4.00 231
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

2.6057 2.6057 1.2000e0042.9000e0042.6962

3.0000e0052.0000e0050.9151
Total 4.7000e0045.1500e-003 4.7900e-003 3.0000e-005 1.5700e0034.0000e0051.6100e-003 4.2000e0044.0000e0054.6000e-004 0.0000

1.0000e0051.0000e-005 1.1000e- 3.0000e-004 0.0000 0.9071 0.9071 003

1.0000e0051.1000e-003 2.9000e004Worker 3.4000e0042.9000e-004 3.7100e-003

0.0000 0.0000 0.0000 0.0000 0.0000

9.0000e0052.7000e0041.7812
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

3.0000e0052.0000e-005 4.7000e- 1.6000e-004 0.0000 1.6986 1.6986 004

3.0000e0055.1000e-004 1.3000e004Hauling 1.3000e0044.8600e-003 1.0800e-003 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

10.4136 10.4136 1.9200e0030.0000 10.4617

1.9200e0030.0000 10.4617
Total 7.0900e0030.0641 0.0747 1.2000e-004 5.9100e0033.3800e0039.2900e-003 8.9000e0043.2300e0034.1200e-003 0.0000

0.0000
Off-Road 7.0900e0030.0641 0.0747 1.2000e-004 3.3800e0033.3800e-003 3.2300e0033.2300e-003 0.0000 10.4136 10.4136

0.0000 0.0000 0.0000 0.0000 0.0000
CO2e
Category tons/yr MT/yr
Fugitive Dust 5.9100e0030.0000 5.9100e-003 8.9000e0040.0000 8.9000e-004 Bio- CO2 NBio- CO2 Total CO2 CH4 N2O

3.2 Demolition - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5 Total
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

2.6057 2.6057 1.2000e0042.9000e0042.6962

3.0000e0052.0000e0050.9151
Total 4.7000e0045.1500e-003 4.7900e-003 3.0000e-005 1.4900e0034.0000e0051.5400e-003 4.0000e0044.0000e0054.4000e-004 0.0000

1.0000e0051.0000e-005 1.0400e- 2.8000e-004 0.0000 0.9071 0.9071 003

1.0000e0051.0500e-003 2.8000e004Worker 3.4000e0042.9000e-004 3.7100e-003

0.0000 0.0000 0.0000 0.0000 0.0000

9.0000e0052.7000e0041.7812
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

3.0000e0052.0000e-005 4.5000e- 1.6000e-004 0.0000 1.6986 1.6986 004

3.0000e0054.9000e-004 1.2000e004Hauling 1.3000e0044.8600e-003 1.0800e-003 CH4 N2O CO2e
Category tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

1.9200e0030.0000 10.4616
Mitigated Construction Off-Site

3.2300e0031.2000e-004 2.5200e- 3.6100e-003 0.0000 10.4136 10.4136 003

3.3800e0035.9000e-003 3.8000e004Total 7.0900e0030.0641 0.0747

10.4136 10.4136 1.9200e0030.0000 10.4616

0.0000 0.0000 0.0000
Off-Road 7.0900e0030.0641 0.0747 1.2000e-004 3.3800e0033.3800e-003 3.2300e0033.2300e-003 0.0000

2.5200e- 0.0000 3.8000e-004 0.0000 0.0000 0.0000
003

0.0000 2.5200e-003 3.8000e004Fugitive Dust
N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

0.2268 0.2268 1.0000e0051.0000e0050.2288

1.0000e0051.0000e0050.2288
Total 9.0000e0057.0000e-005 9.3000e-004 0.0000 2.7000e0040.0000 2.8000e-004 7.0000e0050.0000 7.0000e-005 0.0000

0.0000 2.7000e- 0.0000 7.0000e-005 0.0000 0.2268 0.2268 004

0.0000 2.8000e-004 7.0000e005Worker 9.0000e0057.0000e-005 9.3000e-004

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 CH4 N2O CO2e
Category tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

1.3800e0030.0000 4.3098
Unmitigated Construction Off-Site

1.1800e0035.0000e-005 2.6500e- 1.4700e-003 0.0000 4.2752 4.2752 003

1.2900e0033.9400e-003 2.9000e004Total 2.9000e0030.0347 0.0198

4.2752 4.2752 1.3800e0030.0000 4.3098

0.0000 0.0000 0.0000
Off-Road 2.9000e0030.0347 0.0198 5.0000e-005 1.2900e0031.2900e-003 1.1800e0031.1800e-003 0.0000

2.6500e- 0.0000 2.9000e-004 0.0000 0.0000 0.0000
003

0.0000 2.6500e-003 2.9000e004Fugitive Dust
N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.3 Site Preparation - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

0.2268 0.2268 1.0000e0051.0000e0050.2288

1.0000e0051.0000e0050.2288
Total 9.0000e0057.0000e-005 9.3000e-004 0.0000 2.6000e0040.0000 2.6000e-004 7.0000e0050.0000 7.0000e-005 0.0000

0.0000 2.6000e- 0.0000 7.0000e-005 0.0000 0.2268 0.2268 004

0.0000 2.6000e-004 7.0000e005Worker 9.0000e0057.0000e-005 9.3000e-004

0.0000 0.0000 0.0000 0.0000 0.0000

1.3800e0030.0000 4.3098
Mitigated Construction Off-Site

1.1800e0035.0000e-005 1.1300e- 1.3000e-003 0.0000 4.2752 4.2752 003

1.2900e0032.4200e-003 1.2000e004Total 2.9000e0030.0347 0.0198

4.2752 4.2752 1.3800e0030.0000 4.3098

0.0000 0.0000 0.0000
Off-Road 2.9000e0030.0347 0.0198 5.0000e-005 1.2900e0031.2900e-003 1.1800e0031.1800e-003 0.0000

1.1300e- 0.0000 1.2000e-004 0.0000 0.0000 0.0000
003

0.0000 1.1300e-003 1.2000e004Fugitive Dust
N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

6.0374 6.0374 2.6000e0046.7000e0046.2442

6.0000e0056.0000e0052.1961
Total 1.1100e0030.0118 0.0114 6.0000e-005 3.7100e0031.0000e0043.8000e-003 1.0000e0039.0000e0051.0800e-003 0.0000

2.0000e0052.0000e-005 2.6300e- 7.1000e-004 0.0000 2.1770 2.1770 003

2.0000e0052.6500e-003 7.0000e004Worker 8.2000e0046.9000e-004 8.9100e-003

0.0000 0.0000 0.0000 0.0000 0.0000

2.0000e0046.1000e0044.0481
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

7.0000e0054.0000e-005 1.0800e- 3.7000e-004 0.0000 3.8604 3.8604 003

8.0000e0051.1500e-003 3.0000e004Hauling 2.9000e0040.0111 2.4600e-003 CH4 N2O CO2e
Category tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.0120 0.0000 37.4446
Unmitigated Construction Off-Site
Total 0.0325 0.3601 0.1781 4.2000e-004 0.1594 0.0155 0.1749 0.0771 0.0143 0.0914 0.0000 37.1443 37.1443

37.1443 37.1443 0.0120 0.0000 37.4446

0.0000 0.0000 0.0000
Off-Road 0.0325 0.3601 0.1781 4.2000e-004 0.0155 0.0155 0.0143 0.0143 0.0000 Fugitive Dust 0.1594 0.0000 0.1594 0.0771 0.0000 0.0771 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.4 Grading - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

6.0374 6.0374 2.6000e0046.7000e0046.2442

6.0000e0056.0000e0052.1961
Total 1.1100e0030.0118 0.0114 6.0000e-005 3.5200e0031.0000e0043.6100e-003 9.4000e0049.0000e0051.0400e-003 0.0000

2.0000e0052.0000e-005 2.4900e- 6.8000e-004 0.0000 2.1770 2.1770 003

2.0000e0052.5100e-003 6.6000e004Worker 8.2000e0046.9000e-004 8.9100e-003

0.0000 0.0000 0.0000 0.0000 0.0000

2.0000e0046.1000e0044.0481
Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

7.0000e0054.0000e-005 1.0300e- 3.6000e-004 0.0000 3.8604 3.8604 003

8.0000e0051.1000e-003 2.8000e004Hauling 2.9000e0040.0111 2.4600e-003 CH4 N2O CO2e
Category tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

0.0120 0.0000 37.4446
Mitigated Construction Off-Site
Total 0.0325 0.3601 0.1781 4.2000e-004 0.0682 0.0155 0.0837 0.0330 0.0143 0.0472 0.0000 37.1443 37.1443

37.1443 37.1443 0.0120 0.0000 37.4446

0.0000 0.0000 0.0000
Off-Road 0.0325 0.3601 0.1781 4.2000e-004 0.0155 0.0155 0.0143 0.0143 0.0000 Fugitive Dust 0.0682 0.0000 0.0682 0.0330 0.0000 0.0330 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

32.6780 32.6780 9.7000e0041.8100e00333.2395

7.1000e0046.8000e00425.0771
Total 0.0102 0.0289 0.1087 3.5000e-004 0.0326 3.9000e0040.0330 8.7200e0033.6000e0049.0900e-003 0.0000

1.8000e0042.7000e-004 0.0300 2.0000e- 8.1600e-003 0.0000 24.8583 24.8583 004

0.0302 7.9800e003Worker 9.3900e0037.8200e-003 0.1017

7.8197 7.8197 2.6000e0041.1300e0038.1624

0.0000 0.0000 0.0000
Vendor 8.0000e0040.0211 6.9800e-003 8.0000e-005 2.5800e0031.9000e0042.7700e-003 7.4000e0041.8000e0049.3000e-004 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

31.5465 31.5465 0.0102 0.0000 31.8016

3.5 Building Construction - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

32.6780 32.6780 9.7000e0041.8100e00333.2395

7.1000e0046.8000e00425.0771
Total 0.0102 0.0289 0.1087 3.5000e-004 0.0309 3.9000e0040.0313 8.3100e0033.6000e0048.6700e-003 0.0000

1.8000e0042.7000e-004 0.0285 2.0000e- 7.7700e-003 0.0000 24.8583 24.8583 004

0.0287 7.5900e003Worker 9.3900e0037.8200e-003 0.1017

7.8197 7.8197 2.6000e0041.1300e0038.1624

0.0000 0.0000 0.0000
Vendor 8.0000e0040.0211 6.9800e-003 8.0000e-005 2.4700e0031.9000e0042.6600e-003 7.2000e0041.8000e0049.0000e-004 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

31.5465 31.5465 0.0102 0.0000 31.8016

0.0102 0.0000 31.8016
Total 0.0216 0.2213 0.2253 3.6000e-004 0.0117 0.0117 0.0108 0.0108 0.0000 Off-Road 0.0216 0.2213 0.2253 3.6000e-004 0.0117 0.0117 0.0108 0.0108 0.0000 31.5465 31.5465 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

54.2556 54.2556 1.5200e0032.9100e00355.1587

1.0900e0031.0700e00341.8368
Total 0.0157 0.0401 0.1711 5.8000e-004 0.0559 4.6000e0040.0564 0.0150 4.2000e0040.0154 0.0000

2.9000e0044.5000e-004 0.0515 3.2000e- 0.0140 0.0000 41.4916 41.4916 004
Worker 0.0149 0.0118 0.1605 0.0518 0.0137

12.7639 12.7639 4.3000e0041.8400e00313.3220

0.0000 0.0000 0.0000
Vendor 7.9000e0040.0283 0.0106 1.3000e-004 4.4200e0031.4000e0044.5600e-003 1.2800e0031.3000e0041.4100e-003 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

54.1126 54.1126 0.0175 0.0000 54.5501

0.0175 0.0000 54.5501
Total 0.0341 0.3466 0.3832 6.2000e-004 0.0173 0.0173 0.0159 0.0159 0.0000 Off-Road 0.0341 0.3466 0.3832 6.2000e-004 0.0173 0.0173 0.0159 0.0159 0.0000 54.1126 54.1126 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.5 Building Construction - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

54.2556 54.2556 1.5200e0032.9100e00355.1587

1.0900e0031.0700e00341.8368
Total 0.0157 0.0401 0.1711 5.8000e-004 0.0530 4.6000e0040.0535 0.0143 4.2000e0040.0147 0.0000

2.9000e0044.5000e-004 0.0488 3.2000e- 0.0133 0.0000 41.4916 41.4916 004
Worker 0.0149 0.0118 0.1605 0.0491 0.0130

12.7639 12.7639 4.3000e0041.8400e00313.3220

0.0000 0.0000 0.0000
Vendor 7.9000e0040.0283 0.0106 1.3000e-004 4.2400e0031.4000e0044.3700e-003 1.2300e0031.3000e0041.3600e-003 0.0000 Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

54.1125 54.1125 0.0175 0.0000 54.5500

0.0175 0.0000 54.5500
Total 0.0341 0.3466 0.3832 6.2000e-004 0.0173 0.0173 0.0159 0.0159 0.0000 Off-Road 0.0341 0.3466 0.3832 6.2000e-004 0.0173 0.0173 0.0159 0.0159 0.0000 54.1125 54.1125 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

1.7487 1.7487 5.0000e0054.0000e0051.7632

5.0000e0054.0000e0051.7632
Total 6.3000e0045.0000e-004 6.7600e-003 2.0000e-005 2.1700e0031.0000e0052.1800e-003 5.8000e0041.0000e0055.9000e-004 0.0000

1.0000e0052.0000e-005 2.1700e- 5.9000e-004 0.0000 1.7487 1.7487 003

1.0000e0052.1800e-003 5.8000e004Worker 6.3000e0045.0000e-004 6.7600e-003

0.0000 0.0000 0.0000 0.0000 0.0000

3.0100e0030.0000 10.4145
Unmitigated Construction Off-Site

2.7100e0031.2000e-004 2.9100e- 2.7100e-003 0.0000 10.3392 10.3392 003
Total 6.7200e- 2.9100e-003
003

0.0606 0.0772

0.0000 0.0000 0.0000 0.0000 0.0000

3.0100e0030.0000 10.4145
Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

2.7100e0031.2000e-004 2.9100e- 2.7100e-003 0.0000 10.3392 10.3392 003
Off-Road 6.7200e- 2.9100e-003
003

0.0606 0.0772
N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

3.6 Paving - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

1.7487 1.7487 5.0000e0054.0000e0051.7632

5.0000e0054.0000e0051.7632
Total 6.3000e0045.0000e-004 6.7600e-003 2.0000e-005 2.0600e0031.0000e0052.0700e-003 5.5000e0041.0000e0055.6000e-004 0.0000

1.0000e0052.0000e-005 2.0600e- 5.6000e-004 0.0000 1.7487 1.7487 003

1.0000e0052.0700e-003 5.5000e004Worker 6.3000e0045.0000e-004 6.7600e-003

0.0000 0.0000 0.0000 0.0000 0.0000

3.0100e0030.0000 10.4144
Mitigated Construction Off-Site

2.7100e0031.2000e-004 2.9100e- 2.7100e-003 0.0000 10.3391 10.3391 003
Total 6.7200e- 2.9100e-003
003

0.0606 0.0772

0.0000 0.0000 0.0000 0.0000 0.0000

3.0100e0030.0000 10.4144
Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

2.7100e0031.2000e-004 2.9100e- 2.7100e-003 0.0000 10.3391 10.3391 003
Off-Road 6.7200e- 2.9100e-003
003

0.0606 0.0772
N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.0297 5.0297 1.3000e0041.3000e0045.0715

1.3000e0041.3000e0045.0715
Total 1.8100e0031.4400e-003 0.0195 5.0000e-005 6.2400e0034.0000e0056.2800e-003 1.6600e0034.0000e0051.6900e-003 0.0000

4.0000e0055.0000e-005 6.2400e- 1.6900e-003 0.0000 5.0297 5.0297 003

4.0000e0056.2800e-003 1.6600e003Worker 1.8100e0031.4400e-003 0.0195

0.0000 0.0000 0.0000 0.0000 0.0000

5.1000e0040.0000 8.5662
Unmitigated Construction Off-Site

2.3700e0031.0000e-004 2.3700e- 2.3700e-003 0.0000 8.5534 8.5534 003
Total 0.3850 0.0437 0.0607 2.3700e-003

8.5534 8.5534 5.1000e0040.0000 8.5662

5.0297 5.0297 1.3000e0041.3000e0045.0715

1.3000e0041.3000e0045.0715
Total 1.8100e0031.4400e-003 0.0195 5.0000e-005 5.9200e0034.0000e0055.9500e-003 1.5800e0034.0000e0051.6100e-003 0.0000

4.0000e0055.0000e-005 5.9200e- 1.6100e-003 0.0000 5.0297 5.0297 003

4.0000e0055.9500e-003 1.5800e003Worker 1.8100e0031.4400e-003 0.0195

0.0000 0.0000 0.0000 0.0000 0.0000

5.1000e0040.0000 8.5662
Mitigated Construction Off-Site

2.3700e0031.0000e-004 2.3700e- 2.3700e-003 0.0000 8.5534 8.5534 003
Total 0.3850 0.0437 0.0607 2.3700e-003

8.5534 8.5534 5.1000e0040.0000 8.5662

0.0000 0.0000 0.0000
Off-Road 6.4200e0030.0437 0.0607 1.0000e-004 2.3700e0032.3700e-003 2.3700e0032.3700e-003 0.0000 Archit. Coating 0.3786 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apartments Mid Rise 0.544785 0.062844 0.187478 0.127235 0.023089 0.006083 0.010475 0.008012 0.000925 0.000611 0.024394 0.000698 0.003374 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH

0.0520 0.0332 776.7616

4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
776.7616
Unmitigated 0.3597 0.4247 3.8091 8.1900e-003 0.8450 6.0400e0030.8510 0.2254 5.6000e0030.2310 0.0000 765.5843 765.5843

0.0000 765.5843 765.5843 0.0520 0.0332
CO2e
Category tons/yr MT/yr
Mitigated 0.3597 0.4247 3.8091 8.1900e-003 0.8450 6.0400e0030.8510 0.2254 5.6000e0030.2310 Exhaust Bio- CO2 NBio- CO2 Total CO2 CH4 N2O
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
PM2.5 Total

4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
ROG NOx CO SO2 Fugitive
PM10
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

1.3200e0035.0300e-003 0.0000 71.9933 71.9933 1.3800e-003 72.4212

71.9933 1.3800e-003 1.3200e00372.4212
Total 7.2700e0030.0622 0.0265 4.0000e0045.0300e-003 5.0300e0035.0300e003

5.0300e0030.0265 4.0000e- 5.0300e-003 0.0000 71.9933
004

5.0300e-003 5.0300e003Apartments Mid
Rise

1.3491e+0
06 7.2700e0030.0622
CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Exhaust
PM2.5
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2

5.2 Energy by Land Use - NaturalGas
Unmitigated
NaturalGas
Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5

71.9933 71.9933 1.3800e0031.3200e-003 72.4212

1.3800e0031.3200e-003 72.4212
NaturalGas
Unmitigated

7.2700e0030.0622 0.0265 4.0000e-004 5.0300e0035.0300e-003 5.0300e0035.0300e-003 0.0000

5.0300e0034.0000e-004 5.0300e- 5.0300e-003 0.0000 71.9933 71.9933 003
NaturalGas 5.0300e-003
Mitigated

7.2700e0030.0622 0.0265

82.2694 82.2694 6.9400e0038.4000e-004 82.6939

6.9400e0038.4000e-004 82.6939
Electricity
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000
Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 82.2694 82.2694 N2O CO2e
Category tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Historical Energy Use: N

5.1 Mitigation Measures Energy
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

5.0 Energy Detail
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Land Use kWh/yr t
o
n
MT/yr
Apartments Mid
Rise
463893 82.2694 6.9400e-003 8.4000e-004 82.6939

8.4000e-004 82.6939
Mitigated
Electricity
Use
Total CO2 CH4 N2O CO2e
Total 82.2694 6.9400e-003
Land Use kWh/yr t
o
n
MT/yr
Apartments Mid
Rise
463893 82.2694 6.9400e-003 8.4000e-004 82.6939

1.3200e00372.4212

5.3 Energy by Land Use - Electricity
Unmitigated
Electricity
Use
Total CO2 CH4 N2O CO2e

5.0300e-003 0.0000 71.9933 71.9933 1.3800e-003

71.9933 1.3800e-003 1.3200e00372.4212
Total 7.2700e0030.0622 0.0265 4.0000e0045.0300e-003 5.0300e0035.0300e003

5.0300e0030.0265 4.0000e- 5.0300e-003 0.0000 71.9933
004

5.0300e-003 5.0300e003Apartments Mid
Rise

1.3491e+0
06 7.2700e0030.0622
N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4
Mitigated
NaturalGas
Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 82.2694 6.9400e-003 8.4000e-004 82.6939
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 0.5562 0.0432 1.6285 1.4200e-003 0.0692 0.0692 0.0692 0.0692 8.0977 28.4174 36.5151 0.0403 4.8000e-004 37.6673

2.0383 2.0383 1.9600e0030.0000 2.0873

0.0384 4.8000e-004 35.5799
Landscaping 0.0376 0.0144 1.2481 7.0000e-005 6.9100e0036.9100e-003 6.9100e0036.9100e-003 0.0000 Hearth 0.0435 0.0288 0.3804 1.3500e-003 0.0623 0.0623 0.0623 0.0623 8.0977 26.3791 34.4768

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Consumer Products 0.4372 0.0000 0.0000 0.0000 0.0000 0.0000 Architectural 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating

0.0379
N2O CO2e
SubCategory tons/yr MT/yr
PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4

6.2 Area by SubCategory
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
Exhaust
PM2.5

28.4174 36.5151 0.0403 4.8000e-004 37.6673

2.4700e0034.8000e-004 28.6231
Unmitigated 0.5562 0.0432 1.6285 1.4200e-003 0.0692 0.0692 0.0692 0.0692 8.0977

8.7500e0032.1000e-004 8.7500e- 8.7500e-003 0.0000 28.4174 28.4174 003
Mitigated 0.5154 0.0372 1.2578 8.7500e-003
CH4 N2O CO2e
Category tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO

6.0 Area Detail

6.1 Mitigation Measures Area
Use only Natural Gas Hearths
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Unmitigated 30.4988 0.2593 6.3500e-003 38.8730
CO2e
Category t
o
n
MT/yr
Mitigated 25.7602 0.2075 5.1000e-003 32.4666
Total CO2 CH4 N2O
Install Low Flow Bathroom Faucet
Install Low Flow Kitchen Faucet
Install Low Flow Toilet
Install Low Flow Shower
Use Water Efficient Irrigation System

2.4700e0034.8000e-004 28.6231

7.0 Water Detail

7.1 Mitigation Measures Water

8.7500e0032.2000e-004 8.7500e- 8.7500e-003 0.0000 28.4174 28.4174 003
Total 0.5154 0.0372 1.2578 8.7500e-003

2.0383 2.0383 1.9600e0030.0000 2.0873

5.1000e0044.8000e-004 26.5358
Landscaping 0.0376 0.0144 1.2481 7.0000e-005 6.9100e0036.9100e-003 6.9100e0036.9100e-003 0.0000

1.8400e0031.5000e-004 1.8400e- 1.8400e-003 0.0000 26.3791 26.3791 003
Hearth 2.6700e- 1.8400e-003
003

0.0228 9.6900e-003

0.0000 0.0000 0.0000 0.0000 0.0000

0.0000 0.0000 0.0000
Consumer Products 0.4372 0.0000 0.0000 0.0000 0.0000 0.0000 Architectural 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating

0.0379
CH4 N2O CO2e
SubCategory tons/yr MT/yr
Exhaust
PM2.5
SO2 Fugitive PM2.5 Total Bio- CO2 NBio- CO2 Total CO2
PM10
Exhaust
PM10
PM10 Total Fugitive
PM2.5
ROG NOx CO
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 25.7602 0.2075 5.1000e-003 32.4666
Land Use Mgal t
o
n
MT/yr
Apartments Mid
Rise

6.30691 /

4.66694

25.7602 0.2075 5.1000e-003 32.4666

6.3500e-003 38.8730
Mitigated
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Total 30.4988 0.2593
Land Use Mgal t
o
n
MT/yr
Apartments Mid
Rise

7.88364 /

4.97012

30.4988 0.2593 6.3500e-003 38.8730

7.2 Water by Land Use
Unmitigated
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total 11.2985 0.6677 0.0000 27.9915
Land Use tons t
o
n
MT/yr
Apartments Mid
Rise

55.66 11.2985 0.6677 0.0000 27.9915

27.9915

8.2 Waste by Land Use
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Unmitigated 11.2985 0.6677 0.0000
t
o
n
MT/yr
Mitigated 5.6492 0.3339 0.0000 13.9958
Category/Year
Total CO2 CH4 N2O CO2e

8.0 Waste Detail

8.1 Mitigation Measures Waste
Institute Recycling and Composting Services
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 1
Date: 10/20/2021 12:24 PM
Western Ave SRO Apartments Project - Los Angeles-South Coast County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied User Defined Equipment
Equipment Type Number

11.0 Vegetation
Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year
Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment

0.0000 13.9958

9.0 Operational Offroad
Equipment Type Number Hours/Day
Total 5.6492 0.3339
Land Use tons t
o
n
MT/yr
Apartments Mid
Rise

27.83 5.6492 0.3339 0.0000 13.9958
Mitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030

1.0 INTRODUCTION & PURPOSE
The purpose of this Technical Memorandum is to identify the noise impacts associated with construction and operations of the proposed Western SRO Apartments project (project), located at 13126 Western Avenue in the City of Gardena, California (City). This Technical Memorandum has been prepared to support an exemption from the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15332 (In‐Fill Development Projects). Specifically, this analysis addresses the project’s potential effects related to noise referenced in State CEQA Guidelines Section 15332(d).

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kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Project Characteristics
The project site is designated as Industrial and zoned General Industrial (M-1). The project site is currently developed with a convenience store (2,755 square feet) and autobody shop (9,981 square feet) with surface parking.The project proposes to demolish all on-site improvements and, in their place, construct a four-story, 121 unit single-room occupancy (SRO) residential development including 7 very low-income residential units. All units, including the very low-income units, would be 350 square feet. The project’s total proposed floor area is 54,461 square feet with a proposed building height maximum of 50 feet. Further, the project proposes to provide 20,115 square feet of open space, exceeding the City’s open space requirement of 10 square feet per unit.

Additionally, 40 bicycle parking spaces in a stacked rack system would be provided.

3.0 NOISE BACKGROUND
Sound is technically described in terms of amplitude (loudness) and frequency (pitch). The standard unit of sound amplitude measurement is the decibel (dB). The decibel scale is a logarithmic scale that describes the physical intensity of the pressure vibrations that make up any sound. The pitch of the sound is related to the frequency of the pressure vibration. Since the human ear is not equally sensitive to a given sound level at all frequencies, a special frequency-dependent rating scale has been devised to relate noise to human sensitivity. The A-weighted decibel scale (dBA) provides this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear.

Noise, on the other hand, is typically defined as unwanted sound. A typical noise environment consists of a base of steady ambient noise that is the sum of various distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft or train passing by to virtually continuous noise from traffic on a major highway.

Several rating scales have been developed to analyze the adverse effect of community noise on people. Since environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise as well as the time of day when the noise occurs. For example, the equivalent

Page 3 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 continuous sound level (Leq) is the average acoustic energy content of noise for a stated period of time; thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. The Day-Night Sound level (Ldn) is a 24-hour average Leq with a 10 dBA “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the nighttime. The Community Noise Equivalent Level (CNEL) is a 24-hour average Leq with a 10 dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. and an additional 5 dBA weighting during the hours of 7:00 p.m. to 10:00 p.m. to account for noise sensitivity in the evening and nighttime.

Regulatory Setting
City of Gardena General Plan
The City of Gardena General Plan 2006 Noise Plan (Noise Element) identifies noise‐sensitive land uses and noise sources, defines areas of noise impact, and contains policies and programs to achieve and maintain noise levels compatible with various types of land uses.

The Noise Element addresses noise which affects the community at large, rather than noise associated with site-specific conditions.

The Noise Element identifies land use guidelines to protect residential neighborhoods and noise-sensitive receptors such as schools and hospitals from potentially harmful noise sources. The noise and land use compatibly criteria are shown in Exhibit 1: Land Use Compatibility for Community Noise Exposure.

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kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Exhibit 1: Land Use Compatibility for Community Noise Exposure.

Source: Gardena General Plan 2006 - Noise Plan, Figure N-1: Noise and Land Use Compatibility City of Gardena Municipal Code
The following Gardena Municipal Code (GMC) sections are applicable to the proposed project.

GMC Section 8.36.040 Exterior Noise Standards. Stationary noise sources shall comply with the following exterior noise limits shown in Table 1: Exterior Noise Limits.

Table 1: Exterior Noise Limits
Type of Land Use
15-Minute Average Noise Level (Leq) Maximum Noise Level (Lmax) 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. 10 p.m. to 7 a.m.

Residential 55 dB(A) 50 dB(A) 75 dB(A) 70 dB(A)
Residential portions
of mixed-use
60 dB(A) 50 dB(A) 80 dB(A) 70 dB(A)
Commercial 65 dB(A) 60 dB(A) 85 dB(A) 80 dB(A)

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kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Industrial or
manufacturing 70 dB(A) 70 dB(A) 90 dB(A) 90 dB(A)
Source: City of Gardena, Gardena Municipal Code Section 8.36.040.

GMC Section 8.36.050 Interior Noise Limits. Stationary noise sources will comply with the following interior noise limits shown in Table 2: Interior Noise Limits.

Table 2: Interior Noise Limits
Type of Land Use
15-Minute Average Noise Level (Leq) Maximum Noise Level (Lmax) 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. 10 p.m. to 7 a.m.

Residential 45 dB(A) 40 dB(A) 65 dB(A) 60 dB(A)
Residential portions
of mixed-use
45 dB(A) 40 dB(A) 70 dB(A) 60 dB(A)
Source: City of Gardena, Gardena Municipal Code Section 8.36.050.

It is noted that GMC Section 8.36.040 and Section 8.36.050 state that should the measured ambient noise level exceed the standards in Table 1 and Table 2, the allowable noise exposure standard shall be the ambient noise level. Further, GMC Section 8.36.080 establishes limited hours of construction activities. GMC Section 8.36.080 states that the aforementioned noise restrictions do not apply to noise associated with construction, repair, remodeling, grading or demolition of any real property, provided said activities do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays between the hours of 6:00 p.m. and 9:00 a.m. on Saturday or any time on Sunday or a federal holiday.

Existing Setting
Mobile noise sources, especially cars and trucks, are the most common and significant noise sources in most communities. Other noise sources are the various land uses (i.e., residential, commercial, institutional, and recreational and parks activities) throughout the City that generate stationary‐source noise. The existing mobile noise sources in the project area are generated by motor vehicles traveling on Western Avenue and 132nd Street. The primary stationary noise sources in the project area are those associated with industrial operations bordering the project site, and the single-family residential uses to the west on Manhattan Place. Such noise sources include the use of mechanical equipment (e.g., heating, ventilation, and air conditioning [HVAC] equipment), idling vehicles, music playing, dogs barking, and people talking. The noise associated with these sources may represent a single-event noise occurrence or short-term noise.

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kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030

4.0 NOISE IMPACTS
Construction Noise
Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., land clearing, grading, excavation, paving). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. During construction, exterior noise levels could affect sensitive receptors near the construction site.

Construction activities would include demolition, site preparation, grading, building construction, paving, and architectural coating. Such activities may require graders, dozers, and tractors during site preparation and grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers, mixers, tractors, and paving equipment during paving; and air compressors during architectural coating. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 to 4 minutes at lower power settings. Other primary sources of acoustical disturbance would be random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. Typical noise levels associated with individual construction equipment are listed in Table 3: Typical Construction Noise Levels.

Table 3: Typical Construction Noise Levels
Equipment
Typical Noise Level (dBA) at 50
Feet from Source
Typical Noise Level (dBA) at
100 Feet from Source1
Air Compressor 80 74
Backhoe 80 74
Compactor 82 76
Concrete Mixer 85 79
Concrete Pump 82 76
Concrete Vibrator 76 70
Crane, Mobile 83 77
Dozer 85 79
Generator 82 76
Grader 85 79
Jack Hammer 88 82

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kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Table 3: Typical Construction Noise Levels
Equipment
Typical Noise Level (dBA) at 50
Feet from Source
Typical Noise Level (dBA) at
100 Feet from Source1
Loader 80 74
Paver 85 79
Pneumatic Tool 85 79
Pump 77 71
Roller 85 79
Saw 76 70
Shovel 82 76
Truck 84 78

1. Calculated using the inverse square law formula for sound attenuation: dBA2 = dBA1+20Log(d1/d2) Where: dBA2 = estimated noise level at receptor; dBA1 = reference noise level; d1 = reference distance; d2 = receptor location distance.

Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018.

GMC Section 8.36.080(G) indicates that noise associated with construction activity is considered exempt from noise regulations provided a permit has been obtained from the City as required, and construction activities do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays, or at any time on Sunday or a federal holiday. The City does not administer noise level standards for construction activities. However, this analysis conservatively uses the Federal Transit Administration (FTA) threshold of 80 dBA (8-hour Leq) for residential uses and 90 dBA (8-hour Leq) for industrial uses to evaluate construction noise impacts. 1 Following FTA’s methodology for quantitative construction noise assessments, the Federal Highway Administration (FHWA’s) Roadway Construction Noise Model (RCNM) was used to predict construction noise at the nearest receptors (i.e., residential uses to the west and industrial uses to the north, south, east, and west) consistent with the methodologies in the FTA Transit Noise and Vibration Impact Assessment Manual (September 2018) (FTA Noise and Vibration Manual). Table 4: Project Construction Noise Levels shows the estimated exterior construction noise levels at the nearest sensitive receptors. 1 Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, Table 7-2, Page 179, September 2018.

Page 8 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Table 4: Project Construction Noise Levels
Construction
Phase
Receptor Location Worst-Case
Modeled
Exterior Noise
Level (dBA Leq)
Noise
Threshold
(dBA Leq)
2 Land Use Direction Exceeded?
Distance
(feet) 1
Demolition
Residential West 430 64.9 80 No
Industrial East 72 80.4 90 No
Site
Preparation
Residential West 430 63.3 80 No
Industrial East 72 78.9 90 No
Grading
Residential West 430 63.7 80 No
Industrial East 72 79.2 90 No
Building
Construction
Residential West 430 62.7 80 No
Industrial East 72 77.6 90 No
Paving
Residential West 430 64.4 80 No
Industrial East 72 79.9 90 No
Architectural
Coating
Residential West 430 55.0 80 No
Industrial East 72 70.5 90 No

1. Per the methodology described in the FTA Noise and Vibration Manual (September 2018), distances are measured from the property line of the nearest receptors to the center of the project construction site.

2. The City does not have a quantitative noise threshold for construction. Therefore, the construction noise thresholds from the FTA Noise and Vibration Manual (September 2018) are conservatively used for this analysis.

Source: Federal Highway Administration, Roadway Construction Noise Model, 2006. Refer to Appendix A: RCNM Modeling Results for noise modeling results.

Following FTA methodology, when calculating construction noise, all equipment is assumed to operate at the center of the project site because equipment would operate throughout the site and not at a fixed location for extended periods of time. Therefore, the distances used in the RCNM model were 430 feet for the nearest residential uses to the west and 72 feet for the nearest non-residential (i.e., industrial) uses to the east.

As indicated in Table 4, project construction noise would not exceed the FTA noise threshold for residential and non-residential uses. In addition, although construction noise levels may exceed the existing ambient levels in the area (see Table 1), construction would be temporary and would not result in a permanent increase in ambient noise levels in the area. Project construction would also be prohibited between 6:00 p.m. and 7:00 a.m. on weekdays, between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays, or at any time on Sunday or a federal holiday in compliance with GMC Section 8.36.080(G). Therefore, the project’s construction noise levels would result in a less than significant impact.

Page 9 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Operational Noise – Stationary Sources
The project would create new sources of noise in the area. The primary noise sources associated with the project that could potentially impact sensitive uses include mechanical equipment (e.g., air conditioners, etc.), outdoor amenity/recreational areas, the parking structure and ground level parking spaces south of the parking structure (i.e., car door slamming, car radios, people talking, engine start-up, and car pass-by), dogs barking, and offsite traffic noise.

Mechanical Equipment. Potential stationary noise sources related to long-term project operations would include mechanical equipment (HVAC units and automated parking structure mechanisms). The nearest noise sensitive receptors to the project site are the singlefamily residences located approximately 225 feet to the west of the nearest proposed HVAC equipment. HVAC equipment typically generates noise levels of approximately 52 dBA at 50 feet from the source.
2 Noise has a decay rate due to distance attenuation, which is calculated based on the Inverse Square Law of sound propagation. Based upon the Inverse Square Law, sound levels decrease by 6 dBA for each doubling of distance from the source. As a result, HVAC equipment noise would attenuate to 38.9 dBA at the property line of the residences located approximately 225 feet from on-site mechanical equipment and would not exceed the City’s most stringent exterior and interior standards of 50 dBA Leq and 40 dBA Leq, 3 respectively, for residential uses. Therefore, the project’s HVAC equipment noise levels would result in a less than significant impact. See the Parking Areas section below for a discussion concerning the noise level of the mechanisms used in the automated parking structure.

Outdoor Amenity and Recreational Areas. The proposed project would include a groundlevel pool and courtyard area in the eastern portion of the project site, and common deck areas on the third and fourth floors. These areas could be accessed by groups of people intermittently for various occasions (e.g., birthday parties, barbecues, and other social gatherings, etc.). Noise generated by groups of people (i.e., crowds) is dependent on several factors including vocal effort, impulsiveness, and the random orientation of the crowd members. Crowd noise is estimated at 60 dBA at one meter (3.28 feet) away for raised normal speaking.4 This noise level would have a +5 dBA adjustment for the impulsiveness of the noise source, and a -3 dBA adjustment for the random orientation of the crowd members.5 2 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015.
3 Assuming an exterior-to-interior noise reduction of 25 dBA (HUD Noise Guidebook, 2009). 4 M.J. Hayne, et al, Prediction of Crowd Noise, Acoustics, November 2006. 5 Ibid.

Page 10 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Therefore, crowd noise would be approximately 62 dBA at one meter from the source.

Based on distance attenuation, crowd noise would be approximately 20.6 dBA at the property line of the closest sensitive receptors (i.e., single-family residences located approximately 385 feet from the nearest common deck area), which would not exceed the City’s most stringent exterior and interior standards of 50 dBA Leq and 40 dBA Leq, 6 respectively, for residential
uses. Therefore, the project’s outdoor amenity and recreational area noise levels would result in a less than significant impact.

Parking Areas. The project would include a freestanding six-level, 114 car automated parking structure in the northern portion of the project site, and 8 covered parking spaces (6 standard and 2 compact) to the south of the automated parking structure. The noise level of the mechanisms used in the automated parking structure would be approximately 52 dBA at 6.0 feet from the source.
7 The nearest off-site residential uses would be located approximately 390 feet from the automated parking structure. At this distance, noise levels from the automated parking structure mechanisms would be approximately 15.7 dBA at the property line of the closest sensitive receptors, which is inaudible and well below the City’s exterior or interior noise standards of 50 dBA Leq and 40 dBA Leq,
8 respectively, for residential uses.

Therefore, the noise levels from the project’s automated parking structure mechanisms would result in a less than significant impact.

Noise levels from the traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards due to the instantaneous nature and infrequent activity in parking lots. However, the maximum sound levels generated by a car door slamming, engine starting up, and car pass-bys range from 53 to 61 dBA9 and may be an annoyance to adjacent noise-sensitive receptors. Based on the inverse square law of sound propagation, exterior parking lot noise levels would range from approximately 34.9 dBA to 42.9 dBA at the property line of the closest residences to the west of the site. As such, noise levels from parking lot activities would not exceed the City’s most stringent exterior and interior standards of 50 dBA Leq and 40 dBA Leq,
10 respectively, for residential uses. It is also noted that parking lot noise is currently generated at the adjacent industrial uses bordering the project site under existing conditions. In addition, parking, driveway, and noise from on-site vehicle circulation would be consistent with existing noise in the vicinity and would be partially masked by background 6 Assuming an exterior-to-interior noise reduction of 25 dBA (HUD Noise Guidebook, 2009). 7 Automated Robotic Parking, Parking System FAQ’s, http://www.automatedroboticparking.com/frequently-askedquestions/, accessed November 17, 2021. 8 Assuming an exterior-to-interior noise reduction of 25 dBA (HUD Noise Guidebook, 2009). 9 Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. 10 Assuming an exterior-to-interior noise reduction of 25 dBA (HUD Noise Guidebook, 2009).

Page 11 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 traffic noise from motor vehicles traveling along Western Avenue and West 132nd Street.

Therefore, the project’s parking lot noise levels would result in a less than significant impact.

Dog Run Noise. The project would include a dog run in the northwestern corner of the site along Western Avenue. The noise level from residents’ dogs barking is approximately 60 dBA at 50 feet.11 The nearest noise-sensitive receptors (single-family residences) would be approximately 370 feet from the proposed dog run area. At this distance, noise levels from the dog run would be approximately 42.6 dBA from the property line of the nearest sensitive receptors and would not exceed the City’s most stringent exterior and interior standards of 50 dBA Leq and 40 dBA Leq,
12 respectively, for residential uses. In addition, noise from the dog run area would be partially masked by background traffic noise from motor vehicles traveling along Western Avenue to the west of the project site. Therefore, the project’s dog run noise levels would result in a less than significant impact.

Operational Noise – Mobile Sources
Project implementation would result in reduced traffic trips in the project area roadways.

According to the Summary of Project Trip Generation – Western SRO Apartments Project (Kimley-Horn, 2021) (Traffic Analysis), the project would result in 658 daily trips with 43 a.m. peak hour trips and 53 p.m. peak hour trips, and a net trip reduction of 1,054 trips compared to the existing uses. In general, a 3‐dBA increase in traffic noise is barely perceptible to people, while a 5‐dBA increase is readily noticeable. Traffic volumes on area roadways would have to approximately double for the resulting traffic noise levels to generate a barely perceptible 3‐dBA increase.13 Due to the project’s lower trip generation than the existing use, the project would not result in a doubling of existing traffic volumes, and thus, would not increase traffic noise on area roadways. Therefore, the project’s traffic noise levels would result in a less than significant impact.

5.0 VIBRATION IMPACTS
Increases in ground-borne vibration levels attributable to the proposed project would be primarily associated with short-term construction-related activities. Once operational, the project would not be a source of ground-borne vibration. 11 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015.
12 Assuming an exterior-to-interior noise reduction of 25 dBA (HUD Noise Guidebook, 2009). 13 According to the California Department of Transportation, Technical Noise Supplement to Traffic Noise Analysis Protocol (September 2013), it takes a doubling of traffic to create a noticeable (i.e., 3 dBA) noise increase.

Page 12 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Construction Vibration
Construction on the project site could result in varying degrees of temporary ground-borne vibration, depending on the specific construction equipment used and the operations involved.

The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.2 in/sec) appears to be conservative. The types of construction vibration impacts include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. This distance can vary substantially depending on the soil composition and underground geological layer between vibration source and receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment.

For example, for a building that is constructed with reinforced concrete with no plaster, the FTA guidelines show that a vibration level of up to 0.20 in/sec is considered safe and would not result in any construction vibration damage. This analysis uses the FTA architectural damage criterion for continuous vibrations at non-engineered timber and masonry buildings of 0.2 inch-per-second peak particle velocity (PPV) and human annoyance criterion of 0.4 inch-per-second PPV in accordance with Caltrans guidance14 to evaluate potential construction vibration impacts.

Table 5: Typical Construction Equipment Vibration Levels, lists vibration levels at 25 feet for typical construction equipment. The nearest off-site building/structure is the industrial building located approximately 25 feet to the north of project construction activities.

Groundborne vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance. As indicated in Table 5, based on FTA data, vibration velocities from typical heavy construction equipment operations that would be used during project construction range from 0.003 to 0.089 in/sec PPV at 25 feet from the activity source.

Table 5: Typical Construction Equipment Vibration Levels Equipment
Peak Particle Velocity
at 25 Feet (in/sec)
Large Bulldozer 0.089
Caisson Drilling 0.089
14 California Department of Transportation, Transportation and Construction Vibration Guidance Manual, Table 20, September 2013.

Page 13 ends

kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Loaded Trucks 0.076
Rock Breaker 0.059
Jackhammer 0.035
Small Bulldozer/Tractors 0.003
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018.

As shown in Table 5, at 25 feet the vibration velocities from construction equipment would be a maximum of 0.089 in/sec PPV, which is below the FTA’s 0.20 in/sec PPV threshold for building damage and Caltrans’ 0.4 in/sec PPV threshold for human annoyance. It is also acknowledged that construction activities would occur throughout the project site and would not be concentrated at the point closest to the nearest off-site structures. Therefore, the project’s construction vibration levels would result in a less than significant impact.

Operational Vibration
Once operational, the proposed project would not include vibration-generating uses or operations. Therefore, the project would result in no impact concerning operational vibration.

6.0 CONCLUSION
As is evidenced by the discussions presented above, the project’s short-term construction and long-term operational noise and vibration impacts would be less than significant. No mitigation measure is required. Therefore, pursuant to State CEQA Guidelines Section 15332(d), the project would not result in any significant effects relating to noise.

Appendix A
RCNM Modeling Results
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/21/2021
Case Description: Demolition
**** Receptor #1 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Residential - W Residential 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Concrete Saw No 20 89.6 430.0 0.0
Excavator No 40 80.7 430.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Concrete Saw 70.9 63.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Excavator 62.0 58.0 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 70.9 64.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
**** Receptor #2 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Industrial - N Industrial 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Concrete Saw No 20 89.6 72.0 0.0
Excavator No 40 80.7 72.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Concrete Saw 86.4 79.4 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Excavator 77.5 73.6 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 86.4 80.4 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/21/2021
Case Description: Site Prep
**** Receptor #1 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Residential - W Residential 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Dozer No 40 81.7 430.0 0.0
Tractor No 40 84.0 430.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Dozer 63.0 59.0 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Tractor 65.3 61.3 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 65.3 63.3 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
**** Receptor #2 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Industrial - N Industrial 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Dozer No 40 81.7 72.0 0.0
Tractor No 40 84.0 72.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Dozer 78.5 74.5 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Tractor 80.8 76.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 80.8 78.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/21/2021
Case Description: Grading
**** Receptor #1 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Residential - W Residential 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Grader No 40 85.0 430.0 0.0
Excavator No 40 80.7 430.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Grader 66.3 62.3 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Excavator 62.0 58.0 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 66.3 63.7 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
**** Receptor #2 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Industrial - N Industrial 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Grader No 40 85.0 72.0 0.0
Excavator No 40 80.7 72.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Grader 81.8 77.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Excavator 77.5 73.6 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 81.8 79.2 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/21/2021
Case Description: Building Construction
**** Receptor #1 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Residential - W Residential 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Crane No 16 80.6 430.0 0.0
Tractor No 40 84.0 430.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Crane 61.9 53.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Tractor 65.3 61.3 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 65.3 62.1 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
**** Receptor #2 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Industrial - N Industrial 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Crane No 16 80.6 72.0 0.0
Tractor No 40 84.0 72.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Crane 77.4 69.4 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Tractor 80.8 76.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 80.8 77.6 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/21/2021
Case Description: Paving
**** Receptor #1 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Residential - W Residential 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Paver No 50 77.2 430.0 0.0
Pavement Scarafier No 20 89.5 430.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Paver 58.5 55.5 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Pavement Scarafier 70.8 63.8 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 70.8 64.4 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
**** Receptor #2 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Industrial - N Industrial 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Paver No 50 77.2 72.0 0.0
Pavement Scarafier No 20 89.5 72.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Paver 74.1 71.0 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Pavement Scarafier 86.3 79.3 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 86.3 79.9 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/21/2021
Case Description: Architectural Coating
**** Receptor #1 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Residential - W Residential 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Compressor (air) No 40 77.7 430.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Compressor (air) 59.0 55.0 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 59.0 55.0 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
**** Receptor #2 ****
Baselines (dBA)
Description Land Use Daytime Evening Night
----------- -------- ------- ------- -----
Industrial - N Industrial 1.0 1.0 1.0
Equipment
---------
Spec Actual Receptor Estimated
Impact Usage Lmax Lmax Distance Shielding
Description Device (%) (dBA) (dBA) (feet) (dBA)
----------- ------ ----- ----- ----- -------- --------- Compressor (air) No 40 77.7 72.0 0.0
Results
-------
Noise Limits (dBA)
Noise Limit Exceedance (dBA)
----------------------------------------------
----------------------------------------------
Calculated (dBA) Day Evening
Night Day Evening Night
---------------- -------------- -------------
-------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax
Leq Lmax Leq Lmax Leq Lmax Leq
---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Compressor (air) 74.5 70.5 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
Total 74.5 70.5 N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A
kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030

TECHNICAL MEMORANDUM
To: Amanda Acuna, Senior Planner, and Lisa Kranitz, Assistant City Attorney, City of Gardena
From: Rita Garcia, Project Manager, and Pranesh Tarikere, P.E. (TR 2728), Transportation Project Manager
Date: November 30, 2021
Subject: Western SRO Apartments Project, City of Gardena - Trip Generation and Vehicle Miles Traveled

1.0 INTRODUCTION & PURPOSE
The purpose of this Technical Memorandum is to identify the trip generation and vehicle miles traveled (VMT) associated with the proposed Western SRO Apartments Project (project), located at 13126 Western Avenue in the City of Gardena (City), California. This Technical Memorandum has been prepared to support an exemption from the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15332 (In-Fill Development Projects). Specifically, this analysis addresses the project’s potential effects relating to traffic referenced in State CEQA Guidelines Section 15332(d).

2.0 PROJECT DESCRIPTION
Project Location
The proposed project site is located northeast of the West 132nd Street at Western Avenue intersection, at 13126 South Western Avenue in the northern portion of the City of Gardena, County of Los Angeles, California. The project location is shown in its regional setting on Attachment A. The assessor’s parcel number (APN) for the project site is APN 6102-006-013. The site is bordered by light-industrial uses; there are single-family residences to the west on Manhattan Place.

Regional access to the project site is provided via Interstate 105 (I-105) from the north and Interstate 110 (I-110) from the east. Local access to the site is provided via Western Avenue and 132nd Street. The project site is surrounded by light-industrial uses with singlefamily residential uses to the west, across Western Avenue.

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 Project Characteristics
The project site is designated as Industrial and zoned General Industrial (M-1). The project site is currently occupied with a convenience store (2,755 square feet) and autobody shop (9,981 square feet) with surface parking. The project proposes to demolish all on-site improvements and, in their place, construct a four-story, 121 unit single-room occupancy (SRO) residential development including 7 very low-income residential units. All units, including the very low-income units, would be 350 square feet. The project’s total proposed floor area is 54,461 square feet with a proposed building height maximum of 50 feet. Further, the project proposes to provide 20,115 square feet of open space, exceeding the City’s open space requirement of 10 square feet per unit. The project would provide 122 parking spaces, of which 114 spaces would be provided in a freestanding six-level automated parking structure, and 8 covered parking spaces (6 standard and 2 compact) would be provided to the south of the parking structure on the ground level. Additionally, 40 bicycle parking spaces in a stacked rack system would be provided. The proposed project’s site plan is shown on Attachment B.

3.0 TRAFFIC IMPACTS
A trip generation analysis has been conducted to determine the net traffic volume that would be generated by the proposed project. The project’s forecast trip generation was estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition) trip rates for Multifamily Housing (Mid-Rise) (ITE Land Use 221). Trip credits for the existing land uses that would be displaced of Convenience Market (ITE Land Use 851) and Automobile Parts and Service Center (ITE Land Use 943) were applied to the project site.

The trip rates and estimated project trip generation are shown on Attachment C. After applying existing use trip credits for the displaced land uses, the project is estimated to generate approximately 1,054 less daily trips, including 108 less trips in the AM peak hour and 21 less trips in the PM peak hour, compared to existing conditions.

4.0 VEHICLE MILES TRAVELED ASSESSMENT
Senate Bill 743 (SB 743) was approved by the California legislature in September 2013.

SB 743 requires changes to CEQA, specifically directing the Governor’s Office of Planning and Research (OPR) to develop alternative metrics to the use of vehicular “level of service” (LOS) for evaluating transportation projects. OPR has prepared a technical advisory (“OPR Technical Advisory”) for evaluating transportation impacts in CEQA and has

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030 recommended that VMT replace LOS as the primary measure of transportation impacts.

The Natural Resources Agency has adopted updates to State CEQA Guidelines to incorporate SB 743 that requires use of VMT for purposes of determining a significant transportation impact under CEQA. As of July 1, 2020, a VMT-based metric is used to evaluate transportation impacts under CEQA.

OPR Technical Advisory suggests that a City may screen out VMT impacts using project size, maps, transit availability, and provision of affordable housing to quickly identify when a project would be expected to cause a less than significant impact without conducting a detailed study. The City of Gardena SB 743 Implementation Transportation Analysis Updates (June 2020) provides guidance on appropriate screening thresholds that can be used to identify when a proposed land use project is anticipated to result in a less than significant impact without conducting a more detailed level analysis.

Screening thresholds consist of the following:

1. Project Type Screening;

2. Low VMT Area Screening; and

3. Transit Proximity Screening.

A land use project is required to meet only one of the above screening thresholds to be presumed to result in a less than significant impact under CEQA pursuant to SB 743. The Low VMT Area Screening threshold has been used for the project, as discussed below.

Low VMT Area Screening
As described in the City Guidelines, residential and office projects located within a low VMT generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary.

Low VMT areas for residential projects are defined as TAZs that generate VMT on a per capita basis that are at least 15% lower than the regional average. Attachment D illustrates the project is located in a TAZ that has VMT at least 15% lower than the regional average. Further, the project is expected to generate fewer net new daily trips than the existing uses. Therefore, the project may be presumed to have a less than significant VMT impact.

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kimley-horn.com 1100 W Town and County Road, Suite 700, Orange, CA 92868 714 939 1030

5.0 CONCLUSION
As is evidenced by the discussions presented above, the project would generate fewer trips than the existing uses, resulting in a less than significant traffic impact concerning VMT, based on Low VMT Area screening. Therefore, pursuant to State CEQA Guidelines Section 15332(d), the project would not result in any significant effects relating to traffic.

Project Site

ATTACHMENT C

SUMMARY OF PROJECT TRIP GENERATION

WESTERN SRO APARTMENTS PROJECT
Trip Generation Rates 1
ITE AM Peak Hour PM Peak Hour
Land Use Code Unit Daily In Out Total In Out Total
Multifamily Housing (Mid-Rise) 221 DU 5.440 0.094 0.266 0.360 0.268 0.172 0.440 Convenience Market 851 KSF 762.280 31.270 31.270 62.540 25.046 24.064 49.110 Automobile Parts and Service Center 943 KSF 16.280 1.431 0.529 1.960 0.904 1.356 2.260 Trip Generation Estimates
AM Peak Hour PM Peak Hour
Land Use Quantity Unit Daily In Out Total In Out Total
Convenience Market 2.100 KSF 1,601 66 66 132 53 51 104
-53 0 0 0 -27 -26 -53
Automobile Parts and Service Center 10.080 KSF 164 14 5 19 9 14 23 1,712 80 71 151 35 39 74
Multifamily Housing (Mid-Rise) 121 DU 658 11 32 43 32 21 53 658 11 32 43 32 21 53
-1,054 -69 -39 -108 -3 -18 -21
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition 2 Source: Institute of Transportation Engineers (ITE) Trip Generation Handbook, 3rd Edition Existing Use
Proposed Use
Pass-by Trips (51% PM) 2
Total Existing Trips
Total Proposed Project Trips
Net Difference (Proposed Minus Existing)
Western SRO Apartments Project
Trip Generation and VMT Memodrandum
Kimley-Horn and Associates, Inc.

September 2021
Project Site
December 16, 2021
Rita Garcia
Project Manager
Kimley-Horn
1100 West Town and Country Road, Suite 700
Orange, California 92868
Subject: Preliminary Results for a Cultural Resources Assessment of the SRO Apartments Project, Gardena, Los Angeles County, California (BCR Consulting Project No. KIM2120)
Dear Rita:

BCR Consulting LLC (BCR Consulting) is presenting you with the following preliminary results for a Cultural Resources Assessment of the SRO Apartments Project (Project) located in the City of Gardena (City), Los Angeles County, California. Final results will be submitted upon receipt of the South Central Coastal Information Center (SCCIC) records search results.

Research
Although the SCCIC records search results have not been completed, BCR Consulting has completed land-use history research for the Project site. The property comprises two historic period buildings that require evaluation for California Register of Historical Resources listing eligibility. Assessor records show that Building 1 comprises a 2,100 square foot convenience store building constructed in 1965 and located at 13126 Western Avenue. The site was originally occupied by Arnold's Dairy, and eventually by other convenience stores. It has not been associated with any important events or individuals. Building 2 is a 10,080 square foot industrial building constructed in 1976 and located at 13130 Western Avenue, southeast of Building 1. It was originally occupied by a wholesale hardware business and currently by J & D Towing Auto Body Repair and Auto Sales. Building 2 has not been associated with any important events or individuals.

Field Survey
BCR Consulting Staff Historian George Brentner, B.A. visited the Project site on October 20, 2021. The entire Project site is paved, therefore, there is no potential to identify archaeological resources. The two historic-period buildings are in place as indicated above. Digital photographs (context and detail views) have been taken of each building, and they have been described in field notes. Building 1 is a wood-frame convenience store with side-gable roof. It is in fair condition, and no alterations were visible. Building 2 is constructed of brick and has a flat roof. The facade is partially shaded by a tile-roof awning and is accessed by two glass and aluminum doors located above a raised entry. The building contains three truck loading docks. It isin good condition, and no alterations were visible. Neither of the two buildings exhibit any important or interesting architectural features.

Report and Department of Park and Recreation Forms
The Cultural Resources Report and Department of Park and Recreation (DPR) 523 Forms are being prepared. However, these cannot be finalized until the SCCIC records search results are received. Based on the known information, as summarized above, neither of the two historic-period buildings that occupy the subject property appear to be significant under CEQA. As such, development constraints and mitigations related to cultural resources are not anticipated.

Paleontological Overview
The geologic units underlying the Project area are mapped as Quaternary alluvium dating to the Pliocene-Holocene, which is potentially fossiliferous. Quaternary alluvial units are considered to be of high paleontological sensitivity. The Western Science Center does not have localities within the Project area, but does have numerous localities within similarly mapped alluvial sediments throughout the region. Pleistocene alluvial deposits in southern California are well documented and known to contain abundant fossil resources including those associated with Columbian mammoth (Mammuthus columbi), Pacific mastodon (Mammut pacificus), sabertooth cat (Smilodon fatalis), ancient horse (Equus sp.), and many other Pleistocene megafauna. Any fossils recovered from the Project area would be scientifically significant. Excavation activity associated with development of the area has the potential to impact the paleontologically sensitive Quaternary alluvial units and the Western Science Center recommends that a paleontological resource mitigation plan be put in place to monitor, salvage, and curate any recovered fossils associated with the current study area.

Sacred Lands File Search
The Sacred Lands File search results with the Native American Heritage Commission were negative.

If you have any questions or comments regarding this proposed scope of work, please contact me at 909-525-7078 or [email protected].

Sincerely,
BCR Consulting LLC
David Brunzell, M.A./RPA
Principal Investigator/Archaeologist
Attachment A: Photos
Photo 1: Convenience Store at 13126 Western Avenue
Photo 2: Industrial Building at 13130 Western Avenue
0 0

EXHIBIT A

CITY OF GARDENA
CONDITIONS OF APPROVAL FOR SITE PLAN REVIEW #5-21;
CONDITIONAL USE PERMIT #5-21; CONDITIONAL USE PERMIT #6-21

GENERAL CONDITIONS
GC 1. The applicant accepts all of the conditions of approval set forth in this document and shall sign the acknowledgement.

GC 2. Applicant shall comply with all applicable written policies, resolutions, ordinances, and laws in effect at time of approval, or at time of permit applications. These conditions of approval shall supersede all conflicting notations, specifications, and dimensions which may be shown on the project development plans.

GC 3. The approved resolution, including these conditions contained herein and the signed acknowledgement of acceptance, shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans prior to building plan check submittal. Said copies shall be included in all development plan submittals, including revisions and the final working drawings.

GC 4. The site layout and physical appearance of the courts and existing structure shall be in accordance with the plans presented to and approved by the Planning and Environmental Quality Commission on February 15, 2022, and modified by these conditions of approval. Minor modifications or alterations to the design, style, colors, and materials shall be subject to the review and approval of the Community Development Director. Substantial modifications will require review and approval by the Planning Commission.

GC 5. The applicant shall reimburse the City for all attorney’s fees spent in processing the project application, including review of all documents required by these conditions of approval prior to issuance of a final building permit.

GC 6. Applicant/developer shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding, damages, costs (including, without limitation, attorney’s fees), injuries, or liability against the City or its agents, officers, or employees arising out of the City’s approval of Site Plan Review #5-21, Conditional Use Permit #5-21, and Conditional Use Permit #6-21. The City shall promptly notify the applicant/developer of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant/developer of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the applicant/developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Although the applicant/developer is the real party in interest in an action, the City may, at its sole discretion, participate in the defense of any action with the attorneys of its RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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own choosing, but such participation shall not relieve the applicant/developer of any obligation under this condition, including the payment of attorney’s fees.

SITE PLAN REVIEW
SPR1. Site Plan Review #5-21 shall be utilized within a period not to exceed twelve (12) months from the date of approval unless an extension is granted in accordance with Section 18.46.040 of the Gardena Municipal Code. Utilization shall mean the issuance of building permits.

CONDITIONAL USE PERMITS
CUP1. Conditional Use Permit #5-21 shall be utilized within a period not to exceed 12 months from the date of approval unless an extension is granted in accordance with Section 18.46.040 of the Gardena Municipal Code. Utilization shall mean the issuance of a building permit.

CUP2. Conditional Use Permit #6-21 shall be utilized within a period not to exceed 12 months from the date of approval unless an extension is granted in accordance with Section 18.46.040 of the Gardena Municipal Code. Utilization shall mean the issuance of a building permit.

CUP3. In the event noise, lighting or traffic nuisances or other public safety issues are brought to the attention of the City, the Community Development Director may impose further conditions or restrictions on the site operations to ensure land use compatibility.

CUP4. All motorized equipment used in construction shall be equipped with functioning mufflers as mandated by the State.

CUP5. The applicant shall provide screening on the two automated parking structures, along the south and west elevations of each.

PLANNING
PL1. The applicant/developer shall submit for review and approval detailed landscape and irrigation plans prepared by a licensed landscape architect to the Director of Community Development or designee and the Director of Public Works that is consistent with the State’s Water Efficient Landscape Guidelines.

At a minimum, tree size shall be 24-inch box and shrubs shall be five (5) gallon size. Metal cages, painted green, shall be used to protect irrigation check valves and controllers. All above ground piping, such as double detector check valves, shall not be placed in front setbacks and shall be screened with landscaping and painted green. Protective bollards shall be of a decorative type and/or painted green where appropriate.

RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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PL2. The management office shall maintain landscaping in a healthy and well-kept manner at all times. All landscape areas shall be provided with automatic irrigation. Dead or damaged landscape material and vegetation shall be replaced immediately. The irrigation system shall be maintained at all times.

Trees shall be permitted to grow to their maximum height.

PL3. Protective bollards shall be of a decorative type and/or painted green where appropriate.

PL4. Colors and materials as shown on the development plans as presented to the Planning Commission on February 22, 2022, are approved. Deviation from colors and materials shall not be made unless approved by the Community Development Director.

PL5. The Applicant/developer shall maintain the property in a clean and orderly condition at all times and remove any graffiti from the site within 48 hours of its discovery in matching colors to the underlying surfaces.

PL6. Any signage shall comply with the provisions of Chapter 18.58 of the Gardena Municipal Code.

PL7. Decorative and colored concrete shall be provided at vehicular entrances along Western Avenue to the satisfaction of the Planning Division.

PL8. The Applicant/developer shall place all mailboxes in accordance with U.S.

Postal Regulations, as reviewed and approved by the Director of Community Development and the Gardena Postmaster prior to the issuance of a Certificate of Occupancy.

PL9. The Applicant/developer shall submit a site lighting plan, with photometrics, for review and approval by the Building Official and the Director of Community Development prior to the issuance of building permits. The plan shall ensure that all exterior lighting (i.e., parking areas, building areas, and entries) shall employ illumination in a manner that meets the approval of the Building Official and the Director of Community Development. All light fixtures shall be designed and located in a manner that does not allow spillover onto adjacent properties.

PL10. The project shall comply with the City’s Noise Ordinance (Gardena Municipal Code Chapter 8.36 and specifically Section 8.36.050, interior noise standards).

If the project cannot comply with the Noise Ordinance the applicant shall provide an acoustical analysis which shall be submitted to the Gardena Building Division for review and approval in conjunction with the building permit application review.

RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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PL11. The applicant shall enter into an affordable housing agreement with the City, as approved by the City Attorney’s Office and in conformance with the State’s Density Bonus Law.

BUILDING & SAFETY
BS1. The applicant/developer shall comply with all applicable portions of the California Building Standards Code (Title 24, California Code of Regulations) in effect at the time of permit application.

BS2. The applicant/developer shall comply with all conditions set forth by other departments and agencies, including but not limited to: Gardena Planning, Gardena Public Works, Los Angeles County Public Works, and Los Angeles County Fire Department.

BS3. The applicant/developer shall comply with the latest adopted Los Angeles County Fire Code and Fire Department requirements, as applicable.

BS4. All structures shall have fire protection via a sprinkler system under a NFPA 13R system.

BS5. The applicant/developer shall obtain separate County of Los Angeles Public Health Environmental Health approvals.

BS6. The Applicant/developer shall obtain separate County of Los Angeles Department of Public Works Environmental Programs Division approvals.

BS7. The Applicant/developer shall provide storm water management plan study prepared by a qualified engineer acceptable to the Building Official and the Engineering Division. These plans shall incorporate Low Impact Development Plan (LID) mitigation measures.

BS8. The Applicant/developer shall demonstrate that coverages has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing shall be provided to the Chief Building Official and the City Engineer. Projects subject to this requirement shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP shall be kept at the project site and be available for review on request. Best Management Practices shall be used during construction to prevent construction materials and soil from entering the storm drain.

BS9. The applicant shall provide a complete hydrology and hydraulic study prepared by a qualified engineer, and comply with the recommendations of the engineer, to the satisfaction of the Building Official.

BS10. The applicant shall submit a Final Geotechnical Investigation for City RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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review/approval and comply with its recommendations and any revisions deemed necessary by the City’s Building Official. The Gardena Building Services Division will review construction plans to verify compliance with standard engineering practices, the GMC/CBSC, and the Geotechnical Investigation’s recommendations.

BS11. If fossils or fossil bearing deposits are encountered during ground-disturbing activities, work within a 25-foot radius of the find shall halt and a professional vertebrate paleontologist (as defined by the Society for Vertebrate Paleontology) shall be contacted immediately to evaluate the find. The paleontologist shall have the authority to stop or divert construction, as necessary. Documentation and treatment of the discovery shall occur in accordance with Society of Vertebrate Paleontology standards. The significance of the find shall be evaluated pursuant to the State CEQA Guidelines. If the discovery proves to be significant, before construction activities resume at the location of the find, additional work such as data recovery excavation may be warranted, as deemed necessary by the paleontologist.

BS12. Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and California Division of Occupational Safety and Health (Cal/OSHA) certified building inspector to determine the presence or absence of asbestos containing-materials (ACMs).

The sampling method to be used shall be based on the statistical probability that construction materials similar in color and texture contain similar amounts of asbestos. In areas where the material appears to be homogeneous in color and texture over a wide area, bulk samples shall be collected at discrete locations from within these areas. In unique or nonhomogeneous areas, discrete samples of potential ACMs shall be collected. The survey shall identify the likelihood that asbestos is present in concentrations greater than 1 percent in construction materials. If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard.

Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the South Coast Air Quality Management District (SCAQMD) Rule 1403. Common asbestos abatement techniques involve removal, encapsulation, or enclosure. The removal of asbestos is preferred when the material is in poor physical condition and there is sufficient space for the removal technique. The encapsulation of asbestos is preferred when the material has sufficient resistance to ripping, has a hard or sealed surface, or is difficult to reach. The enclosure of asbestos is to be applied when the material is in perfect physical condition, or if the material cannot be removed from the site for reasons of protection against fire, heat, or noise.

BS13. If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. A RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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portable, field X-ray fluorescence (XRF) analyzer shall be used to identify the locations of potential lead paint, and test accessible painted surfaces. The qualified Environmental Professional shall identify the likelihood that lead is present in concentrations greater than 1.0 milligrams per square centimeter (mg/cm2) in/on readily accessible painted surfaces of the buildings.

If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard.

Potential methods to reduce lead dust and waste during removal include wet scraping, wet planning, use of electric heat guns, chemical stripping, and use of local High Efficiency Particulate Air (HEPA) exhaust systems. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the City Engineer.

BS14. The applicant/developer submit a grading plan for review and to the satisfaction of the Chief Building Official. Grading shall be in substantial conformance with the proposed grading that is approved by the Planning Commission. Surety shall be posted to the satisfaction of the Building Official and the City Attorney guaranteeing completion of grading within the project
BS15. The applicant/developer shall submit a Final Priority WQMP to the Building Division for review and approval. This plan shall be in conformance with all current NPDES requirements. The WQMP must implement Low Impact Development (LID) principles such that projects infiltrate, harvest, re-use, evaporation, or bio-treat storm water runoff. Sheet flowing storm-water, without filtering, is no longer acceptable.

BS16. The applicant/developer shall provide parking lot structural sections, which shall be based on recommendations of a soils engineer, to be approved by the City Engineer and Building Official.

BS17. The applicant/developer shall install new public fire hydrant(s) to the satisfaction of the Los Angeles County Fire Department and City Engineer.

BS18. The applicant/developer shall prepare construction and demolition waste recycling plans for review and approval by the Building Division.

Applicant/developer shall enroll in the city’s waste diversion program.

BS19. Address shall be posted on the outside gate and on the curb per CA Building and Fire codes.The Applicant/developer shall apply for new addresses with the Community Development Department, prior to obtaining building permits.

PUBLIC WORKS – ENGINEERING DIVISION
PW1. All work in the public right of way shall be constructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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latest edition. This includes supplements thereto and City of Gardena Standard Drawings.

PW2. Before undertaking any Encroachment/Excavation within the public right of way, the owner must first obtain the applicable permit from the Public Works Engineering Division.

PW3. The project shall utilize the County’s benchmarks and any controlling survey monumentation (property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of the project must be preserved in accordance with Section 8771(b) of the California Business and Professions Code (Professional Land Surveyors Act). Preconstruction field ties, along with the preparation and filling of the required Corner Records or Record of Survey with the County of Los Angeles, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying.

Copies of said records shall be furnished to the City Engineering for review and approval prior to issuance of any onsite or offsite construction permit. In addition, any monuments disturbed or destroyed by this project must be reset and postconstruction Corner Records or Record of Survey filed with the County of Los Angeles. A copy of the recorded documents shall be submitted to the Engineering office for review and approval prior to issuance and/or finalizing any permits within the public right of way.

PW4. Prior to issuance of permits, all public improvements (if any) shall be guaranteed to be installed by the execution of an Agreement for Public Improvements secured by sufficient bond sureties or cash, complete indemnification form, Certification of Insurance (General Liability, Auto & Workers Compensation) naming City of Gardena as additional insured, contractor State License and City Business License.

PW5. All public improvements, studies, designs, plans, calculations and other requirements shall be installed, provided and supplied by the developer in accordance with City and State codes, policies and requirements at no cost to the City.

All work shall comply with City Standards and specifications and with the City of Gardena Municipal Codes and to be designed and signed by a registered Civil Engineer or other applicable professional license engineer(s).

PW6. The applicant shall remove and replace all sidewalk, curb & gutter, abandoned driveways, ADA ramps, street and traffic signages, fronting the property. All incidental improvements such as traffic markings, re-painting existing curbs, curb drains, etc., shall also be included.

PW7. The applicant shall remove all three (3) existing trees along Western Ave. and replant with 24” box Bronze Loquat per the city’s standard tree planting detail.

Remove one (1) existing damage tree along 132nd Street and replant with 24” box Crape Myrtle per the city’s standard tree planting detail. All street tree(s) RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

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improvements to be coordinate with City Public Works Park’s Superintendent, Kevin Thomas (310.217.9657).

PW8. The applicant shall provide sewer capacity analysis for the proposed sewer main connection to be submitted to the Public Works Engineering Division for review. If determined that the existing connection and main line(s) are deficient or in poor condition, improvements to be imposed. Sewer fees will be based on type of facility. Industrial waste clearance may be required.

PW9. The applicant shall provide traffic control plans per WATCH (Work Area Traffic Control Handbook) and/or California MUTCD (California Manual on Uniform Traffic Control Devices) per the latest standard pending proposed controls (permanent-overnight or temporary). The temporary/permanent traffic control plans shall be prepared by, or under the direction of, a licensed civil engineer or other authorized to practice traffic engineering.

PW10. The applicant shall provide Street Improvement Plans showing all requirements and submit to Public Works Department for review and approval. Street Improvement Plan shall be stamped and signed by a Civil Engineer Registered in the state of California. An As-built plan signed and stamped by the Engineer of Record shall be submitted to Public Works Department prior to finalizing and closing permit. Any deviations from the approved plan will require a submittal of plan revision for the City review and approval.

PW11. The applicant/developer is responsible for all applicable permit, plan check surety, and other incidental fees pertaining to the proposed project.

LOS ANGELES COUNTY FIRE DEPARTMENT
FD1. The applicant shall submit the plans to the Los Angeles County Fire Department for approval and shall comply with all applicable Los Angeles County Fire Department requirements.

LOS ANGELES COUNTY SANITATION DISTRICTS
SD1. The applicant shall pay a connection fee before a permit to connect to the sewer is issued. For more specific information regarding the connection fee application procedure and fees, please contact the Connection Fee Counter at (562) 908- 4288, extension 2727.

Lee Johnson, West Realty Group, Inc., certifies that he has read, understood, and agrees to the project conditions listed herein.
_______________________________________________ _______________ Lee Johnson Date
RESO NO. 6570; SPR #5-21; CUP #5-21; CUP #6-21
March 22, 2022

Page 9 of 9 ends

West Realty Group, Inc.

Management Plan for
The Western Ave. Apartment Communities
Located at: 13126 Western Ave. Gardena
Western Apartments
2 Table of Contents

1.0 Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

1.1 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

1.2 Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.3 Keys to Success . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 3

2.0 Company Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 3

2.1 Company Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.2 Company Locations and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3.0 Management Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3.1 Management Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3.2 Leasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3.2.1 Leasing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3.2.2 Leasing Documents -Sample. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3.2.2.1 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

3.2.2.2 Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

3.2.2.3 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

3.2.2.4 Addendums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

3.2.3 Leasing Timeframe / Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

3.3 Rental Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

3.4 Maintenance and Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

3.5 Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.0 Services/Amenities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.1 Leasing/Management Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.1.1 Rent Payment Conveniences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.2 Unit Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.3 Disability Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.4 Business Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.5 Internet Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.6 Safety Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.6.1 Gated Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.6.2 Security Cameras . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.6.3 Electronic Apartment Keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.7 Gym. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

5.0 Marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

5.1 Website and Building Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

5.2 Local and Southern California Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

5.3 National Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

5.4 Open House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Western Apartments
3 1.0 Executive Summary
The RFLA eFund I, LLC (which shall be referred to as RFLA) has been formed for the purpose of the development and management of 121 units within one apartment building located at 13126 Western Ave. in Gardena, CA. RFLA will be providing for apartments at marketrate rents. By being involved in each step of the way from development to rental, we at RFLA can ensure our customers that they are receiving the highest quality living. Will be providing high quality housing that offers both up-to-date technological amenities as well as state-of-the-art living conditions at affordable rental rates. At this time, the building will be referred to as "Western Ave. Apartments." Western Ave. Apartments will foster an atmosphere and a quality of life that is of the highest standards. Customer satisfaction, safety and an overall healthy working relationship are our main goals at RFLA.

1.1 Objectives

1. Provide reasonably priced rental housing units in an area with a lack of newly built affordable priced apartments.

1.2 Mission
Western Ave. Apartments will provide high-quality, comfortable rental apartments in Gardena. Our apartments will offer state-of-the-art architectural design and living conditions reflective of today's technology and a growing need for quality housing in the area. Our company is dedicated to a hassle-free living environment in which our tenants can enjoy all the benefits of safe, attractive, and inviting units. Unlike many other real estate companies that are solely concerned with turning profits, RFLA is to maintain the highest level of customer satisfaction that is achievable. Tenant safety, happiness, and comfort are extremely important to our operations.

Western Ave. Apartments is being built to compliment the local area in three main aspects: design, usability, and functionality. The apartments are designed to be priced at market rent rates. Within the company, we have strived to work as a cohesive, harmonious unit focused on exemplifying our mission. Just as customer satisfaction is an intricate part of RFLA's success, so is employee satisfaction. That is why the founders of RFLA believe that employee satisfaction will make the company a success and will be the key to their longevity.

1.3 Keys to Success

1. Safe, quality housing that provides state-of-the-art amenities at competitive prices.

2. Maintaining open communication between RFLA and its residents to ensure the highest level of customer satisfaction and long lasting reputation within the community.

3. Experienced staff with professional leasing and management experience.

2.0 Company Summary
RFLA has been formed for the development and management of the apartments at 13126 Western Ave.

Primary experience and expertise has been in the development of high-quality, urban infill projects such as condos, apartments and mixed-use buildings. Its members have years of experience in all aspects of real estate.

Western Apartments
4 2.1 Company Ownership
RFLA has been created as a Limited Liability Corporation. It will be owned by its investors who are also the Developers of the project. Their intention is for long-term holding and managing of the Western Ave. Apartments.

2.2 Company Locations and Facilities
RFLA will lease and manage the apartments from a leasing office located within the building during business hours. This office will also be available for maintenance, janitorial and repair service staff during business hours and we expect to have a minimum of one live-in manager on the premises. For after-hours emergencies, we will have a 24-hour phone number to call in addition to the live-in manager.

3.0 Management Operations
Management of operations will focus on 4 main areas:

1. Leasing.

2. Maintenance and repair (including emergencies).

3. Accounting of all business operations.

4. Security of tenants and property.

3.1 Management Team
The management team will be mostly departmentalized. Employees are delegated tasks based upon their specialty. Initial staff will include members already integrated with RFLA as well as additional staff with appropriate experience. At RFLA, we prefer to hire staff rather than outsource to ensure that our customer service and quality of work remains consistent with RFLA's mission.

The initial expected staffing is as follows:
-2 full-time managers: Job responsibilities include managing operations, overseeing staff, overseeing advertising and accounting. Responsibilities may also include some after-hours emergency calls if needed. -2 part-time leasing agents: Job responsibilities will be leasing of the residential units. This includes follow-up on advertising, communications with prospective tenants, apartment showings, processing of paperwork and tenant move-ins.
-1 part-time maintenance technician: Job responsibilities will include all in-house maintenance and repair issues including after-hour emergency calls. Job responsibilities may also overlap with janitorial staff. -1 part-time janitorial personnel: Job responsibilities will include weekly cleaning and maintenance. Job responsibilities may overlap with the maintenance technician and may also include after-hours emergencies. -In addition to our regular staff, there may be occasion to use trained temp-staffing to fill in any gap or emergency that may arise.

3.2 Leasing
The leasing of the apartments will be performed in a manner that is professional, consistent with our customer service objectives and in accordance with all local, state and federal guidelines. At RFLA, we have a vested interest
Western Apartments
5 in creating and maintaining a relationship with our residents. We want to provide great apartments with great customer service. This includes making the leasing process as hassle-free as possible.

3.2.1 Leasing Process
Western Ave. Apartments will be leased to market rate rental residents. The process for leasing an apartment will include the following steps:

1. An application must be completed to determine credit worthiness, income eligibility, and rental history. At RFLA, we are experienced in processing this type of information quickly and efficiently.

We also understand the importance of protecting an individual's privacy and personal information. Only limited authorized staff or auditors will have access to sensitive personal information of applicants and tenants.

2. After eligibility is approved and verified with the appropriate backup documents, we will sign a lease for the specific apartment to be rented. The minimum lease term shall be 30 days. At the time of lease signing we shall collect the first month's rent and an applicable security deposit.

3. If an applicant is denied based on credit or eligibility requirements they shall receive a written notice of such denial.

4. Once a lease is signed then the new tenant receives copies of the signed lease, rules and regulations, Gym rules and a packet of helpful information regarding the building and the local area.

Move in is scheduled for all new tenants so as not to conflict with other move-ins.

3.2.2 Leasing Documents
The leasing documents are generally composed of the following items:

1. Application

2. Lease

3. Rules and Regulations

4. Addendums
Western Apartments
6 3.2.2.1 Application- Sample
Western AVE. APARTMENT RENTAL APPLICATION

OCCUPANT
Name CoApplicant/Guarantor
Driver’s License No. Social Security No. DOB
Phone: Home Cell Email

EMPLOYMENT HISTORY
Current Employer
Address City State Zip
Supervisor Phone
Gross Monthly Salary Position How long?
Other income sources other gross monthly income
Co-applicant/Guarantor's Employer
Address City State Zip
Supervisor Phone
Gross Monthly Salary Position How long?
Other income sources other gross monthly income

RENTAL HISTORY
Present Address City State Zip
Rent Own Rental/Mortgage Amount Paid Monthly From/To Reason for leaving
Landlord's Name/Mortgage Co. Phone #
Previous Address City State Zip
Rent Own Rental/Mortgage Amount Paid Monthly From/To Reason for leaving
Landlord's Name/Mortgage Co. Phone #

BANKING REFERENCE
Name Phone#
Address City State Zip
Account # Checking Savings Balance
OTHER INFORMATION:

In the past have you failed to perform any obligation of a rental agreement or have you been a defendant in an eviction lawsuit?
If yes. Explain
Any pets(describe)
In case of emergency notify relationship
phone
The information on this application is true and correct to the best of my knowledge. I hereby authorize RFLA or its agents to verify the above information and obtain either a consumer or investigative credit report from Contemporary Information Corp. I understand that the $ fee for verifying this rental application is not a deposit, will not be applied to any rent, or refunded even if the application to rent is declined.

Signature Date
Signature Date
Western Apartments
7 3.2.2.2 Lease-Sample
The lease terms and conditions may be changed and updated from time to time.

Residential Lease
This agreement made as of the date written below by , LLC “Lessee” does hereby lease to TENANT NAME “Lessee” herein, and Lessee hereby
hires and takes the premises (as defined below) for the term specified subject to all of the terms and provisions set forth below:

1. Premises: The premises here leased are situated at Western Ave. APT , Gardena, CA .

2. (a) Term. The term of this Agreement shall be for a month period commencing on Date Lease Starts . Any permitted holding over, with the permission of the landlord, after the term shall create only a month-to-month tenancy, terminable at any time thereafter by either party on 30 days written notice. (b) Notices. The notices provided for herein or required by law to be served by the Lessee to the Lessor shall be served upon the Lessor, by certified mail or by delivering a copy thereof to Lessor at Leasing Office, or to such other place as Lessor shall from time to time designate to Lessee in writing.

3. Rent. The rent for the premises shall be the sum of Monthly rent in dollars ($ ) per month, which rent Lessee hereby agrees to pay at the office of Lessor or at such other places as Lessor may from time to time designate. Lessee expressly agrees to pay said rent each month in advance. If the term of this agreement commences on any day other than the first day of the calendar rent, the rent for the second month shall be prorated to the first day of the calendar month and all monthly installments of rent payable by Lessee shall thereafter be paid in advance on the first day of each calendar month during the term. (a) All rental payments received after the third (3rd) day from the due date shall be subject to a late fee of $50.00. However, any payment not received by the first day from the due date shall be subject to a Three-Day Notice.
(b) Any returned check for any reason whatsoever shall be subject to a returned check fee of Twenty ($20.00) Dollars.
(c) If the Lessor for any reason cannot deliver possession of said premises to Lessee at the commencement of said term, the Lessor shall not be liable to Lessee for any loss or damage resulting therefrom, but there shall be a proportionate deduction of rent; nor shall this lease be void or voidable for a period of ten (10) days thereafter; and if for any reason said premises cannot be delivered within said number of days, then Lessee may, prior to Lessor’s delivery of the premises, declare this lease to be null and void and all money paid to Lessor shall be refunded to the Lessee.

4. Utilities. Lessee agrees to pay for utilities.

5. Deposits. In addition to the rent due hereunder, Lessee shall upon the signing of this Agreement, deposit with Lessor a SECURITY DEPOSIT in the amount of $ Said SECURITY DEPOSIT shall be paid for the faithful performance of Lessee’s obligation for rent or any damages or destruction of the premises or any part thereof for which Lessee is responsible hereunder. Lessor may, at his option, repair such damage or destruction, and in addition to any other remedies hereunder, apply such security deposit towards payment of the costs of such repair. In the event that such security deposit shall be applied in any manner authorized, Lessee agrees within ten (10) days after demand from Lessor, to deposit with Lessor an amount sufficient to restore the security deposit to 8 Western Apartments
the amount originally deposited hereunder. Failure to do so shall be a default hereunder. If actual costs of damage exceed the amount of the security deposit, Lessee shall personally pay any excess costs.

Lessee shall not apply any portion of this security deposit against unpaid rent. Authorized security deposits shall be accounted for within twenty-one (21) days after termination of residency and return of keys and transmitter(s).

6. Use of Premises. Lessee agrees to use the premises solely as a private residence, and that only the following persons and no others shall occupy the premises without the prior written consent of Lessor: The Lessee agrees to use the premises and all common areas made available to Lessee always in accordance with the Rules and Regulations attached hereto or hereinafter promulgated and further agrees not to violate any law or ordinance or any governmental authority with respect to the premises.

7. Condition of Premises; Maintenance and Repair; Right of Inspection. Lessee has inspected the premises and hereby accepts the premises in its as is physical condition, agreeing that no statement or representation as to the condition has been made by Lessor. Lessor may, at Lessor’s option, and without being under any obligation whatsoever to do so, enter the premises during normal business hours to examine the same, to make such repairs or perform such maintenance as Lessor may deem necessary or desirable, or exhibit the premises to prospective tenants, workmen, or contractors. Lessee agrees to maintain the interior of the premises always during the term hereof in good and clean condition as good as the present condition of premises (reasonable wear and tear excepted) and to return the premises to Lessor in such condition at the end of the term. (but without limitation), Lessee shall pay for any expense, damage or repair condition by the stopping or overflow of waste pipes, bathtubs, water closets, wash basins, disposals, dishwashers or sinks.

8. Assignment and Subletting. Lessee agrees, as a condition of continuation of this Agreement, not to sell, assign, transfer, set over, mortgage, hypothecate, or in any manner dispose of this Agreement, its term, or any part of its term, or the premises, in whole or in part, without the written consent of Lessor. In the event Lessor at any time shall give such written consent, it shall not be construed as a waiver of any other written consent above required, or for any other time or for any other reason.

9. Furniture and Fixtures. In the event the apartment is all or partially furnished, then all such furniture and fixtures are and shall remain the property of Lessor and Lessee hereby agrees that, in the event of any damage or destruction to such furniture or fixtures during the term of this Agreement (reasonable wear and tear excepted), Lessee will pay promptly, on demand, all costs of repair or replacement of such furniture or fixtures. Lessee shall not remove any of such furniture or fixtures from the premises at any time.

10. Pets. Lessee agrees that no pet or pets may be kept in or about the premises without the prior written consent of the Lessor. In the event such consent is granted, it shall apply only to that pet specified. All decisions on pets shall be subject to the discretion of the Lessor and his decision in each case shall be final. In the event consent is given with respect to a pet, such consent may be later withdrawn at any time by the Lessor upon notice to the Lessee whereupon Lessee shall immediately remove the pet permanently from the premises. Lessee agrees to pay for any damage to the premises or to the furniture, furnishing or equipment therein, caused by any pet. Lessee agrees to pay to the Lessor the sum of $ per month upon receiving consent to have the pet in or about the premises, and an additional security deposit of $ which sum shall be held by the Lessor as an additional security deposit. Said additional security deposit shall be added to any deposit under Paragraph 5 above; and, upon the expiration of the occupancy, such security deposit may be applied by the Lessor for any purposes permitted under Paragraph 5.

11. Alterations and Improvements. Lessee agrees not to make any alteration of, or make or add any improvement of any kind to the premises without obtaining Lessor’s written consent in advance, including without limitation, painting, wallpapering, permanent shelving
and flooring and changing of locks. All alterations, additions or improvements in and to said premises shall be the property of Lessor and shall remain upon and be surrendered with the premises. 9 Western Apartments
(a) Lessee shall keep the premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee.

12. Damage and Destruction. Lessee hereby indemnifies Lessor against, and agrees to pay on demand, for all reasonable costs of repair or restoration as a result of any damage or destruction to the premises or any part thereof resulting from the willful or negligent act of Lessee (and/or any person on the premises through or under Lessee’s direction including without limitation, guests of Lessee). In particular, but without limiting the generality of the foregoing, Lessee indemnifies Lessor against any damage or destruction resulting from leaving windows open during rains or storms, unnecessary flows of water from pipes, faucets or other sources, failure to turn off electrical appliances or lights when not in use, and littering of the premises or adjoining common areas.

13. Default by Lessee.
(a) The occurrence of any one or more of the following events shall constitute a default hereunder by Lessee: (I) The abandonment of the premises by Lessee; (II) the failure by Lessee to make any payment of rent or additional rent required to be made by Lessee hereunder as and when due; and, (III) the failure by Lessee to observe or perform any of the other provisions of this lease to be observed or performed by Lessee if such failure shall not be cured within three (3) days after notice thereof.
(b) Whether or not the premises are re-let by Lessor, Lessee shall remain obligated under the lease and shall pay to Lessor, until the end of the term hereof, the amount of rent required to be paid by Lessee hereunder, provided however, that in the event Lessor does re-let the premises, Lessor shall apply the rent or other proceeds actually collected by it as a result of re-letting against any amounts due from Lessee hereunder. In the event Lessor elects to terminate this lease, it may recover, in addition to the rent which has accrued as of the time of termination, the worth at the time of the award of the amount of rent for the balance of the term after termination, less the amount of such rental loss which Lessee proves could have been or could reasonably be avoided.
(c) Lessee shall pay all expenses incurred by Lessor in recovering possession of the premises and re-letting or attempting to re-let the same and all costs, including attorney’s fees, incurred by Lessor in exercising any remedy provided herein or in enforcing Lessee’s obligations hereunder as a result of litigation or otherwise.

14. Rules and Regulations. You shall comply with all rules and regulations(attachment) which govern the building and any part of its property, and any alterations or changes in the rules and regulations which we, in our discretion, may adopt for the building. You covenant and agree that all rules and regulations continued in this Lease and those which may be adopted later by us and made known to you have the same force and effect as covenants of the lease, and you covenant and agree that you family and visitors will observe all such rules and regulations. In addition, we reserve the right to alter, amend, or modify these rules and regulations, and you agree to abide by any alterations, amendments or modifications.

15. Subordination. This Agreement shall, without further act on the part of Lessee, be subject and subordinate to the lien of any mortgage and/or deed of trust or other encumbrance which may now exist upon, or which may hereafter be placed by Lessor upon the premises or property including the premises.

16. Waiver. The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other time, covenant or condition therein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent.

17. Possession. Failure to deliver possession of the premises at the time herein agreed upon shall not subject Lessor to liability for damage beyond the amount of the deposit received from Lessee.

Western Apartments
10 18. Auto Parking (if applicable). It is expressly understood and agreed that the assigned parking space at said premises is limited to private passenger vehicles and Lessee shall have no right to store any vehicles, boats or trailers or ANY other property on said parking space without written consent of Lessor. Car repairs, washing or painting are not permitted anywhere on the property. Lessee hereby grants to Lessor the undisputed right, with ten (10) days notice, to remove any vehicle from parking space which is inoperable in Lessor’s opinion, and remains inoperable for ten (10) consecutive days. Lessee further agrees that any vehicle owned by Lessee remaining on the property after the termination of this Agreement may be immediately removed with full immunity from damages for such removal, on the part of the Lessor. Lessor shall not park, or allow anyone else to park, in any other space on Lessor's property. Lessee shall not assign or sublet any such parking space and Lessor may have unauthorized vehicles towed away. Upon ten (10) days written notice to Lessee, Lessor may terminate Lessee's parking privilege or change the size and/or location of Lessor's parking space.

19. Lessor’s Representative (if applicable). Should the above premises be under the control of a resident manager, in that event Lessor appoints the resident manager as its duly authorized agent to manage the premises and to act for the purposes of services of process and for the purpose of receiving and receipting for all notices and demands.

20. Attorney’s Fees. In the event a suit shall arise relating to the terms and conditions contained in this lease or the breach thereof, the losing party shall pay to the prevailing party reasonable attorneys fees which shall be fixed by the Court.

21. Keys and Entry. Lessee shall at all times provide Lessor with a key to all locks on the premises. Lessee shall allow Lessor or Lessor’s representatives access to the unit for the purposes of making repairs or to inspect the unit, to show the unit to prospective tenants, purchasers, workmen or contractors.

Date: By:

Owner or Agent for Owner, "Lessor"
Date: By:

Tenant, "Lessee"

3.2.2.3 Rules and Regulations
The Western Ave. Apartments RULES AND REGULATIONS (Attachment #1) These rules and regulations are a binding part of your lease. A violation of any of these rules may be considered a failure to honor our lease obligations, and consequently, you may be considered in default and subject to legal action under the lease and the law.

1. RENTAL PAYMENT - Rent is due on or before the first day of each month. Checks should be made payable to the management company for the full amount of rent. Failure to pay all rent will expose all tenants in the apartment to eviction proceedings, and consequently, you will be subject for payment of Landlord's legal costs and fees. Please make arrangements well in advance to see that rent is paid in a timely manner. Rent is preferred in the form of a check or money order. Also, please be sure that your apartment number is clearly written on your check to help us properly credit your rent.

2. PARTIES AND EXCESSIVE NOISE - Be forewarned: The Landlord will vigorously enforce all Lease provisions with regard to excessive noise and parties. You are bound by you lease to be responsible for the behavior of your guests and to respect the rights of other tenants at The Western Ave. Apartments. After 10:00pm is considered quiet time. Again, you are responsible for the behavior of yourselves and your guests. If you have guests/a party and it causes any disturbance which is too big, uncontrollable, or disturbing others, management and/or the police will shut it down. Any violations of the party and noise provision of the lease will result in Western Apartments
11 written warnings being sent to the tenants and their guarantors. More than one written complaint for noisy behavior may be considered grounds for eviction. Likewise, if you find that you are disturbed or bothered by the behavior of other tenants, and you have failed in your attempts to remedy the situation, please contact management and/or the police to allow us to address the situation. All complaints made to management will be held confidentially.

3. ILLEGAL USE OF PREMISES - All residents agree not to engage in or permit unlawful activities. This includes under age drinking and illegal drug related activities in the apartment, hallways, common areas, or grounds.

4. ALCOHOLIC BEVERAGES ON THE GROUNDS - Alcoholic beverages shall not be consumed on the grounds, in the hallways, or in the common areas of The Western Ave. Apartments.

5. SMOKING - Smoking is NOT permitted in common areas of the property.

6. GARBAGE AND RECYCLING - All trash must be disposed of properly in the trash chutes or dumpsters conveniently around the property. It is mandatory to recycle in The Western Ave. Apartments. Recycling collection sites are located adjacent to each dumpster for newspaper, glass, cardboard, and metal cans. Glass and cans must be rinsed out. Each apartment has been provided with one recycling bin. Any bin that is not left at the end of the tenancy will be charged against your security deposit.

7. LITTERING -Residents and guests shall not litter the common areas or grounds of the complex. Personal property (bicycles, strollers, etc.), may not be left in the hallways or chained to trees, etc. Such items may be considered abandoned and disposed of by the management.

8. BALCONIES AND YARDS - Residents shall not store garbage on their balconies or yards. Residents shall not hang laundry outside. For safety reasons, please do not hang or place plants directly on top of balcony railings.

All yards and balconies must be kept neat and clean.

9. SERVICE REQUESTS - All service and maintenance requests will be handled as promptly as possible. Please submit all service requests in writing by email or in the office mailbox. Requests should not be made directly to the maintenance staff, as this will upset the system we have in place to best serve our residents. If you have an emergency maintenance request after or before office hours, please contact our emergency number. Feel free to use this number anytime you are unable to contact the office with an emergency. Our answering service person will take your name, telephone number, and apartment number and relay your request to the maintenance personnel. Please do not use the emergency number for routine matters.

10. KEYS - Lost keys will be replaced at a cost of $15.00 each. Occasionally, a resident may wish to have his/her lock changed, the charge for this is $25.00. If you get locked out of your apartment during normal business hours, we will be happy to open the door at no charge as soon as possible. After normal business hours and on weekends there is limited lockout service available. Monday through Friday between 4:00pm and 9:00pm, and on weekends/Holidays between 9:00am and 4:00pm, lockout service is available for a charge of $35.00. Monday through Friday between 9:00pm and 9:00am, and on weekends/Holidays between 4:00pm and 9:00am, lockout service is available through our locksmith only and the charge is $75.00.

11. PARKING -
A. All vehicles must be parked in a designated parking space.

B. Any vehicle parked in a non-designated area, such as the fire lane, or in front of a dumpster will be towed at the vehicle owner's expense without further notice. If a permit has been issued to that car, it may be revoked and all parking privileges suspended.

Western Apartments
12 C. Any resident car, with or without a resident sticker, parked in such a space will be towed at the vehicle owner's expense.

D. Only vehicles with valid Western Ave. Apartment Parking Permits may park in resident parking areas.

Cars parked without permits are subject to towing at the vehicle owner's expense.

E. All permits remain the property of The Western Ave. Apartments. The landlord reserves the sole right to revoke any permit from any tenant not observing the parking regulations.

F. No repairs (including washing of cars and changing oil) may be done to vehicles anywhere on The Western Ave. Apartment's property.

G. No double parking (end to end) is allowed anywhere.

H. All vehicles must be registered and insured

12. SMOKE DETECTORS - All smoke detectors have been checked to ensure that they are working when a tenancy begins. Residents agree to notify management in the event there is any problem with either the smoke detector and/ or emergency lighting/smoke detectors in the common hallway. If we find a smoke detector vandalized, or removed, the tenant will be charged $50.00 plus the cost of materials for putting the smoke detector back into working order.

Smoke detectors and other fire safety equipment are provided for your safety as well as the safety of others. We reserve the right to prosecute to the full extent of the law in the event you or your guests vandalize any fire safety equipment. We reserve the right to check your smoke detector when performing other maintenance in your apartment, or at other times during your tenancy. If your smoke detector is found to be not working properly during one of these checks, it will be repaired and you will be charged.

13. MOVING - Moving in and out of apartments is permitted between the hours of 8:30am and 5:00pm. Cars and trucks are not permitted on the curbs, sidewalks, etc. while you are moving in or out, and are subject to towing without further notice. Any damage to the common areas caused by your moving will be charged accordingly.

14. GYM AND BAR-B-QUE - Please see the most updated Rules and Regulations. Hours and Rules will be posted within the complex. NO ALCOHOLIC BEVERAGES OR FOOD OR SMOKING IS PERMITTED ANYWHERE IN THE PUBLIC AREAS OR GYM.

15. PET POLICY - One small pet under 20 lbs are permitted with management approval. Please see the Pet agreement for rules and regulations governing pets. Any animal found in either the common hallways or on the grounds is subject to immediate removal by a member of RFLA Staff. Any animals found will be turned over to the town or an animal shelter. An animal will neither be returned to any resident, nor to any neighbor. If we have become aware for any reason of an animal living in an apartment without written approval, the tenants shall receive a written notice immediately that they have five (5) days to remove the animal, or eviction proceedings will commence.

16. DELIVERIES - The Management Office is not responsible for any loss or damages resulting from the delivery of residents’ packages to the office in the case that the residents are not home. Residents are free to request that packages not be left at the office.

17. SALES & SOLICITING - All sales and soliciting are strictly prohibited on The Western Ave. Apartments property.

18. DAMAGE TO THE APARTMENT/COMMON AREAS - Tenants will be strictly held responsible for damages in their apartments and to the common areas. You are also responsible for any damage done by your guests. A written bill will be sent shortly after the damage is noticed and payment is expected promptly upon receipt. Further, maintenance that is required beyond usual wear and tear will be charged to the tenants (this includes toilet back ups because of improper use, holes in walls, etc.).

Western Apartments
13 19. MOVE OUT PRIOR TO THE EXPIRATION OF LEASE - Each tenant must realize that moving out prior to the expiration of the lease does not release such tenant or any guarantor if applicable. This means you are each responsible for the actions of your roommates. The Landlord does not differentiate between you individually, with respect to this you are all treated as a group. If you move out prior to the expiration of the lease, you must notify the office in writing and return your keys. You will remain responsible for payment of rent and other charges until the earlier of the original expiration of your lease, or our leasing the apartment to a new tenant who takes possession. In addition, you may be held responsible for leasing costs that may include but are not limited to cleaning the apartment, painting, advertising, etc. If you move out and fail to pay rent the management/owners may go to court and obtain a judgement for monetary damages against the tenant and/or the guarantors of the lease.

20. SECURITY DEPOSIT REFUNDS - Apartments will be inspected for damages shortly after the tenants vacate the apartment. Security Deposit refunds will be made in the name of the tenant/guarantor on the lease, unless we receive a form (available in the office) indicating to whom the check should be made payable. In no event will we issue separate checks. It is important that you give us a forwarding address for the check. Failure to give us a forwarding address may delay return of your Security Deposit. Security Deposits will be return within (21) days from move out.

21. SUGGESTIONS - We welcome all constructive criticism of any policy we may have, and welcome your suggestions for improving the overall quality of living at The Western Ave. Apartments. Please feel free to call upon the Manager with your thoughts.

22. WESTERN AVE. GROUP STAFF - It is the policy of the owners and management to be responsive and courteous. If you feel someone has been rude or unreasonable please contact Lee Johnson at 310-892-2244.

23. CHANGES TO RULES AND REGULATIONS - The landlord reserves the right to change and/or amend these rules and regulations at any time.

GENERAL RULES

1. The gym and bar-b-que areas are to be used only between the hours of 8:00 A.M. and 8:00 P.M. This is subject to change per posted signage by management.

2. The gym is reserved exclusively for use of residents of the building and their guests.

3. Children under the age of Sixteen (16) shall not use gym without an adult in attendance.

4. No food may be served or eaten in or around the gym area at any time without Owners/Agent's consent.

Refreshments must be served in unbreakable containers.

5. No alcoholic beverages shall be served or consumed in or around the public area of the complex at any time. No person under the influence of alcoholic beverages is permitted in or near the gym.

6. Running and jumping, “horseplay,” fighting, boisterous or dangerous conduct, and/or any noisy behavior disturbing to the other residents, is forbidden in or around the complex or gym areas.

7. No radios, record players, or other musical instruments may be used in or around the complex or gym area without the consent of Owner/Agent.

8. Residents and their guests are required to be properly attired always, going to and from and in or around the complex and gym areas.

9. Residents and guests will place their own towels over furniture when using suntan oil or other lotions.

10. No smoking is allowed at the property
Western Apartments
14 11. No trainers or professional classes are allowed or are being hired in the complex or gym

12. Persons using the gym facilities do so at their own risk. • Owner/Agent is not responsible for accidents or injuries during the misuse of equipment. • Owner/Agent is not responsible for articles unattended, lost, damaged or stolen within the gym.

3.2.2.4 Addendums
The need for lease addendums may arise. RFLA will use standard lease addendum forms for any case that may arise.

3.2.3 Leasing Timeframe / Vacancy
The full leasing of the apartments is expected to take approximately six months from the completion of the building.

3.3 Rental Prices
The rental rates shall be as follows: Approximately $1,500.00/month. Utilities will be paid by tenant.

3.4 Maintenance and Repairs
It is our goal at RFLA to respond to all maintenance and repair requests with prompt and courteous service. The building and premises shall also remain in Repair requests will be able to be made through the following methods.

1. Management office: Requests can be submitted in person at the management office during business hours or a note can be dropped off in the office mailbox.

2. Website - Requests can be submitted through our website under resident services or emails can be sent directly without going through the website.

3. Emergency phone line - There will be a 24-hour emergency line in which our staff can be alerted and respond to any emergency call 24 hours/day. Routine maintenance will be done by our on-site maintenance technician and shall include maintaining and/or replacing when necessary the following items.
• Light bulbs.
• Lock and door mechanisms. This includes changing batteries in the apartment electronic door systems.
• Gym maintenance.
• AC filter cleaning in each apartment.
• Any common area equipment maintenance that is not maintained by specialty vendors. • All common area painted surfaces.

4. Specialty vendor maintenance. The following systems shall be maintained and repaired by specialized companies.
• Elevator systems.

Western Apartments
15 • Fire sprinkler, standpipe, alarm and extinguisher systems. • Hot water heater systems.
• Solar panel systems.
• Garage gate.

3.5 Accounting
Accounting Services: RFLA Staff will keep accurate records of all appropriate accounting of operations. 4.0 Services/Amenities
At RFLA, it is important for The Western Ave. Apartments to be more than just an apartment building. We intend on providing services and amenities which will create a unique living environment for every tenant.

4.1 Leasing/Management Office
RFLA will maintain a management/leasing office on the premises. Instead of having an outside leasing company who will not maintain an on-site presence, we at RFLA prefer an on-site staff to be available for dayto-day operations and to cater to our tenants.

4.1.1 Rent Payment Conveniences
To provide the most options for tenants, The Western Ave. Apartments will accept the following forms of payments.

1. Cashiers check, money order or personal check (personal check not accepted for initial move-in).

2. Automatic debit through a bank.

3. Credit Card (most major credit cards will be accepted)

4.2 Unit Features
Each of the apartments is not more than 350 interior sq. ft. but will offer the following features:
1- Each apartment will have a use of teh 4000 sf rooftop or will have a balcony or yard with outdoor space.
2- Each apartment is equipped with its own full bath.
3- Kitchenette: Each apartment includes a small refrigerator, range, a microwave and garbage disposal.
4- Technology package: Each apartment is pre-wired for cable, phone and internet. For a fee High speed internet will be available for immediate use in each apartment upon move-in through an owner installed system but there will also be the choice of alternate utility companies.
5- Vinyl Wood flooring for easy care and longevity.

4.3 Disability Access
Western Ave. Apartments will be disability accessible and adaptable as required per the current A.D.A. standards for this type of housing.

Western Apartments
16 4.4 Business Center
RFLA will provide a technology center when able, with up-to-date features. The business center will enable tenants to access a computer with internet access, a printer, copying services and potential additional services.

4.5 Internet Access
The Western Ave. Apartments will provide, for a fee, all residents access to internet upon moving in. We will combine hard-wired internet connections with a wireless system for entire building coverage. Our system will enable tenants to access the internet upon move-in without the standard waiting time typically required for utility companies.

4.6 Safety Features
Keeping with RFLA's mission, Western Ave. Apartments will be a community that residents will feel safe knowing that there is locked, gated access to the building in addition to security cameras monitoring the building areas and state-of-the-art electronic apartment keys.

4.6.1 Gated Access
The main pedestrian gate will be locked and will offer residents a keyless access code to enter. Non-residents will use the intercom system to call residents to enter the building. The garage gate will require a remote transmitter to enter.

4.6.2 Security Cameras
The Western Ave. Apartments will be equipped with high-tech security cameras on all entrances and exits and several common areas. This system will also allow tenants to access a camera at the main entrance to see visitors at the intercom.

4.6.3 Electronic Apartment Keys

4.9 Gym
The Western Ave. Apartments will use state-of-the-art electronic apartment keys. These keys will provide advantages for safety and security. It is virtually impossible to duplicate them by unauthorized personnel. In addition, it provides security for tenants and RFLA alike in the ability to check which keys were used for recent access to any apartment.

RFLA will provide tenants with a Gym when able which will feature amenities that may be used by all tenants and guests accompanied by tenants.

5.0 Marketing
RFLA will use a comprehensive marketing plan to advertise to as many people as possible. This will include:

1. Website and building signage.

2. Local and Southern California advertising.

3. National advertising.

4. Open houses.

Western Apartments
17 5.1 Website and Building Signage
• The Western Ave. Apartments will have a marketing name with a professionally designed website and branding specific to the building which will offer details and pictures of the apartments and surroundings.

It will promote not only living at the building, but living in Gardena. The website will also be listed in search engines for maximum visibility.
• There will be appropriate and attractive building signage to attract people to the building.

5.2 Local and Southern California Advertising
• Advertisements will be placed in well-known and respected online advertising companies such as www.Apartments.com and www.craigslist.com.
• Advertisements will be placed in local newspapers and regional newspapers such when necessary.
• Advertisements will be placed in magazines which cater to apartment buildings such as the "Apartment Magazine".
• Advertisements will be in Spanish as well as English to reach as many people as possible. • Local businesses will be contacted by mailings or flyers.

5.3 National Advertising
In anticipation of housing needs of people moving to the Gardena area from around the country, we will advertise in some online national advertising companies.

5.4 Open House
We will conduct open house during the initial six-month period and whenever needed. In addition to specific open houses we will have the Leasing/Management office open during the week for tours of the property.

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: March 22, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Approve Amended and Restated Franchise Agreement between the City of Gardena and Waste Resources of Gardena for Integrated Solid Waste Management Services, and Direct Staff to Commence Majority Process Proceedings for Approval of the Rates and Rate Adjustments set forth in the Agreement
COUNCIL ACTION REQUIRED:

Staff Recommendation:

Approve Amended and Restated Waste Hauler Franchise Agreement with Waste Resources of Gardena
Authorize Staff to proceed with Majority Protest Process RECOMMENDATION AND STAFF SUMMARY:

The current Integrated Solid Waste Management Franchise Agreement (Agreement) with Waste Resources of Gardena (WRG) has been in effect since July 1, 2010. The Agreement provides collection, removal and disposal of municipal solid waste generated by residents and commercial customers, and services related to meeting the diversion goals required by the California Integrated Waste Management Act of 1989 and recent regulation requirements.

Over the years, the State has increased regulations regarding waste diversion and recycling services. State law, Assembly Bill 1826 requires that commercial business that generate two or more cubic yards of combined refuse, recyclables and organics per week subscribe to an organic waste collection program, and Assembly Bill 341 requires that all commercial generators that generate four or more cubic yards of refuse per week subscribe to a recyclable material collection program. Organic waste includes food waste, food-soiled paper, landscaping waste, and non-hazardous wood waste.

In September 2016, Senate Bill 1383 (SB 1383) was established to reduce methane emissions resulting from decomposition of organic waste in landfills. Methane emissions are a substantial source of greenhouse gas emissions. SB 1383 made it mandatory for nearly all businesses, multi-family, and residential homes to recycle organic waste materials by January 1, 2022. SB 1383 directed the Department of Resources Recycling & Recovery (CalRecycle) to adopt regulations and requirements to achieve state-wide goals including reducing organic waste disposed in landfills by 75% by 2025. The burden was then placed on local jurisdictions to enact and enforce ordinances to comply with SB 1383 regulations.

The City was required to adopt a mandatory organic recycling ordinance to be incorporated in the City’s Municipal code. The ordinance included commercial and residential organic waste programs, edible food recovery programs, procurement mechanisms for recycle content products, etc. The City is required to provide enforcement of organic waste diversion through education programs, inspections, and imposition of penalties that would be effective January 1, 2024. CalRecycle was also given the authority to fine non-compliant jurisdictions up to $10,000 per day per violation. The City filed a Notice of Intent to Comply with a compliance implementation plan to CalRecycle to be protected against fines during the calendar year 2022 while the requirements are being implemented including updating the Agreement with WRG.

HF&H Consultants, LLC was retained by the City to analyze and work with the City to update the Gardena Municipal Code to incorporate SB 1383 requirements. They updated Chapter

8.20 (Solid Waste and Recyclable Collection and Disposal) and added Section 2.60.180 (Recycled- Content Paper Procurement Requirements for City Departments, Direct Service Providers and Vendors) to Chapter 2.60 (Purchasing System). Ordinance 1837, Chapter 8.20 was revised and Chapter 2.60 was amended to meet all requirements.

The amended and restated Agreement with WRG will incorporate the requirements that were amended in the Gardena Municipal Code. Staff respectfully recommends the City Council approve the franchise agreement with WRG to provide services for the City of Gardena. The main updates to the agreement include:

Modernized State-of-the-Industry Agreement Structure
Term: 10 years with the City’s option to extend for 24 months (month-to-month) Services and contract terms to assist the City in complying with current legislation including residential and commercial food waste collection Annual compost giveaway for City residents
Annual document shredding event for City residents
One-time lump sum payment of $89,000 to offset the City’s out-of-pocket costs of awarding the franchise

1.5% AB 939/SB 1383 reimbursement based on gross receipts collected by franchisee to offset the City’s costs for complying with State mandates Hauler-funded biennial contract compliance audit
Faithful Performance Bond and Letter of Credit totaling $1,200,000 0% rate increase for residential customers and 5.95% increase for commercial customers effective July 1, 2022
Annual rate adjustment commencing July 1, 2023, based upon the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection As specified in the Agreement, the commercial and residential rates provided for in the Agreement will not become effective until approved in accordance with majority protest procedures which entail mailing to affected customers a notice setting forth the proposed rates; giving at least 45-day notice of the date, time, and location of the majority protest hearing, and conducting the hearing. If at the conclusion of the hearing, written protests against the proposed rates are presented by a majority of customers, the fees may not be approved.

If the Agreement is approved, Staff will issue the notices and schedule the "majority protest" hearing for an upcoming City Council meeting.

FINANCIAL IMPACT/COST:
10% of gross revenue from services provided to residential customers 12% of gross revenue for all other services provided by franchisee

1.5% AB 939/SB 1383 reimbursement based on gross receipts collected by franchisee to comply with State mandates
1% of gross revenue for public education for state regulations such as AB 341, AB 1826 and SB 1383
One-time lump sum of $89,000 to offset City’s out-of-pocket costs of awarding the franchise
ATTACHMENTS:

Final City of Gardena Amended and Restated Solid Waste Agmt 3.15.22.pdf APPROVED:
___________________________________
Clint Osorio, City Manager
01001.0014/526416.2

AMENDED AND RESTATED AGREEMENT

BETWEEN

CITY OF GARDENA
AND

WASTE RESOURCES OF GARDENA
FOR

INTEGRATED SOLID WASTE

MANAGEMENT SERVICES
* * *
March 22, 2022
March 22, 2022 i City of Gardena

TABLE OF CONTENTS
Page
RECITALS ................................................................................................................................................................................. 1 ARTICLE 1: DEFINITIONS ................................................................................................................................................... 3

1.1 AB 1826 ................................................................................................................................................................... 3

1.2 AB 341 ..................................................................................................................................................................... 3

1.3 AB 827 ..................................................................................................................................................................... 3

1.4 AB 939 ..................................................................................................................................................................... 3

1.5 AFFILIATE ................................................................................................................................................................. 3

1.6 AGREEMENT ............................................................................................................................................................. 4

1.7 ALTERNATIVE FACILITY ........................................................................................................................................... 4

1.8 APPLICABLE LAW ..................................................................................................................................................... 4

1.9 APPROVED FACILITIES .............................................................................................................................................. 4

1.10 BACK-HAUL ............................................................................................................................................................. 5

1.11 BILLINGS .................................................................................................................................................................. 5

1.12 BIN ........................................................................................................................................................................... 5

1.13 BLUE CONTAINER ..................................................................................................................................................... 5

1.14 BROWN CONTAINER ................................................................................................................................................. 5

1.15 BULKY ITEMS ........................................................................................................................................................... 5

1.16 CALIFORNIA CODE OF REGULATIONS (CCR) ............................................................................................................ 6

1.17 CALRECYCLE ............................................................................................................................................................ 6

1.18 CART ........................................................................................................................................................................ 6

1.19 CITY.......................................................................................................................................................................... 6

1.20 CITY MANAGER ........................................................................................................................................................ 6

1.21 COLLECT, COLLECTED AND COLLECTION ................................................................................................................. 6

1.22 COMMERCIAL ........................................................................................................................................................... 6

1.23 COMMERCIAL EDIBLE FOOD GENERATORS ............................................................................................................... 6

1.24 COMMERCIAL PREMISES ........................................................................................................................................... 7

1.25 CONTRACTOR COMPENSATION ................................................................................................................................. 7

1.26 COMPOST .................................................................................................................................................................. 7

1.27 COMPOSTABLE PLASTICS .......................................................................................................................................... 7

1.28 CONSTRUCTION AND DEMOLITION DEBRIS ............................................................................................................... 7

1.29 CONTAINERS ............................................................................................................................................................. 7

1.30 CONTRACTOR ........................................................................................................................................................... 8

1.31 CONTRACT YEAR ...................................................................................................................................................... 8

1.32 CPI ........................................................................................................................................................................... 8

1.33 CUSTOMER ................................................................................................................................................................ 8

1.34 DESIGNATED WASTE ................................................................................................................................................ 8

1.35 DISCARDED MATERIALS ........................................................................................................................................... 8

1.36 DISPOSAL OR DISPOSED ............................................................................................................................................ 9

1.37 DISPOSAL SITE(S) ..................................................................................................................................................... 9

1.38 DIVERT OR DIVERSION .............................................................................................................................................. 9

1.39 EDIBLE FOOD ............................................................................................................................................................ 9

1.40 ELECTRONIC WASTE OR E-WASTE ........................................................................................................................... 9

1.41 ENVIRONMENTAL LAW ............................................................................................................................................. 9

1.42 EXCLUDED WASTE ................................................................................................................................................. 10

1.43 FACILITY ................................................................................................................................................................. 10

1.44 FOOD RECOVERY .................................................................................................................................................... 10

1.45 FOOD RECOVERY ORGANIZATION .......................................................................................................................... 10

1.46 FOOD RECOVERY SERVICE ..................................................................................................................................... 11 March 22, 2022 ii City of Gardena

1.47 FOOD SCRAPS ......................................................................................................................................................... 11

1.48 FOOD-SOILED PAPER .............................................................................................................................................. 11

1.49 FOOD WASTE .......................................................................................................................................................... 11

1.50 FRANCHISE ............................................................................................................................................................. 11

1.51 FRANCHISE FEE ...................................................................................................................................................... 11

1.52 GENERATOR ............................................................................................................................................................ 12

1.53 GRAY/BLACK CONTAINER ...................................................................................................................................... 12

1.54 GRAY/BLACK CONTAINER WASTE ......................................................................................................................... 12

1.55 GREEN CONTAINER ................................................................................................................................................. 12

1.56 GREEN WASTE ........................................................................................................................................................ 12

1.57 GROSS REVENUES ................................................................................................................................................... 12

1.58 HAZARDOUS SUBSTANCE ........................................................................................................................................ 12

1.59 HOUSEHOLD HAZARDOUS WASTE (“HHW”) .......................................................................................................... 13

1.60 INCOMPATIBLE MATERIALS .................................................................................................................................... 13

1.61 LARGE EVENT ......................................................................................................................................................... 13

1.62 LARGE VENUE ........................................................................................................................................................ 13

1.63 MATERIALS RECOVERY FACILITY (“MRF”) ........................................................................................................... 14

1.64 MIXED WASTE ORGANIC COLLECTION STREAM OR MIXED WASTE ....................................................................... 14

1.65 MULCH ................................................................................................................................................................... 14

1.66 MULTI-UNIT RESIDENTIAL PREMISES ..................................................................................................................... 15

1.67 NON-COMPOSTABLE PAPER .................................................................................................................................... 15

1.68 NON-ORGANIC RECYCLABLES ................................................................................................................................ 15

1.69 ORGANIC WASTE .................................................................................................................................................... 15

1.70 OWNER ................................................................................................................................................................... 15

1.71 PERSON ................................................................................................................................................................... 15

1.72 PREMISES ................................................................................................................................................................ 15

1.73 PROCESS, PROCESSED, OR PROCESSING .................................................................................................................. 16

1.74 PROHIBITED CONTAINER CONTAMINANTS .............................................................................................................. 16

1.75 PROPOSITION 218 .................................................................................................................................................... 16

1.76 PUTRESCIBLE WASTE .............................................................................................................................................. 16

1.77 QUARANTINED ORGANIC WASTE ........................................................................................................................... 16

1.78 RECYCLING ............................................................................................................................................................. 16

1.79 RECYCLABLE MATERIALS ...................................................................................................................................... 17

1.80 REFUSE ................................................................................................................................................................... 17

1.81 RENEWABLE NATURAL GAS (RNG) ....................................................................................................................... 17

1.82 RESIDENTIAL .......................................................................................................................................................... 18

1.83 RESIDENTIAL PREMISES .......................................................................................................................................... 18

1.84 ROLL-OFF BOX ....................................................................................................................................................... 18

1.85 SB 1383 .................................................................................................................................................................. 18

1.86 SELF-HAULER ......................................................................................................................................................... 18

1.87 SHARPS ................................................................................................................................................................... 18

1.88 SINGLE-UNIT RESIDENTIAL PREMISES .................................................................................................................... 19

1.89 SOLID WASTE ......................................................................................................................................................... 19

1.90 SOLID WASTE HANDLING SERVICES ....................................................................................................................... 19

1.91 SOURCE SEPARATED ............................................................................................................................................... 19

1.92 SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE ..................................................................................... 20

1.93 SOURCE SEPARATED BROWN CONTAINER FOOD WASTE ........................................................................................ 20

1.94 SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE ................................................................................... 20

1.95 SOURCE SEPARATED RECYCLABLE MATERIALS ..................................................................................................... 20

1.96 STATE ..................................................................................................................................................................... 20

1.97 TIER ONE COMMERCIAL EDIBLE FOOD GENERATORS ............................................................................................ 20

1.98 TIER TWO COMMERCIAL EDIBLE FOOD GENERATORS ............................................................................................ 21

1.99 TRANSFER ............................................................................................................................................................... 21

1.100 TRANSPORTATION OR TRANSPORT .......................................................................................................................... 21

1.101 UNIVERSAL WASTE ................................................................................................................................................ 22 March 22, 2022 iii City of Gardena
ARTICLE 2: GRANT AND ACCEPTANCE OF FRANCHISE ........................................................................................ 23

2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD ........................................................................ 23

2.2 EXCLUSIVE NATURE OF FRANCHISE ....................................................................................................................... 23

2.3 EFFECTIVE DATE .................................................................................................................................................... 24

2.4 TERM OF AGREEMENT ............................................................................................................................................ 24

2.5 OPTION TO EXTEND TERM ...................................................................................................................................... 24

2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR ........................................................................................ 24

2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ................................................................................................... 25

2.8 DELEGATION OF AUTHORITY .................................................................................................................................. 26

2.9 LIMITATIONS TO SCOPE .......................................................................................................................................... 26

2.10 CITY’S RIGHT TO DIRECT CHANGES ....................................................................................................................... 28

2.10.1 General .................................................................................................................................................. 28

2.10.2 New Diversion Programs ....................................................................................................................... 28

2.10.3 City's Right to Acquire Services ............................................................................................................. 29

2.10.4 Flow Control Option .............................................................................................................................. 29

2.11 OWNERSHIP OF SOLID WASTE ................................................................................................................................ 29

2.12 CONTRACTOR STATUS ............................................................................................................................................ 30

2.13 CONTRACTOR AUTHORIZATION .............................................................................................................................. 30

2.14 ANNEXATIONS ........................................................................................................................................................ 30

2.15 MANDATORY SERVICE ............................................................................................................................................ 30

2.16 PERMITS AND LICENSES .......................................................................................................................................... 31 ARTICLE 3: FRANCHISE FEE, ADMINISTRATIVE FEE & RECYCLING SURCHARGE ..................................... 32

3.1 FRANCHISE FEE ...................................................................................................................................................... 32

3.1.1 Section Reserved .................................................................................................................................... 32

3.1.2 Quarterly Franchise Fee ........................................................................................................................ 32

3.1.3 Time and Method of Quarterly Franchise Fee Payment ........................................................................ 32

3.2 AB 939/SB 1383 REGULATORY REIMBURSEMENT ................................................................................................. 32

3.2.1 Amount ................................................................................................................................................... 32

3.2.2 Time and Method of Payment ................................................................................................................ 33

3.3 SECTION RESERVED ................................................................................................................................................ 33

3.4 OTHER FEES ............................................................................................................................................................ 33

3.5 CONTRACTING FEE ................................................................................................................................................. 33

3.6 PAYMENTS IN LIEU OF OTHER TAXES ..................................................................................................................... 33 ARTICLE 4: DIRECT SERVICES ....................................................................................................................................... 34

4.1 REFUSE ................................................................................................................................................................... 34

4.1.1 General .................................................................................................................................................. 34

4.1.2 Residential Cart Refuse Collection ........................................................................................................ 34

4.1.3 Service for Disabled Customers ............................................................................................................. 34

4.1.4 Bin Refuse Collection ............................................................................................................................. 35

4.1.5 Commercial Premises Cart Service ....................................................................................................... 35

4.1.6 Overflowing Containers ......................................................................................................................... 35

4.1.7 Roll-off Box Service ............................................................................................................................... 36

4.1.8 Temporary Bin Service ........................................................................................................................... 36

4.1.9 Scout Service .......................................................................................................................................... 36

4.1.10 Bin Pushout Service ............................................................................................................................... 36

4.1.11 Locking Bins ........................................................................................................................................... 37

4.1.12 Return Trip Fee ...................................................................................................................................... 37

4.1.13 On-Call Bulky Item Pickup .................................................................................................................... 37

4.1.14 Bulky Item Diversion .............................................................................................................................. 38

4.1.15 Diversion of Electronic and Other Special Wastes ................................................................................ 39

4.1.16 Sharps Collection Program.................................................................................................................... 39

4.1.17 Medication Takeback Program .............................................................................................................. 39 March 22, 2022 iv City of Gardena

4.2 RECYCLING ............................................................................................................................................................. 39

4.2.1 General ....................................................................................................................................................... 39

4.2.2 Source Separated Recyclable Materials Collection for Cart Refuse Customers ................................... 39

4.2.3 Commercial Recycling ........................................................................................................................... 40

4.2.4 Mandatory Commercial and Multi-Unit Residential Premises Source Separated Recyclable Materials Program 40

4.2.5 Marketing and Sale of Recyclable Materials ......................................................................................... 41

4.2.6 Minimum Recycling Requirements ......................................................................................................... 41

4.3 ORGANICS WASTE PROGRAM – GENERAL .............................................................................................................. 42

4.3.1 Organic Waste Cart Collection .............................................................................................................. 42

4.3.2 Holiday Tree Collection Program ......................................................................................................... 43

4.3.3 Commercial and Multi-Unit Residential Premises Organics Collection ............................................... 43

4.3.4 Collection ............................................................................................................................................... 43

4.3.5 Mandatory Commercial and Multi-Unit Residential Premises Organic Waste Program ...................... 43

4.3.6 Roll-off Box Source Separated Organic Waste Collection Service ........................................................ 44

4.3.7 Food Recovery Assistance...................................................................................................................... 44

4.4 CITY FACILITIES COLLECTION ................................................................................................................................ 45

4.4.1 City Sponsored Events ........................................................................................................................... 45

4.4.2 Section Reserved ................................................................................................................................... 46

4.4.3 Neighborhood Cleanups ........................................................................................................................ 46

4.4.4 Paper Shredding Event .......................................................................................................................... 46

4.4.5 Compost Giveaway ................................................................................................................................ 46

4.4.6 Litter Container Collection .................................................................................................................... 46

4.4.7 Abandoned Item Collection .................................................................................................................... 47

4.4.8 Large Venue and Event Assistance, Event Recycling ............................................................................. 47

4.4.9 Tree Trimming Program ........................................................................................................................ 47

4.4.10 Provision of Recovered Organic Waste Products .................................................................................. 47

4.4.11 Contractor Warranty of Recovered Organic Waste Products ............................................................... 48

4.5 OPERATIONS ................................................................................................................................................................ 48

4.5.1 Schedules................................................................................................................................................ 48

4.5.2 Missed Pickups ....................................................................................................................................... 48

4.5.3 Vehicles .................................................................................................................................................. 49

4.5.4 Carts ....................................................................................................................................................... 52

4.5.4.1 Contractor-Provided Carts .................................................................................................................... 52

4.5.4.2 Cart Reparability or Replacement ......................................................................................................... 55

4.5.4.3 Bins ........................................................................................................................................................ 55

4.5.4.4 Roll-off Boxes ......................................................................................................................................... 56

4.5.5 Litter Abatement ..................................................................................................................................... 56

4.5.6 Personnel ............................................................................................................................................... 56

4.5.7 Identification Required .......................................................................................................................... 57

4.5.8 Fees and Gratuities ................................................................................................................................ 57

4.5.9 Non-Discrimination ............................................................................................................................... 57

4.5.10 Coordination With Street Sweeping Services ......................................................................................... 58

4.5.11 Street Sweeper Waste and Other Waste Generated by City ................................................................... 58

4.5.12 Change in Collection Schedule .............................................................................................................. 58

4.5.13 Report of Accumulation of Solid Waste on Private Property ................................................................. 58

4.5.14 Transfer, Processing, and Disposal ....................................................................................................... 58

4.5.15 Processing Facility Temporary Equipment or Operational Failure Waiver ......................................... 59

4.5.16 Transportation to Non-Approved Facilities Prohibited ......................................................................... 60

4.6 CONTINGENCY PLAN .............................................................................................................................................. 60

4.7 COMMINGLING OF COLLECTION ROUTES ................................................................................................................ 60

4.8 ROUTE AUDIT ......................................................................................................................................................... 61

4.9 SERVICE EXCEPTIONS; HAZARDOUS SUBSTANCE NOTIFICATIONS .......................................................................... 62

4.10 CONTRACTOR/CITY MEETINGS ............................................................................................................................... 63 ARTICLE 5: OTHER SERVICES ......................................................................................................................................... 64 March 22, 2022 v City of Gardena

5.1 SERVICES AND CUSTOMER BILLING ........................................................................................................................ 64

5.1.1 Service Description ................................................................................................................................ 64

5.1.2 Residential Premises Cart Billing .......................................................................................................... 64

5.1.3 Bin, Roll-off, Commercial Cart and Temporary Services Billing .......................................................... 64

5.1.4 Review of Billings .................................................................................................................................. 65

5.1.5 Collections ............................................................................................................................................. 65

5.1.6 Resolution of Disputes Regarding Rate Adjustments ............................................................................. 65

5.1.7 Suspension of Service Due to Non-Payment .......................................................................................... 65

5.2 CUSTOMER SERVICE ............................................................................................................................................... 66

5.2.1 Local Office ............................................................................................................................................ 66

5.2.2 Complaint Documentation ..................................................................................................................... 66

5.2.3 Resolution of Customer Complaints ....................................................................................................... 66

5.2.4 SB 1383 Noncompliance Complaints ..................................................................................................... 67

5.2.5 Review of Generator Waiver Requests ................................................................................................... 68

5.2.6 Route Supervisor .................................................................................................................................... 68

5.3 EDUCATION AND PUBLIC AWARENESS ................................................................................................................... 68

5.3.1 General .................................................................................................................................................. 68

5.3.2 Non-English Language Requirements .................................................................................................... 69

5.3.3 Ongoing Education Requirements ......................................................................................................... 69

5.3.4 Community Events.................................................................................................................................. 71

5.3.5 News Media Relations ............................................................................................................................ 71

5.4 WASTE GENERATION/CHARACTERIZATION STUDIES .............................................................................................. 71

5.5 CONTAMINATION MONITORING .............................................................................................................................. 72

5.5.1 Contamination Inspection Methods ....................................................................................................... 72

5.5.1.1 Actions upon Identification of Prohibited Container Contaminants ...................................................... 72

5.5.1.2 On-Going Contamination Monitoring by Route Personnel ................................................................... 73

5.5.1.3 Prescribed Contamination Monitoring .................................................................................................. 73

5.5.1.4 Section Reserved .................................................................................................................................... 75

5.5.1.5 Noticing of Generators with Contamination, and Disposal of Materials .............................................. 75

5.5.1.6 Monthly Reporting Requirements .......................................................................................................... 75

5.6 INSPECTION AND ENFORCEMENT ............................................................................................................................ 75

5.7 TECHNICAL ASSISTANCE PROGRAM ....................................................................................................................... 76

5.7.1 Site Visits and Waste Assessments ......................................................................................................... 76

5.7.2 Record Keeping and Reporting Requirements ....................................................................................... 78

5.8 UNIVERSAL ENROLLMENT MONITORING ................................................................................................................ 78 ARTICLE 6: CONTRACTOR COMPENSATION AND RATES ..................................................................................... 79

6.1 GENERAL ................................................................................................................................................................ 79

6.2 INITIAL RATES ........................................................................................................................................................ 79

6.3 SCHEDULE OF FUTURE ADJUSTMENTS .................................................................................................................... 79

6.4 METHOD OF ADJUSTMENTS .................................................................................................................................... 79

6.4.1 General .................................................................................................................................................. 79

6.4.1.1 Majority Protest Proceedings ................................................................................................................ 80

6.4.1.2 Indemnification ...................................................................................................................................... 80

6.4.1.3 No Waiver of City Council Discretion at Hearings ............................................................................... 81

6.4.1.4 Majority Protest Contract Remedy ........................................................................................................ 81

6.4.2 Rate Adjustment Calculation .................................................................................................................. 81

6.5 EXTRAORDINARY ADJUSTMENTS ............................................................................................................................ 82

6.6 CHANGE IN APPROVED DISPOSAL FACILITY ........................................................................................................... 82 ARTICLE 7: REVIEW OF SERVICES AND PERFORMANCE ...................................................................................... 84

7.1 PERFORMANCE HEARING ........................................................................................................................................ 84

7.2 PERFORMANCE SATISFACTION SURVEY .................................................................................................................. 85 ARTICLE 8: RECORDS, REPORTS AND INFORMATION REQUIREMENTS .......................................................... 86 March 22, 2022 vi City of Gardena

8.1 GENERAL ................................................................................................................................................................ 86

8.2 RECORDS ................................................................................................................................................................ 86

8.2.1 General .................................................................................................................................................. 86

8.2.2 Financial Records .................................................................................................................................. 87

8.2.3 Solid Waste Records ............................................................................................................................... 87

8.2.4 CERCLA Defense Records ..................................................................................................................... 88

8.2.5 Disposal Records ................................................................................................................................... 88

8.2.6 Compilation of Information for State Law Purposes ............................................................................. 88

8.2.7 Other Programs' Records ...................................................................................................................... 88

8.2.8 Cost of Audit .......................................................................................................................................... 89

8.2.9 Payments and Refunds ........................................................................................................................... 89

8.3 REPORTS ................................................................................................................................................................. 90

8.3.1 Report Formats and Schedule ................................................................................................................ 90

8.3.2 Monthly Reports ..................................................................................................................................... 90

8.3.3 Quarterly Reports .................................................................................................................................. 95

8.3.4 Annual Report ........................................................................................................................................ 95

8.4 REPORTING ADVERSE INFORMATION .................................................................................................................... 100

8.5 RIGHT TO INSPECT RECORDS ................................................................................................................................ 100

8.6 FAILURE TO REPORT ............................................................................................................................................. 100

8.7 PUBLIC RECORDS .................................................................................................................................................. 100 ARTICLE 9: INDEMNIFICATION, INSURANCE AND BOND .................................................................................... 101

9.1 GENERAL INDEMNIFICATION ................................................................................................................................ 101

9.2 HAZARDOUS SUBSTANCE INDEMNIFICATION ........................................................................................................ 101

9.3 RELATED TO AB 939, AB 341, AND SB 1383 ....................................................................................................... 102

9.4 INSURANCE ........................................................................................................................................................... 102

9.5 FAITHFUL PERFORMANCE BOND ........................................................................................................................... 107

9.6 FAITHFUL PERFORMANCE LETTER OF CREDIT ...................................................................................................... 107

9.7 FORFEITURE OF PERFORMANCE BOND .................................................................................................................. 108

9.8 FORFEITURE OF LETTER OF CREDIT ...................................................................................................................... 108

9.9 PERFORMANCE SECURITY BEYOND SERVICE TERM .............................................................................................. 108 ARTICLE 10: CITY'S RIGHT TO PERFORM SERVICE .............................................................................................. 109

10.1 GENERAL .............................................................................................................................................................. 109

10.2 TEMPORARY POSSESSION OF CONTRACTOR'S PROPERTY ...................................................................................... 110

10.3 BILLING AND COMPENSATION TO CITY DURING CITY'S POSSESSION .................................................................... 110

10.4 CITY'S RIGHT TO RELINQUISH POSSESSION ........................................................................................................... 110

10.5 CITY'S POSSESSION NOT A TAKING ...................................................................................................................... 110

10.6 DURATION OF CITY'S POSSESSION ........................................................................................................................ 111 ARTICLE 11: DEFAULT, REMEDIES AND LIQUIDATED DAMAGES .................................................................... 112

11.1 EVENTS OF DEFAULT ............................................................................................................................................ 112

11.2 CRIMINAL ACTIVITY OF CONTRACTOR ................................................................................................................. 114

11.3 NOTICE, HEARING AND APPEAL OF CONTRACTOR BREACH. ................................................................................. 115

11.4 LIQUIDATED DAMAGES ........................................................................................................................................ 116

11.5 EXCUSE FROM PERFORMANCE .............................................................................................................................. 121

11.6 NOTICE, HEARING AND APPEAL OF CITY BREACH ................................................................................................ 122

11.7 ASSURANCE OF PERFORMANCE ............................................................................................................................ 122 ARTICLE 12: OTHER AGREEMENTS OF THE PARTIES .......................................................................................... 123

12.1 RELATIONSHIP OF PARTIES ................................................................................................................................... 123

12.2 COMPLIANCE WITH LAW ....................................................................................................................................... 123

12.3 GOVERNING LAW ................................................................................................................................................. 123

12.4 JURISDICTION ........................................................................................................................................................ 123 March 22, 2022 vii City of Gardena

12.5 ASSIGNMENT ........................................................................................................................................................ 123

12.6 AFFILIATED COMPANIES ....................................................................................................................................... 125

12.7 CONTRACTING OR SUBCONTRACTING ................................................................................................................... 125

12.8 BINDING ON ASSIGNS ............................................................................................................................................ 126

12.9 TRANSITION TO NEXT CONTRACTOR .................................................................................................................... 126

12.10 PARTIES IN INTEREST ............................................................................................................................................ 127

12.11 WAIVER ................................................................................................................................................................ 127

12.12 CONTRACTOR'S INVESTIGATION ........................................................................................................................... 127

12.13 CONDEMNATION ................................................................................................................................................... 127

12.14 NOTICE ................................................................................................................................................................. 127

12.15 REPRESENTATIVES OF THE PARTIES ...................................................................................................................... 128

12.16 CITY FREE TO NEGOTIATE WITH THIRD PARTIES .................................................................................................. 128

12.17 COMPLIANCE WITH MUNICIPAL CODE .................................................................................................................. 128

12.18 PRIVACY ............................................................................................................................................................... 128

12.19 COOPERATION FOLLOWING TERMINATION ........................................................................................................... 129

12.20 COMPLIANCE WITH IMMIGRATION LAWS. ............................................................................................................. 129

12.21 GUARANTEE OF CONTRACTOR'S PERFORMANCE ................................................................................................... 130 ARTICLE 13: MISCELLANEOUS AGREEMENTS ........................................................................................................ 131

13.1 ENTIRE AGREEMENT ............................................................................................................................................. 131

13.2 SECTION HEADINGS .............................................................................................................................................. 131

13.3 REFERENCES TO LAWS AND OTHER AGREEMENTS ............................................................................................... 131

13.4 INTERPRETATION .................................................................................................................................................. 131

13.5 AGREEMENT ......................................................................................................................................................... 131

13.6 SEVERABILITY ...................................................................................................................................................... 131

13.7 EXHIBITS .............................................................................................................................................................. 131

13.8 NON-WAIVER PROVISION ..................................................................................................................................... 132

13.9 ATTORNEYS’ FEES ................................................................................................................................................ 132 Exhibits

1. Initial Maximum Rates

2. Example Rate Adjustment Formulas

3. Corporate Guarantee

4. Contractor’s Faithful Performance Bond

5. Notary Certification

6. Processing, Transfer, and Disposal Services and Facility Standards

7. Collection System Specifications

8. City Facilities

9. City Street and Park Containers
March 22, 2022 1 City of Gardena

RECITALS
This Franchise Agreement (“Agreement”) is entered into this ___ day of ________, 2022, by and between the City of Gardena (“City”) and Waste Resources of Gardena (“Contractor”), for the Collection, transportation, Recycling, Processing, and Disposal of Solid Waste and other services related to meeting the goals and requirements of the California Integrated Waste Management Act.

WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Integrated Solid Waste Management within their jurisdictions to meet the goals and requirements of AB 939; and,
WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill Disposal and to maximize the use of feasible waste reduction, re-use, Recycling, and Composting options in order to reduce the amount of material that must be disposed; and, WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets; and,
WHEREAS, SB 1383 requires jurisdictions to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, through this Agreement; and, WHEREAS, City declares its intention of maintaining reasonable rates and quality service related to the Collection, Transfer and Transportation, Recycling, Processing, and Disposal of Solid Waste and other services; and,
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City of Gardena has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Contractor for the collection, Transfer and Transportation, Recycling, Processing, and Disposal of Solid Waste and other services related to meeting the March 22, 2022 2 City of Gardena
diversion goals required by AB 939, and other requirements of the California Integrated Waste Management Act; and,
WHEREAS, the City Council of the City has determined that Contractor, by demonstrated experience, reputation and capacity is qualified to continue to exclusively provide for the Collection of Solid Waste (except as otherwise permitted pursuant to Section 2.9 of this Agreement) within the corporate limits of City and to Transport such Solid Waste to places of Processing and Disposal, which may be designated in accordance with this Agreement, and City and Contractor desire that Contractor be engaged to perform such services on the terms and conditions set forth in this Agreement; and,
WHEREAS, the successful implementation of Solid Waste Handling in Residential, Commercial and industrial areas in the City will entail the expenditure of large sums of capital by the Contractor, for which the Contractor is entitled to be compensated. City intends that this Agreement will contribute to safeguarding public health by providing the most cost-effective, efficient, reliable, and environmentally appropriate Solid Waste services to its citizens, and, WHEREAS, City and Contractor (“Parties”) hereto desire to enter said Agreement; and, WHEREAS, Contractor has agreed, as part of this Agreement, acting as an independent contractor to provide such personnel, equipment and supplies as are necessary to ensure City complies with the requirements of Public Resources Code Section 49100, et seq., WHEREAS, Public Resources Code Section 40059 permits City to impose terms and conditions on the award of a Solid Waste franchise if, in the opinion of the governing body, the public health, safety and well-being require the imposition of those terms and conditions; WHEREAS, Contractor has represented and warranted to City that it has the experience, responsibility, and qualifications to provide the services as described herein; NOW, THEREFORE, in consideration of the premises above stated and the terms, conditions, covenants and agreements contained herein, the Parties do hereby agree as follows:

March 22, 2022 3 City of Gardena
ARTICLE 1:

DEFINITIONS
Whenever any term used in this Agreement has been defined by the provisions of Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or the Public Resources Code shall apply unless the term is otherwise defined in this Agreement, in which case this Agreement shall control.

Except as provided in Article 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms used in this Agreement shall have the following respective meanings:

1.1 AB 1826
“AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.

1.2 AB 341
“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time.

1.3 AB 827
“AB 827” means the Assembly Bill approved by the Governor of the State of California on October 2, 2019, which amended Sections 42649.1, 42649.2, 42649.8, and 42649.81 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

1.4 AB 939
"AB 939" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

1.5 Affiliate
"Affiliate" means all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management shall be deemed to be "Affiliated with" Contractor and included within the term "Affiliates" as used herein. An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership March 22, 2022 4 City of Gardena
interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded, and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. Being an Affiliate does not exempt a business from the application of assignment requirements under Section 12.5.

1.6 Agreement
“Agreement” means this Exclusive Franchise Agreement for Integrated Solid Waste Management Services between the City and Contractor for the Collection and subsequent Transfer, Transportation, Processing, and/or Disposal, of Residential and Commercial Premises Discarded Materials and C&D, including all exhibits and attachments, and any amendments thereto.

1.7 Alternative Facility
"Alternative Facility" means any Facility other than Approved Facilities approved by City for temporary use.

1.8 Applicable Law
"Applicable Law" means all statutes, rules, regulations, guidelines, actions, determinations, Permits, orders, or requirements of the United States, State, County, City and local and regional government authorities and agencies having applicable jurisdiction, that apply to or govern the Facility, the Site or the performance of the Parties' respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, prevailing wages if applicable, and the Los Angeles County Countywide Integrated Waste Management Plan. All references herein to Applicable Law include subsequent amendments or modifications thereof, unless otherwise specifically limited in this Agreement.

1.9 Approved Facilities
"Approved Facility(ies)" means any one of or any combination of the: Approved C&D Processing Facility; Approved Disposal Facility; Approved Organic Waste Processing Facility, Approved Source Separated Recyclable Materials Processing Facility; and, Approved Transfer Facility as listed in Exhibit 6.

March 22, 2022 5 City of Gardena

1.10 Back-Haul
"Back-Haul" means generating and transporting Source Separated Recyclable Materials and/or Source Separated Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

1.11 Billings
"Billings" means any and all statements of charges for services rendered in accordance with this Agreement, howsoever made, described or designated by City or Contractor, or made by others for City or Contractor, to Customers in the City.

1.12 Bin
“Bin” means a rigid Container with hinged lids and wheels with a capacity of at least one (1) cubic yard and less than ten (10) cubic yards.

1.13 Blue Container
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

1.14 Brown Container
“Brown Container” has the same meaning as in 14 CCR Section 18982.2(a)(5.5) and shall be used for the purpose of storage and Collection of Source Separated Food Waste.

1.15 Bulky Items
“Bulky Items” means Solid Waste that cannot and/or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”); Residential wastes (including wood waste, tree branches, and scrap wood); electronic equipment (including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as “brown goods” and “E-Waste”); and clothing. Bulky Items do not include car bodies, tires, Construction and Demolition Debris or items requiring more than two Persons to remove. Other items not specifically included or excluded above will be Collected provided that they are not more than eight feet in length, four feet in width, or more than 150 pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of Bulky Items, City shall be responsible to determine whether said definition shall apply, which determination shall be final and binding on the Parties.

March 22, 2022 6 City of Gardena

1.16 California Code of Regulations (CCR)
“California Code of Regulations” or “CCR” means the State of California Code of Regulations.

CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

1.17 CalRecycle
“CalRecycle” means the State of California’s Department of Resources Recycling and Recovery, and, as this department was structured prior to January 1, 2010, the California Integrated Waste Management Board or CIWMB.

1.18 Cart
“Cart” means a polyethylene wheeled Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less that 30- and no greater than 101- gallons.

1.19 City
"City" means City of Gardena, California, a municipal corporation, and all the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified during the term of this Agreement.

1.20 City Manager
“City Manager” means the City Manager of City. The City Manager or his or her designee is the authorized agent of City in enforcing the terms of this Agreement.

1.21 Collect, Collected and Collection
"Collect", “Collected” or "Collection" means to take physical possession, transport, and remove Solid Waste within and from City.

1.22 Commercial
"Commercial" refers to services performed at or for Commercial Premises.

1.23 Commercial Edible Food Generators
“Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.

March 22, 2022 7 City of Gardena

1.24 Commercial Premises
"Commercial Premises" means Premises upon which business activity is conducted, and any other Premises not defined as Residential Premises per Section 1.83 of this Agreement, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, in the Gardena Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hotels, and Motels.

1.25 Contractor Compensation
"Contractor Compensation" means the revenue received by the Contractor from Billings in return for providing services in accordance with this Agreement and any amendments to this Agreement.

1.26 Compost
“Composting” or “Compost” (or any variation thereof) includes a controlled biological decomposition of Organic Waste yielding a safe and nuisance free Compost product.

1.27 Compostable Plastics
“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability.

1.28 Construction and Demolition Debris
"Construction and Demolition Debris" or “C&D Material,” means any combination of inert building materials and Solid Waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

1.29 Containers
"Containers" means any and all types of Solid Waste receptacles, including Carts, Bins, and Rolloff Boxes.

March 22, 2022 8 City of Gardena

1.30 Contractor
"Contractor" means Waste Resources of Gardena, and its officers, directors, employees, agents, companies and Subcontractors.

1.31 Contract Year
“Contract Year” means any fiscal year of the City commencing on July 1 and ending June 30 during the initial and any extended term of this agreement.

1.32 CPI
“CPI” means the Consumer Price Index for Trash and Garbage Collection (CUUR0000SEHG02), U.S. City average, as published by the United States Department of Labor, Bureau of Labor Statistics.

1.33 Customer
“Customer” means the Person having the care and control of any Premises in the City receiving Solid Waste Handling Service from the Contractor pursuant to the terms of this Agreement.

1.34 Designated Waste
“Designated Waste” means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment, and which may be Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance issued by the California Department of Health Services. Designated Waste consists of those substances classified as Designated Waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

1.35 Discarded Materials
“Discarded Materials” are a form of Solid Waste and shall be regulated as such. For purposes of this Agreement, material is deemed to have been discarded, without regard to whether it is destined for Recycling or Disposal, and whether or not is has been separated from other Solid Wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the Generator or Customer in exchange for handling services. As used herein, handling services include, without limitation, the Collection, removal, Transportation, delivery, and Processing and/or Disposal of the material. Discarded Materials do not include Edible Food that is recovered for human consumption and is not discarded. For the purposes of this Agreement, Discarded Materials include Source Separated Recyclable Materials, Source Separated Organic Waste, Food Waste, Gray/Black Container Waste or Mixed Waste, and C&D once the materials have been placed in Containers for Collection.

March 22, 2022 9 City of Gardena

1.36 Disposal or Disposed
"Disposal" or “Disposed” means the ultimate disposition of Solid Waste Collected by Contractor at a landfill or otherwise in full regulatory compliance.

1.37 Disposal Site(s)
"Disposal Site(s)" means the Solid Waste handling Facility or Facilities utilized for the ultimate Disposal of Solid Waste Collected by Contractor.

1.38 Divert or Diversion
“Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from Disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, Composting, anaerobic digestion or other method of Processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and Processing changes that may occur over the Term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce Disposal risk, decrease costs and/or are for other reasons deemed desirable by the City.

1.39 Edible Food
“Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

1.40 Electronic Waste or E-Waste
“Electronic Waste” or “E-Waste” means electronic equipment and includes, but is not limited to, stereos, televisions, computers and computer monitors, VCRs, cellular phones, fax machines, household copiers, computer printers, other items with electric plugs that are banned from landfilling, and other similar items commonly known as “brown goods.”

1.41 Environmental Law
"Environmental Law" means any federal and state statute, county, local and City ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions or permits, licenses and other operating authorizations relating to (i) pollution or protection of the environment, including natural resources, (ii) exposure of Persons, including employees, to Hazardous Substances or other products, raw materials, chemicals or other March 22, 2022 10 City of Gardena
substances, (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical substances from industrial or Commercial activities, or (iv) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and Disposal.

1.42 Excluded Waste
“Excluded Waste” means Hazardous Substance, Hazardous Waste, infectious waste, Designated Waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that Approved Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Unit or Multi-Unit Residential Premises Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, Universal Wastes, and/or latex paint when such materials are defined as allowable materials for Collection through this Agreement and the Generator or Customer has properly placed the materials for Collection pursuant to instructions provided by City or Contractor as set forth in this Agreement.

1.43 Facility
"Facility" means any plant or site, owned or leased and maintained, operated or used by Contractor for purposes of performing under this Agreement.

1.44 Food Recovery
“Food Recovery” means actions to collect and distribute edible food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

1.45 Food Recovery Organization
“Food Recovery Organization” means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; March 22, 2022 11 City of Gardena
B. A nonprofit charitable organization; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.

1.46 Food Recovery Service
“Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).

1.47 Food Scraps
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

1.48 Food-Soiled Paper
“Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

1.49 Food Waste
“Food Waste” means source-separated Food Scraps, Food-Soiled Paper, and Compostable Plastics. Food Waste is a subset of Source Separated Green Container Organic Waste (Source Separated Organic Waste). {Note to WRG: If Compostable Plastics are not part of the Food Waste stream Collected by Contractor, this definition will be amended.}

1.50 Franchise
"Franchise" means the special right granted by City to operate a public utility for Solid Waste services within the City.

1.51 Franchise Fee
“Franchise Fee” means the fee paid by Contractor to City for the right to hold the Franchise for Solid Waste services granted by this Agreement.

March 22, 2022 12 City of Gardena

1.52 Generator
“Generator” means any Person whose act first causes Discarded Materials to become subject to regulation under federal, State, or local regulations.

1.53 Gray/Black Container
“Gray/Black Container” has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of Gray/Black Container Waste or Mixed Waste.

1.54 Gray/Black Container Waste
“Gray/Black Container Waste” means Solid Waste that is collected in a Gray/Black Container that is part of a three-Container Organic Waste Collection service that prohibits the placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b) or as otherwise defined in 14 CCR Section 17402(a)(6.6). For the purposes of this Agreement, Gray/Black Container Waste includes carpet and textiles.

1.55 Green Container
“Green Container” has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of Source Separated Organic Waste.

1.56 Green Waste
"Green Waste" means tree trimmings, wood stumps, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six (6) inches in diameter or 48 inches in length) and similar materials. Green Waste is a subset of Organic Waste.

1.57 Gross Revenues
“Gross Revenues” or “Gross Revenue” means any and all revenue or compensation in any form collected directly or indirectly by the Contractor for the waste management services provided pursuant to this Agreement within the City of Gardena, including recyclable solid wastes and green wastes, in accordance with the Generally Accepted Accounting Principles. "Gross Revenues" include, but are not limited to, monthly customer fees actually collected from solid waste and recyclable solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, and fees for redelivery of commercial bins and drop boxes, without subtracting the fees paid to City in accordance with this Agreement or any cost of doing business, but excluding revenues from the sale of recyclable materials and recyclable solid waste, and franchise fees collected from the customer.

1.58 Hazardous Substance
“Hazardous Substance” shall mean any of the following: (a) any substance defined, regulated or listed (directly or by reference) as “hazardous substances”, “hazardous materials”, March 22, 2022 13 City of Gardena
“hazardous wastes”, “toxic waste”, “pollutant” or “toxic substances” or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC Section 9601, et seq.; (ii) the Hazardous Substances Transportation Act, 49 USC Section 5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq.; (iv) the Clean Water Act, 33 USC Section 1251, et seq.; (v) California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7401, et seq.; and (vii) California Water Code Section 13050; (b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereinafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other applicable federal, State, and local environmental laws currently existing or hereinafter enacted, including without limitation, friable asbestos, polychlorinated biphenyl (“PCBs”), petroleum, natural gas and synthetic fuel products, and byproducts.

1.59 Household Hazardous Waste (“HHW”)
"Household Hazardous Waste" or “HHW” means material used in residences that may threaten human health or the environment when improperly discarded and usually has one or more of the following characteristics; flammable, toxic, corrosive, and/or reactive.

1.60 Incompatible Materials
“Incompatible Material” or “Incompatibles” mean(s) human-made inert material, including, but not limited to, glass, metal, plastic, and also includes Organic Waste that the receiving end-user, facility, operation, property, or activity is not designed, permitted, or authorized to perform Organic Waste recovery activities as defined in 14 CCR Section 18983.1(b), or as otherwise defined by 14 CCR Section 17402(a)(7.5).

1.61 Large Event
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.

1.62 Large Venue
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, March 22, 2022 14 City of Gardena
amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7 Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.

1.63 Materials Recovery Facility (“MRF”)
"Materials Recovery Facility" means a permitted Solid Waste Facility where Solid Wastes or Recyclable Materials are sorted or separated for the purposes of Recycling, Processing or composting.

1.64 Mixed Waste Organic Collection Stream or Mixed Waste “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste Collected in a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility, or as otherwise defined in 14 CCR Section 17402(a)(11.5). “Mixed Waste” means Mixed Waste Organic Collection Stream.

1.65 Mulch
“Mulch” means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1(f)(4):

A. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

B. Was produced at one or more of the following types of Facilities:

1. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under Division 7 of Title 14 of the CCR, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);

2. A Transfer/Processing Facility or Transfer/Processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7, Chapter 12; or,

3. A Solid Waste landfill as defined in PRC Section 40195.1 that is permitted under 27 CCR, Division 2.

March 22, 2022 15 City of Gardena

1.66 Multi-Unit Residential Premises
Multi-Unit Residential Premises means any building and/or structure, or portion thereof, in City, which is used for residential housing purposes, irrespective of whether residents are transient, temporary or permanent, and having five (5) or more self-contained living units.

1.67 Non-Compostable Paper
“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

1.68 Non-Organic Recyclables
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.

1.69 Organic Waste
“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Green Waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

1.70 Owner
"Owner" means the Person holding the legal title to the real property constituting the Premises to which Solid Waste Collection service is to be provided under this Agreement or the Person holding legal title to the Disposal Site.

1.71 Person
"Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Los Angeles, towns, cities, and special purpose districts.

1.72 Premises
"Premises" means any land or building in City where Solid Waste is generated or accumulated.

March 22, 2022 16 City of Gardena

1.73 Process, Processed, or Processing
“Process”, “Processed” or “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

1.74 Prohibited Container Contaminants
“Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) Discarded Materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) Discarded Materials placed in the Gray/Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Waste to be placed in City’s Green Container and/or Blue Container; and (iv) Excluded Waste placed in any Container.

1.75 Proposition 218
"Proposition 218" means Articles XIIIC and XIIID of the California Constitution and any implementing legislation promulgated thereunder, as amended, supplemented, superseded, and replaced from time to time. As an initiative of the City to maximize public participation in the rate setting process, fees charged to customers pursuant to this Agreement will be approved in accordance with the majority protest procedures of Proposition 218.

1.76 Putrescible Waste
“Putrescible Waste” means wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as, but not limited to Food Waste, offal, and dead animals; or as otherwise defined in 14 CCR Section 17402(a)(21).

1.77 Quarantined Organic Waste
“Quarantined Organic Waste” means Organic Waste which has been determined to be subject to quarantine by the California Department of Food and Agriculture (CDFA).

1.78 Recycling
“Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of March 22, 2022 17 City of Gardena
Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

1.79 Recyclable Materials
“Recyclable Materials” means those Discarded Materials that: the Generators set out in Recyclables Containers for Collection for the purpose of Recycling by the Contractor and that exclude Excluded Waste. No Discarded Materials shall be considered Source Separated Recyclable Materials unless such material is separated from Organic Waste, and Solid Waste.

Source Separated Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, gable top beverage containers, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-lined paper and cartons, Tyvex non-tearing paper envelopes); chipboard; corrugated Cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, tin, or bi-metal cans; mixed plastics such as plastic containers (no. one (1) to seven (7)), except expanded Polystyrene (EPS); bottles including containers made of HDPE, LDPE, or PET; and, those materials added by the Contractor from time to time.

1.80 Refuse
“Refuse” as it is used as a defined term this this Agreement, has the same meaning as Solid Waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of Refuse are Excluded Waste, C&D, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Refuse may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Refuse after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Refuse Container not Source Separated from Refuse at the site of generation.

1.81 Renewable Natural Gas (RNG)
“Renewable Natural Gas” or “RNG” means gas derived from Organic Waste that has been diverted from a Landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

March 22, 2022 18 City of Gardena

1.82 Residential
"Residential" refers to services performed at and for Residential Premises, which include both Single-Unit and Multi-Unit Residential Premises.

1.83 Residential Premises
“Residential Premises” means Premises upon which dwelling units exist, including, without limitation, Single-Unit and Multi-Unit Residential Premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, and second units.

Notwithstanding any provision to the contrary herein, in the Gardena Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall not be deemed to be Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises as determined by City on a case by case bases.

1.84 Roll-off Box
“Roll-off Box” means Solid Waste Collection Containers of 10-yards or larger.

1.85 SB 1383
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

1.86 Self-Hauler
“Self-Hauler” or “Self-Haul” means a Solid Waste Customer, Commercial Generator, Multi-Unit Residential Premises Generator, or special event that transports its own Source Separated Recyclable Materials to a Recycling facility or Source Separated Organic Waste to an Organic Waste Processing facility by using a vehicle owned by that transporting entity rather than using the hauling services of the Solid Waste Collector.

1.87 Sharps
“Sharps” means hypodermic needles, pen needles, intravenous needles, lancets, and other March 22, 2022 19 City of Gardena
devices that are used to penetrate the skin for the delivery of medications.

1.88 Single-Unit Residential Premises
"Single-Unit Residential Premises" means each Premises used for or designated as a Single-Unit Residential dwelling, including each unit of a condominium project, duplex, triplex, townhouse, apartment building, or mobile home park in which each premises receives individual Solid Waste Collection service using Carts and consists of four (4) dwelling units or less per legal parcel.

1.89 Solid Waste
"Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including Refuse, Construction and Demolition Debris, Bulky Items, Recyclable Materials, and Organic Waste, or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of “Non-hazardous Solid Waste” set forth in the California Code of Regulations. "Solid Waste" means all Solid Wastes generated by Residential, Commercial, and industrial sources, and all Solid Waste generated at construction and demolition sites, and at treatment works for water and wastewater, which are Collected and transported under the authorization of the City or are self-hauled by residents or contractors. Solid Waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Substance, any waste which is not permitted to be disposed of at a Class III landfill and which fall within the definition of “Nonhazardous Solid Waste” set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed “Solid Waste” consistent with the meaning of California Public Resources Code Section 40191, and for purposes of this Agreement shall be regulated as such, whether or not they may be potentially Recyclable Material, in either of the following instances: (a) the material is mixed or commingled with other types of Solid Waste such that more than 65% of the material consists of Solid Waste rather than Recyclable Materials, or (b) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the Generator by any Person or combination of Persons in exchange for Collection, removal, Transportation, storage, Processing, handling, consulting, Container rental or Disposal services (“fee for service” Recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or Affiliate of the provider of such service.

1.90 Solid Waste Handling Services
“Solid Waste Handling Services” means the Collection, transfer, transport, Recycling, Processing, and Disposal of Solid Waste.

1.91 Source Separated
“Source Separated” means materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the March 22, 2022 20 City of Gardena
purpose of additional sorting or Processing of those materials for Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, property Owner, property Owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray/Black Container Waste/Mixed Waste and other Solid Waste for the purposes of Collection and Processing.

1.92 Source Separated Blue Container Organic Waste
“Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the Collection of those Organic Wastes and Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43); or as otherwise defined by 14 CCR Section 17402(a)(18.7). Source Separated Blue Container Organic Waste is a subset of Organic Waste.

1.93 Source Separated Brown Container Food Waste
“Source Separated Brown Container Food Waste” means Source Separated Food Scraps, FoodSoiled Paper, and Compostable Plastics that can be placed in a Brown Container.

1.94 Source Separated Green Container Organic Waste
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate Collection of Organic Waste by the Generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. Source Separated Green Container Organic Waste is a subset of Organic Waste.

1.95 Source Separated Recyclable Materials
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.

1.96 State
“State” means the State of California.

1.97 Tier One Commercial Edible Food Generators
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

March 22, 2022 21 City of Gardena
B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.

1.98 Tier Two Commercial Edible Food Generators
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.

1.99 Transfer
“Transfer” means the act of transferring the materials Collected by Contractor in its route vehicles into larger vehicles for Transport to other facilities for the purpose of Recycling or Disposing of such materials.

1.100 Transportation or Transport
“Transportation” or “Transport” means the act of conveying Collected materials from one location to another.

March 22, 2022 22 City of Gardena

1.101 Universal Waste
“Universal Waste” means any of the following waste that are conditionally exempt from classification as hazardous wastes pursuant to Title 22 of the California Code of Regulations (22 CCR), § 66261.9: (i) batteries as described in 22 CCR § 66273.2; (ii) thermostats as described in 22 CCR § 66273.4; (iii) lamps as described in 22 CCR § 66273.5; and (iv) cathode rate tube materials as described in 22 CCR § 66273.6.

March 22, 2022 23 City of Gardena
ARTICLE 2:

GRANT AND ACCEPTANCE OF FRANCHISE

2.1 Grant and Acceptance of Franchise, Indemnity of Award Subject to the terms and conditions of this Agreement (including but not limited to the exclusions set forth in Section 2.9 hereof) and applicable State laws, and to the rights of State, county and school district facilities to use a Solid Waste enterprise other than Contractor, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive Franchise, right and privilege to provide Solid Waste Handling Services at all Residential and Commercial Premises within the boundaries of the City (the “Franchise”).

Contractor agrees to and shall timely take all actions that are reasonably necessary to defend the validity and enforceability of this Agreement and shall pay all costs related to such defense. Contractor shall defend, indemnify, protect and hold harmless, the City, its officers, agents and employees from any and all claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by the City of this Agreement. The City shall promptly notify Contractor of any such claim, action, or proceeding. The City and Contractor shall meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that the City shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot be reached. Contractor’s obligations to pay all costs, defend, indemnify, protect and hold harmless under this section shall not be altered in the event City retains separate counsel.

Contractor hereby accepts the Franchise on the terms and conditions set forth in this Agreement.

2.2 Exclusive Nature of Franchise
During the term of this Agreement, except as otherwise provided in Section 2.9 below, or as may otherwise be provided by federal or State law, the rights granted to the Contractor under this Agreement shall be exclusive to the Contractor. The City will not let any contract to, or enter into any agreement with, any other Person for the performance of the services herein required to be performed by the Contractor.

To the extent permitted under State or federal law, the City shall protect the Contractor’s exclusive rights by proper ordinances, and by reasonable enforcement of those ordinances.

Should the City be required to take administrative, law enforcement, or other legal action against any Person that infringes on the Contractor’s exclusive rights, the Contractor shall reimburse the City for its reasonable administrative, law enforcement, or other legal costs related to any such action. Nothing herein shall preclude Contractor from taking such legal action against third parties as it deems appropriate to protect the exclusive nature of its Franchise.

March 22, 2022 24 City of Gardena

2.3 Effective Date
The effective date of this Agreement shall be the date which the City Council approves this Amended and Restated Agreement.

2.4 Term of Agreement
The term of this Agreement shall be ten (10) years, commencing at midnight July 1, 2022, and expiring at 11:59 P.M. June 30, 2032, subject to extension as provided herein. Notwithstanding the foregoing, the unexcused failure or refusal of Contractor to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained herein.

2.5 Option to Extend Term
City shall have the sole option to extend this Agreement up to sixty (60) months. The City may, upon 90-day advance written notice to the Contractor prior to Agreement expiration, exercise the extension option. If such extension notice is provided by City, the Agreement will automatically renew monthly, up to a maximum of sixty (60) months unless City gives Contractor a 60-day written notice of expiration.

2.6 Representations and Warranties of Contractor
Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated hereby, all of which shall be true as of the date of this Agreement and as of the Effective Date:
a) Contractor is wholly owned by Waste Recourse Technologies, Inc., a corporation duly organized and validly existing as a corporation under the laws of the State of California. b) Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor.

March 22, 2022 25 City of Gardena
c) There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor’s knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor or Waste Resources Technology, Inc. [parent/guaranteeing Contractor] which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor or Waste Resources Technology, Inc. [parent/guaranteeing Contractor] in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor or Waste Resources Technology, Inc. [parent/guaranteeing Contractor]. [This provision may be waived by the City.}
d) Contractor has no knowledge of any Applicable Law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby.
e) Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Collection services required by this Agreement. f) The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in Exhibits of this Agreement, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement.
g) Contractor’s representative shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Contractor unless the actions taken are not within the scope of this Agreement.

2.7 Conditions to Effectiveness of Agreement
The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City.

March 22, 2022 26 City of Gardena
a) Accuracy of Representations. Representations and warranties made by Contractor throughout this Agreement are accurate, true and correct on and as of the Effective Date of this Agreement.
b) Absence of Litigation. There is no litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance.
c) Furnishing of Insurance and Bonds. Contractor has furnished evidence of the insurance and bonds required by Article 9.
d) Effectiveness of City Council Action. City's Resolution approving this Agreement shall have become effective pursuant to California law prior to the Effective Date. e) Contractor shall have paid the Contracting Fee to City, as provided in Section 3.5.

2.8 Delegation of Authority
The administration of this Agreement by the City shall be under the supervision and direction of the City Manager's office and the actions specified in this Agreement, unless otherwise stated, shall be taken by the City Manager, or his or her designee.

2.9 Limitations to Scope
Notwithstanding any provision to the contrary contained herein, the exclusive franchise, right and privilege to provide Solid Waste Handling Services at Premises within City granted to Contractor by this Agreement specifically excludes the following services, which services may be provided by Persons other than Contractor, and which may be the subject of other permits, licenses, franchises or agreements issued or entered by City:
a) Recyclable and Organic Waste. Other Persons shall maintain the right to: (1) accept Source Separated Recyclable Materials and Source Separated Organic Waste donated from the service recipient, or (2) to pay the service recipient for Source Separated Recyclable Materials and Source Separated Organic Waste provided that there is no net payment made by the service recipient to such other Person. b) Donated or Sold Materials. Any items which are Source Separated at any Premises by the Generator and sold or donated to other Persons, including youth, civic, or charitable organizations.
c) Solid Waste, including Source Separated Recyclable Materials and/or Source Separated Organic Waste, which is removed from any Premises by the Generator, and which is transported personally by such Generator (or by his or her full-time employees) to a Solid Waste Facility in a manner consistent with all Applicable Laws and regulations; March 22, 2022 27 City of Gardena
d) Green Waste removed from a Premises by a gardening, landscaping, or tree trimming Contractor, utilizing its own equipment, as an incidental part of a total service offered by that Contractor rather than as a hauling service;
e) Construction and Demolition Debris which is removed by a duly licensed construction or demolition contractor or as part of a total service offered by said licensed contractor or by the City, where the licensed contractor utilizes its own equipment; f) The Collection, Transfer, Transport, Recycling, Processing, and Disposal of animal waste and remains from slaughterhouse or butcher shops for use as tallow; g) The Collection, Transfer, Transport, Recycling, Processing, and Disposal of by-products of sewage treatment, including sludge, sludge ash, grit and screenings; h) The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Hazardous Substances, Hazardous Waste, Household Hazardous Waste and radioactive waste regardless of its source, including tires, used oil and used oil filters; i) The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Solid Waste by City through City officers or employees in the normal course of their City employment;
j) Solid Waste Handling Services for governmental agencies other than City, which may have facilities in City, but over which City has no jurisdiction in connection with the regulation of Solid Waste; and,
k) The Collection of Source Separated Recyclable Materials and/or Source Separated Organic Waste that are not diverted by the Contractor’s Diversion programs. l) The Food Waste or other Organic Waste diverted from Disposal removed from a Premises and delivered to hog farms or to other Premises for use as animal feed; and, m) Edible food removed from a Premises and recovered for human consumption.

The exclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable state and federal laws, now in effect and adopted during the term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and developing Applicable Laws with regard to Solid Waste Handling Services, exclusive Franchise, control of Recyclable Materials, Solid Waste flow control, and related doctrines. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth herein, Contractor agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by March 22, 2022 28 City of Gardena
Contractor to arise out of further limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact to other services being provided as much as possible.

2.10 City’s Right to Direct Changes

2.10.1 General
City may direct Contractor to perform additional services (including new Diversion programs, etc.) or modify the manner in which it performs existing services or bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/or new requirements for Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion requirement during the term of this Agreement and Contractor agrees to propose services to meet such Diversion requirements. Contractor shall be entitled to an adjustment in its Contractor Compensation for providing such additional or modified services, if Contractor demonstrates that its cost of service would increase. Any adjustment will be subject to majority protest approval. City may utilize cost components included in the Contractor’s Proposal in calculating equitable rate adjustments. If City and Contractor cannot agree on compensation for new or additional services, then City may contract with other parties for such services, which shall be considered exempt from the exclusivity provisions of Section 2.2. If Contractor cannot receive the agreed to compensation due to a majority protest Contractor will not be required to implement additional services.

2.10.2 New Diversion Programs
Contractor shall present, within sixty (60) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following:
a) Collection methodology to be employed (equipment, manpower, etc.). b) Equipment to be utilized (vehicle number, types, capacity, age, etc.). c) Labor requirements (number of employees by classification). d) Type(s) of Containers to be utilized.
e) Type(s) of material to be Collected
f) Provision for program publicity/education/marketing. g) Three-year projection of the financial results of the program's operations in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions.

March 22, 2022 29 City of Gardena

2.10.3 City's Right to Acquire Services
Contractor acknowledges and agrees that City may permit other Persons besides Contractor to provide additional Solid Waste services not otherwise contemplated under this Agreement. If pursuant to this Section 2.10.3, Contractor and City cannot agree on terms and conditions of such services within ninety (90) days from the date when City first requests a proposal from Contractor to perform such services, or compensation is not approved due to a majority protest.

Contractor acknowledges and agrees that City may permit Persons other than Contractor to provide such services.

2.10.4 Flow Control Option
City has the option to provide written direction to the Contractor specifying a Facility for handling, Processing, and Disposal of Solid Waste, Source Separated Recyclable Materials and Source Separated Organic Waste, and other Discarded Materials. If City directs Contractor to a Facility other than an Approved Facility listed in this Agreement, or otherwise requested by Contractor, and in doing so it adversely affects the ability of the Contractor to meet either or both of the requirements of Section 9.3 and Section 4.2.6, then in this event the City and Contractor shall meet and confer and mutually agree on revised obligations for Sections 9.3 and

4.2.6. The foregoing notwithstanding, in the event City directs Contractor to a Facility other than an Approved Facility listed in this Agreement or otherwise requested by Contractor, then a rate adjustment may be implemented based upon any demonstrable increase or decrease in costs associated with handling, Processing, Disposal, and transportation subject to majority protest proceedings.

In the event City so notifies Contractor of its desire to cease exercising its Flow Control Option, Contractor shall have the absolute discretion to utilize any Disposal facility, transfer station, Recycling facility, Material Recovery Facility, C&D Processing Facility, Organic Waste Processing Facility, landfill, or other facility of its choosing to retain, Recycle, Process, and Dispose of Solid Waste generated within the City, provided the use of such facility by Contractor enables it to meet all other requirements of this Agreement and State law.

2.11 Ownership of Solid Waste
Once Solid Waste is placed in Containers and properly placed at the designated Collection location, ownership and the right to possession shall transfer directly from the Generator to Contractor by operation of this Agreement. Subject to Contractor's objective to meet the Source Reduction and Recycling goals which apply to City and City's right to direct Contractor to process and dispose of Solid Waste at a particular licensed Solid Waste Facility or to dispose of Solid Waste at a particular licensed Disposal Site, if and only if City exercises such right by providing specific written direction to Contractor, Contractor is hereby granted the right to retain, Recycle, process, Dispose of, and otherwise use such Solid Waste, or any part thereof, in any lawful fashion or for any lawful purpose desired by Contractor; this does not impact Contractor’s right to retain Recyclable Materials revenue under Section 4.2.5. Subject to the provisions of this Agreement, Contractor shall have the right to retain any benefit resulting from March 22, 2022 30 City of Gardena
its right to retain, Recycle, process, Dispose of, or reuse the Solid Waste, Organic Waste, and Recyclable Materials which it Collects. Solid Waste, Organic Waste, and Recyclable Materials, or any part thereof, which is disposed of at a Disposal Site or sites (whether landfill, transformation Facility, transfer station, Approved Organic Waste Processing Facility or Material Recovery Facility) shall become the property of the Owner or operator of the Disposal Site(s) once deposited there by Contractor. City may obtain ownership or possession of Solid Waste placed for Collection upon written notice of its intent to do so, however, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given to Contractor.

2.12 Contractor Status
Contractor represents and warrants that it is duly organized, validly existing and in good standing under Applicable Laws. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement.

2.13 Contractor Authorization
Contractor represents and warrants that it has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions required by Applicable Law, its articles of incorporation, and its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Contractor have authority to do so. Contractor shall authorize one employee for the City as a single point of contact for issues arising under this Agreement. City may accept that this employee’s actions are taken on behalf of and with the full approval of the Contractor.

2.14 Annexations
This Agreement extends to any territory annexed to the City during the term of this Agreement except to the extent that Collection by Contractor within that annexed territory would violate the provisions of Public Resources Code Section 49520. In such event, this Agreement shall become effective as to such area at the earliest possible date permitted by law, and City agrees that it shall cooperate with Contractor to fulfill any requirement necessary for Contractor to serve the annexed area consistent with this paragraph.

2.15 Mandatory Service
At all times during the term of this Agreement, the City shall require the Owner of each occupied Premises where Solid Waste is produced to subscribe to the Collection service provided for in this Agreement.

March 22, 2022 31 City of Gardena

2.16 Permits and Licenses
Contractor shall acquire and maintain all necessary permits and licenses for the Collecting, transporting, Processing, and storing of Solid Waste, Source Separated Recyclable Materials and Source Separated Organic Waste, disposing of Solid Waste, and the Recycling of Source Separated Recyclable Materials as required under this Agreement. Failure to maintain all required permits shall be deemed a material breach of contract for which City may terminate this Agreement as provided in Article 11. Contractor must follow requirements of Chapter 5.04 of the Gardena Municipal Code, including, but not limited to, obtaining a City of Gardena business license.

March 22, 2022 32 City of Gardena
ARTICLE 3:

FRANCHISE FEE, ADMINISTRATIVE FEE & RECYCLING SURCHARGE In addition to any other consideration set forth herein, as part of its consideration for entering into this Agreement, and for the exclusive Franchise, right and privilege to provide Solid Waste Handling Services as specified herein, Contractor shall provide the following:

3.1 Franchise Fee
In consideration of the exclusive Franchise granted pursuant to this Agreement, the Contractor shall pay to the City Franchise Fees.

3.1.1 Section Reserved

3.1.2 Quarterly Franchise Fee
In consideration of the exclusive Franchise provided in Section 2.1 of this Agreement, Contractor shall pay to City ten-percent (10%) of Gross Revenues from services provided to Residential Premises Customers, and twelve-percent (12%) of Gross Revenues for all other services provided by Contractor of the Gross Revenues derived by Contractor from services provided in City. Concurrent with each Franchise Fee payment, Contractor shall provide an accounting worksheet showing the amount, if any, of delinquent Customer accounts.

3.1.3 Time and Method of Quarterly Franchise Fee Payment On or before the fifteenth (15th) day following the end of each calendar quarter, during the Term of this Agreement, Contractor shall remit to City a sum of money equal to the percent, as provided in Section 3.1.2, of the Gross Revenues collected by Contractor for Franchise services provided within City, during the preceding calendar quarter, as a Franchise Fee. If the Franchise Fee is not paid on or before the fifteenth (15th) day following the end of the calendar quarter, Contractor shall pay to City a penalty in an amount equal to two percent (2%) of the amount owing for that quarter. Contractor shall pay an additional two percent (2%), on any unpaid balance for each following thirty (30) day period the Franchise Fee remains unpaid. Late payment penalties shall not be included in any revenue requirement.

Each quarterly remittance to City shall be accompanied by a statement detailing Gross Receipts for the period covered from all operations conducted or permitted, pursuant to this Agreement.

In addition, Contractor shall maintain copies of all Billing and Collection records for five (5) years, following the date of Billing, for inspection and verification by City at any reasonable time upon request.

3.2 AB 939/SB 1383 Regulatory Reimbursement

3.2.1 Amount
The City has incurred expenses for preparing and adopting the Source Reduction and Recycling and Household Hazardous Waste Elements (SRRE and HHWE, respectively) required by AB March 22, 2022 33 City of Gardena
939. City has, and will continue, to incur expenses for implementing the programs in the SRRE and HHWE. Therefore, Contractor shall remit to the City one and a half-percent (1.5%) of Gross Revenues, or another amount as approved by ordinance or resolution of the City Council, per calendar quarter as an AB 939/SB 1383 Regulatory Reimbursement for Solid Waste Handling Services performed in the City. Contractor will collect these fees from Customers on the regular Billings and remit collected amounts to City on a quarterly basis, as provided below. Contractor may be required to separately identify the Fee and other specific costs on bills as determined and directed by City.

3.2.2 Time and Method of Payment
Except as expressly provided below, during the term of this Agreement and any extension thereof, Contractor shall remit the AB 939/SB 1383 Regulatory Reimbursement per calendar quarter to City in the same fashion and subject to the same terms and conditions as the Franchise Fee. Contractor shall continue to pay the same percentage amount each quarter until the AB 939/SB 1383 Regulatory Reimbursement is changed by City resolution.

3.3 Section Reserved

3.4 Other Fees
In addition to the other consideration described in this Agreement, Contractor shall pay to City on December 30th for each year of the term of this Agreement, or any extension thereof, the amount of one-hundred and five thousand dollars ($105,000) for support of community events.

WRG will be recognized at community events that it supports monetarily.

3.5 Contracting Fee
In addition to the other consideration described in this Agreement, Contractor shall within thirty (30) days of the execution of this Agreement, pay City its reasonable costs for developing and negotiating this Agreement in an amount not-to-exceed eighty-nine thousand dollars ($89,000).

3.6 Payments in Lieu of Other Taxes
All sums payable by Contractor to City under this Agreement shall be in lawful money of the United States and shall be in lieu of any license tax which might otherwise be imposed by City for the privilege of Contractor conducting its business under this Agreement in City, other than any business license tax imposed by City pursuant to the Municipal Code.

March 22, 2022 34 City of Gardena
ARTICLE 4:

DIRECT SERVICES

4.1 Refuse

4.1.1 General
The work to be done by Contractor pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not.

The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the residents within City are provided reliable, courteous and high-quality Solid Waste Collection at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this section, whether such other aspects are enumerated elsewhere in the Agreement or not.

All Collection systems shall comply with CalRecycle requirements under SB 1383 as described in Exhibit 7.

4.1.2 Residential Cart Refuse Collection
Contractor shall provide all Customers at Residential Premises without Bin Service with one Cart (“Refuse Cart(s)”). Customers may select a 64, or 96-gallon Cart. The 64-gallon Cart shall be the default in the event that a size is not selected. Collection frequency shall be not less that once per week from Contractor-provided Carts placed at a suitable location, which is typically on the curb, but may be in the street against the curb or in the alley. If there is a dispute between a Customer and Contractor as to whether Cart or Bin service shall be provided, or the proper location for Cart placement, City will make the final determination.

Cart Customers that regularly require more than one Refuse Cart may request additional Carts for an additional charge per Cart per month in accordance with the approved rate schedule.

Multi-Unit Residential Premise Customers receiving Refuse Cart services are entitled to the same services as Residential Premises Cart Customers and will pay the same rates, per unit.

4.1.3 Service for Disabled Customers
Contractor shall collect Solid Waste from the rear yard or other location convenient to the resident for physically challenged residents with State of California handicapped placards, or documentation from a state or federal agency confirming the Customer’s disability, at no additional charge to the resident or City. Such a physically challenged resident shall provide Contractor with verification as described above and shall also provide permission to Contractor March 22, 2022 35 City of Gardena
to enter his or her property to collect Solid Waste and verification that no other able-bodied person live in the household. New Customers shall be notified of this option upon requesting service. Non-qualified Residential Premises Cart Customers may request this service and shall pay the Non-qualified private property rates included in the approved rate schedule.

4.1.4 Bin Refuse Collection
Contractor shall provide Bin Service to Single-Unit Residential Premises Customers that request this service, Multi-Unit Residential Premises Customers not receiving Cart service, and Commercial Customers. Contractor shall Collect and remove all Refuse that is placed in Bins from the property of Customers receiving Bin Service, at least once per week and more frequently if required to handle the waste generated at the Premises where the Bins are located.

Special consideration shall be given when determining the pickup areas to ensure that the flow of traffic is not impeded. Repeated, reasonable public complaints about unreasonable interference with traffic flows may constitute a default or violation of this Agreement.

Customers may lease from Contractor or third party’s compaction equipment that may be attached to Bins. The provision of compaction equipment is outside the scope of the Agreement.

Collection of Bins using these devices remains within the scope of this Agreement unless otherwise excluded per Section 2.9.

4.1.5 Commercial Premises Cart Service
As an alternative to the requirements of Section 4.1.4, Contractor shall offer Collection in Refuse Carts to Customers at Commercial Premises that do not have space for, or do not generate enough waste to require the use of Bins for Collection at rates shown in the approved rate schedule. If Contractor and Customer have a disagreement as to whether a Refuse Cart is appropriate, or if City determines the Collection in a Refuse Cart causes health and safety or other concerns, City shall make the final determination as to whether Collection in a Refuse Cart may occur.

4.1.6 Overflowing Containers
Customers that regularly produce more Refuse than their current level of service can accommodate may have their service level increased in accordance with the following procedure:

First Incident in a Six-Month Period – If more material is placed for Collection than fits in a Container, Contractor shall photograph the overflowing Container and send to the Customer (at both the service and billing addresses) the picture and a letter instructing that the next instance of an overflowing Container may result in a charge.

Second Incident in a Six-Month Period – Upon the second event of an overfilled Container in a six-month period, Contractor shall photograph the overflowing Container and send to the Customer the picture and a letter instructing that a third incident in that same six-month period may result in an increase in the level of service. If the Container overflowed sufficiently to require the driver to leave the Collection vehicle to clean around the Container, Contractor may March 22, 2022 36 City of Gardena
charge the Container Overage Cleanup fee in the approved rate schedule.

Third Incident in a Six-Month Period – Upon the third event of an overfilled Container in a sixmonth period, Contractor shall photograph the overflowing Container and send to the Customer the picture and a letter notifying Customer of an increase in its service level. If the Container overflowed sufficiently to require the driver to leave the Collection vehicle to clean around the Container, Contractor may charge the Container Overage Cleanup fee in the approved rate schedule.

In the event that this Section gives rise to a dispute between Contractor and a Customer, City shall settle the dispute in accordance with Section 5.2.3.

4.1.7 Roll-off Box Service
Contractor shall provide exclusive (as limited by Section 2.9) permanent and temporary Roll-off Box Collection service upon request. Contractor must deliver a temporary Roll-off Box to a Customer within one business day (excluding Saturday, Sunday and holidays listed in Section

4.5.1) of request. Contractor may not charge for any services not listed in the rate schedule without prior approval of the City.

Contractor will provide standard 10 to 40-cubic-yard standard Roll-off Boxes. The provision of compactor Roll-off Boxes, which are enclosed Containers attached to a compaction device, is not included in this Agreement. Providing service to such compactor Roll-off Boxes is included.

4.1.8 Temporary Bin Service
Contractor shall provide exclusive (as limited by Section 2.9) temporary Bin Service to Customers upon request. Contractor must deliver a temporary Bin to a Customer by the following business day (excluding Saturday, Sunday or holidays listed in Section 4.5.1), if requested by 12:00 noon; otherwise, delivery shall be no later than the second day. Rates for temporary Bin Service are listed separately in the approved rate schedule.

4.1.9 Scout Service
Upon Customer request, Contractor shall provide scout service, whereby Contractor will access Containers using a small vehicle either to move Containers to street or other public right-of-way for Collection or Collecting Solid Waste directly from Container storage location. The Contractor may charge the scout rate included in the approved rate schedule to move or retrieve a Container when operationally required in order to safely position the Container for Collection.

In the event of a dispute between Contractor and Customer as to whether scout service will be used, the City will make the final determination. If a scout fee is charged, then a Bin pushout fee shall not be charged.

4.1.10 Bin Pushout Service
Upon Customer request, Contractor shall provide Bin pushout service, whereby Contractor will move Containers manually to facilitate Collection. The Contractor may charge the pushout rates March 22, 2022 37 City of Gardena
included in the approved rate schedule to move or retrieve a Container over twenty-five (25) feet to facilitate Collection. For Containers in Bin enclosures, the measurement of distance shall be from location of the Bin once removed from the enclosure to the point of Collection. In the event of a dispute between Contractor and Customer as to whether pushout service will be used, the City will make the final determination. If a Bin pushout fee is charged, then a scout service fee shall not be charged.

If Contractor must place a Bin in the public right-of-way to facilitate Collection, Contractor shall not permit the Bin to remain in the public right-of-way over one hour. If the Bin is stored under a chute for Solid Waste Collection, the Bin must be serviced and returned immediately.

4.1.11 Locking Bins
Contractor shall provide locking Bin Service (providing the hasp and lock and servicing the lock) to Customers that request such service in accordance with the approved rate schedule.

4.1.12 Return Trip Fee
Contractor may charge a fee, per the approved rate schedule, in the event that Contractor arrives on time for a scheduled Collection of Carts, Bins or Roll-off Boxes, and is impeded from Collection due to Container being blocked or otherwise unable to be Collected due to issues within the Customer’s control, and Contractor must return a second time for Collection. Charge may be assessed for the trip, not per Container, in the event of a Customer with multiple Containers. If Contractor attempts to contact Customer to confirm that the Container is accessible, but Customer is non-responsive, Contractor need not return that day and, therefore, may not charge the return trip fee.

4.1.13 On-Call Bulky Item Pickup
Contractor will provide four (4) bulky item pickups of up to three (3) cubic yards of items per unit annually to Residential Premises Customers. Customer must request pickup prior to 2:30 p.m. on the day prior to collection. Collections in excess of four (4) per year and/or three (3) cubic yards per unit will be charged per the approved rate schedule.

Contractor will provide four (4) bulky item pickups of up to three (3) cubic yards of items per unit annually to Multi-Unit Residential Premises Customers. Customer must request pickup prior to 2:30 p.m. on the day prior to Collection. Collections in excess of four (4) per year and/or three (3) cubic yards per unit will be charged. Contractor shall Collect all Bulky Items as defined in Section 1.15 including items referred to as Electronic Waste or “E-Waste” as defined in Section

1.40. The following provisions shall apply to this program:
a) No single item that cannot be handled by two workers will be accepted. b) The following items will not be picked up: Hazardous Substances, including waste oil or anti-freeze. For the purposes of this section, and televisions, monitors and other items referred to as “E-Waste” are not considered hazardous and will be Collected by and March 22, 2022 38 City of Gardena
disposed of in accordance with this section as well as Sections 4.1.14 and 4.1.15 by Contractor.

Residential and Multi-Family Premises Customers that exceed the number of free pickups and Commercial Customers may receive Bulky Item Collection under the same terms for a fee, in accordance with the approved rate schedule.

Contractor will notify all Residential Premises Customers annually, beginning within thirty (30) days of effectiveness of this Agreement, of this service. New Customers shall be notified of this service upon request of Collection services.

Contractor will develop a warning notice to inform Customers who set out Bulky Items without contacting Contractor one calendar day prior to setting out items, and that exceed the number of items per pickup, or the number of pickups per year, that they may incur a charge in accordance with the approved rate schedule.

4.1.14 Bulky Item Diversion
Bulky Items Collected by Contractor in accordance with Section 4.1.13, or otherwise Collected under this Agreement, may not be landfilled or disposed of until the following hierarchy of Diversion efforts has been followed by Contractor:
a) Reuse as is
b) Disassemble for reuse or Recycling
c) Transport Bulky Items and reusable items to the appropriate Approved Facility for Reuse, Processing
d) Transport Green Waste to the Approved Organic Waste Processing Facility for Processing
e) Transport paper products to the Approved Source Separated Recyclable Materials Processing Facility for Processing
f) Disposal
This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items unless the compaction mechanism is not used to compact the Bulky Items, unless they have been designated for Disposal.

Contractor shall ensure that Bulky Items containing Freon, such as refrigerators, freezers and dehumidifiers, are safely dismantled, and hazardous/toxic materials are Disposed of in accordance with all current and future regulations.

March 22, 2022 39 City of Gardena

4.1.15 Diversion of Electronic and Other Special Wastes Contractor shall Divert waste requiring special handling, such as Electronic Waste, or “EWaste,” and Universal Waste, or “U-Waste,” Collected in accordance with Sections 4.1.13, 4.1.14 and 4.1.15, or by other means under this Agreement, by taking these goods to a properly permitted facility, and not by landfilling.

4.1.16 Sharps Collection Program
Contractor shall provide Customers, at no additional charge, within one week of request, a prepaid, postage-paid mail-back container to safely Collect Sharps and send Sharps for proper Disposal. Residents are limited to one (1) container at no additional charge per quarter, additional containers will be available for an additional charge. Each container shall be of adequate volume to accommodate the needs of a diabetic Person for a three-month period.

4.1.17 Medication Takeback Program
Contractor will assist the City in increasing awareness of medication takeback programs provided by local pharmacies, or programs offered by other government entities. Promotional activities will include: posting on Contractor’s website, inclusion in the annual brochures/mailings mailed to each Residential Premises Customer, Billing inserts, social media targeted outreach, and press releases to local news outlets.

4.2 Recycling

4.2.1 General
The Parties agree that the list of accepted types of Source Separated Recyclable Materials included in Section 1.79 may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City provided that in all cases Source Separated Recyclable Materials (including Paper Products and Printing and Writing Papers as defined by SB 1383, 14 CCR Section 18982(a)) is included for Collection. Contractor shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Contractor will update public education materials accordingly as new items are added to those recovered by the Facility. Prohibited Container Contaminants shall not be Collected in the Blue Containers, or Containers with Blue lids.

Contractor shall Transport the Source Separated Recyclable Materials to (i) the Approved Source Separated Recyclable Materials Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Source Separated Recyclable Materials Processing Facility, as specified in Exhibit 6.

4.2.2 Source Separated Recyclable Materials Collection for Cart Refuse Customers Contractor shall provide all Customers receiving Cart Refuse Collection with a Blue 64-or 96- gallon Cart for Collection of Source Separated Recyclable Materials and shall Collect all Source March 22, 2022 40 City of Gardena
Separated Recyclable Materials placed therein for Collection not less than once per week at no additional charge.

Contractor shall Collect Recyclable Material placed in Recycling Carts for Collection from each Customer on the same day as Customers’ Refuse Cart is Collected.

Contractor will update public education materials accordingly as new items are added to those recovered by the Facility. Customers that regularly fill their Recycling Cart may request additional Carts at no additional charge.

4.2.3 Commercial Recycling
Contractor agrees to provide, at no additional charge, unlimited Source Separated Blue Container Recyclable Materials Collection service to Multi-Unit Residential Premises and Commercial Customers requesting it from the Contractor. Contractor may purchase Source Separated Blue Container Recyclable Materials from its Customers as well. The Contractor agrees to provide Recycling Bins, Cans or Carts to such Customers in sufficient quantities to meet the Recycling needs of each Customer.

Contractor also agrees to make programs available for all other Source Separated Blue Container Recyclable Materials for which it has established markets. The Contractor shall notify all Customers via a mailed notice prior to the start of services under this Agreement, and in each annual notice or, if requested by City, second notice to Customers, of the availability of Source Separated Blue Container Recyclable Materials Recycling Collection programs.

4.2.4 Mandatory Commercial and Multi-Unit Residential Premises Source Separated Recyclable Materials Program
All Commercial and Multi-Unit Residential Premises' accounts that meet the criteria set for in AB 341 and SB 1383 shall have a documented Recycling program in place, either through Contractor’s program, or third-party Recycling efforts.

Contractor will promote Commercial and Multi-Unit Residential Premises Recycling programs and assist the City in providing reports on Customers’ Recycling efforts. Reports will be updated on a monthly basis and submitted with Contractor monthly reports to the City. Contractor will report all Customers that have service levels within the thresholds of AB 341 on reporting forms provided by the City. The report will document whether the Customer receives Recycling service from the Contractor (Self-recycles or receives Recycling from a third party.

The City will assist Contractor is promoting and notifying customers of their need to comply with the regulations.

March 22, 2022 41 City of Gardena

4.2.5 Marketing and Sale of Recyclable Materials
Contractor shall be responsible for marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor may retain revenue from the sale of Recyclable Materials and shall report the amount of such revenues to City upon request.

4.2.6 Minimum Recycling Requirements
Contractor shall divert from landfilling, a minimum of 27% of all Solid Waste it Collects under this Agreement annually for the 12 months ending December 31 of each calendar year during the term of this Agreement.

Contractor shall also Recycle or divert from landfill sufficient waste to ensure that the City meets the then current AB 939 requirements for diversion City-wide (currently 50%) Contractor shall only be considered to have met this requirement under this Agreement if the City’s annual report to the CalRecycle shows a greater than 50% diversion rate and if the CalRecycle approves the City’s reports as having a greater than 50% diversion rate in connection with efforts to meet City’s AB 939 diversion goals.

Contractor must meet both diversion obligations; meeting one requirement does not relieve Contractor of the other. Liquidated damages shall be assessed under Section 11.4 for failure to meet these goals.

Contractor shall Divert from landfilling the State-mandated Construction and Demolition Diversion percentage required by CALGreen, currently 65%, of all Construction and Demolition Debris loads Contractor Collects under this Agreement. This percentage may change in the future if CALGreen’s requirements change.

Upon the request of either party, not more often than once every two (2) years, the Parties agree to meet and confer regarding adjustments to the minimum Diversion rate, based on factors including waste characterization data provided by Contractor, trends in source reduction and reuse, trends in third party Diversion, extent of reverse logistics, the availability of permitted Facilities that are capable of Processing material to achieve the required levels of Diversion, emerging methods of Processing and Recycling/reusing new waste materials, the availability of markets, transportation constraints, embargoes, and the impact of scavenging. City shall consider such information provided by Contractor and other industry data and shall, at its sole discretion, determine if any adjustments to the minimum Diversion requirements shall be made, and such changes must be approved by the City Council before becoming effective.

If these Diversion requirements are not met, City may instruct Contractor to initiate new programs at Contractor’s expense in order for this goal to be met on a consistent basis.

Contractor as Authorized Recycling Agent. City hereby designates Contractor as an authorized Recycling agent (though not the sole agent) for the purposes of conducting Recycling activities within the City pursuant to the terms of Public Resources Code Section 40105. Notwithstanding the foregoing, Contractor at all times shall be and remain independent from the City.

March 22, 2022 42 City of Gardena

4.3 Organics Waste Program – General
All Generators of Food Waste shall be provided a Source Separated Organic Waste Collection program that complies with the requirements of Section 4.5.14 Transfer, Processing and Disposal and Exhibits 6 and 7. Organic Wastes that are to be accepted for Collection in the Source Separated Organic Waste Collection program as described in Section 1.69. The Parties agree that types of Organic Waste may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City. Contractor shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Carpets, Non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers.

Contractor may Collect Compostable Plastics in the Green Containers for Processing at the Approved Organic Waste Processing Facility. At least three (3) months prior to the commencement of the Collection of Compostable Plastics in the Source Separated Organic Waste program, Contractor shall provide written notification to the City that the Facility can Process and recover these Compostable Plastics. Contractor shall provide written notification to the City annually that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. Contractor shall notify the City within five (5) business days of the Facility’s inability to accept Compostable Plastics. The notification shall include: a description of the reasons the Facility is no longer able to Process and recover Compostable Plastics; the period of time the Facility will not Process and recover Compostable Plastics; and, the Contractor’s proposed plan to assist in education and outreach of Customers in the event that Compostable Plastics are no longer accepted for Collection. Such changes shall be handled as a change in scope pursuant to Section 2.10.

4.3.1 Organic Waste Cart Collection
Contractor shall provide weekly Collection of Source Separated Organic Waste on the same day as Refuse Collection from the City’s Residential Customers receiving Cart Refuse Collection, and one-unit homes with Bin service, from the same set-out location as Refuse Containers.

Contractor shall Collect Source Separated Organic Waste placed in 64-gallon Contractorprovided Containers and bundled Green Waste. Customers may request 96-gallon Carts at no additional charge. Contractor is responsible for moving all Containers as necessary for Collection, and then returning them to their original location. Contractor shall have an Organic Waste Recycling program whereby it, at a minimum, Collects the types of Organic Waste required by CalRecycle for Residential Cart Customers. Contractor shall ensure that all public education and outreach is updated to reflect materials that may be placed in Organics Materials Containers as they change during the term of this Agreement.

Contractor shall only be obligated to Collect Green Waste set out for Collection in bundles if it is a maximum of four (4) feet long and eighteen (18) inches in diameter.

Customers may request additional Source Separated Organic Waste Carts at no additional charge.

March 22, 2022 43 City of Gardena

4.3.2 Holiday Tree Collection Program
Contractor shall Collect all holiday trees discarded by Residential Premises customers on the regularly scheduled weekly Collection days from the first Collection day after Christmas Day through January 22, at no additional charge. After this period, trees will be Collected as Bulky Items under Section 4.1.13. Trees up to seven (7) feet in length will be Collected and Diverted without Customers needing to cut them. Contractor may request that Customers with larger trees cut the trees to pieces no longer than seven (7) feet and that ornaments and stands be removed prior to placement at Collection point (curb, beside Bin or as otherwise determined by Customer and Contractor). In addition to curbside collection, Contractor shall place Roll-off boxes at three local parks for drop off of holiday trees through January 22. Contractor will Divert all holiday trees from landfilling. Contractor shall Process all holiday trees that are properly set out for Collection as Source Separated Organic Waste in accordance with Exhibit 6.

4.3.3 Commercial and Multi-Unit Residential Premises Organics Collection Contractor shall provide Source Separated Organic Waste Collection, including Food Waste, from all Commercial and Multi-Unit Residential Premises Customers that generate Food Waste.

At a minimum the program will include Organics Cart Collection service and Organics Bin Collection service at the rates included in approved rate schedule.

4.3.4 Collection
Contractor shall Collect, process and Divert Organic Waste from Commercial and Multi-Unit Residential Premises Customers. Contractor shall provide a program sufficient to enable City and Customers to meet or exceed the requirements of AB 1826 and SB 1383.

Contractor shall tailor the appropriate program to accommodate the waste generation and space constraints of each Customer. Contractor shall offer the following options, all-inclusive in this program:
a) Organic Waste Cart: Customers that have the space for an additional Cart will have the option to receive a Commercial Organic Waste Cart.
b) Organic Waste Bins: Customers that have the space and need for a larger Container have the option to receive an Organic Waste Bin for Collection.

Carts and Bins shall comply to the color and labeling requirements of SB 1383.

4.3.5 Mandatory Commercial and Multi-Unit Residential Premises Organic Waste Program Contractor will promote Commercial and Multi-Unit Residential Premises Source Separated Organic Waste programs and assist the City in providing reports on Customers’ Organic Waste Diversion efforts. Reports will be updated on a monthly basis and submitted with Contractor monthly reports to the City. Contractor will report all Organic Waste generating Commercial and Multi-Unit Residential Premises Customers on reporting forms provided by the City. The March 22, 2022 44 City of Gardena
report will document whether the Customer receives Source Separated Organic Waste service from the Contractor (Self-recycles or receives Organic Waste Diversion from a third party.

Contractor will incorporate education regarding Organic Waste Recycling and the State requirements into materials produced under Section 5.3 and will develop its own Organicsspecific instructional materials for use in educating participating Customers. All participants receive as-needed or as-requested, on-site training from Contractor for management, kitchen staff, service employees, janitors, etc. Contractor will create and distribute a letter to all Customers. Additional materials may include instructional posters, brochures, or other formats as mutually agreed to between City and Contractor. As with all outreach material, all items must be submitted for review and approval by City prior to distribution.

4.3.6 Roll-off Box Source Separated Organic Waste Collection Service Contractor shall make permanent Roll-off Box Source Separated Organic Waste Collection available to all Customers that are required to have such service at the rates included in the approved rate schedule.

4.3.7 Food Recovery Assistance
a) Within thirty (30) days of execution of this Agreement, and at least annually thereafter, Contractor shall assist the City and/or its consultants in conducting inspections of Tier One Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess compliance with the requirements of 14 CCR Chapter 12 Article 10. Commencing January 1, 2024 and at least annually thereafter, Contractor shall expand its assistance to include Tier Two Commercial Edible Food Generators. b) At least annually, the Contractor shall provide Commercial Edible Food Generators with the following:
i. Information about the Contractor’s and/or City’s Edible Food Recovery program; ii. Information about the Commercial Edible Food Generator requirements under 14 CCR Chapter 12 Article 10;
iii. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,
iv. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
c) The Contractor may provide the education information required by this section (subsection b above) by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.

March 22, 2022 45 City of Gardena
d) Contractor shall cooperate with the implementation, expansion, or operation of Food Recovery efforts in the City, Food Recovery Organizations, and/or Food Recovery Services.

4.4 City Facilities Collection
Contractor shall provide Refuse, Source Separated Recycling, and Source Separated Organic Waste Collection and Disposal/Processing service in Carts, Bins, or Roll-Off Boxes for materials generated at Premises owned and/or operated by City now and in the future at no additional charge to City or ratepayers. City facilities as of the Effective Date of this Agreement are included in Exhibit 8. Contractor shall make Collections from Containers Monday through Friday or on Saturdays following non-working holidays. Collections shall be scheduled at a time mutually agreed upon by Contractor and City.

Contractor shall provide, at City's direction, Collection, Transport, Disposal, Processing and consulting services entailing:
a) Collection of Refuse from all City facilities and parks at least once per week or more frequently if required or requested by City staff;
b) Collection of Source Separated Organic Waste and Source Separated Recyclable Materials from City facilities and parks;
c) Collection and proper Disposal of Electronic Waste such as defined in Section 1.40, that are generated by, and placed for Collection at, City facilities, or Collected as abandoned items under Section 4.4.7.

4.4.1 City Sponsored Events
Contractor shall provide Refuse, Source Separated Recycling, and Source Separated Organic Waste Collection and Disposal/Processing service for City-sponsored events at no additional charge to City or ratepayers. This shall include providing Refuse Containers (Carts, Bins, Rolloff Boxes, and cardboard waste boxes with liners) to Collect and dispose of all Refuse.

Contractor shall provide Recycling Containers for the Collection of Recyclable and Organics Materials. City-sponsored events include, but are not limited to:
a) Jazz Festival
b) Food, Wine and Cigar Festival
c) Heritage Festival
d) Gardena Beautiful Day
e) Winter Wonderland
March 22, 2022 46 City of Gardena

4.4.2 Section Reserved

4.4.3 Neighborhood Cleanups
Not more than ten (10) times a year, Contractor shall be required to provide a neighborhoodwide cleanup within thirty (30) days of receipt of written notice from the City Manager or his or her designee. During each event, Residential Customers within the designated neighborhood(s) may place Bulky Items curbside for Collection by Contractor at no additional charge to City or ratepayers, consistent with the terms and provisions of this Agreement.

4.4.4 Paper Shredding Event
Contractor shall provide an on-site mobile shredding service for use by City residents (a “Shredding Event”) one (1) time per calendar year in coordination with one of the Cleanups described in Section 4.4.3 at no additional charge to City or ratepayers. The Shredding Event shall be provided at a date, time, and location designated and approved by the City, in his or her reasonable discretion, and should be for a minimum of three (3) hours in duration. In the event inclement weather prevents a Shredding Event from occurring, Contractor shall reschedule the Shredding Event to a date, time and location designated and approved by the City. The Shredding Event shall be conducted at Contractor’s sole cost and expense, utilizing equipment, personnel, and methods appropriate for such event, as approved by the City. Prior to each Shredding Event, Contractor shall coordinate with City staff and/or public safety personnel to make arrangements for safe, convenient, and effective access to and participation by City residents in the Shredding Event and shall procure all necessary insurance coverage.

Each Shredding Event shall be designed to accommodate up to a maximum of five (5) “Bankers” boxes of paper or other media suitable for shredding from each Residential and Multi-Unit Residential Premises Customer within the City that is participating in the Shredding Event.

Residents participating in the Shredding Event must be able to visually observe the materials they delivered to the Shredding Event. Contractor shall publicize each Shredding Event through methods, and using materials, approved by the City, at no cost to the City.

4.4.5 Compost Giveaway
Contractor shall provide one compost giveaway event per calendar year. Gardena residents will be allowed to fill up their containers on a first-come, first-serve basis. Contractor shall provide forty (40) cubic yards of compost material delivered to a location designated by the City. Any compost material remaining after event shall be removed by Contractor. The compost giveaway events will be coordinated with the City and can be held in conjunction with other City events.

4.4.6 Litter Container Collection
Contractor shall Collect all Solid Waste deposited in City-owned street litter Containers and Solid Waste Container enclosures at City parks included in Exhibit 9 as necessary to prevent overflow at all existing locations at no additional cost to the City or ratepayers. Contractor shall Divert from landfilling all dry Source Separated Recyclable Materials and Source Separated Organic Waste Collected from City-owned street litter Containers (including “Big Belly” March 22, 2022 47 City of Gardena
Containers at City bus stops) and from Solid Waste Container enclosures at City parks. Any liners needed to service Containers shall be provided by Contractor. The number of street litter Containers, Big Belly bus stop Containers, and Solid Waste Container enclosures at City parks to be Collected at no additional charge may be increased by up to five percent during the term at no additional charge.

4.4.7 Abandoned Item Collection
Contractor will Collect all abandoned items upon notification by the City for no additional charge to City or ratepayers. If Contractor is notified before 1:00 p.m., items will be removed the same day. If Contractor is notified after 1:00 p.m., items will be removed by 12:00 noon the following day. Contractor’s drivers shall report Bulky Items which are left next to Bins or in enclosures to the Route Supervisor to be Collected within the timeframe outlined above.

Contractor shall follow the Bulky Item Diversion requirements included in Section 4.1.14 for Bulky Items Collected by the City. This material must be handled in accordance with Exhibit 6.

4.4.8 Large Venue and Event Assistance, Event Recycling Contractor shall assist City planners of Large Venue events with reporting and planning needs to provide Recycling and Organics Materials Diversion as may be useful in meeting the requirements of AB 2176 and SB 1383, and in lowering Disposal quantities generated at such events at no additional charge to City or ratepayers.

4.4.9 Tree Trimming Program
Contractor will Collect and Process all tree trimming debris collected by the City as requested by the City at no additional charge to City or ratepayers in compliance with Exhibit 6.

4.4.10 Provision of Recovered Organic Waste Products
Contractor shall procure and provide to City quantities of Compost, Mulch, and/or Renewable Natural Gas from California-derived Organic Waste to assist the City in meeting the per capita annual Organic Waste product requirement contained in SB 1383 (14 CCR Section 18993.1).

Contractor may meet this obligation by one or a combination of the following activities:
a) Bulk Compost and/or Mulch - Contractor shall make available to City bulk Compost and Mulch that meet requirements defined in SB 1383, and shall Transport such material to City upon request, for City use in City parks and facilities at no cost to the City. b) Compost Giveaway as described in Section 4.4.5.
c) Use of Renewable Natural Gas in Collection vehicles.

Contractor shall implement best-efforts to ensure sufficient capacity of recovered Organics Waste products to meet the mandatory procurement requirements for jurisdictions contained in SB 1383 (14 CCR Section 18993.1) and to comply with specifications of these materials as defined in SB 1383, as may be amended, during the term of this Agreement including Agreement March 22, 2022 48 City of Gardena
extensions granted by the City.

4.4.11 Contractor Warranty of Recovered Organic Waste Products Contractor warrants that all Organic Waste products provided by the Contractor and/or its Subcontractors and used within the City are free from pathogens and inorganic waste material that may be harmful to the health and welfare of the City and meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). The Contractor shall indemnify and hold harmless the City against any claims arising from contaminated recovered Organic Waste products provided by the Contractor and/or its Subcontractors as set forth in Section 9.1.

4.5 Operations

4.5.1 Schedules
To preserve peace and quiet, Solid Waste shall only be Collected from Residential Premises between 7:00 a.m. and 7:00 p.m. Monday through Friday. Solid Waste Collected from Commercial Premises may not begin earlier than 6:00 a.m. for Premises located more than five hundred (500) feet from any Residential Premises, or 7:00 a.m. for Premises located five hundred (500) or fewer feet from any Residential Premises, or continue after 7:00 p.m., except as is specifically approved in writing by the City Manager or his or her designee. Contractor may not make exceptions to these Collection days and times without advanced written approval from the City. If the regularly scheduled Collection day falls on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day, Collection days for the remainder of that week shall all be postponed one Collection day and Residential Collection is permitted on Saturday during the make-up week.

Contractor shall be prepared to review its operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials Collected under this Agreement with City once annually upon 30-day written notice requesting said review. More frequent reviews may be required if operations are not satisfactory based on documented observations or reports or complaints. If the plan is determined to be inadequate by City, Contractor shall revise plan incorporating any changes into a revised plan and review said revised plan with City within thirty (30) calendar days.

4.5.2 Missed Pickups
When notified of a missed pickup prior to 1:00 p.m., Contractor shall Collect the Refuse, Recyclable Materials, and/or Organic Waste that was not Collected the same day by 7:00 p.m.

If notified after 1:00 p.m., Collection must take place no later than noon of the next Collection day (excludes only Sundays and holidays listed in Section 4.5.1 and, for Residential Cart Customers, Saturday).

March 22, 2022 49 City of Gardena

4.5.3 Vehicles
A. General. Contractor shall provide Collection vehicles sufficient in number and capacity to efficiently perform the work required by this Agreement. Any additional vehicles/routes that may be required to meet the service standards during the term of this Agreement, shall be done so at Contractor's sole expense. Contractor shall have available on Collection days sufficient back-up vehicles for each type of Collection vehicle used to respond to complaints and emergencies.

B. Specifications. Contractor shall operate no vehicles within the City over 10-years in age during the term of this Agreement. By the end of the first year of service, all route Collection vehicles used by Contractor in providing Refuse, Source Separated Recycling, and Source Separated Organic Waste Collection services, excluding spares, Roll-off Box Collection vehicles, scout vehicles, supervisor vehicles, Container delivery and other specialty vehicles used on a sporadic basis, shall use exclusively renewable natural gas (RNG), compressed natural gas (CNG) or liquefied natural gas (LNG), or electric. Such vehicles must be registered with the California Department of Motor Vehicles and shall have water-tight bodies designed to prevent leakage, spillage or overflow. At all times during the term of this Agreement, Contractor’s Collection vehicles shall comply with South Coast Air Quality Management District Requirements and the California Air Resource Board requirements as they are currently in force and as they may be approved for Refuse removal vehicles, as well as other Federal, State and local laws and regulations that may be enacted during the term of this Agreement.

C. Vehicle Identification. Contractor's name, local telephone number, and a unique vehicle identification number designated by Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than two and one-half (2 1/2) inches high. No advertising shall be permitted other than the name of the Contractor except promotional advertisement of the Source Separated Recyclable Materials and Source Separated Organic Waste programs, other programs specific to the City, or information requested by City.

All advertisement must be approved by the City. City may request changes to the vehicle advertising up to two (2) times per year. Contractor shall not place City's name and/or any City logos on Contractor vehicles.

D. Cleaning and Maintenance
1) Contractor shall maintain all of its properties, vehicles, facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean and operable condition at all times.
2) Vehicles used in the Collection of Refuse, Source Separated Recyclable Materials, and Source Separated Organic Waste shall be painted, thoroughly washed, and thoroughly steam cleaned on a regular basis so as to present a clean appearance. City may inspect vehicles at any time to determine compliance with this Agreement. Contractor shall also make vehicles available to the Los Angeles County Health Department for inspection, at any frequency it requests. Contractor agrees to replace or repair to the City’s satisfaction, March 22, 2022 50 City of Gardena
any vehicle which City determines to be of unsightly appearance, leaking, or in unsatisfactory operating condition.
3) Contractor shall repaint all vehicles used in the Collection of Refuse, Source Separated Recyclable Materials and Source Separated Organic Waste at least every five years, and within thirty (30) days' notice from City, if City determines that their appearance warrants painting.
4) Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be removed from service until repaired and operating properly. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to City upon request. 5) Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date and mileage, nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed.
6) Contractor shall clean up any leaks or spills from its vehicles per the National Pollutant Discharge Elimination System (NPDES) permit in effect at the time. Contractor shall notify City of any leaks or spills reported to Contractor or observed by any employee of Contractor. Contractor shall ensure that leaks or spills are remediated within two (2) hours of notification or observation. Contractor shall notify City immediately upon remediation of leaks or spills. No pollutant that leaks, spills, or otherwise escapes from any Contractor vehicle may be washed into a storm drain or otherwise allowed to enter a storm drain at any time. Contractor must take all measures necessary to prevent the discharge of any such pollutant into a storm drain. All NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be equipped with absorbent for such cleanup efforts. Contractor shall provide photographic evidence to the City for each clean up. Payment of liquidated damages for failure to clean up leaks or spills within the required timeframe (Section 11.4.B.2.c), and/or for failure to follow the cleanup procedures (Section 11.4.B.2.d), does not excuse Contractor from the cleanup requirements contained in this Section 4.5.3.D.6.
7) Upon request, Contractor shall furnish City a written inventory of all equipment, including Collection vehicles, used in providing service. The inventory shall list all equipment by manufacturer, ID number, date of acquisition, type, and capacity.

E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess March 22, 2022 51 City of Gardena
of the manufacturer's recommendations, or limitations imposed by State or local weight restrictions on vehicles.

Contractor equipment used for Refuse, Recycling, and Organic Waste services shall be registered with the California Department of Motor Vehicles. Equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205 and other applicable noise control regulations and shall incorporate noise control features throughout the entire vehicle.

Noise levels of equipment used for Collection shall comply with City ordinance and in no event shall the noise level exceed 75 dba when measured at a distance of 25 feet from the vehicle, five feet from the ground. Contractor shall store all equipment in safe and secure locations in accordance with City's applicable zoning regulations.

Subject to Section 9.1, Contractor shall be responsible for any damage resulting from or directly attributable to any of its operations, and which it causes to: City's driving surfaces, whether or not paved; associated curbs, gutters and traffic control devices; and other public improvements.

F. City Inspection Per Code. City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of the State Vehicle Code, including, but not limited to, California Vehicle Code Sections 27000(b), 23114, 23115, 42030, 42032, and all Vehicle Code Sections regarding smog equipment requirements. City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with applicable codes. No vehicle directed to be removed from service shall be returned to service until it conforms with, and its return to service has been approved by the City.

G. Vehicle Inspections. Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and operate properly. Contractor shall repair or arrange for the repair of all its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition.

City may inspect vehicles at any reasonable time, and within three (3) calendar days of such a request, to determine compliance with sanitation requirements.

H. Correction of Defects. Following any inspection, the City Manager, or the City Manager’s designee, shall have the right to cause Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly.

The City Manager's determination may be appealed to the City Council, whose decision shall be final. City Manager’s determination may not be appealed if the vehicle reconditioning, or replacement is due to a safety finding by the CHP.

March 22, 2022 52 City of Gardena

4.5.4 Carts

4.5.4.1 Contractor-Provided Carts
A. Cart Design Requirements. The Carts shall be manufactured by injection or rotational molding and meet the Cart design and performance requirements as specified below.

All Carts selected shall be subject to City approval. The City will not permit Carts and Cart lids with inconsistent colors or in poor condition to be used in the City at any time during the term of this Agreement and may require Contractor to replace such Carts. Contractor shall ensure that all Carts in service during the terms of this Agreement comply with CalRecycle requirements under SB 1383.

B. Capacity. References to Cart sizes of 64-, or 96-gallons are approximate.

Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size:
• 64 to 70-gallons, and
• 95 to 101-gallons.

C. Cart Handles. The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable.

D. Cart Lid. Each Container shall be provided with a lid that continuously overlaps and comes in contact with the Container body or otherwise causes an interface with the Container body that simultaneously:
• Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors;
• Enables the free and complete flow of material from the Container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism;
• Permits users of the Container to conveniently and easily open and shut the lid throughout the serviceable life of the Container;
• The lid handle shall be an integrally molded part of the lid; • The lid (and body) must be of such design and weight that would prevent an empty Container from tilting backward when flipping the lid open; and, March 22, 2022 53 City of Gardena
• The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Container body.

E. Cart Colors. The Refuse, Source Separated Recycling and Source Separated Organic Waste Carts or Cart lids will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Cart and Cart lid colors shall be consistent throughout the City and shall comply with CalRecycle requirements under SB 1383.

F. Cart Labeling and Hot Stamping. Labels used on Carts shall be placed on the inside of the Cart lid, and hot stamps shall be on the top of the lid and/or on the body of the Cart. Each Cart shall be hot stamped with the material type (e.g., Refuse, Recycling, Organic Waste) in English and Spanish. Labels shall include graphic instruction on what materials should and should not be placed in each Cart. Design for both the labels and the hot stamps must be approved by City prior to ordering labels or Carts. City shall approve what information is included on the label and in the hot stamp, as well as approve design and quality. Labels shall be replaced when worn, and when information on the label is in need of updating, but no later than 90 days of request from City. Information on the Carts shall include the telephone number to call for Contractor for Bulky Item pickups and shall include a “No Scavenging” warning identifying the City’s Municipal Code violation for scavenging. Additionally, all Carts shall be labeled in accordance with CalRecycle requirements under SB 1383 throughout the term of this Agreement.

G. Cart Performance Requirements. All Carts shall be designed and manufactured to meet the minimum performance requirements described below.

H. Cart Load Capacity. Depending on the capacity, the Carts shall have a minimum load capacity as noted below without Container distortion, damage, or reduction in maneuverability or any other functions as required herein.

Cart Size (Gallons) Minimum Load Capacity
(LBS)
95-101 200
64-70 130
I. Cart Durability. Carts shall remain durable, and at a minimum, shall meet the following durability requirements to satisfy its intended use and performance, for the term of this Agreement:
• Maintain its original shape and appearance;
• Be resistant to kicks and blows;
March 22, 2022 54 City of Gardena
• Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with its intended use;
• Resist degradation from ultraviolet radiation;
• Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats); • The bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart’s intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface;
• All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and,
• Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City.

J. Chemical Resistant. Carts shall resist damage from common household or Residential products and chemicals. Carts, also, shall resist damage from human and animal urine and feces.

K. Stability and Maneuverability. The Carts shall be stable and self-balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position.

The Carts shall be capable of maintaining its upright position in sustained or gusting winds of up to 25 miles per hour as applied from any direction.

The Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface.

L. Lid Performance. Cart lid assemblies shall meet the following minimum requirements:
• Prevent damage to the Cart body, the lid itself or any component parts through repeated opening and closing of the lid by residents or in the dumping process as intended; • Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed or any position between the two extremes; and, • Lid shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Container.

March 22, 2022 55 City of Gardena

4.5.4.2 Cart Reparability or Replacement
Contractor shall be responsible for Cart repair and maintenance, and replacing lost, stolen or damaged Carts within two (2) business days of notification (excluding Saturday, Sunday and holidays listed in Section 4.5.1), and for graffiti removal within two business (2) days of notification, at no additional charge to the Customer or to City, unless Contractor can demonstrate to the City Manager beyond a reasonable doubt that the damage or loss was due exclusively the Customer’s intentional or negligent behavior. City Manager shall make the final determination. If City permits a repair or replacement charge to be assessed against a Customer, charge shall be no more than the actual cost of repair or the Contractor’s purchase price for a new Cart, whichever is lower. All repairs must restore the Cart to its full functionality.

Unsightly/worn-out Carts shall be replaced by Contractor upon Customer request at no additional cost to Customer.

All Carts in service for the duration of this Agreement shall comply with color and labeling requirements specified by CalRecycle under SB 1383.

4.5.4.3 Bins
A. Cleaning. Contractor shall provide Customers with Bins required during the term of this Agreement. The size of Contractor-provided Bins shall be determined by mutual agreement of Customer and Contractor and shall be subject to City approval. Contractor shall maintain Bins in a clean, sound condition free from putrescible residue. All Bins in use shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and well painted.

Wheels, forklift slots, and other apparatuses, which were designed for movement, loading, or unloading of the Bin shall be maintained in good repair.

Upon Customer or City request, or if required to maintain the Containers in a clean condition, Contractor shall clean Customer Bins at the rates shown in the approved rate schedule.

Contractor shall perform cleaning, repainting, or replacement of Bins as necessary to prevent a nuisance caused by odors or vector harborage. When a Bin is removed for cleaning, Contractor shall replace the Bin, either temporarily or as a change-out, with another Container. Contractor shall remove graffiti from any Container within two (2) business days (excluding Saturday, Sunday and holidays listed in Section 4.5.1) of request by City or Customer. Contractor is required to proactively look for graffiti when Collecting Bins, with all graffiti removed from Containers in no later than two (2) business days (excluding Saturday, Sunday and holidays listed in Section 4.5.1) after any Collection without notification. In the event the graffiti on the Bins does not necessitate removal or replacement, drivers shall have paint on their vehicles which is the color of the Bins to cover observed graffiti during normal Collection services.

B. Bin Identification and Color. Each Bin placed in City by Contractor shall have the name of Contractor and phone number in letters not less than three (3) inches high on the exterior of the Bin so as to be visible when the Bin is placed for use. Bins shall be labeled to include bilingual (English and Spanish) and graphic instruction on what materials should and should not be placed in each Bin. Contractor shall repaint Bins upon City’s request if the City deems it March 22, 2022 56 City of Gardena
necessary to maintain a neat appearance. All Refuse Bins shall be painted a uniform color of, and all Recycling and Organic Waste Bins shall be painted a different, uniform color.

All Bins or Lids in service for the duration of this Agreement shall comply with color and labeling requirements specified by CalRecycle under SB 1383.

4.5.4.4 Roll-off Boxes
Contractor shall provide sufficient Roll-off Boxes to meet Customer demand throughout the Term of the Agreement, and will keep all Roll-off Boxes clean, free from graffiti, equipped with reflectors, and with the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of the Roll-off Box so as to be visible when the Roll-off Box is placed for use. Contractor shall properly cover all open Roll-off Boxes during transport as required by the State Vehicle Code.

4.5.5 Litter Abatement
A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste or fluids from leaking, being spilled and/or scattered during the Collection or transportation process. If any Solid Waste or fluids leak or are spilled during Collection, Contractor shall promptly clean up all such materials. Each Collection vehicle shall carry a broom and shovel at all times for this purpose.

Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a preapproved method of Solid Waste transfer between vehicles, without prior written approval by City.

B. Covering of Loads. Contractor shall properly cover all open debris boxes during transport to the Disposal Site.

4.5.6 Personnel
A. Qualified Drivers. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, management and other personnel as may be necessary to provide the services required by this Agreement in a satisfactory, safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.

B. Hazardous Substance Employee Training. Contractor also agrees to establish and vigorously enforce an educational program which will train Contractor's employees in the identification of Hazardous Substance. Contractor's employees shall not knowingly place such Hazardous Substance in the Collection vehicles, nor knowingly dispose of such Hazardous Substances at the Processing Facility or Disposal Site.

March 22, 2022 57 City of Gardena
C. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures including, but not limited to, transfer, discipline or termination. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process.

D. Training. Contractor shall provide suitable operations, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations.

E. Unauthorized Material Removal. Contractor shall dismiss or discipline employees who remove documents or any other material from Containers, other than specifically for the purposes of Disposal and Diversion as described in this Agreement.

4.5.7 Identification Required
Contractor shall provide its employees, companies and Subcontractors with identification for all individuals who may make personal contact with residents or businesses in City. All Contractor employees shall wear clothing bearing the Contractor name and/or logo at all times while in the City and providing services under this Agreement. City may require Contractor to notify Customers yearly of the form of said identification. Contractor shall provide a list of current employees, companies, and Subcontractors to City upon request.

The City reserves the right to perform a security and identification check through the Gardena Police Department upon Contractor and all its present and future employees, in accordance with accepted procedures established by the City, or for probable cause.

4.5.8 Fees and Gratuities
Contractor shall not, nor shall it permit any agent, employee, or Subcontractors employed by it, to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for services authorized to be performed under this Agreement except as described in this Agreement, in accordance with Exhibit 2 as updated and approved by City throughout the Term of the Agreement.

4.5.9 Non-Discrimination
Contractor shall not discriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap or medical condition in violation of any applicable federal or State law.

March 22, 2022 58 City of Gardena

4.5.10 Coordination With Street Sweeping Services
Contractor shall make reasonable efforts to coordinate route schedules with the City’s street sweeping schedule. Contractor shall provide all routes and route schedules to the City and work with City to resolve conflicts with street sweeping schedules.

4.5.11 Street Sweeper Waste and Other Waste Generated by City Contractor shall, at no charge to City or ratepayers, dispose of waste and debris picked up by street sweeper vehicles operated by City or by an operator or operators contracted by City to provide street sweeping service. City shall cause such materials to be gathered at a central location for pickup by Contractor in Containers designated for this material only or may direct the vehicle operators to transport this waste and debris to a transfer station operated by Contractor.

In addition to street sweeper waste, Contractor shall collect, any type or variety of waste generated by City, provided such waste is not Hazardous Waste. Contractor shall diligently cooperate with City or City's contract street sweeping service or agency to process debris and waste collected from City streets to receive landfill diversion credits for the debris and waste.

This cooperation shall include, but not be limited to, Contractor bearing the cost of Processing or disposing of the waste and debris.

4.5.12 Change in Collection Schedule
Contractor shall notify City forty-five (45) days prior to, and Customers not later than thirty (30) days prior to, any change in Collection operations which results in a change in the day on which Solid Waste Collection occurs. Contractor will not permit any Customer to go more than seven (7) days without service in connection with a Collection schedule change. City's approval of any change in Collection is required prior to such change, and such approval will not be withheld unreasonably.

Any changes in the route map or Collection schedule shall require the prior approval of the City.

City may require reasonable changes in the route map or Collection schedule, to improve service, to resolve complaints or for other reasons. Prior to the change of a route schedule, Contractor shall provide written notice of the change to affected Customers ninety (90) days in advance.

4.5.13 Report of Accumulation of Solid Waste on Private Property Contractor shall direct its drivers to note the addresses of any private property Premises at which they observe that Solid Waste is accumulating and is not being delivered for Collection.

Contractor shall deliver the address or description to City within five (5) working days of such observation.

4.5.14 Transfer, Processing, and Disposal
Contractor shall Transport all Discarded Materials to the Approved Facility(ies) specified in Exhibit 6 and shall Transfer, Process, and Dispose of Discarded Materials in accordance with this Section and Exhibit 6. If the Approved Facilities change during the term of this Agreement, March 22, 2022 59 City of Gardena
and the Contractor does not own or operate one or more of the Approved Facilities, Contractor shall enter into a subcontract agreement with the owner or Facility operator of such Approved Facility(ies) and the requirements of this this Section and Exhibit 6 shall pertain to the Subcontractor. In addition, Subcontractor requirements or obligations related to indemnification (Article 9) and insurance requirements (Section 9.4) shall apply, as well as any other Subcontractor requirements or obligations stated in other sections of this Agreement.

The Approved Facilities shall comply with the following requirements:
a) Approved Transfer Facility. Contractor’s Approved Transfer Facility shall be a Transfer Facility or operation that Transfers Residential and Commercial Premises Source Separated Recyclable Materials and Source Separated Organic Waste, and/or Gray/Black Container Waste Collected in accordance with this Agreement. b) Approved Source Separated Recyclable Materials Processing Facility (Blue Containers).

Contractor’s Approved Recyclables Processing Facility shall be a Facility or operation that Processes Residential and Commercial Premises Source Separated Recyclable Materials to recover materials designated for Collection in the Blue Container. c) Approved Organic Waste Processing Facility (Green Containers). Contractor’s Approved Organic Waste Processing Facility shall be a Facility that Processes Residential and Commercial Premises Source Separated Organic Waste to recover Source Separated Organic Waste.
d) Approved Disposal Facility (Gray/Black Containers). Contractor’s Approved Disposal Facility shall be a Disposal Facility that accepts Residential and Commercial Premises Gray/Black Container Waste Collected in accordance with this Agreement for Disposal.

4.5.15 Processing Facility Temporary Equipment or Operational Failure Waiver a) Notification to the City. The Contractor, or their Subcontractor (such as a Facility operator), shall notify the City of any unforeseen operational restrictions that have been imposed upon the Approved Facility by a regulatory agency or any unforeseen equipment or operational failure that will temporarily prevent the Approved Facility from Processing and recovering Blue Container and/or Green Container materials. The Contractor or Subcontractor shall notify the City as soon as possible and no later than two (2) business days from the time of the incident. The notification shall include the following: (i) name of Approved Facility; (ii) the Recycling and Disposal Reporting System Number of the Approved Facility; (iii) date the Approved Facility became unable to Process Blue Container and/or Green Container materials; (iv) description of the operational restrictions that have been imposed upon the Approved Facility by a regulatory agency or unforeseen equipment failure or operational restriction that occurred; (v) the period of time the Contractor anticipates the temporary inability of the Approved Facility to Process Blue Container and/or Green Container materials; (vi) Contractor’s proposed action plan to deliver materials to an Alternative Facility for March 22, 2022 60 City of Gardena
Processing (refer to Section 6.1.H of Exhibit 6) or Contractor’s request for waiver to deliver Blue Container and/or Green Container materials to the Approved Disposal Facility.
b) Use of Alternative Facility or Waiver for Disposal of Materials. Upon notification by Contractor or Subcontractor of the Approved Facility’s inability to Process materials, City shall evaluate the notification and determine if City shall require Contractor to use an Alternative Facility or allow the Contractor to Transport the Blue Container and/or Green Container materials to the Approved Disposal Facility for Disposal on a temporary basis for a time period specified by the City. Upon City’s decision, the City shall notify the Contractor of its requirement to use an Alternative Facility for Processing or to use the Approved Disposal Facility for Disposal, and the period of time that the City will allow the Blue Container and/or Green Container materials to be redirected to the Alternative Facility or Approved Disposal Facility. Pursuant to 14 CCR Section 18984.13, the approved Disposal period shall not exceed ninety (90) days from the date the Approved Facility’s Processing restriction or failure commenced. In such case, the Contractor must receive written permission from the City prior to depositing any Discarded Material in a Landfill.
c) Record Keeping and Reporting. Contractor shall maintain a record of any Approved Facility incidents and report this information to the City in accordance with Article 8.

4.5.16 Transportation to Non-Approved Facilities Prohibited If Contractor Transports Discarded Materials to a Facility other than the Approved Facility(ies) or an Alternative Facility without prior City approval, Contractor’s failure to comply may result in assessment of liquidated damages as described in Section 11.4.

4.6 Contingency Plan
Contractor shall submit to City on or before the effective date of the Agreement, a written contingency plan demonstrating Contractor's arrangements to provide vehicles and personnel and to maintain uninterrupted service during breakdowns, and in case of natural disaster or other emergency including labor disputes and the events described in Section 11.5.

4.7 Commingling of Collection Routes
Contractor shall not commingle City Refuse Collection routes with other city or county routes.

If this is not feasible, upon approval by the City, Contractor may commingle routes, but must submit to City a detailed monthly report setting forth the breakdown of tonnage Collected from the commingled routes within thirty (30) days after the end of each month. Contractor shall have the methodology used to segregate the loads between jurisdictions approved in advance by the City.

March 22, 2022 61 City of Gardena

4.8 Route Audit
Once during the first year or at City request (but not more than once every three years), Contractor shall conduct an audit of its Collection routes in the City. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service with Customers. In setting these audit dates, City will establish due dates for Contractor providing routing and account information, and later, the report, to City.

The route audit, at minimum, shall consist of an independent physical observation by Person(s) other than the route driver of each Customer in City. This Person(s) is to be approved in advance by City. The route audit information shall include, as a minimum, the following information for each account:

For Cart Customers:
 Route number;
 Truck number;
 Number and size of Carts by waste stream (Refuse, Recycling, Organic Waste)  Cart condition;
For Bin and Roll-off Customers:
 Route number;
 Truck number;
 Account name;
 Account number;
 Account service address;
 Account type (Residential, Commercial, Roll-off);
 Service level per Contractor billing system (Quantity, Size, Frequency, Waste Stream); March 22, 2022 62 City of Gardena
 Observed Containers (Quantity, Size, Frequency, Waste Stream).  Container condition;
 Proper signage; and,
 Graffiti.

Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results of the audit. This summary shall include:
 Identification of the routes;
 Route map;
 Truck numbers;
 Number of accounts, by route and in total (Residential, Commercial and Roll-off);  Confirmation that all routes are dedicated exclusively to City Customers;  Number and type of exceptions observed;
 Total monthly service charge (Residential, Commercial and Roll-off Box), pre-audit;  Total monthly service charge (Residential, Commercial and Roll-off), post-audit (subsequent to corrections of identified exceptions); and, The report shall include a description of the procedures followed to complete the route audit.

This description shall include the names and titles of those supervising the route audits and the name and titles of those performing the observations.

The report shall also include a description of the changes and Contractor’s plans to resolve the exceptions. The results of the audit, and supporting back-up data, shall be available for review by City or its representative.

4.9 Service Exceptions; Hazardous Substance Notifications A. Failure to Collect. When Solid Waste is not Collected from any Solid Waste service recipient, Contractor shall notify its service recipient in writing, at the time Collection is not made, through the use of a “tag” or otherwise, of the reasons why the Collection was not made.

March 22, 2022 63 City of Gardena
B. Hazardous Substance Inspection and Reporting. Contractor reserves the right and has the duty under law to reject Solid Waste observed to be contaminated with Hazardous Substance and the right not to Collect Hazardous Substance put out with Solid Waste.

Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Hazardous Substance, found or observed in Solid Waste anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Substances unlawfully Disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify the City Manager or the City Manager’s designee. Contractor shall implement and maintain a training program that will assist its employees in identifying and properly disposing of any Hazardous Substance that may come into their possession.

C. Hazardous Substance Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Substance found in Solid Waste and which was inadvertently Collected from service recipients within the City but Diverted from landfilling.

4.10 Contractor/City Meetings
Contractor and City will meet monthly, or as otherwise requested by City staff for the term of this Agreement, to discuss programs, outreach efforts, and issues related to the performance of this Agreement. City reserves the right to increase or reduce the number of Contractor/City Meetings at any time during the term of this Agreement, which will be agreed to in writing.

March 22, 2022 64 City of Gardena
ARTICLE 5:

OTHER SERVICES

5.1 Services and Customer Billing

5.1.1 Service Description
Contractor shall periodically, at least 30 days prior to the effective date of a rate change, prepare and distribute, subject to the direction of City, a notice to each Owner or occupant of property entitled or mandated to receive service under this Agreement a listing of Contractor's Collection rates, annual holiday schedule, and a general summary of services required to be provided hereunder and optional service which may be furnished by Contractor. Such notice shall be in a form subject to City's approval prior to its distribution and may be included with Billings made by Contractor. Contractor shall include in each Residential Billing performed by Contractor the phone number for residents to call for Bulky Item pickups.

5.1.2 Residential Premises Cart Billing
Contractor shall arrange with Golden State Water, or through alternative mutually agreed to means, to bill each Single-Unit or Multi-Unit Residential Premises Cart Customer in accordance with the procedures currently in place. Contractor shall bill each Customer, regardless of whether it is a Commercial Premises Customer or Residential Premises Customer for extra services requested after the monthly bill was sent. If payment in full is not made within sixty (60) days of billing, Contractor may suspend service and City will take steps to prevent the nonpaying Customer from using any other waste collection service and from allowing accumulation of Solid Waste to become a public nuisance.

5.1.3 Bin, Roll-off, Commercial Cart and Temporary Services Billing Contractor shall bill for Bin, Roll-off Box, Commercial Cart and temporary services and other special charges as permitted in Exhibit 2. Contractor shall bill Bin, Roll-off Box and Commercial Cart Customers monthly, and temporary services twice per month, no sooner than the first day of service and require payment no sooner than 30 days from the start of the service period Billed for.

For Cart Customers or Customers without an account with Contractor who request temporary Roll-off Box or temporary Bin service, Contractor will accept major credit cards for payment.

Individually serviced Customers who do not use credit cards may be required by the Contractor to post a security deposit or to pay on a “Cash on Delivery” (C.O.D.) basis. Any unused portion of a security deposit will be refunded to the Customer within five business days (excluding Saturday, Sunday and holidays listed in Section 4.5.1) of the termination of service.

Customers sharing a Bin may request to be Billed separately for their share of service, based upon the number of businesses sharing the Bin, or as otherwise divided and agreed to among such Customers.

March 22, 2022 65 City of Gardena
Bills must be itemized by Container size, frequency of service, and period billed for.

5.1.4 Review of Billings
Contractor shall review its Billings to Customers under Sections 5.1.2 and 5.1.3. The purpose of the review is to determine that the amount which Contractor is Billing each Customer is correct in terms of the level of service being provided to such Customer by Contractor. Contractor shall review Customer accounts annually and submit to City a written report of that review annually on the anniversary of the Effective Day of this Agreement.

5.1.5 Collections
All amounts due and payable to Contractor from Single-Unit and Multi-Unit Residential Premises Customers with Bins and Commercial Premises Customers under this Agreement shall be solely billable by Contractor. Contractor shall retain full responsibility for prosecuting any collection actions involving all Residential Premises Customers and Commercial Premises Customers, regardless of whether Contractor originally billed the Customer, including, without limitation, referral to collection agencies or instituting legal proceedings. These legal proceedings shall encompass the right of the Contractor to levy appropriate liens against real property and the City agrees that it will cooperate in the prosecution of such defaults by real property lien and other appropriate mechanisms.

5.1.6 Resolution of Disputes Regarding Rate Adjustments Any dispute regarding the computation of a rate adjustment shall be decided by the City Manager or referred by the City Manager to the City Council. During the pendency of the rate adjustment dispute, the rate in effect is the rate claimed by the Contractor and shall be effective until the resolution of the billing dispute.

5.1.7 Suspension of Service Due to Non-Payment
Contractor shall bill each Commercial Premises Customer and any Single-Unit or Multi-Unit Residential Premises Customers using Bins and all extras, including bulky good removal and extra pickups for Single-Unit or Multi-Unit Residential Premises Customers in advance on the first day of each calendar month. City's water department or provider, currently Golden State Water, shall bill each Single-Unit or Multi-Unit Residential Premises Customers using Carts in accordance with the procedures currently in place and in use by City's water department or provider. Contractor shall bill each Customer, regardless of whether it is a Commercial Premises Customer or Residential Premises Customer for extras requested after the monthly bill was sent. If payment in full is not made within sixty (60) days of billing, Contractor may suspend service and City will take steps to prevent the non-paying Customer from using any other waste collection service and from allowing accumulation of Solid Waste to become a public nuisance.

March 22, 2022 66 City of Gardena

5.2 Customer Service

5.2.1 Local Office
Contractor shall maintain a local office within Los Angeles, California. Said office shall be open, at a minimum, from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays (“Office Hours”). A responsible and qualified bilingual (English and Spanish speaking) representative of Contractor shall be available during Office Hours for personal communication with the public at the local office. Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days. If City receives more than five (5) complaints in thirty (30) days that Customers are unable to contact Contractor by phone, City may require Contractor to increase capacity. Contractor shall have either a representative, a message machine, or an answering service available outside of Office Hours. Calls received outside of Office Hours shall be responded to on the next business day. Contractor shall provide City with a twenty-four (24) hour emergency number to a live person, not voicemail. Contractor shall provide means for the City to transfer calls received by the City directly to the Contractor’s local office. Contractor shall also provide means for Customers to e-mail Contractor with complaints and service requests, and to make payments electronically.

5.2.2 Complaint Documentation
All service complaints shall be directed to Contractor. Daily logs of complaints shall be retained for a minimum of twenty-four (24) months and shall be available to City at all times upon request.

Contractor shall log all complaints received by telephone and said log shall include the date and time the complaint was received, name, address and telephone number of callers, description of complaint, employee recording complaint and the action taken by Contractor to respond to and remedy complaint. Missed pickups shall be included in this log.

All Customer complaints and inquiries shall be date-stamped when received and shall be initially responded to within one (1) business day (excluding Saturday, Sunday and holidays listed in Section 4.5.1) of receipt. Contractor shall log action taken by Contractor to respond to and remedy the complaint.

All Customer service records and logs kept by Contractor shall be available to City upon request and at no cost to City. City shall, at any time during regular Contractor business hours, have access to Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints.

5.2.3 Resolution of Customer Complaints
Disputes between Contractor and its Customers regarding the services provided in accordance with this Agreement may be resolved by the City. The City's decision shall be final and binding.

Contractor shall reimburse the City’s legal and consultant costs for each City intervention in a March 22, 2022 67 City of Gardena
dispute between Contractor and a Customer if the City reasonably deems intervention is required and the Customer's dispute is valid.

Should Contractor and Customers not be able to establish a mutually acceptable fee to be charged for special hauling services, the matter shall also be determined by the City, and the City’s decision shall be final.

Intervention by the City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against Contractor. To the extent that remedies are warranted through this Agreement, this section shall apply.

5.2.4 SB 1383 Noncompliance Complaints
a) Documentation of Complaints
SB 1383-Noncompliance Complaints. For complaints received in which the Person alleges that an entity is in violation of SB 1383 requirements, Contractor shall document the information listed in Article 8. Contractor shall provide this information in a monthly summary report in accordance with Article 8.
b) Investigation of SB 1383 Noncompliance Complaints
Investigation. Contractor shall commence an investigation, within ninety (90) days of receiving a complaint in the following circumstances: (i) upon Contractor receipt of a complaint that an entity may not be compliant with SB 1383 and if City determines that the allegations against the entity, if true, would constitute a violation of SB 1383; and, (ii) upon City request to investigate a complaint received by City, in which City determines that the allegations against the entity, if true, would constitute a violation of SB 1383.

Contractor is required to investigate complaints against Customers and Generators, and not against Food Recovery Organizations, Food Recovery Services, and other entities regulated by SB 1383.

Contractor shall investigate the complaint using one or more of the following methods:
i. Reviewing the service level of the entity that may not be compliant with SB 1383; ii. Reviewing the waiver list to determine if the entity has a valid de minimis, or space constraint;
iii. Inspecting Premises of the entity identified by the complainant, if warranted; and/or,
iv. Contacting the entity to gather more information, if warranted.

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c) Reporting. Within ten (10) days of completing an investigation of an SB 1383- noncomplaince complaint, Contractor shall submit an investigation complaint report that documents the investigation performed and recommends to City on whether or not the entity investigated is in violation of SB 1383 based on the Contractor’s investigation. The City shall make a final determination of the allegations against the entity.

5.2.5 Review of Generator Waiver Requests
Generators may submit requests for de minimis waivers, and physical space waivers to the Contractor. Contractor shall within ten (10) business days review the Generator’s waiver application and inspect the Generator’s Premises to verify the accuracy of the application.

Contractor shall provide documentation of the inspection, including the Contractor’s recommendation to approve or deny the waiver request, and send this information to the City within fifteen (15) days of receipt of the Generator’s waiver application for the City’s review and approval. The City ultimately retains the right to approve or deny any application, regardless of the Contractor’s recommendation. Contractor shall report information regarding waivers reviewed on a monthly basis, in accordance with Section 8.3.2.

5.2.6 Route Supervisor
Contractor shall designate in writing a route supervisor that shall be assigned to the City, and who shall be responsible for working with the City to resolve Customer service-related complaints. Route supervisor shall be accessible via cell phone or radio in the field at all times.

City shall be notified in advance of any change in Route Supervisor and shall have the right of approval. City may request that Contractor change Route Supervisor.

5.3 Education and Public Awareness

5.3.1 General
Contractor acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve AB 939 requirements. Accordingly, Contractor agrees to take direction from City to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and recycle Solid Waste and to cooperate fully with City in this regard.

Contractor shall maintain its own program of providing information relevant to Billing and Solid Waste services, issues and needs with its bills. All public education materials shall be approved in advance by City.

City may request Contractor to perform mailing services and if so able, provide not less than thirty (30) days’ notice to Contractor prior to the mailing date of any proposed mailing to permit Contractor to make appropriate arrangements for inclusion of City's materials. City will provide Contractor the mailers at least fifteen (15) days prior to the mailing date. City shall normally bear the expense of reproduction and distribution of such additional information only to the extent it is clearly in excess of Contractor's normal Billing costs. Notwithstanding, Contractor March 22, 2022 69 City of Gardena
shall bear all costs incurred for copying and mailing of Proposition 218 notices per Section 6.4.1.1 of this Agreement.

5.3.2 Non-English Language Requirements
The Contractor shall make all public education and outreach materials required by this Section available in English and Spanish.

Upon City request, Contractor shall provide materials in additional languages beyond those specified in this Section in response to shifting demographics within the City; updates to State requirements or Applicable Law; or any other reason deemed appropriate by the City.

The Contractor may allow Customers to request mailings electronically in lieu of hardcopies.

Contractor shall be required to provide an annual report to the City of Customers that have requested to receive mailings electronically. Customers will be provided the option to request electronic mailings annually.

5.3.3 Ongoing Education Requirements
This educational program shall have a budget equal to one percent (1%) of the gross revenue of Contractor and Affiliated Companies from all operations in Gardena. Contractor will provide a minimum of the following public education items to be developed at Contractor’s expense and distributed as indicated below:
• Initial Mailing – Contractor will prepare and mail an initial mailing to Customers explaining the transition from existing programs to new programs. The mailing will describe program changes, route changes, dates of program implementation, and other necessary information.
• Workshops & Meetings – Contractor shall, at its sole expense, participate in and/or plan, organize, and conduct direct Generator outreach, including, but not limited to: workshops, community events, and meetings to support Generator compliance with the Source Separated Recyclable Materials and Source Separated Organic Waste separation and program participation requirements under this Agreement and other local and State regulations, including, but not limited to, AB 341, AB 1826, and SB 1383.

Contractor shall host at least four (4) technical assistance workshops per calendar year for Residential Premises Customers, and four (4) technical assistance workshops per calendar year for Commercial Premises Customers. The workshops shall be open to all Customers in the City, and the Contractor shall publish the time and location of the workshop no later than thirty (30) days prior to the workshop through publication on the Contractor’s website, email newsletter, printed flyers delivered on hauler routes, etc. The structure and content of these workshops shall be designed by the Contractor and submitted at least thirty (30) days prior to the date of the workshop for City approval. Workshops shall be focused on the regulatory requirements of SB 1383, AB 1826, and any local program or service changes as a result of the regulations.

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• Instructional Packet Accompanying Contractor-Provided Containers – An information packet shall be attached to each set of Carts distributed to a Customer. Packet should describe available services, including how to place Carts for Collection, which materials should be placed in each Cart, Collection holidays, and a Customer service phone number. • Cart Instruction Markings – Contractor will place stickers on, or hot stamp, Source Separated Recyclable Materials, Source Separated Organic Waste, and Refuse Carts to demonstrate to Customers which materials are and are not acceptable for placement in each Cart. Stickers shall be replaced when materials change or as labels become worn. Markings shall be written in both English and Spanish. Additionally, all Carts shall be labeled in accordance with CalRecycle requirements under SB 1383 throughout the term of this Agreement.
• How-To Brochure – Contractor will prepare and distribute a brochure packet to new Customers when they start service. Packet will contain updated information on how to use the Contractor-provided Containers, when, where and how to place Solid Waste for Collection, and who to contact with service or Billing questions.
• Semi-Annual Newsletter – Not less than twice per year during each Contract Year, Contractor shall be responsible for all costs incurred for the production and mailing of the semiannual newsletter. The Contractor shall be required to coordinate distribution via U.S. Mail of the Semi-Annual Newsletter with a local mailing house, including furnishing Single-Unit and Multi-Unit Residential Premises Cart and Bin Customer mailing addresses. • Corrective Action Notice – For use in instances where the Customer sets out inappropriate materials.
• Contractor Representative - Contractor shall provide a representative able to visit civic groups, school assemblies, and homeowners’ associations, to promote and explain the Recycling programs, and participate in demonstrations, and civic events. • Web Site Page – Contractor shall dedicate one page of a Contractor web site to City services, including, at a minimum, listing contact names and numbers for Customer Service and information on Bulky Item Collection. The Contractor shall assist the City in establishing a link to this web page from the City’s web site.
• Annual Notice of SB 1383 Requirements – Not less than once per year during each Contract Year, Contractor shall prepare and distribute to each Generator in the City a mailing that includes information specified in SB 1383 (14 CCR Section 18985.1(a). Such mailer shall be distributed by Contractor to all Residential and Commercial mailing addresses including individual Multi-Unit Residential Premises.
• Business Recycling Brochure – Contractor will prepare and distribute a business Recycling brochure to outline the requirements and proper use of Commercial Recycling and Organics Containers, and information on Refuse, Recycling, and Organics Bin cleaning and March 22, 2022 71 City of Gardena
replacement options as described in Section 4.5.4.3. The brochures shall be distributed upon new Service initiation, and annually to all businesses.

All brochures, mailings, and other educational materials are to be approved by the City in advance of distribution, and shall bear the City seal, unless otherwise approved by the City.

5.3.4 Community Events
At the direction of City, Contractor shall participate in and promote Recycling and other Diversion techniques at a minimum of four (4) community events per year. Such participation would normally include providing, without cost, Collection and educational and publicity information promoting the goals of City's Solid Waste program. The City reserves the right to modify the required events and Contractor’s participation requirements.

Contractor shall assist City in promoting the County-wide Hazardous Substance program presently managed by the Los Angeles County Department of Public Works (LADPW).

5.3.5 News Media Relations
Contractor shall notify the City by email or telephone of all requests for news media interviews related to Collection Services hereunder within twenty-four (24) hours of Contractor’s receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or Customer perception of services, Contractor will discuss Contractor’s proposed response with the City.

A. Copies of draft news releases or proposed trade journal articles shall be submitted to City for prior review and approval at least five (5) working days in advance of release, except where Contractor is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case Contractor shall submit such materials to City simultaneously with Contractor’s submittal to such regulatory agency.

B. Copies of articles resulting from media interviews or news releases shall be provided to the City within five (5) days after publication.

5.4 Waste Generation/Characterization Studies
Contractor acknowledges that City must perform Solid Waste generation and Disposal characterization studies periodically to comply with AB 939 requirements. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed, to determine weights and volumes of Solid Waste and characterize Solid Waste generated, disposed, transformed, Diverted or otherwise handled/processed to satisfy AB 939 requirements.

March 22, 2022 72 City of Gardena

5.5 Contamination Monitoring

5.5.1 Contamination Inspection Methods
Contractor shall implement an inspection method in compliance with the requirements of SB 1383 (14 CCR Section 18984.5), as described below.

Physical Container Inspections. When Contractor’s personnel dismounts from Collection vehicles to empty a Container, such personnel shall lift the Container lid and observe the contents. Upon finding Contaminants in a Container, Contractor shall follow the contamination noticing procedures set forth in Sections 5.5.1.1.C and 5.5.1.1.D.

5.5.1.1 Actions upon Identification of Prohibited Container Contaminants A. Record Keeping. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of Container (Blue, Green, or Gray/Black Container); and maintain photographic evidence, if required. Contractor shall submit this record to the Contractor’s Customer service department, and Contractor’s Customer service department shall update the Customer’s account record to note the event, if the documentation of the on-board computer system did not automatically update the Customer’s account record.

B. Identification of Excluded Waste. If Contractor’s personnel observe Excluded Waste in an uncollected Container, the Contractor’s personnel shall record that observation in accordance with Section 5.5.1.3.A and immediately inform their route supervisor. Contractor shall follow protocols specified in Section 5.5.1.1.C. The route supervisor shall investigate and initiate applicable action within one (1) Business Day or sooner if the Excluded Waste may cause immediate danger.

C. Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, Contractor shall provide the Customer a courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Customer’s requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in the Blue Container, Green Container, and Gray/ Black Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials on this occasion with information that following three (3) consecutive instances of contaminated materials; Contractor may assess contamination fees; and, (v) shall include photographic evidence. Contractor shall leave the courtesy pick-up notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or, subject to City’s approval, may deliver the notice by mail, e-mail, or text message.

March 22, 2022 73 City of Gardena
Contractor shall Collect the contaminated Source Separated Blue Container Recyclable Materials or Source Separated Green Container Organic Waste and Transport the material to the appropriate Approved Facility for Processing; or, Contractor may Collect the contaminated materials with Gray or Black Container Waste and Transport the contaminated materials to the appropriate Approved Facility for Disposal/ Processing.

D. Notice of Assessment of Contamination Fees. If the Contractor observes Prohibited Container Contaminants in a Generator’s Green Container or Blue Container on more than three (3) consecutive occasions and issued courtesy pick-up notices on each of those occasions, the Contractor may impose the contamination fee in the approved rate schedule. Contractor shall notify the City in its monthly report of Customers for which contamination fees were assessed.

Contractor shall leave a contamination fee notice attached to or adhered to the Generators’ contaminated Containers, at the Premises’ door or gate, or, subject to City’s approval, may deliver the notice by mail, e-mail or text message. The contamination fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination fee on its next bill. The format of the contamination fee notice shall be approved by the City.

Contractor shall Collect the contaminated Source Separated Blue Container Recyclable Materials or Source Separated Green Container Organic Waste and Transport the material to the appropriate Approved Facility for Processing.

E. Communications with Customer. Whenever a Container is not Collected because of Prohibited Container Contaminants, a Customer service representative shall contact the Customer to discuss and encourage the Customer to adopt proper Discarded Materials preparation and separation procedures.

F. Disposal of Contaminated Materials. If the Contractor observes visible Prohibited Container Contaminants in a Generator’s Containers, Contractor may Dispose of the Container’s contents provided Contractor complies with the noticing requirements in Sections 5.5.1.1.C and

5.5.1.D above.

5.5.1.2 On-Going Contamination Monitoring by Route Personnel Contractor shall assist on an ongoing basis in minimizing contamination by helping to educate Customers on acceptable and non-acceptable materials through ongoing education and outreach efforts and through on-going monitoring of the contents of Collection Containers. The ongoing Container monitoring shall be performed by Contractor using the method described in Section 5.5.1.

5.5.1.3 Prescribed Contamination Monitoring
A. Methodology and Frequency. Commencing on January 1, 2022, the Contractor shall, at its sole expense, conduct hauler route reviews for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the Contractor; is approved by the City; and is March 22, 2022 74 City of Gardena
conducted in a manner that results in all hauler routes being reviewed annually or more frequently.

The Contractor shall conduct hauler route reviews that include inspection of the contents of Blue, Green, and Gray/Black Containers for Prohibited Container Contaminants in a manner that a minimum of ten percent (10%) of Containers on each and every hauler route are randomly inspected annually.

Contractor shall develop a hauler route review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984.5(b). Contractor shall submit its proposed hauler route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each hauler route’s annual review. Contractor’s proposed hauler route review methodology shall include not only its plan for Container inspections and shall also include its plan for prioritizing the inspection of Customers that are more likely to be out of compliance. City and/or CalRecycle will review and approve the proposed methodology. Contractor may commence with the proposed methodology upon approval.

If the City and/or CalRecycle notifies the Contractor that the methodology is inadequate to meet the requirements of 14 CCR Section 18984.5(b), Contractor shall, at its sole expense, revise the methodology and, after obtaining City or CalRecycle approval, conduct additional hauler route reviews, increased Container inspections, or implement other changes using the revised procedure. If the Contractor’s proposed methodology meets the requirements of 14 CCR Section 18984.5(b), but has been deemed inadequate by the City, the Contractor shall, at the expense of the City, revise the methodology and implement the necessary changes using the revised procedure.

The City may request, and Contractor shall accept, modifications to the schedule to permit observation of the hauler route reviews by the City. In addition, Contractor shall provide an email notice to the City no less than ten (10) business days prior to each scheduled hauler route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s).

B. Noticing of Generators with Contamination, and Disposal of Materials. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures and contaminated Container handling protocols set forth in Section

5.5.1.1.C.

C. Monthly Reporting Requirements. Contractor shall maintain records and report to the City monthly on contamination monitoring activities and actions taken, in accordance with Article 8.

March 22, 2022 75 City of Gardena

5.5.1.4 Section Reserved

5.5.1.5 Noticing of Generators with Contamination, and Disposal of Materials Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures and contaminated Container handling protocols set forth in Section 5.5.1.1.C.

5.5.1.6 Monthly Reporting Requirements
In accordance with Article 8, Contractor shall maintain records and report to the City on a monthly basis on contamination monitoring activities and actions taken.

5.6 Inspection and Enforcement
A. Annual Compliance Reviews

1. General. Contractor shall perform compliance reviews described in this Section commencing January 1, 2022, and at least annually thereafter, unless otherwise noted.

2. Commercial Generator Compliance Reviews. The Contractor shall complete a compliance review of all Multi-Unit Residential Premises and Commercial Customers that generate two (2) cubic yards or more per week of Solid Waste, including Organic Waste to determine their compliance with: (i) Generator requirements under the City’s Collection program; and, (ii) if applicable for the Generator, Self-Hauling requirements per 14 CCR Section 18988.3, including whether a Commercial Business is complying through Back-Hauling of Source Separated Recyclable Materials, Source Separated Blue Container Organic Waste, Source Separated Green Container Organic Waste, and Source Separated Organic Waste. The compliance review shall mean a “desk” review of records to determine Customers’ compliance with the above requirements and does not necessarily require on-site observation of service; however, the City may request that the Contractor perform an on-site observation of service in addition to or in lieu of the desk review if needed to obtain the required information.

3. Food Recovery Compliance Reviews. Commencing January 1, 2022 and at least annually thereafter, Contractor shall conduct inspections of Tier One Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess compliance with the requirements of 14 CCR Chapter 12 Article

10. Commencing January 1, 2024 and at least annually thereafter, Contractor shall expand its Food Recovery compliance reviews to include inspections of Tier Two Commercial Edible Food Generators.

March 22, 2022 76 City of Gardena

4. Generator Waiver Inspections. Contractor shall verify Commercial and MultiUnit Generator de minimis and physical space constraint waivers, if applicable, at least once every five (5) years from the date of issuance of the waiver.

5. Compliance Review Process.
a. Number of Reviews. The Contractor shall conduct a sufficient number of compliance reviews, hauler route reviews, and inspections of entities described in this Section, to adequately determine the entities’ overall compliance with SB 1383, AB 1826, and AB 341. The City reserves the right to require additional inspections, if the City determines that the number of inspections conducted by the Contractor is insufficient. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance. b. Non-Compliant Entities. From January 1, 2022 through December 31, 2022, when compliance reviews are performed by Contractor pursuant to Section 5.6.A, Contractor shall provide educational materials in response to violations.

Contractor shall provide these educational materials to the non-compliant Customers and Generators within five (5) working days of determination of noncompliance or immediately upon determination of non-compliance if such noncompliance is determined during an inspection or hauler route review. Contractor shall document the non-compliant Customers and Generators and the date and type of education materials provided and report such information to the City in accordance with Article 8. Beginning January 1, 2024, the Contractor shall document non-compliant Customers and Generators determined through Contractor’s compliance reviews pursuant to Section 5.6.A and shall report all Customers and Generators with SB 1383 violations to the City in accordance with Article 8. The City shall be responsible for subsequent enforcement action against the Generator.
c. Documentation of Inspection Actions. The Contractor shall generate a written and/or electronic record and maintain documentation for each inspection, hauler route review, and compliance review conducted, including the information described in Article 8.

Gardena City CouncilMarch 22, 2022

Gardena City Council
March 22, 2022