Exhibit C
EXHIBIT C
Conditions of Approval
Raven SR (Planning Application No. PLN21-282)
NOTICE TO APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
This project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies; those determined through plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community; and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Approval shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and/or the proposed development.
Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.
Approval of this project may become null and void in the event that the site is not completed in accordance with all the conditions and requirements imposed on Planning Application No.
PLN21-282 (including design review and conditional use permits, the zoning ordinance, and all City standards and specifications. This project is granted, and the conditions imposed, based upon the application submittal provided by the applicant, including any operational statement. The application is material to the issuance of the project. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the project and in any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the project review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this Planning Application PLN21-282 (including conditional use and design review permits) or subsequent amendments or revisions. These conditions are conditions imposed solely upon the project as delineated herein and are not conditions imposed on the City or any third party. Likewise, imposition of conditions to ensure compliance with federal, state, or local laws and regulations does not preclude any other type of compliance enforcement.
Exhibit C
Project-Specific Conditions of Approval:
1. CUP: The Conditional Use Permit for the operations of the Raven Bioenergy Facility includes the following major components:
a. First and second stage reformers.
b. Hydrogen purifiers.
c. Compressors and ancillary materials storage.
d. Landfill gas conditioning.
2. Location: The Raven SR Facility is co -located on the site of the West Contra Costa Sanitary Landfill (WCCSL), which has separate conditions for use and permits. Some components of the WCCSL operation such as the scales may be utilized by the per mittee. The WCCSL’s regulatory requirements shall at all times supersede the permittee regulatory requirements to the extent that they may conflict.
3. General Requirements: The project shall be in substantial compliance with the drawings submitted to the Ci ty of Richmond Planning Division (RPD) and included as drawings in the mitigated negative declaration. The Use Permit and Design Review Applications approved by this Conditional Use Permit (CUP) and subject to these C onditions of Approval shall consist of the following schematic plans and studies included in the permittee's Use Permit and Design Review Appl ications dated June 8, 2021 and September 29, 2022 respectivel y; and the revised Design Review Application and plans therein s ubmitted September 29, 2022 and revised Landscaping Plan submitted October 25, 2022.
4. MMRP: The project shall comply with the adopted Mitigation Mon itoring and Reporting Program.
5. Regulatory A gency Approvals: Subsequent to the approval of this CUP, the permittee shall obtain approva ls from the regulatory agencies having permitting jurisdiction over the project, and obtain approvals or authorizations as necessary for constructing, serving, and operating the facility. The permittee shall notify th e RPD if pro posed or adopted conditions or requirements do not appear to be consistent with this CUP or the IS/MND. The regulatory agency appr ovals include, but are not limited to the following:
a. Prior to Construction: (a) General National Pollution Dischar ge Elimination System (NPDES) Construct ion Activities Storm Water Permit from the San Francisco Regional Water Quality Control Board (SFRWQCB). (b) Authority to Construct from the Bay Area Air Quality Management District (BAAQMD).
b. Prior to Operation: (a) G eneral NPDES Industrial Activities Stor m Water Permit (SFRWQCB). (b) Once grace period from Authority to Construct is complete, Permit to Operate from the BAAQMD. (c) Solid Waste Facility Permit (SWFP) fr om the Local Enforcement Exhibit C
Agency. (d) Wastewater Disc harge Permit from West County Wastewater District.
6. Building Permits: Prior to issuance of the building permit for this project, the permittee shall prepare a building permit submittal that includes the final landscaping and irr igation plan, identifying quantities, sp ecies, sizes and locations of plantings, and locations, types, sizes, and quantities of irrigation fixtures. The final landscaping and irrigation pl an shall be consistent with the requirements of the Water Efficient Landscaping Ordinance (Article 15.04.613 of the City Municipal Code) and include native and drought -tolerant plants where appropriate. Permittee shall install the plants within one (1) year of project approval.
7. Irrigation System: The applicant will make best efforts to use a drip irrigation system on all plantings shown in the Landscape Plans.
8. Additional Landscaping: The area beneath the trees in the Landscape Plan will be mulched with 2-inch redwood bark or other mulch.
9. Fire Hydrants: Prior to issuance of the building permit, the permittee shall submit a plan for locat ion of fire hydrants that is in compliance with City of Richmond Fire Department regulations and policies.
10. Interpretive Panel: Prior to issuance of a certificate of occupancy, a 2’ x 3’ interpretive panel about t he bioenergy fac ility shall be created and installed in a National Park Service low profile frame consistent with the design of Bay Trail interpretive panels insta lled elsewhere along the Landfill Loop Trail , replacing the existing interpretive panel. The design shall be d eveloped in collaboration with T RAC, and the panel location shall be subject to approval by Republic Services and Richmond Planni ng Division (RPD).
11. Maintenance Documents: Permittee shall use its best efforts to ensure that the planning components maintained by Republic that are af fected by the installation of this facility are updated no later than six months after operations commence. This condition is not intended to require Republic to update its SWFP, Air Permit, CUP or any other permi t bu t simply to make updates to relevant ancillar y site operating procedure documents.
These planning documents include: Traffic Control Plan, Eme rgency Response P lan, Fire Protection Comp onent, and Storm Water Pollution Prevention Plan (SWPPP).
12. Design Review: All Design Review conditions of approval sh all be printed on the informational page of the final construction plans submitted for building p ermits, along with annotations by the applicant of where th e conditions have been met on the drawings. All conditions of appr oval shall be on all grading and c onstruction plans, which shall be kept on the Exhibit C
project site at all times. It is the responsibility of the buildi ng developer to ensure that the project contr actor and construction crew is aware of and adheres to all conditions of approval.
13. Compliance to Co nditions: These Conditions of Approval refer to the development, including all construction and i mprovements ac tivities, and the operation, including all management and maintenance activities, of the Facility. R egardless o f the party(ies) who perform these activities, the owner of the Facility, herein referred to as “permittee”, shall be responsible for complying w ith all conditions. If the permittee engages vendor(s) or operator(s) to perform any of these ac tivities, the c ontract with each vendor or operat or shall include language requiring adherence to all conditions.
14. Administration and Enforcement of Conditions : The Richmond Pl anning Commission (Commission ) is responsible for the administration and enforcement of these C onditions of Approval. Unles s otherwise provided for, the Richmond Planning Division’s Director of Community Development or designe e (RPD) shall adm inister and enforce these Conditions of Approval for the Commission.
15. Assignment of Responsibilit y: The Comm ission may assign the responsibility of administering specific Conditions of Approval or provisions of this CUP to the City Manager or his designee. a. The Commission may suspend the implementation of conditions or provisions of this CUP where such conditions or provisions are inconsistent with the terms of a contract or agreement entered into between the City and other units of government, or by the ter ms of a joint powers agreement where the C ity is a member of the joint powers agency.
b. If no cont ract or agreem ent is in force, as refer red to in the above condition, the City retains authority to implement this CUP and all of its Conditions.
16. Permit to Run With The Land: The CUP for the Facili ty shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application provided all provisions of the ordinanc e, the Zoning Ordinance, and all conditions placed on approval of the CUP are continually met; however, the c urrent owner is responsible for notifying t he RPD of any change in ownership. A change of ownership shall be interpreted to mean the acquisition of 5 percent or more of the value of the Facility covered by this CUP.
17. Compliance Objective : The permittee shall a t all times co mply with all applicable local, state, and federal laws and regulations.
18. Conditional Use Permit (CUP). Extent as provided for in this condition and Exhibit C
the following condition, the permit tee shall at all t imes comply with the provisions and requirements of this CUP. The permittee sha ll comply with all correction and compliance orders issued by the City which relate to this CUP. A viola tion of any of t hese conditions or orders is cause for revocation of the CUP.
19. Solid Waste Facility Permit : Permittee shall secure and maintain a SWFP from th e Contra Costa County Local Enforcement Agency (LEA) at the appropriate tier for the project with CalRecycle co ncurrence, if and as required The Contra C osta Health Services, Environmental Health Division Cu rrently acts as th e Local Enforcement Agenc y (LEA ) for CalRecycle regarding solid waste enforcement issues. The permittee shall comply with all provisions and requirements of the SWFP. This CUP is not intended to sup ersede the existing landfill Solid Waste Facility Pe rmit operating requirements, nor shal l it conflict with said permit operating requirements.
a. Permittee shall maintain the Report of F acility Information (RFI) in accordance with the requir ements of 14 C al. Code Regs (CCR) section 182221.5 – Facility Plan, or relevant code section, should the SWFP be revised in the future to a different solid waste permit tier.
20. Closure/Post Closure Maintenance Plan: The Permittee’s operations shall be consi stent with , and shall not conflict with, the Closure/P ost Closure Maintenance Plan required by CalRecyc le, the SFRWQCB, and the LEA for the existing WCCSL.
21. Bay Area Air Quality Management District : The permittee shall at all times comply with the provisions and requirements of the Authority to Construct and Permit to Op erate entitlements issued by the Bay Area Air Quality Management District (BAAQMD).
22. Title: Title 14 and Title 27 of the California Code of Regulati ons (14 CCR and 27 CCR). The permittee shall at all times comply with the provisions and require ments of 14 CCR, Natural Resources, Divisio n 7, c urrent regulations of CalRecycle pertaining to nonhazardous waste management in California; and, T itle 27, Envi ronmental Protection, Division 2, Soli d Waste, current regulations of CalRecycle and the State W ater Resources Control Board pertaining to waste disposal on land.
23. Other Regulatory Approvals: Subsequent to the approval of this CUP, the permittee shall obtain approvals from the agencies, utilit ies, and parties having jurisdiction or control over the on-site and o ff-site improvements authorized by this CUP or by agencies having regulatory jurisdiction over the project. The permittee shall at all times comply wit h the regulations and requirements of these permits and approvals, as determined by the issuing agency, and shall notify the RPD if proposed or adopted conditions Exhibit C
or requirements do not appear to be consistent with this CUP or the IS/MND.
24. Notice Coordination: Permittee shall transmit to th e RPD, within 10 to 15 business days of origination or receipt by the permittee and allow for email of electronic files: (1) copies of all permits and approvals from regulatory agencies; (2) copies of all monthly, quar terly, and annual reports to other agencies concerning the design, operation, and maintenance of the Permittee, including air emissions reports; (3) all reports concerning any emergency incidents associated with Permittee or hauler operation; and (4) any other reports or documents requested by the RPD.
25. Use Permit Expiration: The project aut horized pursuant to t his CUP must be fully operational, meaning that it has begun the ramp- up period, within 2 years from the date of final approval or the final approval o f the facility's Solid Waste Facilities Permit, whichever is later. If not fully ope rational within 2 years fro m the date of final approval, t he permit shall be deemed expired, and all rights granted pursuant to the permit may be revoked .
Permittee may request from the RPD one or more year extensions of the validity period per Section 15.04.803.110 of the City’s Municipal Code.
26. Operative Date: This CUP is valid upon the approval of the sam e by the City Council.
27. Design Review Expiration: Design Review approval shall expire two years from the date of the approval of the sam e by the City Council , unless made permanent by the issuance of buil ding permits and the commencement of constructi on. If the use(s) or structure(s) approved by this action is not established within such period of time, this approval shall be terminated and shall, thereafter, be null and void, unless the permittee or owner applies for an extension of time prior to exp iration of the Design Review approval.
28. Permit Rev iew: The RPD shall report after Raven SR’s f irst full y ear of operations and then once every five years to the Commission thereafter, or on such frequency as the Comm ission may require, on compliance with the Conditions of Approval of this CUP beginning one year after the commencement of operations of the faci lity. If the Commission finds that the permittee has not complied, it may take s uch corrective action as is required to remedy the situation. If the corrective action requires a modification to this CU P, such request for action shall be sent to the Commission for review and a public hearing on the matter . As a result of the review and public hearing, the Comm ission may recommend to the Council the a ppropriate corrective action. Nothi ng in this conditi on shall preclude the permittee from applyin g for amend ments to the CUP at any time or preclude the City from addressing em ergency situat ions or new requirements imposed by state legislation or the courts. Notwithstanding, Exhibit C
an application for modification o f the CUP or a new CUP for the property submitted by the Facility shall comply with the procedural requirement s of the Municipal Code for amending or approving the same.
29. Delegation of Authority : In an y instance where these conditions provide that the Commission will decide or act upon a matter, and the Commission has not assigned the responsibility to another unit of City government pursuant to Condition 15 and it s subse ction, the Commission may delegate the initial decision making or action with respect t o that matter to the City Manager or his des ignee, provided that there shall be a right of appeal for the designee, to the Commission for any decision made by the Commission.
30. Interpretation of Condit ions: The RPD is authorized to interpret these conditions in the event tha t any clarification is needed. Any interpretation of the permit by the RPD may be appealed per RMC 15.04.803.140 to the Commission by the permittee.
31. Emergency Operation: In the event of an emergency sit uation not officially declared by a nother agency, such as a road closure or on -site problem, the RPD may allow the permittee to alter the provisions of these conditions for operation. This authoriz ation shall be limited in ex tent and time to that needed for correction of the situation.
a. Fires, other emergencies, or serious problems re lating to public health and safety or nuis ance condition shall be reported to applicable agencies in alignment with th e requirements in operating permits. City shall be copied o n such reports as are required in these permits.
b. In the event that materials ar e diverted from the site, the facility shall divert material from the site in accordance with its operating permits.
32. Availability of and Access t o Records: The permittee sh all make copies of all reports which must be submitted to regulatory agencies available to the public at the facility site during normal business hours by appoint ment except in an emergency. The permit tee shall allow access to th e facility site and to all operation records by the RPD and any government a gency responsible for monitoring t he facility o r Its operation. This access shall not require prior notification.
33. Monitoring and Inspection : All monito ring r eports, results of reg ulatory inspections and a s ummary of daily inspection reports shal l be made available to the City upo n request . Any ind ication of an emergency or other serious problem relating to public he alth and safet y shall be immediately reported to the appropriate em ergency r esponse agencies.
Upon City request, City and permittee s hall meet and confer regarding the content of reports received.
Exhibit C
34. Compliance with Conditions of Approval : The permittee shal l reimburse the City for th e cost of monitori ng compliance with the CUP Conditions of Approval. The City may designate a staff person or consultant to do the monitoring. The per mittee shall provide such information as the City may require reviewing plans and installatio ns under the purview of t he Cit y.
Such initial compli ance report demonstrating evidence of compliance with this permit shall be due from permittee one year after o perations commence, and thereafter every five years in accordance with Condition
28. 35. Internship Program: The permittee shal l undertake an interns hip program meeting the cri teria of permittee’s proposal letter to the City d ated November 18, 2022.
36. Eligible and Ineligible Feedstock : The permittee may accept Organic Waste consisting of pre-processed blended organic material including, but not limited to, lands caping and pruning waste, food waste, and other materials typically allowed in municipal organics col lection programs, delivered from the onsite composting facility referred to as the WCCSL Organic Materials Processing Facility (OMPF). The Eligibl e Feedstock shall not inclu de any material that is not permitted f or acceptance at the OMPF. The OMPF has a loadchecking program in place to screen for and remove prohibited materials including material that is not acceptable under its permits. After scree ning and loadchecking at the OMPF, the organic material is pre- processed by grinding. The pre- processed organi c feedstock will be delivered to the permittee’s facility by WCCSL personnel and vehicles. This material, as received by permittee, may include so me level of “Incompatible Material” (as that term is defined by Section 17402 of the California Code of Regulations Title 14, Division 7), that was not removed through the pre- processing ac tivities at th e OMPF. Permittee shall be prohibited from adding any additional Incompatible Material to the pre-processed organic fee dstock as r eceived. In addition, if there i s verifiable evidence that additional Incompatible Materials have been added to material recei ved, beyond that inherent in th e feedstock, permittee shall re ject such load s. Permittee shall be prohibited from intentionally accepting industrial or medical waste in the eligible feedstock.
Permittee shall secure and maintain a SWFP from t he Contra Cost a County Local Enforcemen t Agency (LEA) at the approp riate tie r for the project. If not otherwise required, Permittee s hall conduc t waste sorts at least once annually and otherwise in conformance with the requirements of the SWFP for the facility and shall report the results of such waste sorts to the City.
a. All lo ads of organic waste accepted shall originate from the OM PF and shal l be transferred directl y from s uch facility to Raven SR after having already been processed by screening, loadc hecking and grinding. After acceptance at Raven SR, all material sh all be fed across the i nitial stage of the system which includes a screen Exhibit C
to remove any oversized mat erial (o vers) and a magnetic separator to remove any unexpected metal prior to being loaded into the hydrogen conversion system equipment.
37. Eligible Loads: The permittee shall pr epare and implement a program for checking loads at the Facility (Loadchecking Program). The load inspection program shall include inspection for smoldering loads, hazardous and ot her ineligible wastes, and the procedures for their handling and disposal. T he Loadchecking Program shall be developed and impleme nted in compliance with Title 14, Code of California Regulations (CCR), Section 17409.5 and included with the approved SWFP fo r the facility. The progr am may be updated as needed in accordance with the LEA-approved Report of Facility Information (RFI).
38. Scales: The permittee or designee shall utilize the scales at the WCCSL to weigh incoming and outgoing vehicles. A weighing program, approved by the RPD and Director of Weights and Measures, shall be impl emented to monitor material tonnage and origin.
39. Vehicle Operations: Operations of eligible vehicles on-site shall be allowed 24 hours per day, seven days per week.
40. Facility Hours: The Facility shall rema in open for business seven days a week, excepting facility holidays and planned maintenance.
41. Processing Activity Hours of Operation: For the purposes of this condition, "processing activity" shall include, but not be limited to, t he loading and unloading of material, processing of material and any other manipulation of materials. Processing activi ties at the facility may be conducted 24 hours a day, but if at any time operations exceed the noise limits in Condition 42, operator shall be limited to the foll owing schedule: 5:00 a.m. to midnight, 7 days/week.
a. The RPD may administratively shorten or extend the hours of operation presc ribed above. This action shall be taken only after consultation with the permittee and the LEA. To sh orten the hours of operation, the Director shall find that the changes are needed to mitigate substantial noise, traffi c, or simil ar impacts arising from the operation of the facility which were not known when this CUP was adopted. To extend the hours of o peration, the Director shall find that the longer hour s will no t cause t raffic, noise, glare, or similar impacts of facility operations to substantially increase in the vicinity.
42. Operating Noise Limits : Operator shall not cause operating noi se measured at the Republic property boundary to exceed 70 dB at any time in accordance with Richmond Municipal Code 9.52.100. If noise measured at that location exceeds 70 dB, operator shall immediately limit operations Exhibit C
to the time period specified in Con dition 41 unti l which time operator has made corrective actions and the RPD h as approv ed extending hours of operation.
43. Noise Abatemen t Program: The permittee shall manage the Fa cility in a manner that minimizes impacts to sensitive receptors in the area. If noise complaints are received by the permittee and/or the City, noise abat ement measures may be required by the RPD. These measures may take the form of a noise monitoring program to determine whether the facility meets the acceptable exterior noise lev el standards established in the Richmon d General Plan 2030 as it may be amended from t ime to time; and also is inclusive of the limit ations to facility noise in Conditio n 41. The location of noise monitoring devices, if required, shall be determined by the RPD. If operation activities cause the monitored noise levels at the property line of the selected receptor locations to exceed the D NL standards as set forth in the General Plan, the permittee shall institute noise reduction measures to bring the level within acceptable levels.
44. Facility Vehicles a nd Equipment: The permi ttee shal l provide Facility vehicles and equipment with the best a vailable noise suppressing equipment to mini mize sound generation during construction and operation.
45. Noise Exemption Request: The permittee may request in writi ng, and the RPD may grant, ex emptions to Condit ions 41, 42, and 43 for specific times for cause.
46. Operations Information: The pe rmittee shall post a sign at the Facility entrance which identifies the F acility to the p ublic and prohibits public access.
47. Maximum D aily Quantities : The F acility m ay recei ve a daily maximum quantity of Organic Waste of 99.9 tons per day.
48. Maximum Storag e Capacity : The Facility may have on- site at any given time the following maximum quantities of materials:
a. Organic Waste: 200 tons of unprocessed Organic Waste in storage. b. Pressurized Hydro gen Biproduct: Permittee shall no t park more than one standard pres surized hydrogen gas truck with 80% or more product compared to fill capacity at the project site. One standard pressurized hydrogen gas trucks may additionally be parked as it is being filled.
c. Biocarbon: No more than 150 cubic yards of biocarbon, or the equivalent volume, shall be stored at the facility at any time without prior approval of th e RPD. Covered biocarbon container desi gn subject to review and approval by RPD prio r to issuanc e of building permit.
d. Residuals: Res idual materi al requiring disposal, if any, sh all be Exhibit C
stored in roll -off boxes or other suitable containers and removed from the site within 48 hours of being genera ted, or otherwise as required by the SWFP.
49. Additional Operating Parameters Shall Include:
a. Operator shall comply with state min imum standards established under Title 14 and 27. Operational guidelines, procedures, and contingency pl ans shall be in conformance wit h the applicable provisions of the approved RFI.
b. Permittee shall use best management pr actices as specified in the approved RFI to prevent spontaneous combustion from occurring; or any gas leakage; or any excess heat leakage. If a fire incident occurs that triggers a notificati on requir ement by other agencies, permittee shall concurrently provide such report to RPD. c. The perm ittee shall cooperate with the Bay Area Air Quality Management District, the City, and the County to ide ntify and implement measu res to minimize odor emissio ns. Odors caused by storage shall be controlled.
d. The permittee sh all comply with Federal and State regulatory standards for operation; pollutant concentrations, pathogen reduction, monitoring, recordkeeping, and reporting.
e. The operator shall operate the facility ac cording to industry standards and as descr ibed in the app roved RFI, implementing Best Management Practices to control nuisances.
f. The permittee shall obtain power for all operations aside from vehicles via either combust ion of landfill gas or the electrical grid infrastructure at WCCSL, and shall n ot at any time power operations of the plant and associated operations (aside from vehicles, operation of the flare pilot for emergency fl aring of syngas, and emergency back-up power for fire pump) through any type of petroleum-based product.
g. Permittee has voluntarily agreed to make best efforts to hire employees, workers, and subcontractor components for jobs from the North Richmond communi ty. During the Review required in Condition 28, Permittee shall describe the reasons for rejecting the application for any North Richmond applicants that apply. h. The City reserves the right to direct permittee to temporarily cease operations if the City has cause to find that permittee is faili ng to meet the requirements herein defined.
50. Construction Defined: For the purposes of this CUP, "constr uction" is identified as those activities whic h encompass the startup of e quipment, preparation of the site ( e. g. movement of earth and grading), inst allation of u tilities, erection of structures, a nd improvements to the site (e.g. landscaping, fencing and placement of berms). Maintenance, repair, an d servicing of equipment are not considered construction activi ties. The occasional use of temporary equi pment such as portable grinders and Exhibit C
screens to process materials as part of site operations is not consider ed construction activities.
51. Hours of Constr uction: The permittee shall restrict outdoor construction activities to the peri od from 7:00 a.m. to 6:00 p.m. or sunset, whichever is later, Monday through Sunday. The RPD may administratively adjust the hours of construction described in this Condition. Such admini strative adjustments are subject to the following requirements:
a. This action shall be taken onl y after consultation with the permittee and the LEA.
b. To shorten the hours of construction, the Director s hall find that the changes are needed to mitigate substantial noise, traffic, or similar impacts arising from the operation of the facility which were not known whe n this CUP was adopted. To extend t he hours of construction, the Director shall find that th e longer hours will not cause traffic, noise, glare, or similar impa cts of facility operations to substantially increase in the vicinity.
52. Construction Exemption Re quest: The permittee may request in writing, and the RPD may grant, exemptions to Condition 51 for specific times for cause.
53. Debris Recov ery Program: At least 15 days prior to the issuance of a building permit the dev eloper shall demonstrate compli ance w ith the debris recovery program, w hich requires at least 65 percent of the jobsite debris generated by construction projects of 5,000 squar e feet or greater to be recycled, or otherwise diverted from landfill disposal.
54. Future Construction: No further construction is authorized two years after issuance of CUP permit. If permittee requests in writi ng, the RPD may grant, an extension to construction for a specified additional time period.
55. Equipment Activity and Maintenance: The permittee shall ma intain Facility equipment in optimum working order. Equipment shall be shut off when not in use with the exception that engines shall be allowed to idl e for up to 5 minutes (as required by the California Airbor ne Toxics Control Measure Title 13, Section 24 85 of Ca lifornia Code of Regulations [CCR]).
Maintenance records, subject to review by both the City, shall be kept on all pieces of facility equipment.
56. Containment Featur es: V ehicle washing areas and maintena nce structures shall be designed to ensure containment of liquids. All liquids collected from these areas shall be treated as required by WCCSD or other applicable regulations. The Plan shall be updated as needed in accordance with the approved RFI.
57. Lighting: Sufficient light ing shall be provided to allow for safe working Exhibit C
conditions during non -daylight hours. The permittee shall design and locate the li ghting system to reduce glare and to not subst antially impact area land uses. The permittee shall install directional shading on all outdoor lamps for night operation. In addition, focused security lamps with directional shading shall be installed as neces sary. To conserve energy, the permittee shall utilize LED lamps whe re such use meets operational safety s tandards a nd is feasi ble, and where LED lamps would provide equal levels of illumination. Incandescent lamps may be retained in operations areas where illumination levels generated by prevailing LE D technology would be inadequate to protect worker health and safety.
58. Exterior Lighting: Prior to issuance of an y building permit, the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct light is confine d to the property and is satisfactory to the Community Development Director or h is/her designee. Fixtures shall be appropriate to the style and scale of the architecture. The top of the fixture shall not exceed the height of the parapet or roof or eave of roof. No lights shall be greater than 3,000k LED.
59. Transportation and Circulation Plan: The permittee shall com ply with the WCCSL Transportation and Ci rculation Plan. The Plan shall detail the on- site circulat ion including parking, vehicle storage, and queuing areas. If adjustments to the WCCSL Transportation and Circulation Plan are required to accommodate permittee’s operations, permittee shall be required to make the adjustments, subject to WCCSL and RPD approval.
60. Access Route : Access to and from the F acility site shall be, by vehicl e type, via the following routes: (a) Commercial and recyclables haulers from I -80 from the north, Richmond Parkway, and Parr Boulevard: from the south - I-580, Castro Street, Ri chmond Parkway, and Parr Boulevard.
The permittee shall specify u se of t he above prescribed routes in a ll user contracts and shall notify noncontract users of these requirements. A more direct route for local commercial haulers may be submitted for review and approval by RPD. Exemption from these pres cribed routes is al lowed i f detour routes are in force.
61. Zero or Near Zero Emission Vehicles: If the property owner/tenant/lessee uses its own vehicles to ship hydrogen product from the Facility, the property owner/tenant/lessee shall take all reasonable efforts to procure zero or near zero emission vehicles/trucks for criteria pollutant emissions to the extent th at they are reasonably commer cially available. If hydrogen product from the Fa cility is shipped by t hird-parties, the property owner/tenant/lessee shall make all r easonable efforts to request use of zero or near zero emission vehicles/trucks for criteria pollutant emissions from the thi rd parties . In the event that there is a disruption in the manufacturing of zero or near zero emission ve hicles/trucks, or t hat sufficient vehicles/trucks are not reasonably commercially available for the intended ap plication, the “clean fleet requirements ” may be adjusted as Exhibit C
minimally as possible by the RPD to ac commodate the manufacturing disruption or unav ailability of comme rcially available vehicles/trucks. T he property owner/tena nt/lessee shall provide all necess ary documentation describing efforts mad e to meet clean fleet requirements as part of any adjustment request. The RPD staff may seek the recommen dation of the California Air Resources Board in determi ning whether there has been a manufacturing disruption or in sufficient vehicles/trucks reasonabl y commercially available for the intended application.
62. Site Services and Utilities Plan : The permittee s hall maintain a Sit e Services and Utilities Plan, with components listed below.
63. Fire Protection Component: The permittee shall maintain a Fire Protect ion Component for the Facility meeting the requirements of the Richmond Fire Department (RFD) to contain and extinguish fire s originating at the facility.
The program shal l be subje ct to the appr oval of the RFD and R PD and may be updated as needed in accordance with the approved RFI. The Fire Protection Component shall address, but not be limited to, the following:
a. Fire protection and suppression measures, including water s upply, flow requirements , water storage, fire breaks, e arth piles and compost operation requirements.
b. Fire apparatus water supply connections, e xtinguisher types a nd locations, including fire extinguishers on facility vehicles. c. Machinery and equipment inspection program.
d. Fire control training of employees.
e. Sprinkler and smoke detector systems if applicable.
64. Fire Department and District Permits : T he permittee shall apply to and obtain from the RFD any Department or D istrict permits and/or approvals which may be required to comply with Fire Code requirements.
65. Emergency Equipment Ac cess: The permittee shall designate access points and routes for loc al fire protection agency access to all parts of the facility. Th e access points shall be included in the Sit e Design Plan and Fire Prot ection Component and shal l be s ubject to the approval of the RFD or CC/WCFPD.
66. Load Inspection: The permittee shall chec k incoming loads for smoking or burning materi als and potential polluta nts and make provisions for extinguishing or properly disposing of these loads before processing.
67. Smoking Prohibitions: The permittee shall prohibit smoking on the facility except in designated areas. Signs shall be clearly posted.
68. Use of Reclaimed Wastewater: The permittee shall make every effort to use reclaimed was tewater, should it become available, for daily operations. Any proposal to use reclaimed wastewater shall comply with Exhibit C
all applicable City water conservation ordinances. The permittee shall report on this matter to the RPD.
69. Water Conservation Measures: The permittee shall i ncorporate wa ter conservation measures into the construction and landscaping of the site.
These measures shall comply with all applicable City water conservation ordinances and be consistent with East Bay Munici pal Utility District (EBMUD) policies and guidelines.
70. National Pollutant Discharge Elim ination System Compliance: The permittee shall be required to comply with all rules, regulations, and procedures of the Nati onal P ollutant Discharge Elimination System (NPDES) for m unicipal, cons truction and indus trial a ctivities as promulgated by the Cali fornia State Water Resources Control Board, or any of its r egional wa ter quality control boards (San Francisco Bay - Region II). T hese permits require the permittee to eliminate non- stormwater discharges to storm sewer systems; develop and implement a stormwater pollution prevention plan (SWPPP); and, develop and implement an appropriate monitoring program ( MP). The Stormwater Pollution Prevention Plan (SWPPP) and the M onitoring Pro gram (MP) shall become part of the Final Development and Improvements Plan.
71. Surface Drainage System : The permittee shall prepare and im plement a plan for conveying surface drainage water, e.g. rain water, from the facility site to flow into t he siltation control basin located behind (east of) the Golden Bear Waste Recycling Cent er. The system plan shall be included in the FDIP, shall be reviewed and approved by the RPWD, and may be updated as needed in accordance with the approved RFI.
a. The permittee will m aintain adequa te drainage control at th e property in accordance with the requirements of the SWPPP. The drainage control system shall prevent ponding conditions. b. All areas subject to vehicular traffic o r equipment shall allow ready access during all weather conditions.
72. Drainage Requi rements: T his development shall conform to the requirements of the site’s NPDES Industrial General Permit.
73. Seismic Design: The structures, drainage features, operating equipment, and all other facility componen ts (e.g., tanks, storage units , and berms) shall be designed in accordance with the adopted California Building Code (latest edition) earthquake desi gn criteria . The permittee shall provide substantiation to this effect in the Final Developm ent and Improvements Plan. The permittee shal l submit to the RPD for their review and approval facility designs, which shall be prepared by an independent registere d geotechnical engineer and a structural engineer, that will de monstrate that the facility ( e.g. all struct ures, berms, equipment, and materials/waste storage) will withstand the design earthquak e, including the potential loss Exhibit C
of foundation support resul ting from liq uefaction of subsurface material and the potential impact from waste or soil settlement.
74. Post-Earthquake Inspec tion: The perm ittee shall ins pect the project site following an earthquake of such magnitude to have caused damage to the facilities. The post -earthquake inspection report shall be submitted for review and approval to the RPD and other appr opriate agencies . The permittee shall make al l necessary repairs needed to assure the safety of employees and facility users prior to recommencing op eration of the facility.
75. Prevention of Air Quality Deterioration: Th e permittee shall comply with the term s of the Authori ty to Construc t and Permit to Operate issued by the BAAQMD.
76. BAAQMD Regu lations: To the extent that any air quality regulation contained in thes e conditions of approval conflict s with the regulati ons of the BAAQMD, the regulations of the BAAQMD shall govern.
77. Odor Prevention and Manag ement Plan (OPMP): During the construction phase of the Project, the operational Odor Prevention and Management Plan (OPMP) shall be developed and implemented upon commissioning of the renewable fuels processes, intended to bec ome an integrated part of daily operati ons at the Facility and other s ites, so as to prevent any objectionable offsite odors and effect diligent identification and remediation of any potential obj ectionable odors generated by the facility and associated sites. The plan shall outline equipment that is in place and procedures that facility personnel shall use to address odor issues, facility wide. The OPMP shall include continuous evaluation of the overall system performance, identification of trends to provi de an opportunity for improvements to the pla n, and updating the odor prevention and management strategies, as necessary. This pl an shall be ret ained at the facility for Cit y or any other government agency inspection upon request.
The f ollowing practices s hall be included in the O PMP to reduc e the potential of objectionable odors from the storage of renewable feedstocks, operation of the Facility, and any other odor generating activity:
a. Develop operating procedures to inspect and evaluat e the effectiveness of odor control equipment and operation of the facility.
b. The OPMP sha ll include guidance for the proactive
identification and doc umentation of o dors through routine employee observations, routine operational inspections, and odor compliant investigations.
c. Inspections to be conducted on a semi-annual basis.
d. If there are few er than an average of five confirmed complaints per year during the first 3 years of operation, then the inspection frequency can be reduced to an annual basis.
Exhibit C
e. If the re are more than fiv e confirmed co mplaints in any single year, th en the application shall develop additional mitigation strategies in consultation with the BAAQMD.
f. All odor complaints received by the facility shall be investigated as soon as is pr actical within the confines o f proper safet y protocols and site logi stics. The goal of the investigation will be to determine if an odor originates from the facility and, if so, to determine the specifi c source and cause of the odor, and then to remediate the odor.
78. OPMP Report: Prepare an annual evaluation r eport of the overall system performance, ide ntifying any trends to provide an opportunity for improvements to the plan, and updates to the odor mana gement and control strategies, as necessary. The r eport shall be provided to the Ci ty for review and approval.
79. Cleanup: T he per mittee shall undertake i mmediate cleanup of on- site spills that are a source of pollutants.
80. Air Quality Monitoring: If required by the Bay Area Air Quality Management District (BAAQMD), the permittee shall install air quality monitoring devices and establish an air quality monitoring program. The installations shall be shown in the Final Development and Improvements Plan. If excessive air pollution is determined to be occurring, the permittee shall make whatever installations or operations changes that the BAAQMD may specify.
a. One time every five years, in conjunction with the report required in Condition 28, the permittee shall conduct a multi-pollutant toxins test and report the findings of such to the City.
b. To demonstrate the biogenic nature of the feedstock, Raven shall sample the actual syngas generated from the feedstock at a point just upstream of the syngas compressor to demonstrate that there is less than 10% non-biogenic carbon content. Raven will sample the process tailgas two times per year, once during summer operation and once during winter operation, and the results of the sampling will be evaluated per the most recent ASTM D6866 method (or equivalent) reporting as a “percent Modern Carbon” (pMC) to demonstrate the ratio indicative of less than 10% (by weight of total carbon) non-biogenic content (i.e., calculated as pMC) in the total carbon of the process tailgas.
When operating in a steady state, the non-combustion, non-catalyst process shall maintain a second-stage gas exit temperature greater than 1,450° F as measured on a daily basis.
In the unlikely event that the sampling indicates the non-biogenic carbon content is 10% or greater, then Raven shall work with Exhibit C
Republic to determine the source of any non-biogenic carbon content and remove it from the feedstock used in the process.
The results of such testing and analysis shall be provided to the City when completed.
81. Public Health and Safety : T he permitte e s hall man age the facility in a manner which doe s n ot impair the public heal th and safety of persons living in the vicinity, or facility users and employees.
82. Public Health and Safety Plan: The permittee shall prepare and submit for approval by the RFD and RPD a Public Health and Safety Plan. The plan shall include an Emergency Pl an component to protect the facility and its employees from harm, and to protect the human heal th off -site in the event of an emergency. This plan may be updated as nee ded in accordance with the approved RFI.
83. Regulation Compl iance: The permittee shall com ply with all desi gn measures, safety precautions and emergency response procedures as required by federal, state; and local laws and regulations; federal, st ate, and local agencies; and these Conditions of Approval.
84. Emergency Response Procedure: The permi ttee s hall implem ent on- site and off -site emergenc y response procedures as outlined in the Emergency Pl an, immediately upon a spill, release, explosion, or fire event.
85. Employee T raining: Th e permittee shall develop and implem ent training and subsequent refresher training programs covering accident prevention, safety, identification and handling of hazardous materials, first aid, and instruction for use of equipment. The programs s hall be subject to the approval of the RFD and may be updated as needed in ac cordance with the approved RFI.
86. Employee Safety
a. Permittee shall develop a Safety Site Operat ions Pla n demonstrating how the project applicant will comply with all applicable local, state and federal laws that address standard s for workplaces involving use, st orage, handling and transport of hydrogen, i ncluding standards pertaining to incident reports, thresholds for requiring operations to cease in the event of hazardous incidents.
b. Permittee shall implement the OSHA standa rds applicable to workplaces where hydrogen is stored, used and/or produced, as well as OSHA Process Safety Management (29 CFR 1910.119) and the EPA Risk Management Program (Section 112(r) of the Exhibit C
Clean Air Act), commonly referred to as PSM/RMP.
c. The permittee shall provide or require employe es to provide safety equipment, such as safety glasses, hard hats, safety shoes, gloves, coveralls, and noise reducers as may be required by union contract, state and federal safety agencies, and the RFD.
87. First Aid Equipment : The permittee shall provi de a nd maintain supplies located in easily accessi ble areas. The first aid supplies shall be consistent w ith Occupational Safety and Health Administration requirements and subject to the approval of the RFD.
88. Emergency Communications: The permittee shall provi de radio phones or telephones for employee use to call for medical and other emergency assistance. Phone numbers to use for outside emergency assistanc e shall be clearly posted in the work areas. The communica tions system shall be subject to the approval of the RFD.
89. Equipment Maintenance Program : Pur suant to California Fire Code Section 105 (including Sections 105.1.2 (Types of permits), 105.1.3 (Multiple permits for the same location), and 105.1.6 (Annual permit)), City shall authorize and through an agreed upon maintenance program will authorize an Annual Provisional Construction Permit (AP CP) for activities related to work on existing systems and equi pment installations containing flammable, combustible and or hazardous materials at the Facilities th at would otherwise require an individual fire cons truction permit under the California Fire Code. When approved by the Fire Marshal, the APCP may also incl ude other c omponents i ncluding but not limited to devices, equipment, piping, and tubing within research and development locations only which convey or contain combustible, flammable, or hazardous materials that would otherwise require an individual fire c onstruction permit.
90. Enclosed Flare: The emergency syngas flare shall be encl osed, unless otherwise approved by BAAQMD.
91. Hydrogen-Only Production: The project should produce hydrogen only and not any other products, except byproducts.
92. Bicycle Ra cks: There shall be convenient and secure bicycle parking provided on the project site.
93. Indemnification: The p ermittee agrees, on behalf of permitt ee and any successor in interes t and assigns, to defend, in demnify, a nd hold harmless the City, its Council, P lanning Commission, Design Review Board, adv isory bo ards, officers, employees, consul tants and agents (hereinafter "City") from any claim, ac tion or proceeding (hereinafter Exhibit C
"Proceeding") brought against th e City to attack, set aside, void or annul the C ity's actions regarding any development or land use per mit, application, license, denial , approval or authorizati on, including, but not limited to, variances, use permits, developm ents plans, specific plans, general pl an amendments, zoning amend ments, appr ovals and certifications pursuant to the California Env ironmental Quality Act, and/or any mitigation monitoring program, or brought against the City due to acts or omissions in any way connected to the permit tee's proj ect, but excluding any appr ovals gover ned by California Government Code Section 66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney’s fees and other costs, liabilities and expens es incurred in connection with such proceeding whether inc urred by permittee or City. If permittee is required to defend the City as set forth above, the C ity shall retain the right to select the counsel who shall defen d the City , and in all circumstances the City is entitled to review and approve (as appropriate) all draft filings, proposed resolutions of the proceedings, or other actions proposed to be taken on behalf of the City by the counsel.