ATTACHMENT 1
PROPOSED RESOLUTION NO. 22-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RICHMOND, ADOPTING AN MITIG ATED NEVATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING
CONDITIONAL USE AND DESIGN REVIEW PERMITS FOR THE RAVEN BIOENERGY PROJECT (PLN21-282).
WHEREAS, on July 30, 2021, Raven SR, LLC (“applicant” or “permittee”), filed Planning Application No . PLN21-282, requesting approval o f design review and conditional use permits for the proposed Raven Bioenergy Pr oject (“project”) to be located at 1 Parr Boulevar d in the OS (Open Space) Distri ct, Assessor’s Parcel No. 408-140-009 (“project site”); and
WHEREAS, the project involves the construction and operation of a bioenergy facility that would convert food and green waste into transportation- grade hydrogen; and
WHEREAS, the project is governed by the Richmond General Plan and Richmond Municipal Code (“RMC”); and
WHEREAS, the Project is subject to the Ca lifornia Environmental Quality Act (“CEQA”) (Public Resources Code 21000-21189) and the State CEQA Guidelines (California Code of R egulations, Title 14, Division 6, Chapter 3, Sections 15000-15387); and
WHEREAS, the City, as the lead agenc y under CEQA, prepared an environmental initial study for the project; and
WHEREAS, based on the analysis in the initial study, the Community Development Director determined that the potentially significan t effects of the project could be reduced to a le ss-than-significant level throu gh implementation of specific mitigati on measures, and subsequently, a mitigated negative declaration was prepared; and
WHEREAS, on November 7, 2022, a notice of intent to adopt a mitigated negative declaration (“NOI”) was distributed for 30-day public review and comment period, in accordance with CEQA Guidelines Section 1507 2 and 15105; and
WHEREAS, on December 7, 2022, the public review and comment period for the mitigated negative declaration was extended for an addi tional 15 days to allow interested parties more time to review the document; and Res. No. 22-18
WHEREAS, on or prior to December 2, 2022, notice of the December 15, 2022 public hearing was given in accordance with RMC Section 15 .04.803.070 (Public Notice) and applicable State law; and
WHEREAS, on December 15, 2022, the Planning Commission considered the mitigated negative declaration (State Clearinghouse #2022100145) and held a public hearing on the project, at which time oral and/or writ ten testimony was considered; and
WHEREAS, the record of proceedings (“Record”) upon which the Planning Commission bases its decision regarding the Project includes, but is not limited to: (1) all staff reports, City files and records and o ther documents prepared for and/or submitted to the Planning Commission, and t he City relating to the project; (2) the evidence, facts, findings and other det erminations set forth in this resolution; (3) the Cit y of Richmond General Plan and t he RMC; (4) all applications, designs, plans, studies, data and correspondence submitted by the applicant in connection with the pr oject; (5) all documentary a nd oral evidence received at public hearings or submitted to the City relating t o the project; and (6) all other matters of common k nowledge to the Planning Commissio n including, but not limited to, City, state and federal laws, policies, rules regulations, reports, records and projections related to development within the City and its surrounding areas.
NOW, THEREFORE, the Planning Commission resolves and finds as follows:
Mitigated Negative Declaration Findings:
1. Prior to acting on the project, the Planning Commission has considered the mitigated negative declarati on together wit h any comments received during the public review process.
2. There is no substantial evi dence that the project will have a significant effect on the environment.
3. The mitigated negative declaration reflects the City of Rich mond’s independent judgement and analysis.
Conditional Use Permit Findings and Statements of Fact:
4. The location of the proposed conditional use is in accordanc e with the General Plan and any specific plan and land use designations fo r the project site.
Statement of Fact: The project site is not located in any specific plan area. The General Plan land use des ignation for the project sit e is Res. No. 22-18
“Open Space”. According to the General Plan, this designation i s intended to include wetlands, mudflats, creek corridors and oth er natural preservation areas, as well as private lands used for recreational purposes or deed-restricted for open space preserv ation, and utilities. The proposed use falls under the classification of “Utilities, Major” and is therefore consistent with the General Plan land u se designation. RMC Section 15.04. 104.020 defines “Utilities, Majo r” as generating plants, electric substations, and solid waste collec tion, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, biomass and waste to energy conversion facilities, and similar faciliti es of private companies, public agencies or public utilities.
5. The location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely aff ect the livability or appropriate develop ment of adjacent properties an d the surrounding neighborhood.
Statement of Fact: The project site is in a non-residential area that is dominated by industrial uses wit h similar operating characteris tics, including the West County Wastew ater District Treatment Plant, EBMUD’s North Richmond Water Re clamation Plant, the Richmond Sanitary District, and other refuse services.
6. The proposed use will not creat e any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke heat or gl are at a level exceeding ambient conditions.
Statement of Fact: The project is required to comply with RMC Articles
15.04.604 (Lighting and Illuminat ion), 15.04.605 (Noise), and
15.04.608 (Performance Standards). These articles prescribe standards and limitations design ed to avoid potential nuisances from glare, noise, odors, particulate matter, air contaminants, and vibration.
The mitigated negative declaration also identifies measures tha t the project will implement to miti gate the project’s potential air quality impacts.
7. The proposed use complies with all applicable provisions of Article XV.
Statement of Fact: The proposed use falls under the classification of “Utilities, Major” and this cla ssification is permitted in the OS (Open Space) District after review and approval of a conditional use permit by the Planning Commission. RMC S ection 15.04.206.040 (Development Standards) prescribes development standards for the OS District and the project meets these standar ds which include minimum and maximum height, setbacks, and floor area ratio. The project als o Res. No. 22-18
complies with RMC Article 15.04.805 (Design Review), which requ ires Major Design Review for industria l additions or improvements ov er 1,000 square feet. On October 26, 2022, the Design Review Board considered the project and re commended the Planning Commission grant design review approval, subject to conditions of approval.
8. The site of the proposed use is adequately served by highway s, streets, water, sewer and other public facilities and services.
Statement of Fact: The project site is in an area adequately served by existing public infrastructure, streets, and highways such as R ichmond Parkway and Interstates 80 and 580. In addition, there is adequ ate capacity in nearby public facilit ies and services to serve the project site.
Design Review Permit Findings:
9. The project is consistent with General Plan and any applicab le specific plans;
Statement of Fact: The project site is not located in any specific plan area. The General Plan land use des ignation for the project sit e is “Open Space”. According to the General Plan, this designation i s intended to include wetlands, mudflats, creek corridors and oth er natural preservation areas, as well as private lands used for recreational purposes or deed-restricted for open space preserv ation, and utilities. The proposed use falls under the classification of “Utilities, Major” and is therefore consistent with the General Plan land u se designation. RMC Section 15.04. 104.020 defines “Utilities, Majo r” as generating plants, electric substations, and solid waste collec tion, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, biomass and waste to energy conversion facilities, and similar faciliti es of private companies, public agenci es or public utilities. The pro ject will advance several General Plan polic ies, including EC2.2 (Climate - Friendly Fuel) which calls for supporting the production and distribution of climate-friendlier fuel at appr opriate locations; and EC5.1 (Green Businesses and Jobs), which calls for promoting green industrie s, including those that fill the growing need for clean fuels.
10. The project is consistent with any applicable design guidelines;
Statement of Fact: There are no design guidelines in place for the area in which the project is located; however, the Design Review Board considered the project on October 26, 2022, and recommended the Planning Commission grant design review approval, subject to Res. No. 22-18
conditions of approval.
11. The project is consistent with any approved tentative map, use permit, variance, or other planning or zoning approval that the project required;
Statement of Fact: The design review and conditional use permit for the project have been reviewed c oncurrently to ensure consisten cy between the approvals. N o tentative map, var iance, or other pla nning or zoning approval are being requested.
12. The project is consistent with the design review criteria i n Section
15.04.805.04:
a. The overall design of the project, including its scale, mass ing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a cohere nt manner.
b. The project design evidences a sense of place and
consideration of scale, mass, height, building siting, an priva cy in a neighborhood and community c ontext; does not overwhelm or adversely impact adjoining properties; and respects
prevailing setbacks and the scale and heights of neighboring buildings and how they relate to the street.
c. The project’s design element s, materials, signage, and landscaping are internally cons istent, fully integrated with on e another, and applied in a manner that is visually consistent wi th the proposed architectural design.
d. Lighting and lighting fixtur es are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
e. The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.
f. Landscaping is designed to be compatible with and enhance th e architectural character of the buildings on site. Proposed planting materials avoid conflic ts with views, lighting, and signage.
Statement of Fact: The project will meet desi gn criteria a through f. The project will achieve a design t hat will be compatible with the surrounding Res. No. 22-18
uses in the area. The project b uildings will be low in height t o reduce impacts on views and are within the existing WCCSL property. The project includes landscaping improvem ents offsite to the Landfill Loop Trail and the trail head parking lot. Conditions of approval will ensure any new lighting and lighting fixtures are designed to avoid creating glare.
NOW, BE IT FURTHER RESOLVED that based on the findings set forth herein and the Record as a whole, the Planning Commission hereb y adopts the mitigated negative declaration (Exhibit B) and mitigation monitoring and reporting program (Exhibit C); and approves the design review and conditi onal use permit for Planning Application No. PLN21-282, subject to the followin g conditions of approval:
Project-Specific Conditions of Approval:
1. CUP: The Conditional Use Pe rmit for the operations of the Ra ven 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 Facilit y is co-located on the site of the West Contra Costa Sanitary Landfill (WCCSL), which has separate cond itions for use and permits. Some components of the WCCSL operation suc h as the scales may be utilized by the permittee. The WCCSL’s regula tory requirements shall at all times supersede the permittee regulat ory requirements to the extent that they may conflict.
3. General Requirements: The projec t shall be in substantial compliance with the drawings submitted to the City of Richmond Planning Divisio n (RPD) and included as drawings in the mitigated negative declaration. The Use Permit and Design Review Applications approved by this Conditio nal Use Permit (CUP) and subject to these Conditions of Approval shall consist of the following schematic plans and studies included in the permi ttee's Use Permit and Design Review Applications dated June 8, 2021 and September 29, 2022 respectively; and the revised Design Review Application and plans therein su bmitted September 29, 2022 and revised Landscaping Plan submitted October 25, 2022.
4. MMRP: The project shall comply with the adopted Mitigation M onitoring and Reporting Program.
5. Regulatory Agency Approvals: Subsequent to the approval of t his CUP, the permittee shall obtain approv als from the regulatory agenci es having permitting jurisdiction over the project, and obtain approvals or Res. No. 22-18
authorizations as necessary for constructing, serving, and oper ating the facility. The permittee shall notify the RPD if proposed or ado pted conditions or requirements do not appear to be consistent with this CUP or the IS/MND. The regulatory agen cy approvals include, but are no t limited to the following:
a. Prior to Construction: (a) G eneral National Pollution Discha rge Elimination System (NPDES) Constr uction Activities Storm Water Permit from the San Francisco R egional Water Quality Control Board (SFRWQCB). (b) Authority to Construct from the Bay Area Air Quality Management District (BAAQMD).
b. Prior to Operation: (a) Gener al NPDES Industrial Activities Storm Water Permit (SFRWQCB). (b) Once grace period from Authority to Construct is complete, Permit to Operate from the BAAQMD. (c ) Solid Waste Facility Permit (SWF P) from the Local Enforcement Agency. (d) Wastewater Discharge Permit from West County Wastewater District.
6. Building Permits: Prior to issuance of the building permit f or this project, the permittee shall prepare a building permit submittal that in cludes the final landscaping and irrigati on plan, identifying quantities, species, sizes and locations of plantings, and locations, types, sizes, and qu antities of irrigation fixtures. The final l andscaping and irrigation plan shall be consistent with the requirement s of the Water Efficient Landsca ping Ordinance (Article 15.04.613 of t he City Municipal Code) and in clude native and drought-tol erant 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 u s e a d r i p irrigation system on all plantings shown in the Landscape Plans.
8. Additional Landscaping: The area beneath the trees in the La ndscape 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 location of fir e hydrants that is in complian ce with City of Richmond Fire Department regulations and policies.
10. Interpretive Panel: Prior to issuance of a certificate of o ccupancy, a 2’ x 3’ interpretive panel about the bi oenergy facility shall be create d and installed in a National Park Se rvice low profile frame consiste nt with the design of Bay Trail interpretive panels installed elsewhere alo ng the Landfill Loop Trail, replacing the existing interpretive panel. The design shall be developed in collaboration with TRAC, and the panel lo cation shall be subject to approval by Republic Services and Richmond Planning Division (RPD).
Res. No. 22-18
11. Maintenance Documents: Permitt ee shall use its best efforts to ensure that the planning components maintained by Republic that are af fected by the installation of this fac ility are updated no later than six months after operations commence. This condi tion is not intended to require Republic to update its SWFP, Air Permit, CUP or any other permit but sim ply to make updates to relevant ancill ary site operating procedure doc uments.
These planning documents include: Traffic Control Plan, Emergen cy Response Plan, Fire Protection Component, and Storm Water Pollu tion Prevention Plan (SWPPP).
12. Design Review: All Design Review conditions of approval sha ll be printed on the informational page of the final construction plans submi tted for building permits, along with annotations by the applicant of wh ere the conditions have been met on the drawings. All conditions of app roval shall be on all grading and construction plans, which shall be kept o n the project site at all times. It is the responsibility of the buil ding developer to ensure that the project contract or and construction crew is awa re of and adheres to all conditions of approval.
13. Compliance to Conditions: Thes e Conditions of Approval refe r to the development, including all construction and improvements activi ties, and the operation, including all management and maintenance activities, of the Facility. Regardless of the party(ies) who perform these activi ties, the owner of the Facility, herein referred to as “permittee”, shall be responsible for complying with all conditions . If the permittee engages ven dor(s) or operator(s) to perform any of these activities, the contract wi th each vendor or operator shall include language requiring adherence t o all conditions.
14. Administration and Enforcem ent of Conditions: The Richmond Planning Commission (Commission) is respons ible for the administration a nd enforcement of these Conditions of Approval. Unless otherwise p rovided for, the Richmond Planning Division’s Director of Community Development or designee (RPD) shall adminis ter and enforce these Conditions o f Approval for the Commission.
15. Assignment of Responsibility: The Commission may assign the responsibility of administering specific Conditions of Approval o r 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 terms of a joint powers agreement where t he City is a member of the join t powers agency.
Res. No. 22-18
b. If no contract or agreement is in force, as referred to in t he 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 Facility 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 applicatio n provided all provisions of the ordinanc e, the Zoning Ordinance, and all conditions placed on approval of the CUP are continually met; however, the current owner is responsible for notifyi ng the RPD of any change in own ership. A change of ownership shall be interpreted to mean the acquisitio n of 5 percent or more of the value of the Facility covered by this CUP.
17. Compliance Objective: The permittee shall at all times comp ly with all applicable local, state, and federal laws and regulations.
18. Conditional Use Permit (CUP). Extent as provided for in thi s condition and the following condition, the permittee shall at all times compl y with the provisions and requirements of this CUP. The permittee shall comply with all correction and compliance orders issued by the City which r elate to this CUP. A violation of any of these conditions or orders is cause for revocation of the CUP.
19. Solid Waste Facility Permit: Permittee shall secure and mai ntain a SWFP from the Contra Costa County Local Enforcement Agency (LEA) at the appropriate tier for the projec t with CalRecycle concurrence, i f and as required The Contra Costa Health Services, Environmental Health Division Currently acts as the Local Enforcement Agency (LEA) f or CalRecycle regarding solid waste enforcement issues. The permit tee shall comply with all provisions and requirements of the SWFP. This CUP is not intended to supersede the existing landfill Solid Waste Facilit y Permit operating requirements, nor shall it conflict with said permit operating requirements.
a. Permittee shall maintain the Report of Facility Information (RFI) in accordance with the requirement s of 14 Cal. Code Regs (CCR) section 182221.5 – Facility Plan, or relevant code section, sho uld the SWFP be revised in the future to a different solid waste pe rmit tier.
20. Closure/Post Closure Maintenance Plan: The Permittee’s oper ations shall be consistent with, and shall not conflict with, the Closure/Po st Closure Maintenance Plan required by Cal Recycle, the SFRWQCB, and the L EA for the existing WCCSL.
21. Bay Area Air Quality Management District: The permittee sha ll at all times comply with the provisions and requirements of the Authority to Construct Res. No. 22-18
and Permit to Operate entitlements issued by the Bay Area Air Q uality Management District (BAAQMD).
22. Title: Title 14 and Title 27 of the California Code of Regu lations (14 CCR and 27 CCR). The permittee shall at all times comply with the p rovisions and requirements of 14 CCR, Natural Resources, Division 7, curr ent regulations of CalRecycle pertaining to nonhazardous waste mana gement in California; and, T itle 27, Environmental Protection, Divisio n 2, Solid Waste, current regulations of Ca lRecycle and the State Water Re sources Control Board pertaining to waste disposal on land.
23. Other Regulatory Approval s: Subsequent to the approval of t his CUP, the permittee shall obtain approval s from the agencies, utilities, and parties having jurisdiction or control ov er the on-site and off-site im provements authorized by this CUP or by agenc ies having regulatory jurisdi ction over the project. The permittee shall at all times comply with the r egulations and requirements of these permits and approvals, as determined by the issuing agency, and shall notify the RPD if proposed or adopted conditions or requirements do not appear to be consistent with this CUP or the IS/MND.
24. Notice Coordination: Permitt ee shall transmit to the RPD, w ithin 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 fr om regulatory agencies; (2) copies of all monthly, quarterly, and annual repo rts to other agencies concerning the design, operation, and maintenance of t he Permittee, including air emission s reports; (3) all reports con cerning any emergency incidents associated wit h Permittee or hauler operati on; and (4) any other reports or documents requested by the RPD.
25. Use Permit Expiration: The project authorized pursuant to t his CUP must be fully operational, meaning t hat it has begun the ramp-up per iod, within 2 years from the date of final a pproval or the final approval o f the facility's Solid Waste Facilities Permit, whichever is later. If not fully operational within 2 years from the date of final approval, the permit shal l be deemed expired, and all rights granted pursuant to the permit may be r evoked.
Permittee may request from the RP D 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 expiration of th e appeal period for the Commission’s approval (10 days after Commission approval).
27. Design Review Expiration: Des ign Review approval shall expi re two years from the date of final approval, unless made permanent by the issuance of building permits and the commencement of construction. If the u se(s) or structure(s) approved by this ac tion is not established within such period Res. No. 22-18
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 expiration of the Design Review approval.
28. Permit Review: The RPD shall report after Raven SR’s first full year of operations and then once every five years to the Commission the reafter, or on such frequency as the Commission may require, on complian ce with the Conditions of Approval of this CUP beginning one year after t h e commencement of operations of t he facility. If the Commission f inds that the permittee has not complied, i t may take such corrective act ion as is required to remedy the situation. If the corrective action requ ires a modification to this CUP, 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 Commission may recommend to the Council the appropriate corrective action. Nothing in this cond ition shall preclude the permittee from applying for amendments to the CUP at any time or preclude the City from addressing emergency situations or new requirements imposed by state legislation or the courts.
29. Delegation of Authority: In any instance where these condit ions provide that the Commission will decide or act upon a matter, and the Commission has not assigned the responsibility to another unit of government pursuant to Condition 15 and its subsection, the Commission may delegate the initial decision making or action with respect to that matter t o the City Manager or his designee, provided that there shall be a right o f appeal for the designee, to the Commission for any decision made by the Commission.
30. Interpretation of Conditions: The RPD is authorized to inte rpret these conditions in the event that any clarification is needed. Any i nterpretation of the permit by the RPD may be appealed to the Commission by t he permittee.
31. Emergency Operation: In the event of an emergency situation not officially declared by another agency, such as a road closure or on-site p roblem, the RPD may allow the permittee to alter the provisions of thes e conditions for operation. This au thorization shall be limited i n extent and time to that needed for correction of the situation.
a. Fires, other emergencies, or serious problems relating to pu blic health and safety or nuisance condition shall be reported to applicable agencies in alignment with the requirements in operating permits. City shall be copied on such reports as are required in these permits.
b. In the event that materials a re diverted from the site, faci lity shall divert material from the site i n accordance with its operating permits.
Res. No. 22-18
32. Availability of and Access to Records: The permittee shall 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 app ointment except in an emergency. The permittee shall allow access to the facility site and to all operation record s by the RPD and any government agency responsible for monitoring the facility or Its operation. This access shall not require prior notification.
33. Monitoring and Inspection: All monitoring reports, results of regulatory inspections and a summary of daily inspection reports shall be made available to the City upon request. Any indication of an emerge ncy or other serious problem relating to public health and safety shal l be immediately reported to the appr opriate emergency response agen cies.
Upon City request, City and permitt ee shall meet and confer reg arding the content of reports received.
34. Compliance with Conditions of Approval: The permittee shall reimburse the City for the cost of monito ring compliance with the CUP Con ditions of Approval. The City may designate a staff person or consultant to do the monitoring. The permittee shall provide such information as the City may require reviewing plans and installations under the purview of the City.
Such initial compliance report demonstrating evidence of compli ance with this permit shall be due from permittee one year after operatio ns commence, and thereafter every five years in accordance with Co ndition
28. 35. Internship Program: The permi ttee shall undertake an intern ship program meeting the criteria of permitt ee’s proposal letter to the City dated November 18, 2022.
36. Eligible and Ineligible Feeds tock: The permittee may accept Organic Waste consisting of pre-processed blended organic material incl uding, but not limited to, landscaping and p runing waste, food waste, and other materials typically allowed in municipal organics collection pr ograms, delivered from the onsite composting facility referred to as th e WCCSL Organic Materials Processing Faci lity (OMPF). The Eligible Fee dstock shall not include any material that is not permitted for accept ance at the OMPF. The OMPF has a loadchecking program in place to screen fo r and remove prohibited materials including material that is not acceptable under its permits. After screening an d 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 WCCS L personnel and vehicles. This material, as received by permittee, may incl ude some level of “Incompatible Material” (as that term is defined by Se ction 17402 of the California Code of Regulati ons Title 14, Division 7), th at was not Res. No. 22-18
removed through the pre-processing activities at the OMPF. Perm ittee shall be prohibited from adding any additional Incompatible Mat erial to the pre-processed organic feedstock a s received. In addition, if th ere is verifiable evidence that additio nal Incompatible Materials have b e e n added to material received, beyond that inherent in the feedsto ck, permittee shall reject such loads. Permittee shall be prohibite d from intentionally accepting industrial or medical waste in the eligible feedstock.
Permittee shall secure and maintain a SWFP from the Contra Cost a County Local Enforcement Agency (LEA) at the appropriate tier f or the project. If not otherwise required, Permittee shall conduct was te sorts at least once annually and otherwise i n conformance with the requi rements of the SWFP for the facility and shall report the results of such waste sorts to the City.
a. All loads of organic waste acce pted shall originate from the OMPF and shall be transferred directly from such facility to Raven S R after having already been processed by screening, loadchecking and grinding. After acceptance at Raven SR, all material shall be fed across the initial stage of the system which includes a scr een to remove any oversized material (overs) 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 prepare and implement a program for checking loads at the Facility (Loadchecking Program). The load inspection program shall include inspection for smoldering load s, hazardous and other ineligible was tes, and the procedures for t heir handling and disposal. The Loadche cking Program shall be develo ped and implemented in compliance wit h Title 14, Code of California Regulations (CCR), Section 17 409.5 and included with the approv ed SWFP for 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, appro ved by the RPD and Director of Weights and Measures, shall be implemen ted to monitor material tonnage and origin.
39. Vehicle Operations: Operati ons of eligible vehicles on-site shall be allowed 24 hours per day, seven days per week.
40. Facility Hours: The Facility shall remain 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, the loading and unloading of material, processing of material and any other man ipulation Res. No. 22-18
of materials. Processing activi ties at the facility may be cond ucted 24 hours a day, but if at any tim e operations exceed the noise lim its in Condition 42, operator shall be limited to the following schedule: 5:00 a.m. to midnight, 7 days/week.
a. The RPD may administratively shorten or extend the hours of operation prescribed above. This action shall be taken only aft er consultation with the permittee and the LEA. To shorten the hou rs of operation, the Director shall find that the changes are need ed to mitigate substantial noise, traffic, or similar impacts arising from the operation of the facility whi ch were not known when this CU P was adopted. To extend the hours of operation, the Director sha ll find that the longer hours will no t cause traffic, noise, glare , or similar impacts of facility operations to substantially increas e in the vicinity.
42. Operating Noise Limits: Oper ator shall not cause operating noise measured at the Republic propert y boundary to exceed 70 dB at a ny time in accordance with Richmond Municipal Code 9.52.100. If noise measured at that location exceeds 70 dB, operator shall immediately limit operations to the time period specified in Condition 41 until which time o perator has made corrective actions and the RPD has approved extending hour s of operation.
43. Noise Abatement Program: The permittee shall manage the Fac ility in a manner that minimizes impacts to sensitive receptors in the are a. If noise complaints are received by the permittee and/or the City, noise abatement measures may be required by the RPD. These measures may take th e form of a noise monitoring program to determine whether the facility meets the acceptable exterior noise l evel standards established in th e Richmond General Plan 2030 as it may be amended from time to time; and a lso is inclusive of the limitations to facility noise in Condition 41. The location of noise monitoring devices, if required, shall be determined by t he RPD. If operation activities cause the monitored noise levels at the property line of the selected receptor locations to exceed the DNL 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 and Equipm ent: The permittee shall provid e Facility vehicles and equipment with the best available noise suppressin g equipment to minimize sound generation during construction and operation.
45. Noise Exemption Request: The permittee may request in writi ng, and the RPD may grant, exemptions to C onditions 41, 42, and 43 for spec ific times for cause.
Res. No. 22-18
46. Operations Information: The permittee shall post a sign at the Facility entrance which identifies the facility to the public and prohib its public access.
47. Maximum Daily Quant ities: The Facility may receive a daily maximum quantity of Organic Waste of 99.9 tons per day.
48. Maximum Storage Capacity: T he 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 Hydrogen Biproduct: Permittee shall not park mor e than one standard pressurized 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 the RPD. Cov ered biocarbon container design subject to review and approval by RPD prior to issuance of building permit.
d. Residuals: Residual material requiring disposal, if any, sha ll be stored in roll-off boxes or other suitable containers and remov ed from the site within 48 hours of being generated, or otherwise as required by the SWFP.
49. Additional Operating Parameters Shall Include:
a. Operator shall comply with st ate minimum standards establish ed under Title 14 and 27. Operational g uidelines, procedures, and contingency plans shall be in conf ormance with the applicable provisions of the approved RFI.
b. Permittee shall use best managem ent practices as specified i n the approved RFI to prevent spontaneous combustion from occurring; or any gas leakage; or any excess heat leakage. If a fire incid ent occurs that triggers a notificatio n requirement by other agenci es, permittee shall concurrently provide such report to RPD. c. The permittee shall cooperate with the Bay Area Air Quality Management District, the City, and the County to identify and implement measures to minimize odor emissions. Odors caused by storage shall be controlled.
d. The permittee shall comply wit h Federal and State regulatory standards for operation; pollu tant concentrations, pathogen reduction, monitoring, recordkeeping, and reporting.
e. The operator shall operate the facility according to industr y standards and as described in t he approved RFI, implementing Best Management Practices to control nuisances.
Res. No. 22-18
f. The permittee shall obtain power for all operations aside fr om vehicles via either combustion of landfill gas or the pre-exist ing electrical grid infrastructure at WCCSL, and shall not at any t ime power operations of the plant and associated operations (aside from vehicles, operation of the flare pilot, and emergency back -up power for fire pump) through any type of petroleum-based product. g. Permittee shall make best efforts to hire employees, workers , and subcontractor components for jobs from the North Richmond community.
h. The flare for the facility shall be fully hooded and any bur ning shall not be visible at any time.
50. Construction Defined: For the purposes of this CUP, "constr uction" is identified as those activities w hich encompass the startup of e quipment, preparation of the site (e. g. movement of earth and grading), installation of utilities, erection of struc tures, and improvements to the s ite (e.g. landscaping, fencing and placement of berms). Maintenance, repa ir, and servicing of equipment are not c onsidered construction activiti es. The occasional use of temporary equi pment such as portable grinders and screens to process materials as part of site operations is not considered construction activities.
51. Hours of Construction: The pe rmittee shall restrict outdoor construction activities to the period from 7: 00 a.m. to 6:00 p.m. or sunset, whichever is later, Monday through Sunday. The RPD may administratively adju st the hours of construction described in t his Condition. Such adminis trative adjustments are subject to the following requirements:
a. This action shall be taken only after consultation with the permittee and the LEA.
b. To shorten the hours of constr uction, the Director shall fin d that the changes are needed to mitigate substantial noise, traffic, or s imilar impacts arising from the operation of the facility which were n ot known when this CUP was adopted. To extend the hours of construction, the Director sha ll find that the longer hours wil l not cause traffic, noise, glare, or similar impacts of facility ope rations to substantially increase in the vicinity.
52. Construction Exemption Requ est: The permittee may request i n writing, and the RPD may grant, exemptions to Condition 51 for specific times for cause.
53. Debris Recovery Program: At least 15 days prior to the issuance of a building permit the developer shall demonstrate compliance with t h e debris recovery program, which requires at least 65 percent of the jobsite debris generated by construction pr ojects of 5,000 square feet or greater to be recycled, or otherwise diverted from landfill disposal.
Res. No. 22-18
54. Future Construction: No fu rther construction is authorized two years after issuance of CUP permit. If permitt ee requests in writing, the R PD may grant, an extension to construction for a specified additional time period.
55. Equipment Activity and Maint enance: The permittee shall mai ntain Facility equipment in optimum working order . Equipment shall be shut off w h e n not in use with the exception t hat engines shall be allowed to idle for up to 5 minutes (as required by the California Airborne Toxics Contro l Measure Title 13, Section 2485 of Calif ornia Code of Regulations [CCR]) .
Maintenance records, subject to review by both the City, shall be kept on all pieces of facility equipment.
56. Containment Features: Vehicl e washing areas and maintenance structures shall be designed to ensure containment of liquids. All liquids collected from these areas shall be treated as required by WCCS D or other applicable regulations. T he Plan shall be updated as need ed in accordance with the approved RFI.
57. Lighting: Sufficient lighti ng shall be provided to allow fo r safe working conditions during non-daylight hours. The permittee shall desig n and locate the lighting system to r educe glare and to not substanti ally impact area land uses. The permittee sha ll install directional shading on all outdoor lamps for night operatio n. In addition, focused securit y lamps with directional shading shall be installed as necessary. To conserv e energy, the permittee shall utilize LED lamps where such use meets oper ational safety standards and is feasible, and where LED lamps would pro vide equal levels of illumination. Incandescent lamps may be retaine d in operations areas where illuminat ion levels generated by prevail ing LED technology would be inadequate to protect worker health and safety.
58. Exterior Lighting: Prior to issuance of any building permit , the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct light is conf ined to the property and is sat isfactory to the Community Development Director or his/her designee. Fixtures sh all 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 r oof. No lights shall be greater than 3,000k LED.
59. Transportation and Circulati on Plan: The permittee shall co mply with the WCCSL Transportation and Circulation Plan. The Plan shall detai l the on- site circulation including par king, vehicle storage, and queuin g areas. If adjustments to the WCCSL Transportation and Circulation Plan ar e required to accommodate permittee’s operations, permittee shall b e required to make the adjustments, subject to WCCSL and RPD approval.
Res. No. 22-18
60. Access Route: Access to and from the Facility site shall be , by vehicle type, via the following routes: (a) Commercial and recyclables haulers from I-80 from the north, Richm ond Parkway, and Parr Boulevard: from the south - I-580, Castro Str eet, Richmond Parkway, and Parr Bo ulevard.
The permittee shall specify use of the above prescribed routes in all 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 t hese prescribed routes is allo wed if detour routes are in force.
61. Zero Emission Vehicles: The property owner/tenant/lessee sh all make all reasonable efforts to procure zero emission vehicles/trucks. In the event that there is a disruption in the manufacturing of zero emissio n vehicles/trucks or that sufficient vehicles/trucks are not comm ercially available for the intended appli cation, the “clean fleet requir ements” may be adjusted as minimally as possible by the RPD to accommodate the manufacturing disruption or unavai lability of commercially avai lable vehicles/trucks. The property owner/tenant/lessee shall provide a l l necessary documentation describing efforts made to meet clean f leet requirements as part of any adjustment request. The RPD staff m ay seek the recommendation of the Californi a Air Resources Board in det ermining whether there has been a manufacturi ng disruption or insufficie nt vehicles/trucks commercially available for the intended application.
62. Site Services and Utilities Plan: The permittee shall maint ain a Site Services and Utilities Plan, with components listed below.
63. Fire Protection Component: The permittee shall maintain a F ire Protection Component for the Facility meeting the requirements of the Richmond Fire Department (RFD) to contain and extinguish fires originating at the facility.
The program shall be subject to the approval of the RFD and RPD 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 su pply, flow requirements, water storage, fire breaks, earth piles and compost operation requirements.
b. Fire apparatus water supply co nnections, extinguisher types and 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: The permittee shall a pply to and obtain from the RFD any Department or District permits and/or a pprovals which may be required to comply with Fire Code requirements.
Res. No. 22-18
65. Emergency Equipment Access: The permittee shall designate a ccess points and routes for local fire protection agency access to al l parts of the facility. The access points shall be included in the Site Desig n Plan and Fire Protection Component and shall be subject to the approval of the RFD or CC/WCFPD.
66. Load Inspection: The permittee shall check incoming loads f or smoking or burning materials and potential pollutants 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 e f f o r t t o use reclaimed wastewater, should it become available, for daily operations. Any proposal to use r eclaimed wastewater shall comp ly with all applicable City water conservation ordinances. The permitte e shall report on this matter to the RPD.
69. Water Conservation Measures: The permittee shall incorporat e water conservation measures into the construction and landscaping of the site.
These measures shall comply with all applicable City water cons ervation ordinances and be consistent with East Bay Municipal Utility Di strict (EBMUD) policies and guidelines.
70. National Pollutant Discharge Elimination System Compliance : The permittee shall be required to com ply with all rules, regulatio ns, and procedures of the National Pollut ant Discharge Elimination Syst em (NPDES) for municipal, construc tion and industrial activities a s promulgated by the California Stat e Water Resources Control Boa rd, or any of its regional water quality control boards (San Francisco B a y - Region II). These permits require the permittee to eliminate no n- stormwater discharges to storm sewer systems; develop and imple ment a stormwater pollution prevention plan (SWPPP); and, develop and implement an appropriate monitoring program (MP). The Stormwate r Pollution Prevention Plan (SWPPP) and the Monitoring Program (M P) shall become part of the Final Development and Improvements Plan.
71. Surface Drainage System: T he permittee shall prepare and im plement a plan for conveying surface drainage water, e.g. rain water, fro m the facility site to flow into the siltation control basin located behind (e ast of) the Golden Bear Waste Recycling Cent er. The system plan shall be in cluded in the FDIP, shall be reviewed and approved by the RPWD, and ma y be updated as needed in accordance with the approved RFI.
Res. No. 22-18
a. The permittee will maintain adequate drainage control at the property in accordance with the requirements of the SWPPP. The drainage control system shall prevent ponding conditions. b. All areas subject to vehicula r traffic or equipment shall al low ready access during all weather conditions.
72. Drainage Requirements: This development shall conform to th e requirements of the site’s NPDES Industrial General Permit.
73. Seismic Design: The structu res, drainage features, operatin g equipment, and all other facility components (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 shal l provide substantiation to this effect in the Final Development and Impr ovements Plan. The permittee shall submit to the RPD for their review an d approval facility designs, which shall be prepared by an independent reg istered geotechnical engineer and a structural engineer, that will demonstrate that the facility (e.g. all structures, berms, equipment, and materi als/waste storage) will withstand the desig n earthquake, including the po tential loss of foundation support resulting fr om liquefaction of subsurface material and the potential impact from waste or soil settlement.
74. Post-Earthquake Inspection: The permittee shall inspect the p r o j e c t s i t e following an earthquake of such magnitude to have caused damage to the facilities. The post-earthquake in spection report shall be subm itted for review and approval to the RPD and other appropriate agencies. The permittee shall make all necessary repairs needed to assure the safety of employees and facility users prio r to recommencing operation of t h e facility.
75. Prevention of Air Quality Deterioration: The permittee shal l comply with the terms of the Authority to C onstruct and Permit to Operate i ssued by the BAAQMD.
76. BAAQMD Regulations: To the ex tent that any air quality regu lation contained in these conditions of approval conflicts with the re gulations of the BAAQMD, the regulations of the BAAQMD shall govern.
77. Odor Prevention and Management Plan (OPMP): During the cons truction phase of the Project, the operati onal Odor Prevention and Manag ement Plan (OPMP) shall be developed and implemented upon commissioning of the renewable fuels processes, intended to become an integrated part of daily operations at the Facility and other sites, so as to prev ent any objectionable offsite odors and effect diligent identification and remediation of any potential objectionable odors generated by t he facility and associated sites. The plan s hall outline equipment that is in place and Res. No. 22-18
procedures that facility personnel shall use to address odor is sues, facility wide. The OPMP shall include continuous evaluation of the overall system performance, identification of t rends to provide an opportunity f o r improvements to the plan, and updat ing the odor prevention and management strategies, as necessary. This plan shall be retaine d at the facility for City or any other government agency inspection upo n request.
The following practices shall be included in the OPMP to reduce t h e 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 evaluate the effectiveness of odor control equipment and operation of the facility.
b. The OPMP shall include guidance for the proactive
identification and documentatio n of odors through routine employee observations, routi ne operational inspections, and odor compliant investigations.
c. Inspections to be conducted on a semi-annual basis.
d. If there are fewer 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.
e. If there are more than five confirmed complaints in any single year, then the applicatio n 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 practical within the confines of proper safety protocols and site logistics. The goal of the investigation will be to determi ne if an odor originates from the facility and, if so, to determine the specific source and cause of the odor, and then to remediate the odor.
78. OPMP Report: Prepare an annual e valuation report of the ove rall system performance, identifying any trends to provide an opportunity f or improvements to the plan, and updates to the odor management an d control strategies, as necessary. The report shall be provided to the City for review and approval.
79. Cleanup: The permittee shall undertake immediate cleanup of on-site spills that are a source of pollutants.
80. Air Quality Monitoring: If required by the Bay Area Air Qua lity Management District (BAAQMD), the permittee shall install air q uality monitoring devices' and establish an air quality monitoring pro gram. The installations shall be shown in the Final Development and Impro vements Plan. If excessive air pollution is determined to be occurring, the permittee Res. No. 22-18
shall make whatever installations or operations changes that th e BAAQMD may specify.
81. Public Health and Safety: T he permittee shall manage the fa cility in a manner which does not impair the public health and safety of pe rsons 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. Th e plan shall include an Emergency Plan component to protect the facili ty and its employees from harm, and to protect the human health off-site i n the event of an emergency. This plan may be updated as needed in accordance with the approved RFI.
83. Regulation Compliance: The pe rmittee shall comply with all design measures, safety precautions and emergency response procedures as required by federal, state; and lo cal laws and regulations; fed eral, state, and local agencies; and these Conditions of Approval.
84. Emergency Response Procedure: The permittee shall implement on-site and off-site emergency response procedures as outlined in the Emergency Plan, immediately upon a spill, release, explosion, o r fire event.
85. Employee Training: The permittee shall develop and implemen t training and subsequent refresher training programs covering accident pr evention, safety, identification and handli ng of hazardous materials, fir st aid, and instruction for use of equipment. The programs shall be subjec t to the approval of the RFD and may be updated as needed in accordance with the approved RFI.
86. Employee Safety Equipment: The permittee shall provide or r equire employees to provide safety equipment, such as safety glasses, hard hats, safety shoes, gloves, coveralls, and noise reducers as ma y be required by union contract, state and federal safety agencies, and the RFD.
87. First Aid Equipment: The permi ttee shall provide and mainta in supplies located in easily accessible areas. The first aid supplies shal l be consistent with Occupational Sa fety and Health Administration requirements and subject to the approval of the RFD.
88. Emergency Communications: The permittee shall provide radio phones or telephones for employee use to c all for medical and other emerg ency assistance. Phone numbers to use for outside emergency assistance shall be clearly posted in the work areas. The communications system shall be subject to the approval of the RFD.
Res. No. 22-18
89. Equipment Maintenanc e Program: Pursuant 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 p ermit)), City shall authorize and through an agreed upon maintenance program will authorize an Annual Provisional C onstruction Permit (APCP) for activities related to work on existing systems and equipment installations containing flammable, combustible and or haz ardous materials at the Facili ties that would otherwise require an indi vidual fire construction permit under the California Fire Code. When approved by the Fire Marshal, the A PCP may also include other components incl uding but not limited to devi ces, equipment, piping, and tubing wit hin research and development l ocations only which convey or contain combustible, flammable, or hazardo us materials that would otherwise r equire an individual fire const ruction permit.
90. Hooded Flare: The flare sha ll be hooded, unless otherwise a pproved by BAAQMD.
91. Hydrogen-Only Production: The project should produce hydrogen only and not any other products.
92. Bicycle Racks: There shall be convenient and secure bicycle parking provided on the project site.
93. Indemnification: The permitt ee agrees, on behalf of himself , his successor in interest and assigns, to def end, indemnify, and hold harmles s the City, its Council, Planning Commission, Design Review Board, advisory boards, officers, employees, consultants and agents (hereinafter "City" ) from any claim, action or proceeding (her einafter "Proceeding") brought against the City to attack, set aside, void or annul the City's actions reg arding any development or land use permit, application, license, denial, a pproval or authorization, including, but not limited to, variances, use pe rmits, developments plans, specific plans, general plan amendments, zo ning amendments, approvals and certific ations pursuant to the Califo rnia Environmental Quality Act, and/or any mitigation monitoring pro gram, or brought against the City due to acts or omissions in any way co nnected to the permittee's project, but excluding any approvals governed b y California Government Code Secti on 66474.9. This indemnificatio n 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 expenses incurred in connection with such proceeding whethe r incurred by permittee or City. If permittee is required to defe nd the City as Res. No. 22-18
set forth above, the City shall retain the right to select the counsel who shall defend the City.
I certify that the foregoing Resolution was adopted by the Planning Commission of the City of Richmond at a meeting held on December 15, 2022, by the following vote:
Ayes: Chair Tucker, Vice-Chair Harrison, Secretary Brubaker, Commissioner Soofiani
Noes: None.
Absent: Commissioner Loy, Commissioner Agarwal
Abstain: None
DAVID TUCKER
Planning Commission Chair
Approved as to Form:
JAM^WNCIO
Senior Assistant City Attorney
David A Tucker