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HomeMy WebLinkAbout03-31-2015 Public Comment Felsman (2)Lomeli, Monique Subject: FW: Bunyon Brothers Ad Hoc Composting Facility Green Waste Permit and Illegal Grading. Attachments: Bunyon Brothers Illegal Grading and Adhoc Composting Facility Permit Letter 3 March 31.pdf COUNCIL MEETING: ITEM NO.:I�I? Y +MDI_ MAR 3 1 .201 From: Gary Felsman General [mailto:backpackingaryi o gmail.com] Sent: Tuesday, March 31, 2015 8:08 AM To: Art Trinidade; Pau I.Saldana0)CalRecycle.ca.gov Cc: E -mail Council Website; plannina(abco.slo.ca.us; vshelby(aDco.slo.ca.us; cmckee()co.slo.ca.us; hmiller0)co.slo.ca.us; jbrennan(abco.slo.ca.us; icaffeeCaco.slo.ca.us; Johnson, Derek Subject: Bunyon Brothers Ad Hoc Composting Facility Green Waste Permit and Illegal Grading. Dear Art and Paul Saldana; I have attached a letter concerning the AD HOC Composting Facility being created by the Bunyon Brothers. I talked to Mary Lou and she indicated the County does not have control over the permitting process. It is my understanding the Bunyon Brothers still have to get all the required documents, GIMP, Environmental review and much more before a permit can be issued. The County and City of SLO, Integrated Waste Management Board will have a say in the process including the public if they so choose. Please read the enclosed letter for my comments, a bit of history and recommendations on the project. Please review the document at pass it along to the appropriate individuals including CalRecycle. Sincerely, Gary Felsman San Luis Obispo, CA 93401 4oCY65i This email has been checked for viruses by Avast antivirus software. W1, www.avast.com March 31, 2015 Art Trinidade Code Enforcement Supervisor San Luis Obispo County 976 Osos Street Ste 300 San Luis Obispo CA 93408 (805) 781 -5705 Subject: SLO County Enforcement Action against Ad Hoc Bunyon Brothers /Perozzi Greenwaste Composting Facility and illegal Grading Violations Dear Mr. Trinidade: I want to thank you for responding to my code enforcement inquiry on the Bunyon Brothers /Perozzi Green Waste Project. I was happy to hear that there is an ongoing investigation on this. Since then I have had time talk to my neighbors to discuss the project and digest what you sent me. None of my neighbors were happy about the situation. On the surface it appears the actions being taken by the County may actually be benefitting the violators instead of being stopped, fined or both. Thus I have recapped what I know of the events and have proposed some solutions or recommendations on how to proceed from here. A Brief History of the Events In early 2014, it came to light to local neighbors and the City of SLO that the Bunyon Brothers /Perozzi's had applied for a Green Waste Composting Facility Permit. Reference Permit: Application: Bunyon Brother /Perozzi Green Waste Composting Facility (DRC2005- 00211) The permit request went through a complete review and was heard at the SLO County Planning Commission, then was continued so more information could be gathered. On March 24th, 2015, the applicants pulled their CUP permit application and withdrew their Full Composting Permit with CalRecycle. This was just before the second hearing on March 27th, 2014, There was so much wrong or invalid information in the application, the environmental review, OIMP and the number of project opponents including the City of San Luis Obispo, there was no way for them to continue without further analysis or expense. Since that time the Bunyon Brothers /Perozzi's have taken a deliberate action to move ahead with the grading and construction of the Greenwaste Composting Facility ignoring the permitting, planning, review and approval process required by the County of San Luis Obispo and CalRecycle. At some point, either the County noticed the work or someone turned them in after a significant amount of work was done. Our local neighborhood also saw the work. When I inquired with County Code Enforcement about the issue, I got the e-mail below. Page 1 of 4 Mr. Felsman: We share your concern and already have an open investigation on this and the adjoining parcels. At this time we are consulting with the State (CalRecycle) on the green waste site as they are the regulatory agency and have a current license for the composting. The grading is being addressed by the owner as rangeland rehabilitation and we are reviewing their application. Feel free to contact me with questions. Art. Art Trinidade Code Enforcement Supervisor San Luis Obispo County 976 Osos Street Ste 300 San Luis Obispo CA 93408 (805) 781 -5705. Based on this it appears the County is going to allow the road improvements and other activities under the guise of a Rangeland Rehabilitation Permit. From what I can tell this permit is going to allow them to build almost the entire infrastructure needed to host a Green Waste Composting Facility. The view from Islay Hill seems to confirm this already. Second, the County is consulting with the CA- Recycle Agency. I can only assume that this action is to potentially expand the current permit on File. On the surface this seems to be working to rewarding the Bunyon Brothers /Perozzi's for their actions. Though not required according to the MOU between the County and City of SLO, as code enforcement actions are not specifically in the MOU, I would have assumed the County would still reach out to the City of SLO based on their past comments and concerns about this project. The City only learned about this violation, on March 26th, 2015, after I contacted them. They have since been in contact with the County to express their concern. During the 2014 permitting process, I was told by John Ashbaugh, that the County is looking for a suitable location for a Greenwaste Composting Facility. The County as the lead agency should be working with other local Agencies and individuals on this effort to determine the best location for a facility of this type, The Bunyon Brothers /Perozzi Site is not the best site. It is too close to the City of SLO and the country homes surrounding the site. There are over 2000 people living in the area now with another 1000+ people as part of the Orcutt Expansion Area for the City of San Luis Obispo. Page 2 of 4 Conclusion In conclusion, I am asking you to not approve, the expansion of, or creation of, the Bunyon Broth ers/Pe rozzi Green Waste Composting Facility. There are too many environmental effects, traffic problems, safety concerns, incomplete OIMP and the potential financial impact to home values around the facility if it is approved. These are my recommendations for the current code enforcement violation and actions for the future for the Bunyon Brothers /Perozzi's, County of San Luis Obispo and the City of San Luis Obispo to help find a suitable place for Green Waste Composting Existing Road and Grading Work: Unfortunately, there is no way to remove what they have done. You may be able to revegetate some areas. They need to get the required permits to satisfy all the improvements they made without permission, bring them up to code level if not already, work to revegetate /restore what they can. It should not include any additional improvements other than what was done without a permit. The Bunyon Brothers /Perozzi should pay a fine as they knowingly violated County planning building and grading requirements. All work on this project including enforcement needs to be strictly reviewed and at the expense of the applicant. 2. Cease and Desist Order: The County should issue a Cease and Desist Order to the Bunyon Brothers /Perozzi's to prevent any further grading and composting on the Site. Any composting material should be removed and moved to a site that is legally permitted to handle such waste. 3. Find an Appropriate Green Waste Facility: The County of San Luis Obispo needs to take the lead to find a proper location for such a facility if it is desired on the West Side of Cuesta Grade. a. Cold Canyon Land Fill, a technologically advance facility, used to have a green waste permit but have chosen to shut down because they were unable to meet the requirements in the OIMP in a much less populated area.' b. The Bunyon Brothers /Perozzi Site is in a much higher density location with 1000's of people in the surrounding area. It is clearly not the proper location. c. Chorro Valley may have potential location behind Camp San Luis or El Chorro Regional Park. It has easy access from Highway 1, good buffer zones and significantly less population. 4. Bunyon Brothers /Perozzi Green Waste Composting Permit: If the Bunyon Brothers /Perozzi's still wanted to pursue a Composting Permit. The applicants must go through the complete planning process and hearings, not through a Code Enforcement 1 CalRecycle - Cold Canyon Landfill 5 Year Permit Review 8 -26 -2014 Page 3 of 4 Action. There is too much at stake to do this any other way. The County and the applicant need to review all the past reports, analysis, comments and opposition to this type of operation before deciding to move forward. San Luis Obispo County Reference Permit Application: Bunyon Brother /Perozzi Green Waste Composting Facility (DRC2005- 00211) CalRecycle Facility /Site Summary Details: Bunyon Bros Greenwaste (40 -AA- 0048): The current permit allows for Grinding and Chipping a total of 200 Cubic yards /day with yearly maximum of 5,000 Cubic yards. Maximum on site load 12,500 Cubic yards, 2.5 years of production material. Surrounding Land Use — Residential2 5. Conservation Easement and Ranching Operations: I welcome normal ranching operations such as grazing and dryland farming. The Ranch Owner might want to explore the values of an agricultural easement or conservation easement to see how it might benefit him, his family and future generations that will live or work on the property. He should be introduced to Bob Hill, City of SLO Natural Resources Manager to help explore this option. 6. County and City of SLO MOU Addition: Lastly, the County and City needs to expand their MOU agreement to include Code Enforcement Actions. The Code Enforcement Action against the Bunyon Brothers /Perozzi has gone too far already without input from other individuals and agencies. Please add my name to any mailing list, notifications of continued actions, staff reports, or meetings on this subject. Thank you for listening and your time. Sincerely, Gary Felsman San Luis Obispo, CA 93401 Cc: San Luis Obispo County Planning and Building Director, San Luis Obispo City Council, Derek Johnson — City of SLO, San Luis Obispo County Supervisors, SLO County Planning Commission, Phil Dunmore — Senior Planner City of SLO Z CalRecycle Web Page Page 4 of 4