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4. Solid waste is transferred only once and directly from one covered container or vehicle to another covered container or vehicle so that the waste is never put on the ground or outside the confines of a container or vehicle, before, during, or after transfer. Direct transfer would not include top loading trailers where the solid waste actually leaves the confines of the collection vehicle and is suspended in air before falling into a transfer vehicle; 5. All of the contents of the original transferring container or vehicle must be emptied during a single transfer; and 6. Any waste that may unintentionally fall outside of the containers or vehicles is promptly cleaned up and replaced within the container or vehicle to which it was being transferred. B. Green waste and mixed construction debris shall not be stored outside the confines of the Direct Transfer facility or Recycling facility building. C. The Recycling facility operations shall continue to process only paper, cardboard, glass, cans and plastic, as originally approved. At no time shall municipal solid waste be processed through the Recycling facility. D. Review of this Conditional Use approval shall be provided to the Board of Zoning Adjustments, annually. The review shall address the traffic impacts, noise, odor and emissions resulting from the increased daily tons per day and resulting additional truck trips per day. Noticing for the review shall be extended from the normal 300-foot radius to a 1000-foot radius and shall also be sent to the following interested homeowner's groups: 1. Davis West Neighborhood Group 2. Marina Action Committee E. The approvals granted by the City as a result of this application, as well as the Conditions of Approval, shall be recorded in the office of the County Recorder of Alameda County. F. No application for amendment of the application or Conditions of Approval maybe submitted or accepted for processing by the City unless (i) there is full compliance with all terms of the application and Conditions of Approval; or (ii) the Development Services Director waives compliance with the terms of the application and Conditions of Approval pending application for amendment. G. Pursuant to Zoning Code Section 5-2218, this approval shall lapse on February 15, 2008, unless a) approval of required State and County permits have been issued, coupled with diligent progress evidencing a good faith intent to commence the intended use, or b) a written request for aone-year extension of the use permit is approved by the Zoning Enforcement Official. Agreement to Conditions February 15, 2007 PLN2006-00061 Page 4 of 4