WHEREAS, the Property is subject to the Declaration of Conditions, Covenants, and Restrictions dated September 24, 2010 (“CC&Rs”), by and between the Huy Fond Irwindale, LLC, the City of Irwindale (the “City”), and the Irwindale Community Redevelopment Agency; and

WHEREAS, the Property contains a facility which is used for the production of hot chili sauce commonly referred to as Sriracha (the “Facility”); and

WHEREAS, the Facility has been in operation since approximately 2012; and

WHEREAS, the City of Irwindale (the “City”) has received complaints from approximately thirty (30) residents who have raised concerns about strong odors and other irritating symptoms; and

WHEREAS, these residents have stated that the odor is “aggressive” and “spicy”; and

WHEREAS, these residents have alleged that they have suffered from nosebleeds, swollen glands, a burning sensation of the throat and eyes, and headaches, among other symptoms; and

WHEREAS, these residents allege that these symptoms have been caused by the odors and substances emanating from the Facility; and

WHEREAS, the City hired consultant Soil Water Air Protection Enterprise (“SWAPE”) to investigate these complaints; and

WHEREAS, SWAPE sampled thenty-one (21) locations around the Facility on six separate occasions: 1) on November 6, 2013, during the hours of 5 p.m. and 8 p.m. which was during the grinding season; 2) on two evenings in February 2014 during the hours of 5 p.m. and 8 p.m.; and 3) on three mornings in February 2014 during the hours of 5 a.m. and 8 a.m.; and

WHEREAS, SWAPE utilized a Nasal Ranger Field Olfactometer, which is a portable odor detection and measurement device that determines odor intensity by diluting ambient air with odorless air; and

WHEREAS, the Nasal Ranger Field Olfactometer objectively and scientifically measures the strength of an odor by using a Dilution to Threshold Level, whereby a dilution to Threshold Level of 7 or below indicates that an odor’s strength is minimal and an 8 or higher indicates a strong odor; and

WHEREAS, on November 6, 2013, SWAPE identified two (2) sampling locations with Dilution to Threshold Levels of 15 and one (1) sampling location with a Dilution to Threshold Level of 30…

WHEREAS, these measurements objectively and scientifically confirm that Huy Fong is causing strong odors to emanate from Facility, which has been complained of by residents...