Planning Commission — Thursday, July 27, 2017

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director Prepared by: Mark Roberts, Associate Planner DATE: June 9, 2017 SUBJECT: Request for "Productive Life of the Project" Extension of Time (UPX 17-01) for Use Permit UP 06-23 ATTACHMENTS: 1. Vicinity Map 2. Site Layout 3. Project Description 4. UPX 17-01 Agency Comments 5. Staff Report with Attachments Dated May 10, 2007 6. 1976 Planning Commission Resolution 76-159 7. Lake County Air Quality Management District Permit 8. Conditions of Approval with Amendments I. PROJECT SUMMARY The Geysers Power Company originally requested a thirty year (30) extension of time (UPX 17-01) for Use Permit, UP 06-23. However, according to the California Government Code, Section 65960: "Notwithstanding any other provision of law, if any person applies for approval of a geothermal field development project, then only one permit from the lead agency and one permit from each responsible agency shall be required for all drilling, construction, operation, and maintenance activities required during the course of the productive life of the project, including, but not limited to, the drilling of makeup wells, redrills, well cleanouts, pipeline hookups, or any other activity necessary to the continued supply of geothermal steam to a power plant." Therefore, staff has determined that a "Productive Life of the Project" Extension of Time (UPX 17-01) for Use Permit, UP 06-23 is appropriate. There will be no changes in the operation and/or expansion of the authorized use. The applicant shall continue to be in compliance with all previously approved Conditions of Approval in Use Permit, UP 06-23 and submit Annual Compliance Reports to the Community Development. A use permit was issued December 27, 1976 (Planning Commission Resolution 76-159) to allow Pacific Gas and Electric Company to construct and operate a 138 megawatt geothermal electrical generating facility. The facility is now owned and operated by Geysers Power Company (Calpine) and generates approximately 53 megawatts of power. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Categorical Exemption, Class 1 (CE 17-09) for Use Permit Extension, UPX 17-01 with the following findings: 1. This time extension is for an existing use permit to allow continued operation of an existing geothermal, electric-generating power plant, known as Unit 13. There will be no changes and/or expansion of the authorized use and the applicant shall adhere to the conditions of approval. 2. This project is consistent with CEQA Categorical Exemption, Class 1, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination 3. This project remains consistent with the Lake County General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. 4. There has been no change in the project which would create new significant environmental impacts. 5. There has been no substantial change in circumstances resulting in new significant environmental impacts. 6. This project will not result in any significant adverse environmental impacts. B. Approve the request for a "Life of the Project" extension of time for Use Permit Extension UPX 17-01 for Use Permit, UP 06-23. 1. That the existing, operational geothermal production well facility, will not be detrimental to the health, safety, and welfare of persons residing in the neighborhood, nor to the neighborhood or general welfare of the County and environmental impacts to aesthetics, air quality, biology, geology, hazards and hazardous material, hydrology and water quality, noise, public service, transportation systems will continue to be mitigated by use permit conditions. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project 5. This project is in conformance with the General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. SAMPLE MOTIONS: Categorical Exemption I move that the Planning Commission find this Use Permit Extension is exempt from CEQA because it falls within Categorical Exemption Class 1, based on the findings set forth in the Staff Report dated June 9, 2017. Use Permit Extension I move that the Planning Commission find that the Use Permit Extension UPX 17-01 applied for by Geysers Power Company, LLC on property located at 9635 Socrates Mine Road, Middletown, CA 95461, does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Use Permit Extension subject to the conditions and with the findings listed in the Staff Report dated June 9, 2017. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination