HomeMy WebLinkAboutMINUTES - 08041987 - T.11 TO BOARD OF SUPERVISORS
Harvey E. Bragdon, ^,,,�+�
FRaM Director of Community Development �.ilJl 'l
_ ,Tuly9 . 1987 Costa
DATE*. - 1 .
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Appeal of County Planning Commission Approval. of OHowen Windy
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SUBJECT: Parks, Inc. Environmental Impact Report; Findings and
Conditions of Approval of LUP #2025-85, Byron Area (S.D. V)
SPEC I F I C REQUEST S) OR RECOMMENDATION(S) & BACFQ'aROUND AND JUSTIFICATION
RECOMMENDATION
1. Deny the appeal of People for Open Space, Contra Costa
Greenbelt Congress, Mt. Diablo Audubon, Alameda Greenbelt
Congress, and the Preserve Area Ridgelands Committee and
uphold the Planning Commission' s approval of the Environ-
mental Impact Report as being adequate; and approval of the
project with the conditions as recommended by the Planning
Commission making changes or additions as your Board sees
fit.
2. Deny the project as being environmentally objectionable.
CONTINUED ON ATTACHMENT; _ YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM TION 01680 COMMITTEE
APPROVE OTHER
SIGNATURE(S1:
ACTION OF BOARD ON August 4 , 1987 APPROVED AS RECOMMENDED V OTHER Y
Harvey Bragdon, Director of Community Development, presented a
brief history of the project and the appeal.
The following people appeared to speak in support of the project:
Keith Howard, 1299 Newell Hill Place, Walnut Creek, representing
Antonio & Thelma Souza;
Randall Tinkerman, 1045 Broadway, San Francisco, representing
Wind Park Management;
The following people appeared to speak in support of the appeal:
Mark Evanoff, 512 Second Street, San Francisco, representing
People for Open Space and the Greenbelt Congress;
Dale Sanders, 1158 Zengale, Pacheco, representing Contra Costa
Greenbelt Congress;
Margaret Jory Tracy, 1262 Madison Avenue, Livermore, representing
Preserve Area Ridgelands Committee;
Bob Walkor, 545 Clayton, San Francisco, representing East Bay
Area Trails Council;
Michael Gleason, People for Open Space;
Alan Bradford, Route 1, Box 6A, Byron;
The following person submitted comments in Support of' the appeal
for the record but did not speak:
Byron Campbell, Box 2192, Concord, representing Residents for a
Better Contra Costa.
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The public hearing was closed, and the Board discussed the
matter.
Supervisor Torlakson moved approval of the project with the
additional condition that the Zoning Administrator shy'-1 f=n.zlly
notify at least twice during the process but more regularly if there
is a public indicated need for it, all persons on the notification
list for this project to review the findings of the land steward and
other information generated during the study and development process;
and the Zoning Administrator shall gather information and review his
recommendations on the safeguards and conditions on this Land Use
Permit; and Supervisor Torlakson moved to refer to the Community
Development Department the reports given during testimony in this
hearing by Mr. Bradford from Byron that the windmill ordinance is not
being enforced on some existing developments, and the code enforcer
and the Zoning Administrator should investigate these reports and take
enforcement actions where violations exist.
On recommendation of Supervisor Torlakson, IT IS BY THE BOARD
ORDERED that recommendation No. 1 is APPROVED and the appeal of People
for Open Space, Contra Costa Greenbelt Congress, Mt. Diablo Audubon
Society, Alameda Greenbelt Congress and the Preserve Area Ridgelands
Committee is DENIED and the decision of the Planning Commission
approving Land Use Permit 2025-85 with conditions is UPHELD with
conditions as amended by the Board of Supervisors, Exhibit A attached;
and the matter of windmill operations allegedly not conforming to
ordinance requirements is REFERRED to the Zoning Administrator for
review.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ? AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOVM.
cc: Community Development (Arthur Beresford) ATTESTED Auaust A , 1987 _
Howden Wind Parks, Inc. PHIL BATCHELOR. CLERK OF THE BOARD OF
Bay Atea Green Belt Congress SUPERVISORS AND COUNTY ADMINISTRATOR
BY O ,DEPUTY
M382117-83
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CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2025-85
1. Development shall be generally as shown on the revised plans dated received
on September 16, 1985 by the Community Development Department, and as-
generally specified by the supplemental application material supplied by
the applicant and these conditions of approval . Development shall be
subject to final review and approval by the County Zoning Administrator
prior to the issuance of grading or building permits. The supplemental
applicant material supplied by the applicant, on which this approval is
based, includes the following:
A. Project plan, prepared by Howden Wind Parks, dated received February
15, 1985.
B. "Land Use Permit Applicant Nature of Request" dated received February
15, 1985.
C. "Supplemental Submittal " dated received June 3, 1985 including Appen-
dices.
D. "Draft Reclamation Plan" dated received June 3, 1985.
E. "Howden HWP-330 Wind Turbine Specifications" dated received June 3,
1985.
F. Archaeological Report of Site prepared by Holman & Associates dated
received May 16, 1985.
G. A reconnaissance survey of rare or endangered plants and animals on
site by Bio-Systems Analysis, Inc. dated received May 16, 1985.
H. Letter dated received May 14, 1985, from Bio-Systems Analysis, Inc. ,
stating that primary zone encompassing the golden eagles nest will be
staked before construction begins.
I . Letter, dated received July 1, 1985, from Howden Wind Parks Inc. , with
attached letter from a registered professional engineer certifying the
rotor safety of the wind power generator.
J. Letter from Howden Wind Parks, Inc. , covering interconnection negotia-
tions with Pacific Gas and Electric Company.
2. The maximum number of wind turbines approved by this permit for this wind
powered electrical generator facility shall not exceed 107; 60 wind
turbines may be built in Section 25, T1S-R2E and 47 machines on Section
31T1S-R3E. This number may be reduced by the Zoning Administrator after
review of the results of botany, wildlife and archaeological studies of the
section. Any machines built in Section 31 shall be approved by the Zoning
Administrator after reviewing the results and recommendations of botany,
wildlife and archaeological studies of that section. Machines within the
protected zone around the Golden Eagle nest shall not be constructed until
the State Department of Fish & Game and the U.S. Wildlife Service determine
jointly that the nest is no longer in use. (Resources and sensitive areas
in Section 31, especially, are an overriding consideration which calls for
conservative decisions in the protection of that setting. )
2.
A. There will be dedicated to the County a conservation easement over the
entire area involved in the application. It would permit only the
specific wind machines and service roads shown on the approved plans
as well as the agricultural structures and agricultural use of the
land.
B. On the basis of studies completed and those still to be done, the
Zoning Administrator will designate special sensitive areas in which
any and all construction will be prohibited. (See Appendix B of EIR,
Supervisor Torlakson's memorandum dated January 14, 1986. )
3. Several additional studies shall be completed prior to issuance of a grad-
ing ,or building permit. The studies shall be reviewed and approved by the
Zoning Administrator.
A. A sensitive plant survey shall be conducted, preferably in early May
when many sensitive species have flowers. The study shall be
conducted between April 15th to May 15th by a competent botanist
familiar with California native plants and submitted for the review
and approval of the Zoning Administrator prior to any grading on the
site.
B. An invertebrate study of the project site by a qualified scientist
expert in the subject field. The study shall include mitigation
measures that should be taken if any are needed as a result of this
project.
C. A kit fox survey of any proposed road alignments and turbine pads.
The survey shall be done within 45. days of planned construction. The
report shall be proposed by a competent expert in the field and be
submitted to the U. S. Fish and Wildlife Service and State Department
of Fish & Game for their review and comment.
D. An archaeologic report shall be submitted that presents results of
surface and subsurface investigations of road corridors and turbine
pads shown on approved plans. The report will be subject to review by
an archaeologist acting on behalf of the County. The report shall
include recommendation of alignment of any roads in sensitive areas,
data recovery and/or protection measures needed.
E. All interested parties shall be informed directly or by mail that the
above studies are available in the public record.
4. After notice as provided for the initial hearing, this matter may be set
for hearing on the 5th annual anniversary of initial approval and on subse-
quent 5th anniversaries for the purpose of modifying any conditions previ-
ously imposed or adding conditions that may be required to guarantee the
continuance of the affirmative findings contained herein. This reconsider-
ation may include the imposition of a requirement for the removal of
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obsolete, abandoned or unused materials or equipment from the premises
affected by this permit or the requirement that appropriate guarantees to
secure such removal be filed and maintained. Any condition modified or
added shall be of the same force and effect as if originally imposed.
Approval is for 30 years.
5. Building permits shall be obtained and construction activity commenced
within three years of approval or this permit shall be of no force or
effect. The project may be built in accordance to an approved phased
construction schedule which shall be subject to review and approval by the
County Zoning Administrator. Construction shall be phased to generally
provide for contiguous development across the subject property.
6. Applicant shall notify the County Building Inspection Department and the
Community Development Department of any tower collapse, blade throw, fire,
or wind turbine generator related injury to a worker.
7. All personnel connected with the project including employees, contractors,
suppliers and concerned public agencies shall be informed of the
possibility of finding archaeological resources (e.g. , human remains,
artifacts, bedrock, bone or shell ) . If during construction such resources
are encountered, all work will be halted within 500-foot radius of the
findings and a qualified archaeologist retained to ascertain the nature of
the discovery. Measures that shall be used on the site and described
below:
A. Roads: Staking and flagging of roads and other areas to be graded
shall be done in all archaeologically-sensitive areas. Prior to issu-
ance of construction permits for these areas, the applicant's archaeo-
logic consultant shall perform a subsurface investigation if needed in
the archaeologist opinion to provide recommendations to mitigate any
damage.
B. Midden Sites: If it is not possible to redesign the plan to avoid
encroaching into midden sites, a layer of protective fill shall be
placed over the site. (General criteria for placement of fill in such
areas is outlined in the DEIR, P. 63. ) If capping proves infeasible,
a program. of data recovery should be instituted, preceded by any
ncessary tests. A plan for recovery shall be submitted for approval
of Contra Costa County, and the plan shall be referred to Native
American organizations for their comments prior to approval .
C. Cove, Rock Shelter and Bedrock Motor Sites: If avoidance is not
feasible, a program of data recovery, preceded by any necessary test-
ing is warranted. As mentioned above, any data recovery program shall
have the benefit of Native American review. A detailed research
design, complete with explicit research questions shall be a part of
any data recovery plan.
4.
D. Rock Art Sites: Subject to review of a qualified archaeologist, a
screen of suitable native trees or bushes shall be placed up wind of
coves that contain Indian drawings. The archaeologist shall explore
and recommend other means to help protect the Indian drawings.
E. Construction Related Problems: Implementation of the following
measures would reduce the potential for inadvertent damage by
construction workers:
1) Plans shall clearly mark parking areas, equipment storage areas,
spoils areas, etc.
2) Crews shall be. instructed regarding avoidance of sensitive areas
on the site.
3) Construction contracts shall contain a penalty clause for any
encroachment into sensitive area.
4) If deemed necessary by the applicant's archaeologist, temporary
fencing and signing shall be installed to prevent accidental
encroachment by men and equipment.
5) If unanticipated cultural resources are encountered during
construction, work shall be stopped within 500 feet of the find
until a qualified archeologist has observed field conditions and
reported his findings and recommendation to Contra Costa County.
6) Visitors to cultural sites shall be discouraged.
8. All personnel connected with the project shall be informed of the possi-
bility of encountering San Joaquin Valley Kit Fox dens. If a den of the
San Joaquin Valley Kit Fox is encountered on site, construction activities
shall not be undertaken within 100 yards of den location and the Department
of Fish and Game in Yountville shall be contacted within 24 hours of
discovery. Construction within the 100-yard zone shall resume only in
compliance with the protection measures described by the Department of Fish
and Game.
Measures to mitigate impacts on the kit fox are as follows:
A. Holes or trenches greater than 2 feet deep shall be covered or closed
at the end of each workday.
B. All food-related trash shall be disposed of property off-site.
C. Dogs and other pets shall not be allowed on-site. .
D. Rodenticides and herbicides shall not be used for or because of this
project.
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E. The boundary of all areas to be graded shall be staked and flagged,
and within this area a survey shall be performed by a qualified biolo-
gist to verify that no kit fox dens are within the disturbed area.
F. A 1/4 mile setback from pupping or natal dens is required during the
pupping period (December 15 - May 15) .
G. Dens destroyed by construction shall be replaced with artificial dens.
H. No Kit Fox Dens shall be destroyed unless the C.D.F.G. and U.S.F.W.S.
are first notified and required permits granted.
9. All personnel connected with the project shall be informed of the possi-
bility of Golden Eagles being located in the area. Measures to mitigate
the impacts of the project are as follows:
A. No construction shall take place in Section 31 from January through
July.
B. The radius of the setback from the possible Golden Eagle nest shall be
1/2 mile line of site to the nest and 1/4 mile buffer zone where
topography screens views of the project from the nest.
C. The road through the center of Section 31 shall be eliminated for use
by wind power related vehicles.
D. A locked gate shall be installed to prevent any unauthorized personnel
easy access to Section 31.
E. Vehicular access to the _south-west quadrant of Section 31 shall be
from the U. S. Wind Power Project subject to Zoning Administrator
review and approval .
F. Electrical lines shall be designed to prevent electrocutions and leave
the top 20-30 inches free of wires to that eagles can perch safely.
Provide perches on every fourth pole.
G. Howden employees shall stay out of Section 31 except when work
requires them to be on site.
10. Prior to issuance of building or grading permits, the applicant shall
prepare and submit a drainage, sedimentation and erosion control plan for
review and approval by the County Community Development Department, County
Flood Control and Water Conservation District, County Building Inspection
Department and the Public Works Department. The plan shall be in accor-
dance with standard engineering practice; all cut and fill slopes along
roadways, wind turbine and building si.tes shall be hydroseeded with species
that are compatible with existing plant species.
6.
A. Hydroseed mixtures shall include seeds of the native bunch grass.
Trees shall be preserved.
B. Construction equipment shall be restricted to areas proposed for
construction. Motor vehicles shall remain on roads.
C. The area within 200 feet of the Palmer Oaks shall be staked and
flagged as a warning to construction crews.
D. Blocky bedrock, encountered during grading should be piled at the
surface near the area of excavation.
E. Stream channels should not be disturbed, except for properly
constructed culverts. There shall be no earthwork within 100 yards of
vernal pools.
F. Surface water from the site shall not be used for dust suppression.
11. Subject to the agreement of property owner, permittee and the Zoning Admin-
istrator, A Land Steward or Land Stewards shall be appointed to monitor and
report on compliance with conditions involving wildlife, vegetation ( i .e. ,
grasslands, plants, shrubs and trees) , distinctive rock formations and
archaeologic and cultural resources protection. This shall be accomplished
prior to the issuance of any building or grading permits on Section 31 and
the southern half of Section 25. The land steward shall be given access to
the site to monitor the sensitive habitat areas. Monitoring shall be
continued after permits for grading and construction are granted for five
years after the project is in operation. During the five year period, the
Land Steward(s) will present to the Zoning Administrator and other inter-
ested parties an annual report of compliance with conditions of approval
along with recommendations for action. If the Land Steward recommends
additional mitigations or conditions for the project, they shall be
reviewed and approved by the Zoning Administrator. The applicant will be
responsible for any compensation for the Land Steward(s) and for operating
expense, if any.
12. Prior to construction, permittee shall have their plans approved by the
State Department of Forestry as being in accordance with the regulations
administered by that Department.
13. The applicant shall make a reasonable attempt to maintain the telephone
numbers of the inhabitants of all adjacent properties and give timely noti-
fication to same in the event of an on-site fire.
14. A comprehensive general liability insurance policy shall be maintained dur-
ing the term of this permit. Evidence of such coverage shall be filed with
the County prior to issuance of any permit implementing this conditional
use permit.
7.
15. Wind turbine structures shall be of neutral , non-reflective colors. Colors
shall be subject to review and approval by the County Zoning Administrator.
Colors of the turbines, turbine blades and towers shall be such that they
blend with the surroundings as much as possible.
16. Zero foot setback variances are granted for the north, south, west and east
boundaries of Section 25 T1S-R2E M.D.B. E.M. and a 0-foot setback for the
north and east boundaries of Section 31 T1S-R2E M.D.B.E.M. Zero foot set-
backs will be granted for the south boundary of Section 25 and the west and
south boundary of Section 31 if the applicant submits acceptable written
waivers from neighboring property owners and wind power permittees. They
comply with the requirements of Section 26-2.2006 of the County Ordinance
Code.
17. The transmission line between turbines shall be placed underground where
deemed economically feasible. The collector line (single wood pole line)
may be located above ground, as generally shown on the site plan dated
received September 16, 1985, except that the pole line shall be kept out of
the sensitive area outlined in Condition #9.
18. Comply with the requirements of the County Building Inspection Department.
19. Wind turbines and access roadways shall be not built in the vicinity of any
recent landslides and areas with slopes over 25 percent to prevent distur-
bances and degradation of land forms and to limit visual scarring by
cut/fill , retaining walls, trenching and/or vegetation removal .
A. Prior to the construction of, or grading for, the 14 wind turbines in
the north-east corner of Section 25, a grading plan for the road and
turbine pads shall be submitted for Zoning Administrator review and
approval .
B. Prior to approval of the grading permit for the site, the applicant
shall identify spoils disposal areas, and the geotechnical engineer
shall provide recommendations to govern this aspect of the earthwork.
Ideally, soils excavated during grading should be stockpiled and then
used as a dressing over the spoils at the end of construction.
C. An engineering geologist shall observe exposed conditions on cut pads
in the vicinity of mapped faults during grading. The resulting "as
built" geologic map would provide accurate data on fault locations;
provide an opportunity for the geologist to provide supplemental foun-
dation recommendations, if special design features are warranted; and
add to scientific knowledge of the Los Vaqueros fault zone.
REM a
8.
20. The developer shall use the machine proposed (Howden HWP 330/31) . At the
request of the applicant, or at the direction of the County Zoning Adminis-
trator, this matter may be set for hearing to consider substitution of
alternative machines and application of new or modified conditions of
approval to address said substitutions.
21. The FAA and local airport officials (Byron Airport) shall be notified of
the project's location and dimensions prior to commencement of construc-
tion. Project development shall reflect mitigation measures determined
necessary to eliminate interference with air traffic control in the area.
22. Following commencement of operation (initial sale of power) , and on each
calendar quarter of said commencement, the applicant shall submit to the
Zoning Administrator a copy of the Performance Status Report as filed by
the applicant to the California Energy Commission.
23. Prior to the issuance of building or grading permits for each phase of the
project' s construction, the applicant shall provide the State Department of
Water Resources (Attention: Ken Fellows, 1416 Ninth Street, Sacramento, CA
95814) copies of the site plans and grading plans of the proposed construc-
tion. Copies shall also be directed to the Bureau of Reclamation - USBMP
720 (Attention: John Turner, Chief of Planning, 2800 Cottage Way,
Sacramento, CA) and the Contra Costa Water District (Attention: William E.
Seegmiller, General Manager, P. 0. Box H2O, Concord, CA 94524) .
24. The permittee shall submit a reclamation plan for the review and approval
of the County Zoning Administrator. An acceptable security deposit or bond
shall be posted to cover the cost of removal of the wind power generators
and appurtenant facilities. The main road and access roads need not be
reclaimed. The maintenance building may remain provided it is converted to
agricultural use.
25. Prior to the issuance of building or grading permits, a security plan shall
be submitted for review and approval by the County Zoning Administrator.
26. Comply with the County Health Services Department for the establishment of
any individual sewage disposal facilities on the site.
27. Comply with road improvement requirements as follows:
A. Construction vehicles and equipment are restricted to the following
access routes to the site:
1) From the south: I-580 and Vasco Road.
2) From the north: State Highway 4, Walnut Boulevard and Vasco
Road.
3) From the east: State Highway 4, Marsh Creek Road, Walnut Boule-
vard and Vasco Road.
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9.
4) From the west: I-580 and Masco Road.
5) An alternate access route approved by the County Public works
Department and the County Zoning Administrator.
B. Construct the access road as a paved road from the existing edge of
pavement of Vasco Road a distance of approximately 40 feet, configured
to the State Standard for Public Road Intersection (Fig. 7-406.1) , and
install an 18-inch CMP culvert.
C. Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property is available from Vasco
Road.
D. Obtain an encroachment permit from the Public Works Department,
Engineering Services Division, for construction of driveways or other
improvements within the right of way of Vasco Road.
E. In accordance with Section 82-2.014 of the County Ordinance Code, this
development shall conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance, unless exceptions are
specifically granted. The following exception to Division 914 is
permitted for this project:
1) Section 914-2.006, "Surface Water Flowing from Subdivision" ,
provided the applicant maintains the existing drainage pattern
and does not dispose concentrated storm waters onto adjacent
properties.
28. Any proposed wind turbines with,in one mile of Vasco Road and visible from
that road, shall be deleted or moved to another portion of the site accept-
able to the County Zoning Administrator.
29. A $3,000 cash bond shall be deposited to be used in the investigation and
evaluation of valid complaints of excess noise or land use permit viola-
tions. If part of the bond is used, the permittee shall restore the
valance to $3,000. The bond can be deleted on the fifth anniversary if the
record and kilowatt hour production so warrant.
30. In cooperation with the Land Steward(s) the applicant shall conduct a three
year wildlife monitoring program. At the end of the three year period the
applicant shall submit the report to the County Zoning Administrator for
review. If the report recommends additional mitigation measures or
conditions the County Zoning Administrator may require a public hearing to
add, modify or delete conditions of approval . The report shall be distri-
buted to interested agencies or organizations for their review and comment.
10.
31. Rock outcrops and sensitive cultural areas shall be photo documented by the
consulting archaeologist or under his direct supervision. The archaeolo-
gist shall certify that the documentation is a full and complete record.
32. The applicant shall submit an exhibit to the County Zoning Administrator
showing at one scale the location of the wind turbines and the general area
that is archaeologically and biologically sensitive. This shall be done
prior to issuance of building and/or grading permits.
33. Any control building on Section 31 shall be as small as possible. The
location and size shall be reviewed and approved by the County Zoning
Administrator.
34. The applicant shall participate in an archaeological mapping process for
the area.
35. The applicant shall participate in a regional wildlife study of the area by
contribution of a fee not to exceed $10 per acre. The fee will be paid to
Contra Costa County when the study program is prepared.
36. Construct one habitat enhancement structure for salamanders on a stock pond
on the site, selected by the applicant's biologist.
37. The road upwind of the Fairy Shrimp areas shall not be used for wind power
development or operations.
38. Provide wind protection embankments, as needed, at turbine pads to reduce
sediment being blown toward water tanks located in the sandstone outcrop on
the site.
39. The Zoning Administrator shall formally notify all persons on the notifi-
cation list for the project to review the findings of the "land steward"
and other information generated during the study and development process.
This should be done at least twice during the process but more frequently
if involved parties believe there is additional need for joint meetings and
discussions. The Zoning Administrator shall gather information and review
his recommendations on implementing the safeguards and conditions on this
land use permit.
The following statements are not conditions of approval . However, you should be
aware of them prior to requesting building permits on the parcels of this minor
subdivision.
1. Building and grading permits required.
2. A survey may be required to establish property lines.
11.
3. A licensed soil engineer may be required to control grading operations and
to report on the ability of the site to support the improvements antici-
pated.
2/5/87
2/19/87
6/4/87
8/21/87
9/4/87
LUPXI/2025-85C.AB
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