Memorandum
TO: Planning Commission
FROM: Mireya G. Turner, Director
Prepared by: Laura Hall, Senior Planner
DATE: December 12, 2024 (Continued from October 24, 2024)
SUBJECT: Consideration of proposed Major Use Permit (UP 23-05) and Initial Study (IS 23-10) to permit an AG Forest Wood Processing Bioenergy Project, located at 755 E State Highway 20 in Upper Lake (APN 004-010-04)
EXECUTIVE SUMMARY:
Using grant funding from the U.S. Department of Commerce's Economic Development Administration (EDA), the Scotts Valley Band of Pomo Indians (SVBPI) is proposing Major Use Per (UP 23-05) for development of a woody biomass facility (facility) to process and manage forest wood from in and around Lake County. The proposed woody biomass project would generate renewable energy to power the facility which may be available to downstream users in the future. The 42.6-acre parcel is owned by the Lake County Watershed Protection District (LCWPD) who has provided a long-term lease for the five acres to SVBPI.
Forest materials that are pre-processed into large wood chips at 8605 Bottle Rock Road, Kelseyville, (21.2 miles south of the site) would be hauled to the project site at 755 E State Highway 20 in Upper Lake (APN 004-010-04) for additional processing to create “biochar”. The biochar would be transferred back to Red Hills Bioenergy, located at 7130 Red Hills Road, Kelseyville, for use. Please refer to Attachment 1 and the Project Description section of this Staff Report for more details.
Staff recommends approval of the Major Use Permit (UP 23-05) and Initial Study and Mitigated Negative Declaration (IS 23-10) (Attachment 2 with supporting documents included in Attachments 1, 4, 5, and 6) prepared for the project, based on the analysis and findings contained within this Staff Report, and subject to the Conditions of Approval for the project (Attachment 3).
Background and Summary of Continued Item
On October 24, 2024, the Planning Commission reviewed the project and moved to continue the item to the December 12, 2024, Agenda due to not having a full Commission and to give the Community Development Department (CDD) staff and the applicant further time to address community concerns at the next Western Region Town Hall (WRTH) meeting. The October 24, 2024, Planning Commission meeting may be viewed online at: <https://lakecounty.granicus.com/player/clip/748?view_id=1&redirect=true>. All written public comments received as of December 5, 2024, are included in Attachment 7.
The applicant and CDD Staff attended the November 20, 2024, WRTH meeting. Attachment 8 includes the power point presentation that Thomas Jordan provided to community members at the WRTH meeting. Below is a summary of the meeting:
• For community members not familiar with the project and those needing further explanation, the power point included the project plans and further description of the equipment and project was provided.
• To address concerns about how the canopy structure would look when viewed from State Highway 20, a photo was taken from the highway of the applicant’s representative Thomas Jordan who will hold a 24’ pole in the approximate location of the canopy structure. To show perspective of the size and height of the canopy structure relative to the site and existing bramble, a small 3D representation of the site will be prepared and shared with community residents.
• To demonstrate the size of the equipment, Mr. Jordan brought 4 - 8’ long poles and had volunteers from the audience stand at what was the corners of the Artis 100 each holding a pole and then wrapped a line of caution tape encircling the 4 corners. Then repeated the process for the linear accelerator which is slightly longer.
• Five copies of an abstract on Biochar and Soil Properties was made available to anyone interested, and bags of biochar were passed around so the public could visibility see the product.
• A series of questions and answers discussed the following: air quality; truck trips; FEMA flood zones (Attachment 9); Williamson Act contract; cultural and tribal cultural resources; processing of biochar; next steps, etc.
Recommended Action:
Staff recommends the Planning Commission take the following actions:
A. Adopt Mitigated Negative Declaration (IS 23-10) for Major Use Permit (UP 23-05 with the following findings:
1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2.
2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-5.
3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-5.
4. Potential environmental impacts related to Cultural can be mitigated to less than significant with the inclusion of mitigation measures CUL-1 and CUL3.
5. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1.
6. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-6.
7. Potential environmental impacts related to Hydrology can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 and HAZ-1 and HAZ-4.
8. Potential environmental impacts related to Public Services can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-4.
9. Potential environmental impacts related to Transportation can be mitigated to less than significant levels with the inclusion of mitigation measures TRN-1 and TRN-2.
10. Potential environmental impacts related to Tribal Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measure TCR-1 through TCR-3
11. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-5 and HAZ-6.
B. Approve Major Use Permit (UP 23-05) with the following findings:
1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed.
3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use.
4. There are adequate services to serve the project.
5. This project is consistent with the Lake County General Plan, Upper Lake-Nice Area Plan, and Lake County Zoning Ordinance.
6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented.