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).
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.