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HomeMy WebLinkAboutUP 13-0003Butte County DepartmeniWDevelopment Services _ �uT tF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o o, 7 County Center Drive o 0 Oroville, CA 95965 0 0 (530) 538-7601 Telephone o'�°/`- " ' o (530) 538-7785 Facsimile C OV NC'1 PROJECT INFORMATION Pr ;ect # t tiro APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Pristine Sun LLC 025 -270 -011 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: 649 Mission Street, San Francisco, California 94105 ( ) - E-MAIL: FAX: stan.battersby@pristinesun.com ( ) - OWNER'S NAME: Charles W. Foote @ G� �S TELEPHONE: (530) 519-8249 �-� ( ) _ ADDRESS: STREET, CITY, STATE, & ZIP CODE: 3961 Larkin Road, Biggs, CA 95917 PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) 2154 Foote I Approximately 3 Acres LOCATION OF PROJECT (major cross streets and address, if any) 3961 Larkin Road, Biggs, CA 95917 ZONE EXISTING LAND USE PROPOSED LAND USE 7ERALPLAN Pasture PV Solar Generator EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT N/A N/A I ❑ Yes ❑■ No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ ADMINISTRATIVE. PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑■ USE PERMIT am,BUTTE ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT r COUNTY ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP FEB 15 2013 ❑ REZONE ❑ VARIANCE E:1GENERAL PLAN AMENDMENT DEVELOPMENT ❑ MINOR VARIANCE SERVICEf, ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) Pristine Sun proposes to construct a 250 kW Photovoltaic Solar Generator System on approximately 3 acres of a 10 acre parcel. OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIF THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of au o i nd ' ude a affidavit with this application.) DATE. 02/15/2013 SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services: Pristine Sun - Stan Battersby ) (269) 757-4011 Print Name of Agent Phone Number 649 Mission Street," San Francisco, California 94105 Mailing Address is hereby authorized to process this application on niy/our property, identified as Butte County Assessors Parcel Number(s) APN 025-270-011 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owncr(s) of Record (sign and print name) Print i acne �) Print Na e Signature „ ignature Print Name Signature Print Name of Applicant (if olher than owner) Print Name of California Civil Engineer/Land Surveyor Mailing Address Print Name Si_nature Signature of Applicant (if outer than o►vner) BUTTE -I COUNTY FEB .15 2013 DEVELOPMENT SERVICES Phone Number it Address 111' 'E . COU)?Tv FEB 1 5 A • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile • BUTTE s COUNTY FEB .15 2013 DEVELOPMENT SERVICES APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT i, Applicant Name: P r i St l n e Sun LLC � 154- Project Number: v () P 0,6002 Check One ❑✓ USE PERMIT ❑ MINOR USE PERMIT APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre -application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district 2. ❑ A completed, signed Project Information Form. 3. ❑ O A complete Project Setting Description (instructions attached). 4. ❑ If thea application is signed b an agent for the owner, an agent authorization form must be pp g Y g submitted along with the application. The application cannot be accepted unless signed by. the owner or authorized agent. 5. ❑ A signed agreement for Butte County Archaeological Resources Project Review by the - Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $75.00 made out to "NEIL". Applicant Planner 6. El Payment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecouniy.net/dds/Planning/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. Applicant's Initials 7. ❑ ❑ A creation document for the project parcel and evidence of current property ownership. 8. ❑ ❑ SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11 "x 17" and norg eater than 24" X 36", folded to 8 '/2" x l 1 ". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. ❑✓ ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. c• ❑ ❑ Proposed use and/or uses of the property. d. ❑ ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. f. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting.) g. ❑ ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. ❑ ❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. I• ❑ ❑ Location, height, and materials of walls and fences (sections may be required). i• ❑ ❑ Internal circulation pattern, if applicable. k. ❑ ❑ Existing fire hydrants within 1000 feet. 1. ❑ ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on adjacent properties. M. ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑ ❑ Any existing faults or fractures and geologic hazards. 2 • C� P- ❑ ❑ Elevation contours, at an appropriate vertical scale. q• ❑ ❑ Indicate at least one route from the property to a publicly -maintained road. r• ❑ ❑ Off --street parkingpursuant to county code. S. ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t• ❑ ❑ All maps must be clear and legible. Applicant Planner 9. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable, provide a proposed landscaping and irrigation` plan on a separate sheet. 11. ❑ ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors or patterns. c. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. ❑ ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. h. ❑ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 • Signature: Applicant/Representative Signature: 2k2&- - " Planner Receiving Application K:\Planning\FORMS\APPLICATIONS\UsePermit_MinorUP.doc Revised 0726/06 0 Date: �/� S%20/3 Date: al— — l3 • 0 From: Michelena, Mark [mailto:MMichelena(&buttecounty net] Sent: Tuesday, February 12, 2013 11:05 AM To: stan.battersby(cbpristinesun.com Subject: RE: New Project Use Permit Fee Good Morning Stan, That is only the Planning Division Fee (which is a retainer and could be more based on the complexity and processing time). A conditional use permit application submittal fee is $6,118.66 (+ $96.25 if in an agricultural zone = $6,214.91). Breakdown: $2,608.00 — Planning (retainer) — Range of Planning Costs on use permits ($2,702.54 to $9,467.04) $2,156.25—California Fish & Wildlife $244.00 — Public Works — Land Development $631.00 — Environmental Health (Pre clearance required — they collect half their fee up front) $114.00—Cal Fire/Butte County Fire (could charge up to an additional $456.00) $163.00 — Publishing (retainer — could be more or less) $124.70—General Plan Maintenance Fee $27.71—Technology Fee $50.00 — Clerk Recording Fee $96.25 — Agricultural Commissioner I hope this helps. Mark Michelena Senior Planner, Planning Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530) 538-7376 (530) 538-2140 Fax mmichelena@buttecountv.net *TTE COUNTY RECEIP! Printed: 2/19/2013 *RECEIPT NUMBER PREFIXES* 8:12 am B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW =Public Works Department (530)538-7681 - Total Fees Paid: $69214.91 Receipt Number: P2370 Date Paid: 2/19/2013 Paid By: PRISTINE SUN LLC Received By: MEM Project Number: UP13-0003 Pay Method: CHECK 1705 Site Apn: 025-270-011 Description: CUP for a Solar Facility Site Address: 3961 LARKIN RD BIGGS, CA 95917 Applicant: PRISTINE SUN LLC Fee Description Account Number Fee Amount AG PLANNING DIVISION STAFF RATE 09 0010-460001-4612200-101001 $96.25 DP CONDITIONAL USE PERMIT -PC MIN. FEE 13 0010-440001-4210900-101001 $2,608.00 DP FISH &AMP; WILDLIFE - NEGATIVE DEC 13 1001-0-280-1011460 $2,156.25 DP GENERAL PLAN MAINT FEE FLAT/MIN 13 0010-440001-4610311-10113311 $117.36 DP GENERAL PLAN MAINT FEE RETAINER 13 0010-440001-204401-101001 $7.34 DP PUBLISHING/LEGAL NOTICES RETAINER 13 0010-440001-204401-101001 .$163.010 DP TECHNOLOGY INVSTMNT FEE FLAT/MIN 13 0010-440001-4610312-101001 $26.08 DP TECHNOLOGY INVSTMNT FEE RETAINER 13 0010-440001-204401-101001 $1.63 DPCR RECORDING FEE - CLERK/RECORDER 13 0010-470001-4612319-101001 $50.00 DPEHLUP USE PERMIT 0021-54001-1-4614901-101001 $631.00 DPFPP USE PERMIT 09 0010-14001-4617240-101001 $114.00 DPLDRF USE PERMIT 09 0010-440004-4611700-101001 $244.00 Total Fees Paid: $69214.91 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING July 25, 2013 Mr. Stan Battersby Pristine Sun LLC 649 Mission Street, 5th Floor San Francisco, CA 94105 Re: UP13-0003; APN: 025-270-011 Dear Mr. Battersby: At the regular meeting of the Butte County Planning Commission held July 25, 2013, your request for a Conditional Use Permit to develop a 0.25 megawatt (MW) (250 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, composed of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3.0 acres in the southwest corner of the 10 -acre parcel was approved with conditions. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 4:00 p.m., Monday, August 5, 2013 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $450.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable outstanding processing fees is required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. 1 of 2 0 • The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. The applicant may request an Extension of Time (Article 34, BCC Section 24-247 C), up to one additional year, with the Zoning Administrator. Enclosed are copies of the Conditional Use Permit with Exhibit A (Conditions of Approval). Your signature is required on the last page of Exhibit A. Please sign both copies and return them to Development Services within 15 days (August 8, 2013) of approval. If the project is not appealed and outstanding fees paid, this signed Use Permit will become effective. You will be receiving a final invoice for processing, publishing and additional Fish & Wildlife Fees in the next couple days. Should you have any questions regarding this matter, please contact me at (530) 538-7376, or by email at mmichelena@buttecounty.net .net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sine rely, ` Mark Michelena, Senior Planner Enc. 2 of 2 NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 25 County Center Drive PO Box 3044 or 1400 Tenth Street Oroville, CA 95965 Sacramento, CA 95812-3044 Sacramento, CA 95814 FROM: Butte County Department of Development Services, Planning Division 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination per Section 21108 or 21152 of the Public Resources Code. AP Number: 025-270-011 Project Title: UP13-0003, CONDITIONAL USE PERMIT —Pristine Sun LLC Applicant: Pristine Sun LLC, 649 Mission Street, San Francisco, .CA 94105 Contact Person: Mark Michelena Telephone Number: 530-538-7376 Project Description/Location: A Conditional Use Permit to develop a 0.25 megawatt (MV) (250 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, comprised of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwestern portion of the 10 - acre site. The project parcel is located on the southwest corner of East Hamilton Road and Larkin Road, at 3961 Larkin Road, northeast of Biggs. State Clearinghouse Number (If submitted to clearinghouse): NA This is to advise that the Butte County Board of Supervisors (Lead Agency) has approved the above-described project on July 25, 2013 and has made the following determinations regarding the above-described project: 1. The project []will, ® will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan ®was, ❑was not, adopted for this project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. 6. Findings® were, ❑were not, made pursuant to the provisions of CEQA. This is to certify that the final EIR, with comments and responses and record of project approval, or the Negative Declaration, is available to the general public at: 7 County Center Drive, Oroville, CA 95965. L IE JUL 3 0 2013 CANDACE..6G I W%C1 Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 UPM n— - Chuck Thlstlethwaffie Date CLERK Planning Manger DEPUTY Department of Development Services DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Pristine Sun LLC 649 Mission Street San Francisco, CA 94105 Project Title/File Number: CONDITIONAL USE PERMIT, UP13-0003 APN: 025-270-011 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. Certificate of No Effect $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ® A. Negative Declaration $2156.25 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2995.25 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. n OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): P2370 2. ❑ NON-PAYMENT: The above fees are required: Chief Planning Official. By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department. of Development Services Date: July 29, 2013 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. i RECEIVED FROM COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT 0R,0VILLE, CA PLANNING BAG # 425 i DEPT/ ATR NO DEPOSIT DATE DEPOSIT AMOUNT $ 97667 2/20/2013 9,398.34 FUND FUND COST ACCT PROJ CASH DESCRIPTION TITLE CODE. CNTR CODE CODE CODE AMOUNT RECEIVED ON: 2120 ~ RECEIPTS: P237 .;P2372 RECEIVED ON: 2119 :FIRE PLNG APPL FEE ($RA} FIRE PROTECTN 0010 -.14001, 4617240 101001. DEFERRED REV:PLNG. GENL 0010 204401 101001 228.00 113.93 r PLANNING APPL,FEES`: GENL 0010- 440001 421090.0 101001 41872.04 GENL PLN MAINT FEE' GENL 0010.• `440001; 4610311 10113311 205.38 TECH MAINT FEE 'DEV, SVCS -GENL- 0010-4. •44000.1 .4610312•. 101001 45:64 LAND DEVELOPMENT ; ` GENL 0010' 440004'. 4611700 101001 896.00 . AGRICULTURAL'F.`EES, GENL 0010 460001 =4612200 - 101001 96.25 NODINOE CLERK'S FILING FEE GENL_ 00,101 47001 ;4612319 , 101001' 100:00 �S5Q)�Project•Nurtiber Axitioiiitt of. F0 UPt3-0003: PRISTINESUN 1.1 :. 25-270-011 x 50:QC} `-TPM13-0002;-CREITZ, ! LYN;,068-4403002: $ 50;00 Y "• ' .ENVIRONMENTAL HLTH. PH FUND 0021` _ 540011 ,4614901 ' 101001 631.00 r ASH & GAME FEES r CL'ERIVRECORD' 1001.' ` 280;; 1011460 2,210:10` r. (850/1250). 141, Projeut Number t s - UP13.0003; PRISTINE'SUN:LLC. b25 270-011 A a► .66- a5 TPM13=0002,_CRE1T2,'CIiRCYN�:068-410-002 TOTAL $ 91398:34 r, . APPROVED.W ` _ RECEIVED $Y.. "rr AUDITOR=CONTROLLER TREASURER .. 1 white=treasurer; pink=auditor �canary=depo to golden rod=file J .. T *JTTE COUNTY RECEI Printed: 7/15/2013 RECEIPT NUMBER PREFIXES 3:00 pm ` 4i/P = Development Services - Building/Planning Division (530)538-7601 a EH = Environmental Health (530)538-7281 ' NNW = Public Works Department (530)538-7681 t � Receipt Number: P2370 Date Paid: 2/19/2013 Paid By: PRISTINE SUN LLC Received By: MEM Project Number: UP13-0003 Pay Method: CHECK 1705 Site Apn: 025-270-011 Description: CUP for a Solar Facility Site Address: 3961 LARKIN RD BIGGS, CA 95917 Applicant: PRISTINE SUN LLC Fee Description Account Number Fee Amount AG PLANNING DIVISION STAFF RATE 09 0010-460001-4612200-101001 $96.25 DP CONDITIONAL USE PERMIT -PC MIN. FEE 13 0010-440001-4210900-101001 $2,608.00 DP FISH &AMP; WILDLIFE - NEGATIVE DEC 13 1001-0-280-1011460 $2,156.25 DP GENERAL PLAN MAINT FEE FLAT/MIN 13 0010-440001-4610311-10113311 $117.36 DP GENERAL PLAN MAINT FEE RETAINER 13 0010-440001-204401-101001 $7.34 DP PUBLISHING/LEGAL NOTICES RETAINER 13 0010-440001-204401-101001 $163.00 DP TECHNOLOGY INVSTMNT FEE FLAT/MIN 13 0010-440001-4610312-101001 $26.08 DP TECHNOLOGY INVSTMNT FEE RETAINER 13 0010-440001-204401-101001 $1.63 .DPCR RECORDING FEE - CLERK/RECORDER 13 0010-470001-4612319-101001 $50.00 DPEHLUP USE PERMIT 0021-540011-4614901-101001 $631.00 DPFPP USE PERMIT 09 0010-14001-4617240-101001 $114.00 DPLDRF USE PERMIT 09 0010-440004-4611700-101001 $244.00 Total Fees Paid: $69214.91 Mitigation Measures UP13-0003: Pristine Sun LLC Mitigation Measure #1- (Noxious Weeds Management Plan) In compliance with General Plan Policy COS -P8.4, place Condition of Approval on the Use Permit that states: "Prior to implementing any approved uses, submit a Noxious Weed Control Plan for approval by the Agricultural Commissioner." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the approved use on the parcel Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and on all building and site development plans. This Conservation Measure must be completed prior to final inspection for the first building permit. Violations of the mitigation will be reviewed by the Butte County Agricultural Commissioner's Office on a complaint basis. Mitigation Measure #2 - (Nuisance and Fugitive Dust Emissions) Place a condition of Approval on the Use Permit requiring implementation of the following protections for air quality, consistent with BCAQMD best practices: Implement Dust Control Measures The following measures shall apply to all development activities on the project site. Follow the air quality control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD to comply with Rule 205 -Fugitive Dust Emissions or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the company person and telephone number to contact regarding dust complaints. This person shall respond and take corrective action with regard to Rules 200 & 205. The name and telephone number of the Butte County Air Quality Management District shall also be included to ensure corrective action is taken in compliance with BCAQMD Rules 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible, give preference to utilizing the following equipment: 0 Electric equipment • 0 • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions. Plan Requirements: This note shall be placed as a Condition of Approval on the Use Permit and a note on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services shall ensure that these requirements are a Condition of Approval of the Use Permit, and that the note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #3 - (Cultural Resources) Place a Condition of Approval on the Use Permit UP13-0003 that states the following: "During any excavation or other substantial subsurface disturbance activities, individuals conducting the work should be advised to watch for cultural resource materials. Should any evidence of prehistoric cultural resources be observed (freshwater shells, beads, bone tool remnants or an assortment of bones, soil changes including subsurface ash lens or soil darker in color than surrounding soil, lithic materials such as flakes, tools or grinding rocks, etc.), or historic cultural resources (adobe foundations or walls, structures and remains with square nails, refuse deposits or bottle dumps, often associated with wells or old privies), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The Condition of Approval shall be required on the Use Permit UPI 1-0002 and on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services shall ensure that this requirement is followed and is placed on all building and site development plans. Should any evidence of prehistoric cultural resources be observed as described above, all work should immediately cease, and a qualified archaeologist must be consulted to assess the significance of the cultural materials and report such assessments to the Department of Development Services. The Department of Development Services shall then coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure #4 — (Noise Construction) To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit noise -generating construction activity in excess of 50 dB, including generators, backhoes, jackhammers, augers, and power saws to daytime hours (7:00 a.m. to 6:00 p.m.) with no noise - generating construction activity in excess of 50 dB on Saturdays, Sundays or holidays. Exterior noise levels shall be measured 100 feet away from the nearest residence, if that point remains on the noise -sensitive property; otherwise, noise levels shall be measured at property line. 2. Use best available noise suppression devices and properly maintain and muffle diesel engine - driven construction equipment; I Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout site development activities. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and adhered to during construction activity. Violations of the mitigation will be reviewed by the Department of Development Services on a complaint basis. State of California—Natural Resources Agency DEPARTMENT OFFISH AND WILDLIFE 2013 ENVIRONMENTAL FILING F CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY IPT# 439082 STATE CLEARING HOUSE # (uapplicable) r' LEADA DA COLIN A N FIL 1Ar DOCUMENTNUMBER PROJEC I , ` ' � (�e (1 I vol m PROJE'T CA T A (� it V PHONENUMBER 0 6) PROJEJAqqANrr S C _ ,1 Ty STPcTF� ZIPCOD PROgCT APPLICANT'(Check appropriate box)` - ' – --I I " – Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity CHECK APPLICABLE FEES: lj,.,Ebvironmental Impact Report (EIR) $2,995.25 $ �--, Mitigated/Negative Declaration (ND)(MND) $2,156.25 $ ❑A plication Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ❑ ro)ects Subject to Certified Regulatory Programs (CRP) $1,018.50 $ County Administrative Fee $50.00 $ ❑ Project that is exempt from fees ❑ Notice of Exemption ❑ DFW No Effect Determination (Form Attached) ❑ Other / $ PAYMENT METHOD: ❑ CasV j ❑ Check ® Other TOTALRECEIVED $ WHITE -PROJECT APPLICANT YELLOW-DFW/ASB PINK -LEAD AGENCY G�LDENRob -COUNTY CLERK DFG 753.5a (Rev. 11 /12) • BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the project listed below at a public hearing before the Butte County Planning Commission to be held on July 25, 2013, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, CA Project: Pristine Sun (Foote) — Use Permit UPI 3-0003 Location: On the southwest corner of East Hamilton Road and Larkin Road, at 3961 Larkin Road, northeast of Biggs. APN: 025-270-011 Proposal: This application is a request for a Conditional Use Permit by Pristine Sun to develop a 0.25 megawatt (MW) Solar Energy Generation Facility, for wholesale electrical production, composed of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwest portion of the 10 -acre parcel. Access to the site is off East Hamilton Road. The facility will be enclosed with 6' high security fencing with 3 strands of barbwire at the top. The fence will be covered with green weather-proof material and/or shielded with landscaped vegetation as needed. Minimum setbacks from the security fencing to the array blocks are 30 feet. The facility will have a pole mounted full pan -tilt -zoom security camera which is accessible remotely through the internet. No water or wastewater facilities are proposed. The water source for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck set up for cleaning the panes. The applicant will only use water for cleaning the panels. Fourteen hundred gallons of water a year will be used to clean the panels. The water will drain from the panels onto the ground. There are no cleaning agents used to wash the panels. The Butte County General Plan designation on the subject property is AG (Agriculture). The zoning on the subject property is AG -40 (Agricultural 40 -acre minimum). In compliance with CEQA, this notice discloses that there are no listed toxic sites present on or near the project site. The Initial Study/Mitigated Negative Declaration (IS/MND) and reference documents for these projects are on file for public review and comment starting Wednesday, July 3, 2013 through Wednesday, July 24, 2013, at the Butte County Planning Division, 7 County Center Drive, Oroville, CA. The IS/MND is also available for review on the County website at www.buttecounty.net/dds by selecting Planning, Mitigated Negative Declarations and the project document. All persons are invited to review the documents. Comments may .be submitted at the above address to the Planning Division in writing at any time prior to the hearing or orally at the meeting listed above, or as may be continued to a later date. To have your comments included as part of the packet sent to the Planning Commission, please submit by July 17, 2013. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. The above mentioned application is on file and available for public viewing at the office of the, 7 County Center Drive, Oroville, CA. For information call or send an email to Mark Michelena, Senior Planner, Butte County Development Services Department, Planning Division at (530) 538-7376 or mmichelena@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES it -Mark • X11 �3 E Hamilton Rd E Rio Bonito Rd fY ce Ave C M J BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - July 25, 2013 Applicant: Pristine Sun LLC Supervisor 4 ' Owner: Charles W. Foote District: File #: UP13-0003 Planner: Mark Michelena Request: A Conditional Use Permit to Location: The project parcel is located develop a 0:25 megawatt (MW) on the southwest corner of (250 kilowatt, kW) Solar Energy East Hamilton Road and Generation Facility, for Larkin Road, at 3961 Larkin wholesale electrical production, Road, northeast of Biggs comprised of 1,152 pole - mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwestern portion of the 10 -acre site. G.P.: AG (Agriculture) Attachments: Zoning: AG -20 (Agriculture — 20 acre A: Resolution with Conditional Use minimum) Permit and Conditions of Approval (Exhibit A) Zone Date: December 10, 2012 B: General Plan, Zoning Map and APN: 025-270-011 Vicinity Map Parcel Size: 10 acres C: Initial Study/Mitigated Negative Declaration Project Size: 3 acres D: Site Plan EXECUTIVE SUMMARY: Pristine Sun LLC is requesting approval of a Conditional Use Permit to develop a 0.25 megawatt (MW) (250 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, comprised of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwest portion of the 10 -acre site. Staff recommends adoption of the attached resolution, adopting the Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA), and approving Conditional Use Permit UPI 3-0003 with findings and conditions. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 1 of 20 ■ 1 PROJECT DESCRIPTION: • The applicant requests a Conditional Use Permit to develop a 0.25 megawatt (MW) (250 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, composed of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwest portion of the 10 -acre site. • Access to the site is through a private easement off of East Hamilton Road. • The facility will be enclosed with 6' high security fencing with 3 strands of barbwire at the top. The fence will be shielded as necessary with landscaped vegetation within sight of public roads and residential dwellings. • No water or wastewater facilities are proposed. The water source for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck set up for cleaning the panes. The applicant will only use water for cleaning the panels. Approximately 1,400 gallons of water a year will be used to clean the panels. PROJECT SITE and SURROUNDING PROPERTY CHARACTERISTICS: • The southeast portion of the project parcel is currently developed with a residential dwelling, an accessory structures and an access drive. • The project parcel is located about 110 to 115 feet above sea level on a nearly flat terrain. • The parcel mostly consists of open grasslands that include annual grasses and forbs, a small orchard, eucalyptus, pines and other ornamental trees. • The Sutter Butte Canal is located adjacent to the western edge of the parcel. The Thermalito Afterbay is located to the north, across East Hamilton Road. • The project site area has been used for agricultural purposes. Currently it is extra grazing area. No wetland areas have been identified in the project area or on the project parcel. • The project parcel is identified as being in shaded Flood Zone X (outside the 500 -year floodplain), which has a 1 percent chance of flooding if levee fails. • The site is approximately 1.6 miles east of California State Highway 99 (SR 99), and approximately 3.5 miles east of the Union Pacific Railroad. • The project site and land immediately adjacent to the west, east and south are zoned AG -40 (Agricultural 40 -acre). Parcels to the north and are zoned RC (Resource Conservation). • Surrounding parcels to the west, east and south are designated by the Butte County General Plan Land Use Element as Agriculture. Surrounding parcels to the north are designated by the Butte County General Plan Land Use Element as Resource Conservation. • Surrounding land uses are agricultural and rural residential. • No surrounding parcels are under Williamson Act Contracts. The Thermalito Afterbay is located to the north, across East Hamilton Road. ■ Butte County PLANNING COMNIISSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 2 of 20 ■ 2 0 s • The nearest offsite residential dwelling is located approximately 500 feet to the south from the solar facility. ANALYSIS: Zoning Consistency • The project parcel is zoned AG -40 (Agricultural 40 -acre minimum). • Alternative Energy Structures (Facilities) are regulated under Butte County Code (BCC §24- 157). • Utilities fall within one of four categories: Minor, Accessory, Intermediate and Major. This project falls under the Major Utility category. • Solar Energy Systems are classified under a four tiered system. It was determined that the project is considered a Tier 4: "A ground -mounted Solar Energy System for power generation." • The project site area has been identified by Department of Conservation Important Farmland Maps as "Other Land." • Important Farmland Maps are updated every two years through the Farmland Mapping and Monitoring Program (FMMP) of the California Department of Conservation, Division of Land Resource Protection: Using soil survey data and aerial imagery from the U.S. Department of Agriculture -Natural Resource Conservation Service (MRCS), these maps show areas of agricultural activity throughout California broken down by county. These agricultural areas displayed on the maps are categorized as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Grazing Land, Urban and Built -Up Land, and Other. • The project parcel is not subject to a Williamson Act Contract. • Solar Energy Systems are subject to the following additional standards: 1. Photovoltaic panel systems shall meet all applicable performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the Public Utilities Commission regarding safety and reliability. Ground -mounted photovoltaic panel systems shall be required to meet all setback areas of the applicable zone. 2. Ground -mounted photovoltaic panel systems may exceed 8 feet in height above the ground only with the approval of a Minor Use Permit. The project proposes the height of the panel system to be approximately 8 to 10 feet above the ground. Since this application is a request for a Conditional Use Permit, they are consistent with this requirement. 3. If the Solar Energy Facility is located on or adjacent to an agricultural zone, the applicant must acknowledge the County's Right to Farm Ordinance and shall be required to record a Right to Farm Notice on their parcel prior to issuance of any ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 3 of 20 ■ 3 9 . Building Permits. This shall be included as a recommended condition of approval of the land use entitlement. The project parcel and surrounding parcels to the west, east and south are agriculturally zoned. The project will include a condition to record a Right to Farm Notice. 4. For Solar Energy Facilities in Scenic areas, as designated in the General Plan (Figures COS -7, and COS -9, Conservation and Open Space Element), efforts shall be made by the owner/installer of the Solar Energy Facility, to the maximum extent practicable, to shield the Solar Energy Facility from public view. On-site transmission and power lines shall, to the maximum extent practicable, be placed out of sight or underground. The project site is not located along an identified scenic -highway. The project site is not located in the identified scenic areas identified on COS -7 and COS -9 in the Conservation and Open Space Element. The project proposes development on a vacant portion of an extra grazing area, which in itself is not a notably visible or scenic vista within the County. However, it is located in a valley location where there are views of the foothills of the Sierra Nevada Mountains to the east and north from many locations. Butte County has not promulgated regulations for the protection of scenic views from private ' land. Apart from the height restrictions in Article 4, Sections 24-14 D.2 and 3 and Article 25, Section 157 C 3, there are no restrictions or protections in Butte County's codes which ensure that existing scenic views from individual residences will be maintained. Views from individual properties are therefore not a specifically protected property right in Butte County. The project site itself is flat and treeless and contains no significant scenic resources. Therefore, the proposed structures will not physically damage any on-site scenic resources. 5. A Solar Energy Facility, other than a minor utility system, that ceases to produce electricity on a continuous basis for 24 months shall be considered abandoned unless the property owner/developer demonstrates by substantial evidence satisfactory to the Development Services Department that there is no intent to abandon the facility. Parcel owners are required to remove all equipment and facilities and restore the site to original condition. General Plan Consistency • The project parcel is designated as Agriculture by the General Plan. • The project was reviewed for consistency with the policies of the General Plan. AG -P1.1 The County supports the State and federal legislation designed to conserve soil and protect agriculture land. The site has been used as extra grazing area. The location of the proposed solar facility is located on land not identified as "Prime Farmland", "Farmland of Statewide Importance" or "Unique Farmland" by the FMMP Important Farmland ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 4 of 20 ■ CI Map, alternative energy facilities of this type are permitted with approval of a conditional use permit. The project site area is identified as "Other Land" by the Important Farmland Map. W -P3.3 The County shall protect groundwater recharge and groundwater quality when considering new development projects. No water or wastewater facilities are proposed in this project. The water source for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck setup for cleaning the panes. The applicant will only use water for cleaning the panels. Approximately 1,400 gallons of water a year will be used to clean the panels. The water will drain from the panels onto the ground. There are no cleaning agents used to wash the panels. COS -P1.1 Greenhouse gas emission impacts from proposed development projects shall be evaluated as required by the California Environmental Quality Act. Given the short-term duration and limited scope of the construction/development activities, the infrequent maintenance truck trips needed to maintain the facilities, and the net greenhouse gas reduction of the solar energy generation facility (compared to fossil fuel generating facilities), the project is not expected to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. There are no adopted State or local regulations for greenhouse gas reduction with which the project could comply. However, given that the proposed facility is expected to be a net greenhouse gas reducer (when compared to fossil fuel generating facilities), the project will not conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. COS -P3.2 The development of renewable fuel sources in the County shall be encouraged, provided that such fuel sources can be built or expanded and that significant adverse environmental impacts associated with such development can be successfully mitigated. COS -P3.7 Wind power generation facilities, solar power generation facilities, and other alternative energy facilities shall be encouraged in all General Plan land use designations, consistent with zoning provided that significant adverse environmental impacts associated with such development can be successfully mitigated. All new proposed energy projects shall be compatible with the Military Operations Areas (MOAs) Figure LU -5. The General Plan (GP2030), adopted by Butte County in October, 2010, which designated the project site with the Rural Residential land use designation, specifically authorizes the development of solar power generation facilities in the Rural Residential land use designation. The project was reviewed by the Intergovernmental Planner for the NAVFACSW Intergovernmental Branch AM -3. The project is not identified as being located in either of the Military Airspace Overlay areas. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 5 of 20 ■ 61 COS -P7.4 "New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP.*" The project site area has been used for agricultural uses and is not habitat area for protected species. Minimal impact will be done to development area. The solar array poles are driven into the ground with as little disturbance as possible. COS -P7.5 "No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*" The project site area has been used for agricultural uses and does not have any identified wetlands in the project area. COS -P7.6 "New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*" There are no riparian corridors on or adjacent to the project site. COS -P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction activities and maintained throughout the construction period.* There are no sensitive resources on or adjacent to the construction site area. COS -P7.8 "Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development -associated activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special -status plan and wildlife habitats, nests of special -status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.*" No on-site biological resources were identified. COS -P8.1 "Native plant species shall be protected and planting and regeneration of native plant species shall be encouraged, wherever possible, in undisturbed portions of development sites." The use of the parcel has modified the natural state of the parcel. The solar facility will be located in an area that has been used for agricultural uses. Currently the area is being used for extra pasture/grazing area. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 6 of 20 ■ 0 COS -9 Protect identified special -status plant and animal species. No special -status plant or animal species were identified in the project area. COS -P9.2 "If special -status plant or animal species are found to be located within a development site, proponents of the project shall engage in consultation with the appropriate federal, State and regional agencies and mitigate project impacts in accordance with State and federal law. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), mitigation requirements of the HCP/NCCP shall be implemented for development with the HCP/NCCP area. Examples of mitigation may include:* a. Design the proposed project to avoid and minimize impacts.* b. Restrict construction to specific seasons based on project -specific special -status species issues (e.g. minimizing impacts to special -status nesting birds by constructing outside of the nesting season).* c. Confine construction disturbance to the minimum area necessary to complete the work.* d. Mitigate for the loss of special -status species by purchasing credits at an approved conservation bank (if a bank exists for the species in question), funding restoration or habitat improvement projects at existing preserves in Butte County or purchasing or donating mitigation lands of substantially similar habitat.*" e. Maintain a minimum 100 -foot buffer on each side of all riparian corridors, creeks and streams for special -status and common wildlife.*" f. Establish setbacks from the outer edge of special -status species habitat areas.* No special -status plant or animal species were observed within the 3 -acre development footprint. Criteria for Granting a Conditional Use Permit The criteria for granting a conditional use permit for the 0.25 megawatt solar facility derive both from the generally criteria for granting all use permits (BCC section 24-222) as well as the specific criteria for Alternative Energy Structures (BCC 24-157 Q. BCC section 24-222 Findings A. The proposed use is allowed in the applicable zone. The project is zoned AG -40 (Agriculture 40 -acre minimum). The proposed solar facility is considered a Major Utility. The Agriculture Zone allows for Major Utilities through a conditional use permit. This project is a major utility which requires a conditional use permit. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The project site is located in an agriculture area with agricultural uses, residential uses and vacant parcels. The overall size of the project, approximately 3 acres, encompasses approximately 30% of the 10 -acre parcel. The location of the solar facility is in the northwest portion of the parcel. The nearest offsite residence is ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 7 of 20 ■ 7 located approximately 500 feet from the solar facility. Based on the distance from solar facility, the project will have minimal impact to the nearest residences. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The Initial Study/Mitigated Negative Declaration for the project concluded that people living near the proposed solar facility would not be exposed to significant levels of electromagnetic frequencies (EMF) or radio-frequency (RF) emissions from the solar panels, the inverter or the additional power lines. The nearest offsite residential dwelling to the proposed communication facility is approximately 500 feet. According to researchers at the Brookhaven National Laboratory, regardless of the specific technology, photovoltaics generate significantly fewer harmful air emissions (at least 89%) per kilowatt-hour (KWh) than conventional fossil fuel fired technologies (Vasilis, 2008). D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Implementation of the project would not require domestic water or wastewater treatment, or solid waste facilities. It would not be in conflict with any statutes or regulations relating to solid waste, nor would it employ equipment that would introduce interference into any system. The project will be tying into the existing PG&E power lines which are sufficient to handle up to 0.25 megawatt (MW) (250 kilowatt, kW). The project would not increase the level of demand for fire protection service needed on the site because solar facilities do not normally require such services. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with surrounding agricultural uses, residential uses and vacant parcels. The overall size of the project, approximately 3 acres, encompasses approximately 30% of the 10 -acre parcel. The solar facility is anticipated to have a life span of 20 to 25 years, with a potential for replacement of solar panels and other equipment. When the facility is no longer needed, the applicant has provided a decommissioning plan and will restore the site back to pre - project conditions. The project, with project conditions, complies with the required findings to approve a minor use permit. Land Use • The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 8 of 20 ■ E19 E • Only a minor amount of construction activity would be required to install the proposed antennas and wiring. • The project site is not located within an Airport Compatibility Zone. AGENCY REVIEW: The project application materials were circulated to, Environmental Health, Building, Public Works/Land Development, and Assessor's Office. Conditions of approval are included to address their requirements. ENVIRONMENTAL REVIEW: An Initial Study and Draft Mitigated Negative Declaration, for which no significant environmental impacts were identified, was prepared for this project and made available for public review at the Planning Division and on-line at the Butte County web site for the 20 -day period between July 3, 2013 and July 24, 2013. A Notice of Intent for the Mitigated Negative Declaration and the Public Hearing was published in the Chico Enterprise Record and Oroville Mercury Register on July 3, 2013. The Notice of Intent and Public Hearing notice was sent to 13 owners (and 6 occupants) of properties adjacent to, and near the project parcel on July 1, 2013. PUBLIC COMMENTS: Staff did not receive any public comments prior to completion of the agenda report. ■ Butte County PLANNING CONMISSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 9 of 20 ■ NJ RESOLUTION PC13 - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT UP13-0003 WHEREAS, the Planning Commission has considered Conditional Use Permit UP13- 0003 for Pristine Sun LLC, in accordance with Chapter 24, Article 31, Conditional Use Permits and Minor Use Permits, of the Butte County Code on Assessor's Parcel Number 025-270-011; and WHEREAS, the Planning Commission has considered an Initial.Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Conditional Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, duly noticed public hearing was held on July 25, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects with implementation of Butte County Code, Chapter 24, Article 25, Supplemental Use Regulations, and Article 24 Land Use Compatibility Standards. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Conditional Use Permit for Pristine Sun LLC, Planning Division File No. UPI 3-0003, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Finds that, based on a review of the project as proposed, the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 10 of 20 ■ 10 • 0 exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Public Resources Code section 711.4 (c)(3)). III. Makes the following Conditional Use Permit findings: A. The proposed use is allowed in the applicable zone. The project is zoned AG -40 (Agriculture 40 -acre minimum). The proposed solar facility is considered a Major Utility. The Agriculture Zone allows for Major Utilities through a conditional use permit. This project is a major utility which requires a conditional use permit. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in 'the vicinity of the subject property. The project site is located in an agriculture area with agricultural uses, residential uses and vacant parcels. The overall size of the project, approximately 3 acres, encompasses approximately 30% of the 10 -acre parcel. The location of the solar facility is in the northwest portion of the parcel. The nearest offsite residence is located approximately 500 feet from the solar facility. Based on the distance from solar facility, the project will have minimal impact to the nearest residences. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The Initial Study/Mitigated Negative Declaration for the project concluded that people living near the proposed solar facility would not be exposed to significant levels of electromagnetic frequency (EMF) or radio-frequency (RF) emissions from the solar panels, the inverter or the additional power lines. The nearest offsite residential dwelling to the proposed communication facility is approximately 500 feet. According to researchers at the Brookhaven National Laboratory, regardless of the specific technology, photovoltaics generate significantly fewer harmful air emissions (at least 89%) per kilowatt-hour (KWh) than conventional fossil fuel fired technologies (Vasilis, 2008). D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Implementation of the project would not require domestic water or wastewater treatment, or solid waste facilities. It would not be in conflict with any statutes or regulations relating to solid waste, nor would it employ equipment that would introduce interference into any system. The project will be tying into the existing PG&E power lines which are sufficient to handle up to 0.25 megawatt (MW) (250 kilowatt, kW). The project would not increase the level of demand for fire protection service needed on the site because solar facilities do not normally require such services. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP 13-0003 Agenda Report ■ Page 11 of 20 ■ 11 The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with surrounding agricultural uses, residential uses and vacant parcels. The overall size of the project, approximately 3 acres, encompasses approximately 30% of the 10 -acre parcel. The solar facility is anticipated to have a life span of 20 to 25 years, with a potential for replacement of solar panels and other equipment. When the facility is no longer needed, the applicant has provided a decommissioning plan and will restore the site back to pre project conditions. F. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. IV. The project is consistent with the following General Plan Policies: AG -P1.1 The County supports the State and federal legislation designed to conserve soil and protect agriculture land. The site has been used as extra grazing area. The location of the proposed solar facility is located on land not identified as "Prime Farmland", "Farmland of Statewide Importance" or "Unique Farmland" by the FMMP Important Farmland Map, alternative energy facilities of this type are permitted with approval of a conditional use permit. The project site area is identified as "Other Land" by the Important Farmland Map. W -P3.3 The County shall protect groundwater recharge and groundwater quality when considering new development projects. No water or wastewater facilities are proposed in this project. The water source for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck set up for cleaning the panes. The applicant will only use water for cleaning the panels. Approximately 1,400 gallons of water a year will be used to clean the panels. The water will drain from the panels onto the ground. There are no cleaning agents used to wash the panels. COS -P1.1 Greenhouse gas emission impacts from proposed development projects shall be evaluated as required by the California Environmental Quality Act. Given the net greenhouse -reducing short-term duration and limited scope of the construction/development activities, the infrequent maintenance truck trips needed to maintain the facilities, and the net greenhouse gas reduction of the solar energy generation facility (compared to fossil fuel generating facilities)„ the ■ Butte County PLANNING CONIlVIISSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 12 of 20 ■ 12 project is not expected to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. There are no applicable State or local regulations for greenhouse gas reduction with which the project could comply. However, given that the proposed facility is expected to be a net greenhouse gas reducer(when compared to fossil fuel generating facilities), the project will not conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. COS -P3.2 The development of renewable fuel sources in the County shall be encouraged, provided that such fuel sources can be built or expanded and that significant adverse environmental impacts associated with such development can be successfully mitigated. COS -P3.7 Wind power generation facilities, solar power generation facilities, and other alternative energy facilities shall be encouraged in all General Plan land use designations, consistent with zoning provided that significant adverse environmental impacts associated with such development can be successfully mitigated. All new proposed energy projects shall be compatible with the Military Operations Areas (MOAs) Figure LU -5. The General Plan (GP2030), adopted by Butte County in October, 2010, which designated the project site with the Rural Residential land use designation, specifically authorizes the development of solar power generation facilities in the Rural Residential land use designation. The project was reviewed by the Intergovernmental Planner for the NAVFACSW Intergovernmental Branch AM -3. The project is not identified as being located in either of the Military Airspace Overlay areas. COS -P7.4 "New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP.*" The project site area has been used for agricultural uses and is not habitat area for protected species. Minimal impact will be done to development area. The solar array poles are driven into the ground with as little disturbance as possible. COS -P7.5 No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP. The project site area has been used for agricultural uses and does not have any identified wetlands in the project area. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 13 of 20 ■ 13 COS -P7.6 New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP. There are no riparian corridors on or adjacent to the project site. COS -P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction activities and maintained throughout the construction period.* There are no sensitive resources on or adjacent to the construction site area. COS -P7.8 Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development - associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special -status plan and wildlife habitats, nests of special -status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations. There are no sensitive resources on or adjacent to the construction site area. COS -P8.1 Native plant species shall be protected and planting and regeneration of native plant species shall be encouraged, wherever possible, in undisturbed portions of development sites. The use of the parcel has modified the natural state of the parcel. The solar facility will be located in an area that has been used for agricultural uses. Currently the area is being used for extra pasture/grazing area. COS -9 Protect identified special -status plant and animal species. No special -status plant or animal species were identified in the project area. COS -P9.2 If special -status plant or animal species are found to be located within a development site, proponents of the project shall engage in consultation with the appropriate federal, State and regional agencies and mitigate project impacts in accordance with State and federal law. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), mitigation requirements of the HCP/NCCP shall be implemented for development with the HCP/NCCP area. Examples of mitigation may include: a. Design the proposed project to avoid and minimize impacts. b. Restrict construction to specific seasons based on project -specific special - status species issues (e.g. minimizing impacts to special -status nesting birds by constructing outside of the nesting season). ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 14 of 20 ■ 14 0 • c. Confine construction disturbance to the minimum area necessary to complete the work. d. Mitigate for the loss of special -status species by purchasing credits at an approved conservation bank (if a bank exists for the species in question), funding restoration or habitat improvement projects at existing preserves in Butte County or purchasing or donating mitigation lands of substantially similar habitat. e. Maintain a minimum 100 -foot buffer on each side of all riparian corridors, creeks and streams for special -status and common wildlife. f. Establish setbacks from the outer edge of special -status species habitat areas. No special -status plant or animal species were observed within the 3 -acre development footprint. V. Approves Conditional Use Permit UPI 3-0003 for Pristine Sun LLC, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards and Article 25 Supplemental Use Regulations; Section 24-157 Alternative Energy Structures. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. DULY PASSED AND ADOPTED this 25`" day of July, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary Kennedy, Chair Butte County Planning Commission ATTEST: Kim McMillan, Secretary Butte County Planning Commission ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 15 of 20 ■ 15 0 i EXHIBIT A CONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE OF APPROVAL UP13-0003 PERMIT NO. 025-270-011 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Pristine Sun LLC is hereby granted a Conditional Use Permit to develop a 0.25 megawatt (MW) (250 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, composed of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwest portion of the 10 - acre site. Failure to comply with the conditions specified herein as the basis for approval of this Conditional Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Conditional Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Conditional Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permitee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Conditional Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permitee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permitee. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 16 of 20 ■ 16 0 • Conditions of Approval: Planning Division Mitip-ation Measure #1 - (Noxious Weeds Management Plan) In compliance with General Plan Policy COS -P8.4, place Condition of Approval on the Use Permit that states: "Prior to implementing any approved uses, submit a Noxious Weed Control Plan for approval by the Agricultural Commissioner." Plan Requirements: This Condition of Approval shall be required on the Conditional Use Permit. Timing: Requirements of the condition shall be adhered to throughout the approved use on the parcel. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Conditional Use Permit and on all building and site development plans. This Conservation Measure must be completed prior to final inspection for the first building permit. Violations of the mitigation will be reviewed by the Butte County Agricultural Commissioner's Office on a complaint basis. 2. Mitigation Measure #2 - (Nuisance and Fugitive Dust Emissions) Place a condition of Approval on the Use Permit requiring implementation of the following protections for air quality, consistent with BCAQMD best practices: Implement Dust Control Measures The following measures shall apply to all development activities on the project site. Follow the air quality control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD to comply with Rule 205 -Fugitive Dust Emissions or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the company person and telephone number to contact regarding dust complaints. This person shall respond and take corrective action with regard to Rules 200 & 205. The name and telephone number of the Butte County Air Quality Management District shall also be included to ensure corrective action is taken ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 17 of 20 ■ 17 0 in compliance with BCAQMD Rules 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible, give preference to utilizing the following equipment: 1. Electric equipment; 2. Substitute gasoline -powered for diesel -powered equipment; 3. Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. 4. Equipment that has pre -chamber diesel engines, as practical. 5. Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions. Plan Requirements: This note shall be placed as a Condition of Approval on the Use Permit and a note on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services shall ensure that these requirements are a Condition of Approval of the Use Permit, and that the note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #3 - (Cultural Resources) Place a Condition of Approval on the Use Permit UPI 3-0003 that states the following: "During any excavation or other substantial subsurface disturbance activities, individuals conducting the work should be advised to watch for cultural resource materials. Should any evidence of prehistoric cultural resources be observed (freshwater shells, beads, bone tool remnants or an assortment of bones, soil changes including subsurface ash lens or soil darker in color than surrounding soil, lithic materials such as flakes, tools or grinding rocks, etc.), or historic cultural resources (adobe foundations or walls, structures and remains with square nails, refuse deposits or bottle dumps, often associated with wells or old privies), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UP13-0003 Agenda Report ■ Page 18 of 20 ■ Plan Requirements: The Condition of Approval shall be required on the. Use Permit UPI 1-0002 and on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services shall ensure that this requirement is followed and is placed on all building and site development plans. Should any evidence of prehistoric cultural resources be observed as described above, all work should immediately cease, and a qualified archaeologist must be consulted to assess the significance of the cultural materials and report such assessments to the Department of Development Services. The Department of Development Services shall then coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4 — (Noise Construction) To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: Limit noise -generating construction activity in excess of 50 dB, including generators, backhoes, jackhammers, augers, and power saws to daytime hours (7:00 a.m. to 6:00 p.m.) with no noise -generating construction activity in excess of 50 dB on Saturdays, Sundays or holidays. Exterior noise levels shall be measured 100 feet away from the nearest residence, if that point remains on the noise -sensitive property; otherwise, noise levels shall be measured at property line. 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout site development activities. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and adhered to during construction activity. Violations of the mitigation will be reviewed by the Department of Development Services on a complaint basis. The solar facility shall be in compliance with Butte County Code, Chapter 24, Article 25, Section 157 C, Standards, Solar Energy Systems. ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 19 of 20 ■ 19 • L� Public Works 6. Prior to establishing use, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. Prior to constructing facilities into, under, over, above, or upon any public street in the unincorporated area of the county, obtain a utility permit from the Butte County Public Works Department. Submittal of improvement plans for review and approval by the Public Works Department may be required depending on the facilities proposed. Butte County Fire/California.Department of Forestry 7. Comply with all CSFM and CFC requirements and NFPA recommendations pertinent to this type project. 8. Maintain area beneath panels free of combustibles Processing Fees 9. Prior to issuance of the Conditional Use Permit, pay any outstanding project -related processing fees. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Conditional Use Permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Conditional Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office ■ Butte County PLANNING CONMSSION AGENDA REPORT ■ ■ July 25, 2013 ■ Pristine Sun - UPI 3-0003 Agenda Report ■ Page 20 of 20 ■ 20 Adlk Ank LaMalfaLn VICINITY MAP estem Dr 3 n O 'Hlgfway,162 �g Ln h4 U Honker L 04 i 99' It �, tHlghway.: r- �i-w* , L�astmHan -r e Dilzler Rd Franpl, _ B St Thermalito Afterbay >I m C J V= Hey Way U North Ave m Ave Rd Vance Ave Rd ff k o Inut Ave Er $ ttin Rd Hhman Ave Rd Palm Ave Rd Pryde Ave uth Ave 0 0.250.5 1 1.5 2 Miles UP 13-0003 Pristine Sun LLC 025-270-011 Farrar Ln Larkih' ' ds cation GoTv.r n ly -7,0 La Fever Ln N E DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY FOR UP13-0003 (Pristine Sun -Foote) ■ Butte County Department of Development Services q ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 1 of 47 ■ 24 • 0 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR UP13-0003 (Pristine Sun -Foote) 1.0 PROJECT INFORMATION A. Applicant: Pristine Sun LLC Owner: Charles W. Foote B. Representative: Stan Battersby, Pristine Solar LLC C. Engineer: Pristine Sun LLC D. Staff Contact: Mark Michelena, Senior Planner (530) 538-7376 E. Proiect Name: Pristine Sun LLC (Foote) UP13-0003 F. Proiect Location: On the southwest corner of East Hamilton Road and Larkin Road, at 3961 Larkin Road, northeast of Biggs. G. Type of Application(s): Conditional Use Permit UP13-0003 H. Assessor's Parcel Number(s): 025-270-011 I. Project Parcel Size/Site Size: 10 acres/3 acres J. Zoning: AG -40 (Agriculture — 40 -acre minimum) K. General Plan Designation: AG (Agriculture) L. Environmental Setting: The project site is located on approximately a 3 -acre portion of a 10 -acre parcel at 3961 Larkin Road, northeast of Biggs. The subject property is designated Agriculture in the General Plan and zoned AG -0 (Agriculture - 40 -acre minimum). The project parcel is located about J 10 to 115 feet above sea level on a nearly flat and largely treeless_ terrain. This is an area characterized by agricultural uses, including orchards and rice fields. The site is approximately 1.6 miles east of California State Highway 99 (SR 99), and approximately 3.5 miles east of the Union Pacific Railroad. The parcel mostly consists of open grasslands that include annual grasses and forbs, a small orchard, eucalyptus, pines and other ornamental trees. The Thermalito Afterbay is located to the north. The Sutter Butte Canal is located along the western parcel boundary. The project parcel is currently developed in the southeastern portion with a residential dwelling, an accessory structure, an access drive and overhead power lines. With an average slope of less than two percent, the project site area is underlain by Oroville-Thermalito-Fernandez Thompson Complex soil, a Class IV soil with moderate expansive and slight erosion potentials. The project site is not within an earthquake zone. The project site is located within the D Compatibility Zone for the Oroville Municipal Airport. The project parcel is identified in the shaded Flood Zone X (outside the 500 -year floodplain), which has a 1 percent chance of flooding if levee fails. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. Per California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15072. (g)(6), the project site ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 2 of 47 ■ 25 0 • does not contain any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites, and the Hazardous Waste and Substances Statement required under subdivision (f) of that section. . No significant prehistoric or historic resources are known to exist on the property. M. Surrounding Land Uses: The project site and land immediately adjacent to the west, east and south are zoned AG40 (Agricultural 40 -acre). Parcels to the north and are zoned RC (Resource Conservation). Surrounding parcels to the west, east and south are designated by the Butte County General Plan Land Use Element as Agriculture. Surrounding parcels to the north are designated by the Butte County General Plan Land Use Element as Resource Conservation. Surrounding uses are agricultural and rural residential. No surrounding parcels are under Williamson Act Contract. The Thermalito Afterbay is located to the north, across East Hamilton Road. The nearest offsite residential dwelling is located approximately 500 feet to the south from the solar facility. N. Project Description: This application is a request for a Conditional Use Permit by Pristine Sun to develop a 0.25 megawatt (MW) (250 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, composed of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres of the southwest portion of the 10 - acre site, per the Project Parcel and Site Plan in Figures 1 and 2 below. The applicant projects that the project will supply enough renewable energy to power 50 — 125 residential homes. Most crystalline silicon solar panel manufacturers warrant the power output of their panels for a twenty-five year period. Although the panels can still technically generate power beyond that point, their power output begins to decrease significantly (Craig, 2012). Therefore, the project's viable lifespan should reasonably be presumed to be approximately 20 to 25 years; after which time the facility may become obsolete and/or require upgrading, renovation and/or decommissioning and reclamation. The applicant has provided a decommissioning and reclamation plan. Access to the site is immediately off of Ahart Road, through a private easement, at the northwestem-most portion of the project parcel. The proposal includes development of a graveled access driveway along the east side of the project site with a hammerhead turn-arounds. The applicant believes that grading will not be required, as the site is relatively flat. Also, the solar unit trackers to be used are mounted into the ground with minimally -sized I -Beams. The applicant states that no grading will be needed for the access roads, just some minor scuffing and compaction. The facility will be enclosed with 6' high security fencing with 3 strands of barbwire at the top (Figure 3 below). The fence will be covered with green weather-proof material and/or shielded with landscaped vegetation as needed. Minimum setbacks from the security fencing to the array blocks are 30 feet. The facility will have a pole mounted full pan -tilt -zoom security camera which is accessible remotely through the internet. No water or wastewater facilities are proposed in this project. The water source for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck set up for cleaning the panes. The applicant will only use water for cleaning the panels. Fourteen hundred gallons of water a year will be used to clean the panels. The water will drain from the panels onto the ground. There are no cleaning agents used to wash the panels. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 3 of 47 ■ 26 0 0 648* -6• AM PP ------------ PASTRAMiLTOURv PP �)AW1!A i Z— PROPOSED AREA FOR SOLAR ARRAY / J CIA DIRTROAD (E) FCCE.1-M —M -1- .e M -1- Figure 1— Project Parcel with solar facility improvements. IJNR, TYP. 0 Or w ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 4 of 47 ■ 27 (P) POWER POLES PER PG&E KFYWYrE Figure 2 —Project solar facility. PG&E Offsite Improvements With regard to any PG&E offsite improvements (cable trenching, new transmission lines, etc.), PG&E "Initial Review" indicated that no new transmission lines would be required. However, on the project site and at the PG&E "Wyandotte" substation, additional re -closures, voltage regulators, and safety devices may be required. Staff believes that such minor PG&E off-site improvements are exempt from CEQA by way of a Class 1 categorical exemption, per CEQA Guidelines Section 15301 as follows: 15301. Existing Facilities Class 1 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. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 5 of 47 ■ 28 Proposed Equipment There will be 1,152 Solar Modules installed on single axis solar trackers. There will be 14 photo -voltaic (PV) powered Sub Combiner Boxes installed strategically throughout the Solar Array System to serve various tracker system strings. Direct current (DC) power generated from the 1,152 Solar.Modules is conducted to the 14 Sub Combiner Boxes. From the 14 Sub Combiner Boxes, the DC power is conducted to a Main Combiner Box. From the Main Combiner Box, a single DC power line conducts the power to an Inverter. In the Inverter, the 600 volts DC power is then inverted to 480 volts AC power and then travels through a step up transformer to 12 kilo -volts (KV) for transmission to the nearest available Pacific Gas and Electric (PG&E) substation. The electricity generated from the • proposed system will be purchased by PG&E under'a July 7, 2011 California Public Utilities Commission (PUC) Feed -in -Tariff (FIT) program PG&E Power Purchase Agreement (PPA) with Pristine Sun for a 20 -year term. The applicant has provided a PPA executed with PG&E on August 31, 2011. The self-contained inverters, transformers, switchgear, and other associated electrical equipment are mounted on a porous concrete pads or an elevated skid supported by ground screws. A motorized tracker rotates the photo -voltaic modules around the horizontal (side-to-side) axis in an east to west motion, following the sun throughout the day. Tracker range of motion is ±451 over the north -south horizontal axis. Maximum panel height in the early morning and late evening hours is approkimately 8.5-10' in height above grade. Throughout most of the day panel positioning is relatively flat to encompass the most sunlight possible. This `stow' position height is typically 4.5-5' above grade (Figures 3' and 4 below). The manufacturer states that the photo- voltaic modules have an anti -reflecting coating for high sunlight absorption. `c+����������rr�� i�ir►v'r �r�wrnrrrwr 1 � i� ry ! �,a fAti�t��>"�}l�p, ♦ J M'7iY`�4. ��,�v�'. 9 .,���� i �C 't r l �• '�� �',�' `?5 ��� ��Ot�i��f�',?�-�6� ( ' � � ��pa�'��'�i?�pr �i�Q'4 j - I ':;"�.�.� a,-�,'�Pr��#`�s���?•t�.�'ri't 4�k''�k � � " fi'�,vss�' i� a�^v a j3, �J. .oma v+ G v�'t*�•s`e f SYsY'�''+fx+0. 4� h�'�' a�` � '� '✓ � `err` �c� ��+9a3�' � dl ��' r �:'8+ In,�;wR, ` %� �`r+. 3,,ra ��v .t ' �% �Y°/� r �•}'yr.'� �� � �� �.`r�,' s) � �+f'���"•.M �• .�. � , w�''�i �. �� , ��;A 4�t ..4�.? '�;;:,ti-Y..�% ��.<o@`�`�R,',: • •.ti''p � °',�3�4�t ' '� ,,•#4 Yc • Figure 3 - Typical East-West Tracker Elevation and Fencing. /1> rL C----- -- r SGGAR PANER, M. L / I I R z FEYISH GRADE, TYE'. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study —Pristine Sun - Foote UP 13-0003 ■ Page 6 of 47 ■ 29 Figure 4 - Typical North-South Tracker Elevation. The proposed photovoltaic solar array units are produced by Array Technologies Inc. of New Mexico. They are constructed of high-strength steel & anodized aluminum. The tracker solar panel units will be mounted be on top of a pile -driven "I" -beam support post with no concrete footings. These posts will be driven into the soil to a depth of eight to ten feet, depending on soil type. The trackers are made primarily of aluminum and galvanized steel. The maximum overall maximum height from ground grade of an array unit during daily operation is ten feet; typical height is seven to eight feet from grade, as shown in the figures below. The units will have a single -axis tilt, only horizontal (side-to-side) tracking, capability, and will be capable of a 90 degree tracking range of motion. The manufacturer claims that there is up to 25%, energy gain with tracking verses fixed position panels. The units are interconnected by weatherproof conduit buried in a single trench between each row. The tracker structure contains photo -voltaic (PV) modules mounted on a tracker support column framework aligned in a north -south row configuration. The tracker rotates PV modules about the horizontal axis in an east to west motion, following the sun throughout the day. Tracker range of motion is ±451 about the north -south horizontal axis. Backtracking (shade avoidance) is employed to eliminate shading and maximize energy production in the early morning and late afternoon. The applicant states that the photo -voltaic (PV) units contain no fluids or batteries. The manufacturer states that the photo -voltaic modules have an anti -reflecting coating for high sunlight absorption. Individual Module Specifications: Dimensions 77.4 in x 39.37 in x 1.97 in Weight 57.2 lbs Frame Aluminum alloy Front Tempered glass Enca sulant EVA Back Cover Composite sheet Cell Technology Polycrystalline Cell Size 156 mm x 156 mm 6 in x 6 in) Number of Cells Pieces 72 6 x 12 EVA (ethylene vinyl acetate) is used in the photovoltaic industry as a material to encapsulate the silicon cells in photovoltaic modules. System Design Characteristics: Operating Temperature — 40 IF to 185 °F Hail Safety Impact Velocity 25 mm at 23 m/s Fire Safety Classification IEC 61730 Class C Static Load Wind / Snow 2400 Pa / 5400• Pa System Operation The operation period of the Solar Generating Facility will be 7 days a week 365 days per year but only in the day light hours. The times of operation will vary as a function of the time or season of the year. After construction there will be quarterly maintenance visits to check the equipment operation and Solar Module cleaning. No one will be living on the site. The vehicles used in these visits will be a pickup truck for the maintenance personnel and a water truck for the cleaning crew. Fourteen hundred gallons of water a year will be used to clean the panels. There are no cleaning agents used to wash the panels. Operations and Maintenance Procedures For solar array facility system monitoring, Pristine Sun (PS) utilizes industry best practices and technology to continuously monitor the operations of the facility, using a combination of computerized monitoring techniques and periodic personnel observations. A Supervisory Control and Data Acquisition (SCADA) system will be installed on the site. PS will provide all maintenance throughout the life of the project. The facility will be remotely monitored by the SCADA system, which will limit the required site visits. Maintenance activities that will occur during site visits may include data collection, regular maintenance and any necessary repairs that may arise. Washing of Panel will be ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 7 of 47 ■ 30 used to clean the active surface of solar panels to optimize transmission of solar light and energy production. Panel washing would require approximately 1 liter per panel cleaning, and would be obtained from a 2,000 gallon cistern located on the Project site. The cistern would.be replenished with available water onsite or imported by water truck. PS will maintain the site in a way that vegetation does not shade or impact the SAS's performance. PS will plant the site with native ground cover. This will limit the need for some regular maintenance and will help maintain nutrient quality of the soil. No pesticides or herbicides will be used. PS may use professionally managed herds of sheep for periodic control of native grasses. No permanent storm water management equipment will be required for this site as this solar equipment is not expected to have an impact on storm water, surface water, or groundwater quality during operation. An access road will be developed for vehicles to enter the site and access the panel arrays for emergency access, maintenance and cleaning. During decommissioning of the facility, it is anticipated that the same access roads would be used for removal of the facility's components. There will be no continuous lighting on the site. Pacific Gas and Electric (PG&E) Approvals and Processes In 2006 the Legislature passed Assembly Bill (AB) 1969, ordering the development of a Power Purchase Agreement (PPA) for renewable generation installed by public water and wastewater agencies. The California Public Utilities Commission (CPUC) extended this Power Purchase Agreement to all customers who install renewable generation up to 1.5 MW. Effective February 20, 2008, PG&E will purchase power from customers who install eligible renewable generation up to 1.5 MW in size. Eligible renewable generation is defined by the Legislature in Public utilities Code Section 399.12.1. Once customers who meet the eligibility criteria and PG&E both sign the Power Purchase Agreement (PPA) and the customers interconnect to PG&E's grid, PG&E will pay them for energy they generate. PU Code Section 399.12 defines renewable generation as meeting Public Resources Code 25741, which describes renewable generation as an in-state facility using biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells using renewable fuels, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current. An "interval meter" will be installed at the facility to record the amount of power generated in each distinct hour of the day. The California Public Utilities Commission (CPUC) has established the Market Price Referent (MPR) that will be multiplied by a Time -of -Day factor to determine the price PG&E will pay the operator for electricity produced, as electricity produced during peak times is more valuable than electricity produced during other times. It is staff understanding that PG&E customers can use the electricity generated from their facility first/onsite to meet their own simultaneous needs and PG&E will purchase any power that is exported to the grid. Because this sale of power to PG&E will be a wholesale transaction, the operator needs Federal Energy Regulatory Commission (FERC) authorization to make such a sale even though the sale is consummated pursuant to a CPUC jurisdictional contract. To obtain such authorization the operator must either obtain Qualifying Facility (QF) status for the facility, or apply to FERC for market based rate authorization. Requirements that must be in place to start delivering power to PG&E are the following: 1. A fully executed Power Purchase Agreement (PPA) with PG&E 2. FERC authorization if determined necessary. 3. An electrical interconnection to PG&E's grid using PG&E's Small Generator Interconnection Procedures (SGIP). 4. The operator and PG&E may need to execute a FERC- approved Small Generator Interconnection Agreement (SGIA). 5. An appropriate meter installed, tested and approved by PG&E. 6. Certification from the California Energy Commission (CEC) of the facility's Status as an Eligible Renewable Energy Resource. 7. The facility needs to be registered in the Western Region Electricity Generation Information System (WREGIS). 8. The facility may need to be registered with the California Climate Action Registry, if required by the CPUC. 9. General Liability Insurance pursuant if/as required by the County. Decommissioning and Reclamation Plan In order to adequately protect the County and its citizens in the event the Applicant, or its successors or assigns, cannot complete the expected twenty (20) year Project lifespan, cease ongoing business operations, or abandon the Project and/or the Property for whatever reason, the County is requiring by approval of the Conditional Use Permit that the ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study —Pristine Sun - Foote UP 13-0003 ■ Page 8 of 47 ■ 31 applicant provide a Decommissioning and Reclamation Plan which satisfies the County's requirements. The approved plan shall provide for the establishment and maintenance of a non -wasting Decommissioning and Reclamation Financial Assurance Mechanism (Mechanism), with sufficient financial assurances to fully restore the Property to pre - Project conditions. The agreement shall allow the County to use the Mechanism to restore the Property to pre -Project conditions in the event that the Applicant, or its successors or assigns, do not properly decommission the Project or restore the Property to its original conditions within a reasonable time following the cessation of business operations or the abandonment of the Project or Property for whatever reason. The Decommissioning and Reclamation Plan shall provide that the amount of the Mechanism shall be calculated to fully implement the decommissioning activities for the Project and the Property. The Decommissioning and Reclamation Plan and the Mechanism shall comply with the DRAFT Financial Assurance Guidelines for Alternative Energy Structure Decommissioning and Reclamation in Butte County (June 2012), to the satisfaction of the Director of the Department of Development Services. The approved Mechanism shall include a feature which automatically adjusts the amount of the Mechanism annually, based on a specified inflation index, so that the Mechanism is inadequate to fully decommission the Project and restoration the Property. Project Lease Consistent with Subdivision Map Act In 2008, the California Legislature enacted the Local Government Omnibus Act of 2008 (SB 1124), making changes to the state laws affecting local agencies and land use, among them an exemption from the Subdivision Map Act leases and easements for solar electrical generation devices. The Subdivision Map Act governs how counties and cities approve the division of larger properties into smaller lots, including subdivision design and improvements (Government Code §66410, et seq.). The Map Act defines a "subdivision" as the division of land for the purpose of sale, lease, or financing (Government Code 66424). However, the Map Act specifically exempts about a dozen types of land divisions, including leases and easements for wind powered electrical generation devices, provided that the project is subject to local discretionary approval (Government Code §66412 [i]). SB 1124 created a similar exemption. This bill exempted from the Subdivision Map Act leases and easements for solar electrical generation devices, if the project is subject to other local agency ordinances regarding design and improvement, or if the project is subject to local discretionary approval. The project must receive the discretionary approval of the Planning Commission and is therefore exemption from the Subdivision Map Act with regard to leases and easements. O. Public A¢ency Approvals: Butte County Public Works/Land Division, Butte County Planning Division, Assessor's Office, Agricultural Commissioner, and Cal-FIRE/Butte County Fire Department. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 9 of 47 ■ 32 0 I ;find that "R d,;proJecf COULD NOT" have: .a lifti p� �PropQse 9 1 icant effect onthe qAyKPQmqP i .find that although the'proposed. projectCOUX "Onthe environment;:JI VHU NO T be _R 6,;,sig,tlifi"e,.Eiiit,-,effect .in this,,,.Case.,,'because=revi's'ionshave., beem made by ...or agreed to by the project; ...... proponent. ;A N1.I>TIGATEDrNE,GATI>VE 11 'be prepared: .1;find Attiat the'prp'.pIDs( prqjeci_CO3UL0,' have a signfirani .effedfin-t,h., ew environment, an. ENVIRONMGNTAt QT ,E ORT'is;requird. I'l find that ,;Al th 6 ujhltfi e. pro po scd,,p roj e d i4,, comi I d have a- significant effectfonAfi the. environment; }because: all P' 9 t66H4 _! DECLARATION 'can XT N �l 0 P' F .ear r�ER R orzNEGA z,- A zv�rqare ` i; V id, 616da , i Senior, Iniorplan*ner,Date . Revie t T i4f bite' w 3.0 t ethw fSE T POTENTIALLYSid IFTOAW E CHECKI A. nY 119ATOWY4*;0*40WAqWW The, environmental factors: A' k4`!.,(0eiCw, be p6 dri Wlj`� "S" by"! iihiis',' 'pir-o-j' ti, t .0 A ect;. however; whk, -ffie y 4110P M95 ggatT ppJpqt xgjIa p �, J reduce, to ..a `Hess than W4.2AgfiedlWfo[X<)r.,; t Biological ktsbwtfX4-Si:C%ti6fa-F* 14,6:Go-`gib -processes Ual Norse A., 11 "Houstn V*! 'Al J4.1153 Rec J AA.Trans p, MI1rYcq zol-Ali ;Stgnifcance B. :Evaluation of Environmental Imme. Or f Afbikf�`exp 'wers thatkare 004atOly Wppofte&hyl followingthe information sources a lead agency cues in the parentheses A­.'-'4'"Impact" N,. 0. 'l n! I answer ivade e Jii&.n _qgAtSJIM �t pppg� Ar�o simply.: dommott, ImpacV; Ou it FU 411.1 opply,10'."00 9 t 0�. A IN .... ...... . ....... ■ Ps CountyDepartment '-d,O -_ �■�iPlanntng Division . rn,tial study Pnstlne Sung {.Foote UA 1;3-0003■zPagerl0 of 47 �: answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 11 of 47 ■ 34 • 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: u Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or ality ofthe site and its surroundings? X eate a new source of substantial light or glare which uld adversely affect day or nighttime views in the rw( Xea? Public Views versus Private Views As noted above, one of the thresholds of significance provided in CEQA Guidelines is will the project have a substantial adverse effect on a scenic vista? General Plan Policy COS -P17.1 addresses the maintenance of scenic resources within the County as follows: Policy COS -P17.1 Views of Butte County's scenic resources, including water features, unique geologic features, and wildlife habitat areas, shall be maintained.* The project proposes development on a vacant portion of grazing area, which itself is not a notably visible or scenic vista within the County. However, it is located in a valley location where there are views of the foothills of the Sierra Nevada Mountains to the east and north from many locations. The project has the potential to affect some of these scenic views. Butte County has not promulgated regulations for the protection of scenic views from `private' land. Apart from the height restrictions in Article 4, Sections 24-14 D.2 and 3 and Article 25, Section 157 C 3, there are no restrictions or protections in Butte County's codes which ensure that existing scenic views from individual residences will be maintained. Views from individual properties are therefore not a specifically protected property right in Butte County. The Superior Court of Mendocino County found as follows, in the case of Association for Protection etc. Values v. City of Ukiah (1991) 2 Cal.AppAth 720, 734 [3 Cal. Rptr. 2d 488]: Under CEQA, the question is whether a project will affect the environment of persons in general, not whether a project will affect particular persons. Additionally, California landowners do not have a right of access to air, light and view over adjoining property. (Wolford v. Thomas (1987) 190 Cal. App. 3d 347, 358 [235 Cal. Rptr. 422]). Therefore under CEQA, the question is whether a project will affect the environment of `persons in general', not whether a project will affect particular persons. With regard to standard of significance "a" (whether the project would have a substantial adverse effect on a scenic vista), the analysis in this study focuses on the project's potential effect on views from surrounding parcels. Setting: The Northern Central Valley is home to many scenic resources that can be viewed from low elevation areas in Butte County. Views of the Sutter Buttes, Sierra Nevada Foothills, Coastal Ranges, and Mount Lassen are invaluable to Butte County's sense of place and the enjoyment of its residents. The fence that will surround the array could constitute a degradation of the existing rural visual character depending on the height and material. Impact Discussion: The project proposes to develop a Solar Energy Generation Facility composed of 1,152 pole -mounted, single axis tracking photovoltaic modules to be situated on approximately 3 acres in the northwest portion of the 10 -acre project ■ Butte County Department of Development Services ■ ■ Planning Division ra Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 12 of 47 ■ 35 i 0 parcel, per the Site Plan (see Figures 1 & 2 above). The facility will be enclosed with 6' high security fencing with 3 strands of barbwire at the top. The fence will be covered with green weather-proof material and/or shielded with landscaped vegetation as needed, as determined by the Director of Development Services. Minimum setbacks from the security fencing to the array blocks are 30 feet. The facility will have a pole mounted full pan -tilt -zoom security camera which is accessible remotely through the internet. As previously described, a motorized tracker rotates the photo -voltaic modules about the horizontal axis in an east to west motion, following the sun throughout the day. Tracker range of motion is t45° about the north -south horizontal axis. Throughout most of the day panel positioning is relatively flat, typically 4.5-5' above grade, to encompass the most sunlight possible. The maximum panel height in the early morning and late evening hours is approximately 8.5- 10' in height above grade. During those periods, the panels may extend as much as 2 '/2 to 4 feet above, and be visible over the six-foot (6') high screening fence (see Figure 3 above). The photo -voltaic modules and trackers are constructed of high-strength steel & anodized aluminum. The manufacturer states that the photo -voltaic modules have an anti -reflecting coating for high sunlight absorption. Zoning Code Section 24-157 C. 6 includes the following regarding solar energy facilities. "For Solar Energy Facilities in Scenic areas, as designated in the General Plan (Figures COS -7, and COS -9, Conservation and Open Space Element), efforts shall be made by the owner/installer of the Solar Energy Facility, to the maximum extent practicable, to shield the Solar Energy Facility from public view. On-site transmission and power lines shall, to the maximum extent practicable, be placed out of sight or underground." The project site is not located in the identified scenic areas identified on COS -7 and COS -9 in the Conservation and Open Space Element. However, to help reduce adverse effects of the project on aesthetics, the applicant has committed to the following project feature, which will be required as a condition of use permit approval: The facility shall be enclosed with 6' high security fence. The fence will be covered with green weather-proof, 20 -year lifespan material and/or shielded with landscaped vegetation as needed, to the satisfaction of the Director the Department of Development Services. The minimum setback from the security fencing to the solar array units is 30 feet. Residential Sensitive Receptors The nearest offsite residential use (sensitive receptor of noise) is located approximately 500 feet to the south. The project site owner's residence is located approximately 170 feet from the proposed facility. The primary use in the area is agriculture. a) Less Than Significant Impact. The project has some potential to have a substantial adverse effect on a scenic vista, but based on the distance from the nearest residence (500 feet), existing landscaping and man- made levee/canals, it will be minimal visual impact. The project site itself is flat and treeless and contains no significant scenic resources. Therefore, the proposed structures will not physically damage any on-site scenic resources. Given the descriptions and discussion above, it is reasonable to conclude that the project will not significantly affect the public visibility of scenic views in general of the Sierra Nevada foothills in the area of the project, except from specific locations surrounding the project site. It is therefore reasonable to conclude that the project's overall effect on scenic vistas is less than significant. b) Less Than Significant Impact. The existing visual character of the project site is flat agricultural land, in pasture. There are no significant physical features on the site. There are therefore no potential for the project to substantially damage a scenic resource (e.g. trees, rock outcroppings, and historic buildings) on the site. C) Less Than Significant Impact. As discussed above, the nearest off-site residence is located 500 feet south of the site. The parcels in the surrounding area are primarily used for agricultural use or are vacant parcels. Despite the low residential density of the surrounding area, the addition of a 3 -acre solar array and fence could incrementally degrade the existing visual character or quality of the site and its surroundings. However, as discussed above, there are no restrictions or protections in Butte County's codes which ensure that existing scenic views from individual residences will be maintained. Views from individual properties are not a specifically protected property right in Butte County. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 13 of 47 ■ 36 The existing visual character of the project area can be described as one of extensive flat agricultural land, in pasture, irrigated rice and orchard production. Residential uses are sparse. -Landscape trees and other features are normally located in the context of the residential uses. Views in all directions are generally open and distant. Regarding the project's potential to substantially degrade the existing visual character or quality of the site and its surroundings, the facility will be enclosed with 6' high security fencing with 3 strands of barbwire at the top. The fence will be covered with green weather-proof material and/or shielded with landscaped vegetation as needed, as determined by the Director of Development Services. Minimum setbacks from the security fencing to the array blocks are 30 feet. The facility will have a pole mounted full pan -tilt -zoom security camera which is accessible remotely through the internet. The maximum panel height in the early morning and late evening hours is approximately 8.5-10' in height above grade, during those times extending as much as 2 %2 to 4 feet above, and be visible over the six-foot (6') high screening fence. The following findings are drawn from the preceding discussions: 1. Development of the project on 3 acres of currently undeveloped agricultural land would not result in a substantial change to the visual character of the site and its immediate area. 2. The visual impacts from the proposed facilities are different and unique from any other uses in the area. 3. The massing, and materials of the facilities proposed by the project are similar to those of common agricultural buildings (barns, warehouses, grain elevators, silos, etc.) which could be developed as - of -right under the Butte County Zoning Code on agricultural property in and around the community of. However, the size, form (3 acres of solar panels) is different from structures that are commonly experienced in the area. 4. The facility will be enclosed with 6' high security fencing with 3 strands of barbwire at the top. The fence will be covered with green weather-proof material and/or shielded with landscaped vegetation as needed, as determined by the Director of Development Services. Minimum setbacks from the security fencing to the array blocks are 30 feet. This will substantially reduce the visual impacts of the proposed facility. 5. As previously described, a motorized tracker rotates the photo -voltaic modules about the horizontal axis in an east to west motion, following the sun throughout the day. Tracker range of motion is ±451 about the north -south horizontal axis. Maximum panel height in the early morning and late evening hours is approximately 8.5-10' in height above grade. During those periods, the panels may extend as much as 2 %z to 4 feet above, and be visible over the six-foot (6') high screening fence (see Figure 3 - above). Throughout most of the day panel positioning is relatively flat, and hidden by the screening fence. 6. The unobstructed views that would be affected by the project are one of many components of community's visual character. 7. The physical distance between existing residential uses and the proposed facility will help to decrease the likelihood of aesthetics -related land use conflicts. Project development will result in an incremental adverse effect on the existing visual character or quality of the site and its surroundings. However, the project includes a screening fence and is expected to affect only a small portion of the overall field of vision for the surrounding area, within the broader visual character of the project area, and only from some of many viewpoints. Given the analysis above, it is reasonable to conclude that the project will not generally substantially degrading the existing visual character or quality of the site and its surroundings. d) Less Than Significant Impact. The proposed solar array will face in an east -west direction and may create a new source of glare. Maximum panel height in the early morning and late evening hours is approximately 8.5-10' in height above grade. During those periods, the panels may extend as much as2 '/i to 4 feet above, and be visible over the six-foot (6') high screening fence (see Figure 3 above). Throughout most of the day panel positioning is relatively flat, and hidden by the screening fence. The amount of glare would be less than significant. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 14 of 47 ■ 37 Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Less Than Significant Less Than No Reviewed Under Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the X maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a X Williamson Act Contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources X Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest X land to non -forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of X forest land to non -forest use? Setting: The parcel is designated as Agriculture in Butte County's 2030 General Plan and is zoned AG -20. The project site area has been used as an extra grazing area. The National Resource Conservation Service (NRCS) has categorized the soil in the project site area as Oroville-Thermalito-Fernandez Thompson Complex soil, a Class IV soil with moderate expansive and slight erosion potentials. The NRCS defines the Class IV soils as follows: Class IV soils have very severe limitations that reduce the choice of plants or that require very careful management, or both. These soils need a greater intensity of conservation practices for cultivated crops than Class III land. In most cases this land should be in permanent crops such as pastures. Impact Discussion: a) No Impact. Important Farmland Maps are updated every two years through the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency. Using soil survey data and aerial imagery from the U.S. Department of Agriculture -Natural Resource Conservation Service (NRCS), these maps show areas of agricultural activity throughout California broken down by county. These agricultural areas displayed on the maps are categorized as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Grazing Land, Urban and Built -Up Land, and Other. They are defined by the NRCS as: Prime Farmland: Prime Farmland has the best combination of physical and chemical features able to sustain long-term agricultural production. This land has soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 15 of 47 ■ 38 Farmland of Statewide Importance: Farmland of Statewide Importance is similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil' moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date Unique Farmland: Unique Farmland consists of lesser quality soils used for the production of the state's leading agricultural crops. This land is usually irrigated, but may include non -irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date. Grazing Land: Grazing Land is land on which the existing vegetation is suited to the grazing of livestock Urban and Built -Up Land: Land that is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Other Land: Land that is not included in any other mapping category. Common examples include low density rural developments, brush, timber, wetland, and riparian areas not suitable for livestock grazing, confined livestock, poultry,. or aquaculture facilities, strip mines, borrow pits, and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. The purpose of the FMMP is to catalogue all land based on its agricultural uses, however it is only the Prime Farmland, Farmland of Statewide Importance, and Unique Farmland designations that are used to determine significant agricultural productivity of a region. Based on a soil survey map completed in 2010 that mapped 1,073,252 acres in Butte County, the FMMP identified the project site area as "Other Land" (Department of Conservation, 20 10) and is therefore not a specifically protected State resource of concern under CEQA. b) Less Than Significant Impact. Section 4.10 Land Use for. this study discussedthe proposed project's consistency with the Butte County General Plan and Zoning Code. That discussion. concluded that the project will not conflict with any applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. The zoning identifies that Utilities, Major require a conditional use permit. The project, as discussed in that section. The project parcel is not under Williamson Act contract. There are no surrounding parcels in Williamson Act Contract. c) & d) No Impact. The Butte County General Plan and Zoning Ordinance have not designated the project site as forested land, timberland, or timberland zoned Timberland Production, nor has it proposed a conversion of the site to any of these designations. e) Less Than Significant Impact With Mitigation Incorporated. The land is designated as "Other Land" under the FMMP, and is therefore not a specifically protected State resource of concern under CEQA. Although the proposed solar array project will convert a small area of extra grazing land to a non-agricultural use, this change would not significantly impact the parcel's long-term agricultural potential due to the already unproductive Class IV soils underlying the site, and due to the Condition of Approval on the project requiring that the facility be decommissioned and the site restored to pre -Project conditions. Butte County Right -to -Farm Ordinance Butte County Code Section 35-8 (Right -to -Farm Ordinance) helps insure that the operation of non- agricultural uses do not adversely affect nearby agricultural uses. A Condition of Approval of this Use Permit will require that the applicant record an Acknowledgement of the Butte County Right -to -Farm Ordinance, which states in part as follows: "The County of Butte permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Butte County and has declared this County policy in the Butte County Right to Farm Ordinance (Butte County Code, Chapter 35) to conserve, protect, ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 16 of 47 ■ 39 enhance, and encourage such operations. Residents or users of property located near an agricultural operation on agricultural land may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. One (1) or more of these inconveniences or discomforts may occur as result of any properly conducted agricultural operation on agricultural land. The County of Butte has determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Butte County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. " Noxious Weeds Control Noxious weed pose a threat to the productivity of agricultural lands. Growers address the potential for growth of noxious weeds on their land on a regular basis. However, vacant and unattended land can serve as a repository and propagation area for noxious weeds which can them spread to adjacent lands, carried by wind, water, animals and equipment. The project site area is currently as extra grazing area. The project proposes development of a solar energy generating facility on approximately 3 acres of the parcel. The Butte County Agricultural Commissioner has expressed concern that the project site, being fallow and proposed for development of a solar facility may pose a concern regarding proliferation of noxious weeds on that 3 -acre developed portion of the site. Even though the 3 acre area is not located immediately adjacent to any existing agricultural operation, a mitigation measure is included that will reduce the potential for noxious weeds. Therefore, the Agricultural Commissioner is requiring the following Mitigation Measure below. Mitigation Measure #1- (Noxious Weeds Management Plan) In compliance with General Plan Policy COS -P8.4, place Condition of Approval on the Use Permit that states: "Prior to implementing any approved uses, submit a Noxious Weed Control Plan for approval by the Agricultural Commissioner." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the approved use on the parcel. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and on all building and site development plans. This Conservation Measure must be completed prior to final inspection for the first building permit. Violations of the mitigation will be reviewed by the Butte County Agricultural Commissioner's Office on a complaint basis. 4.3 AIR QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 17 of 47 ■ 40 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated Fe. Create objectionable odors affecting a substantial number of people? X Setting: Butte County is located in the northern portion of the Sacramento Valley Air Basin (SVAB), which includes the counties of Butte, Colusa, Glenn, Shasta, Sutter, Tehama and Yuba. The SVAB is bounded on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. Dispersion of local pollutant emissions is predominantly affected by the prevailing wind patterns and inversions that often occur in the northern SVAB. Existing air quality conditions in Butte County can be characterized in terms of the ambient air quality standards that the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA) have established to achieving and maintain healthful air quality throughout the air basin. The standards set forth by CARB that directly affect the SVAB are found in the Northern Sacramento Valley Air Basin (NSVAB) Air Quality Attainment Plan. Impact Discussion: Air quality will not be substantially affected by this relatively small project. As explained in the Transportation/Traffic section, due to the non-residential nature of this proposal, negligible new automobiles (maintenance trucks) will be added to the periodic area traffic flow after the project is completed. Minor volatile organic compounds (VOCs) may be released while performing routine maintenance twice a year on the solar panels. Fugitive dust from vehicle movement would affect local air quality at various times during the construction phase of the proposed project. The dry, windy climate of the area during the summer months creates a high potential for dust generation when and if underlying soils are exposed. Clearing, grading and earthmoving activities have a high potential to general dust whenever soil moisture is low and particularly when the 'wind is blowing. Regarding construction activities that create dust, the Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emissions for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. The following policy from the General Plan Conservation and Open Space (COS) Element is mandatory for mitigation of potential adverse environmental effects relating to air quality. COS -P5.2 - "Developers shall implement best management practices to reduce air pollutant emissions associated with the construction and operation of development projects." The main issues involving air quality are the presence of dust from construction activities, and the emissions caused by construction equipment. As cited in the mitigation measure below, Butte County already has in place specific mitigation measures related to dust, and due to the temporary presence of construction equipment, emissions from these vehicles will not significantly impact the airshed. a) Less Than Signification Impact. With the mitigation measure cited below to control dust and emissions during construction, the relatively small size of the project will not conflict with, or obstruct, the implementation of the NSVAB Air Quality Attainment Plan. b) Less Than Significant Impact. With the mitigation measure cited below to control dust and emissions during construction, the minor operations that would adversely affect air quality will not violate the standards set by regional air quality monitoring agencies. There are also no concurrent activities of concern to air quality near the project site that construction would contribute to. Undoubtedly fossil fuel emissions will occur during construction operation hours, but they are marginal and mitigated, when compared to overall air quality. C) Less Than Significant Impact With Mitigation Incorporated. Construction activities are a source of tail pipe emissions and these will undoubtedly occur regardless of the projects scale. Although construction - related sources are mobile and transient in nature, during construction various diesel -powered vehicles and ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 18 of 47 ■ 41 equipment are in use. However, with the mitigation measure cited below to control dust and emissions during construction, because of its temporary duration and the low-density character of the area, health risks from construction emissions of diesel particulate would be less -than -significant. d) Less Than Significant Impact with Mitigation Incorporated. The closest sensitive receptor (e.g., schools, hospitals, etc.) are Biggs Elementary, Middle and High Schools, which are located approximately 3.2 miles to the southwest of the solar facility. As discussed in Section 4.1 Aesthetics of this study, the nearest residential use (potential sensitive receptors) is located approximately 500 feet to the south. The project site owner's residence is located approximately 170 feet from the proposed facility. However, apart from construction air quality impacts which are addressed by the Mitigation Measure below, no additional substantial pollutant concentrations are expected form the project. e) Less Than Significant Impact. Diesel -powered vehicles and equipment being used on the site during the construction and development phase would most likely create exhaust odors but, given the size of the proposed parcels and sparse surrounding residential densities, such odors are not likely to be noticeable beyond the project boundaries. Mitigation Measure #2 - (Nuisance and Fugitive Dust Emissions) Place a condition of Approval on the Use Permit requiring implementation of the following protections for air quality, consistent with BCAQMD best practices: Implement Dust Control Measures The following measures shall apply to all development activities on the project site. Follow the air quality control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD to comply with Rule 205 - Fugitive Dust Emissions or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the company person and telephone number to contact regarding dust complaints. This person shall respond and take corrective action with regard to Rule s 200 & 205. The name and telephone number of the Butte County Air Quality Management District shall also be included to ensure corrective action is taken in compliance with BCAQMD Rules 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 19 of 47 ■ 42 E 0 Plan Requirements: This note shall be placed as a Condition of Approval on the. Use Permit and a note on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services shall ensure that these requirements are a Condition of Approval of the Use Permit, and that the note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? E Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, X or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident or X migratory fish or wildlife species? k. Introduction of any factors light, fencing, noise, human X ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 20 of 47 ■ 43 • 0 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated presence and/or domestic animals) which could hinder the normal activities of wildlife? Setting Butte County is located in a Mediterranean climate that is characterized by mild winters and dry summers. The County is comprised of two environments: the Sierra Foothills, and the northern portion of California's Central Valley. The project area itself is comprised of fairly level terrain and has been used for agricultural uses. Currently it is used as extra pasture/grazing area. General Plan Polices Regarding Biological Resources The following polices from the General Plan Conservation and Open Space (COS) Element may be applicable to this project. Those polices which are noted with an (*) are mandatory polices required by the General Plan for mitigation of potential adverse environmental affects: COS -P7.4 "New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP.*" The project site area has been used for agricultural uses and is not habitat area for protected species. Minimal impact will be done to development area. The solar array poles are driven into the ground with as little disturbance as possible. COS -P7.5 "No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCPMCCP, upon the future adoption of the HCP/NCCP.*" The project site area has been used for agricultural uses and does not have any identified wetlands in the project area. COS -P7.6 "New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCPMCCP.*" There are no riparian corridors on or adjacent to the project site. COS -P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction activities and maintained throughout the construction period.* There are no sensitive resources on or adjacent to the construction site area. COS -P7.8 "Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development -associated activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special -status plan and wildlife habitats, nests of special -status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.*" is Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 21 of 47 ■ 44 No on-site biological resources were identified. COS-P&I "Native plant species shall be protected and planting and regeneration of native plant species shall be encouraged, wherever possible, in undisturbed portions of development sites." The project site area and use of the parcel has modified the natural state of the parcel. The solar facility will be located in an area that has been used for agricultural uses. Currently the area is being used for extra pasture/grazing area. COS -9 Protect identified special -status plant and animal species. No special -status plant or animal species were identified in the project area. COS -P9.2 "If special -status plant or animal species are found to be located within a development site, proponents of the project shall engage in consultation with the appropriate federal, State and regional agencies and mitigate project impacts in accordance with State and federal law. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), mitigation requirements of the HCPMCCP shall be implemented for development with the HCP/NCCP area. Examples of mitigation may include:*" a. Design the proposed project to avoid and minimize impacts.* b. Restrict construction to specific seasons based on project -specific special -status species issues (e.g. minimizing impacts to special -status nesting birds by constructing outside of the nesting season).* c. Confine construction disturbance to the minimum area necessary to complete the work.* d. Mitigate for the loss of special -status species by purchasing credits at an approved conservation bank (if a bank exists for the species in question), funding restoration or habitat improvement projects at existing preserves in Butte County or purchasing or donating mitigation lands of substantially similar habitat.*" e. Maintain a minimum 100 -foot buffer on each side of all riparian corridors, creeks and streams for special -status and common wildlife.*" f. Establish setbacks from the outer edge of special -status species habitat areas.* No special -status plant or animal species were observed within the 3 -acre development footprint. Impact Discussion: a - c) No Impact. The project site has been developed with residential and agricultural uses. The area proposed for the solar facility will be located in an area that has been used for agricultural purposes. Currently it is used as extra pasture/grazing area. The project would not have impacts on any species identified as a candidate, sensitive, or special status species, riparian habitat or other sensitive natural community or wetlands. d) No Impact. The proposed solar facility will be located a 3 -acre area in the northwest portion of the 10 -acre project parcel. The area has been used for agricultural use over the years. It is currently being used as extra pasture/grazing area. The development of the solar facility will not impact native wildlife species. e) No Impact. The project does not propose to remove any vegetation. There are existing tress, including eucalyptus, that will remain and provide a visual buffer from surrounding parcels. 0 Less Than Significant Impact. This site is located within the area for which the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCPMCCP) is being prepared by the Butte County Association of Governments. The project site and the parcel to the south are designated "Ranchettes Open". Area to the north is designated as "Open Water" and "Grassland". Area to the west is designated as "Major Canal" and "Grassland". Lands to the east and south are designated as "Orchard Vineyard". There is an area to the north east, across Larkin Road, designated as "Grassland" with "Vernal Pools" and "Altered Vernal Pools". However, the site is not presently within an adopted HCPMCCP or other approved habitat conservation plan area. Nevertheless, the project was provided to the following for pre-HCP-NCCP adoption ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 22 of 47 ■ 45 0 i review and comments. No comments or recommendations were received from agencies for incorporation into this CEQA review. This proposal would not conflict with the ongoing process for adoption of the future HCP/NCCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan. On the movement of fish or wildlife and migratory corridors; no further analysis is required. g) & h) No Impact. The project site was not identified with any critical habitat for any unique, rare, threatened or endangered species of animals. The site has been used for agricultural uses, most recently as extra grazing area. No vegetation is proposed to be removed. Based on the small scale size of the project (3 acres), and the existing uses on the 10 acre parcel, the project will have minimal impact to onsite animals, including birds, reptiles and other mammals. i) No Impact. Native habitat on the project site has already been substantially modified by farming, grazing and residential development. The project — enabling the development of a 3 -acre solar facility site — will not result in any deterioration of existing fish or wildlife habitat, nor introduce barriers to movement of any resident or migratory fish or wildlife species. j) & k) Less Than Significant Impact. Introduction of the solar facility, with new fencing will not significantly impact normal activities of wildlife on site and in the project area. The facility proposes to be located on 3 acres of a 10 - acre parcel. The proposed project will not introduce additional human presence or associate domestic animals or lighting. Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Setting: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, cemeteries, water ditches and flumes, and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to the Northeast Information Center, neither prehistoric nor historic resources have been recorded in the project area or vicinity. The 1983 Butte County Archaeological Sensitivity Map shows the project parcel to be within an area of moderate to low (including unknown) archaeological sensitivity. Impact Discussion: a) & b) Less Than Significant Impact With Mitigation Incorporated. The site has minimal potential to contain cultural or historic resources. Future soil disturbance activities on the project site have the potential to uncover historic or prehistoric cultural resources that are not visible on the surface. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, the Mitigation Measure below is required to address these concerns and ensure that potential impacts are reduced to a Less than significant level. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 23 of 47 ■ 46 c) & d) Less Than Significant Impact With Mitigation Incorporated. No unique paleontological resources or unique geologic features are known to exist on the site. No human remains are known to exist on the site. If human remains are discovered during land disturbance activities, California Health and Safety Code §7050.5 requires that the County Coroner be contacted to examine said remains. It is unlikely that these resources exist; however, the Mitigation Measures below is required to address these concerns and ensure that potential impacts are reduced to a less than significant level. Mitigation Measure #4 - (Cultural Resources) Place a Condition of Approval on the Use Permit UPI 3-0003 that states the following: "During any excavation or other substantial subsurface disturbance activities, individuals conducting the work should be advised to watch for cultural resource materials. Should any evidence of prehistoric cultural resources be observed (freshwater shells, beads, bone tool remnants or an assortment of bones, soil changes including subsurface ash lens or soil darker in color than surrounding soil, lithic materials such as flakes, tools or grinding rocks, etc.), or historic cultural resources (adobe foundations or walls, structures and remains with square nails, refuse deposits or bottle dumps, often associated with wells or old privies), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The Condition of Approval shall be required on the Use Permit UPI 1-0002 and on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services shall ensure that this requirement is followed and is placed on all building and site development plans. Should any evidence of prehistoric cultural resources be observed as described above, all work should immediately cease, and a qualified archaeologist must be consulted to assess the significance of the cultural materials and report such assessments to the Department of Development Services. The Department of Development Services shall then coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including liquefaction? X 4. Landslides? b. Result in substantial soil erosion or the loss of topsoil? X ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 24 of 47 ■ 47 a Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? Setting: The Health and Safety Element of the Butte County General Plan 2030 (2010) notes that the "intensity of seismically - induced ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and the local geologic and soil conditions. Conservatively, ground motions as strong as those observed during the 1975 Oroville earthquake (Modified Mercalli Intensity VIII) can be expected anywhere in Butte County. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 10.4 miles east of the project site, where, on August 1, 1975, the Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. Like most of north central California, the site will likely be subjected to seismic ground shaking at some future time. Impact Discussion: a-1) Less Than Significant Impact. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 10.4 miles to the east of the project site. The Butte County GIS Fault Lines theme shows a series of northwest trending inferred fault lines, the nearest of which is located approximately 6.4 miles east of the project site. a-2) Less Than Significant Impact. Like most of central California, the site may be subjected to seismic ground shaking at some future time and all buildings and other improvements must be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone. Potential adverse effects due to strong seismic ground shaking would be less than significant. a-3) Less Than Significant Impact. The Butte County Health and Safety Element's Liquefaction Potential Map indicates that the site has a generally low to moderate potential for liquefaction and ground subsidence due to earthquake. Required compliance with the applicable portions of the Uniform Building Code as adopted by Butte County, and the project site's lack of sub -surface soils that are permanently saturated, will reduce to less than significant potential adverse effects to future structures due to liquefaction or subsidence. a-4) No Impact. The project site's flat terrain and has a low to no threat of landslides due to earthquake b) Less Than Significant Impact. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the project site has a slight potential for soil erosion. The site is essentially flat. The project site is moderately vegetated with grass and its slope does not exceed two percent. Naturally occurring erosion associated with the seasonal creek will likely continue to occur. Disruption of soils on the site is not expected to create significant soil erosion due to the flat topography on the site. The project's construction activities will be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 25 of 47 ■ 48 • control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. The project would therefore not result in substantial soil erosion or the loss of topsoil. C) No Impact. The project is not located on an unstable geologic unit or soil and will not cause instability that would result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. d) Less Than Significant Impact. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil potential. As part of the building permit process for structures on the project site, the Butte County Building Division will ensure that the foundations of all new structures are adequately designed for the shrink/swell characteristics of expansive soils and no significant impacts to life or property are expected. The applicant's engineer will be required to design the footings for all structures to address this soil condition. The pilings for the tracker supports will be driven into the ground approximately eight to ten feet depending on soil type. e) Less Than Significant Impact. No water or wastewater facilities are proposed in this project. The water source be for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck set up for cleaning the panes. The applicant will only use water for cleaning the panels. The water will drain from the panels onto and into the soil. Mitigation Measure: None required 4.7 GREENHOUSE GASES: Would UP10-0003, LLA11-001 and Potentially Less Than Significant Less Than Reviewed Under associated improvements: Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on X the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the X emissions of greenhousegases? Impact Discussion: Global climate change is a term used to describe changes in average weather patterns on earth. Global climate change is typically associated with human activities and the results of human activities and can be detected in wind patterns, storms, precipitation, and temperature. Climate change projected in California has the potential to affect the State's public health via air quality, and weather-related disaster events, according the California Environmental Protection Agency (Cal -EPA). Geological records of temperature changes occurring in the past, for instance during pre -historic ice ages, provide a baseline by which changes are evaluated. This pre -historic record has been extrapolated to identify statistically significant differences in the rate and magnitude of climate change during the Industrial Age, which is the last 150 years. The natural process through which heat is retained in the troposphere is called the "greenhouse effect." The greenhouse effect traps heat in the troposphere through a threefold process as follows: short wave radiation emitted by the Sun is absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave radiation; and Green House Gases (GHGs) in the upper atmosphere absorb this long wave radiation and emit this long wave radiation into space and toward the Earth. This "trapping" of the long wave (thermal) radiation emitted back toward the Earth is the underlying process of the greenhouse effect. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 26 of 47 ■ 49 The most abundant GHGs are water vapor and carbon dioxide (CO2). To gauge the potency of GHGs, scientists have established Global Warming Potential (GWP) for each GHG based on its ability to absorb and re -radiate long wave radiation. The GWP of a gas is determined using CO2 as the reference gas with a GWP of 1. Northern Sacramento Valley Air Basin The California Clean Air Act (CCAA) requires air districts to assess the progress made towards attaining the state air quality standards every three years. The Sacramento Valley Basin -wide Air Pollution Control Council (BCC) is the organization authorized pursuant to California Health and Safety Code Section (HSC) 40900 to carry out activities pursuant to State law and the California Code of Regulations (reference HSC §41865 and §41866; California Code of Regulations 80100 et. seq.). The proposed project is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB is bounded on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. At present the parcel proposed for project development is vacant pastureland. The project site, located in an unincorporated part of Butte County in the community of Palermo, has been utilized for animal pasture over time. The project has potential to generate greenhouse gases primarily from construction vehicle emissions during project development, and the emissions form periodic maintenance vehicle emissions. Construction and project development are expected to last 4-6 weeks, with involvement of several large materials delivery trucks, one or two tractors and several normal construction worker trucks. The project is expected to generate approximately 0.5 mega -watts of electricity per day, which will be conducted back into the statewide power transmission and distribution grid. The facility itself is not expected to generate any greenhouse gases during or due to its operations in generating this electricity. Currently, the electricity sector of the United States is responsible for about 41% of the nation's CO2 emissions, and half of the sector's production comes from coal-fired power plants (EIA). It is therefore it is reasonable to describe a solar -energy generation facility as a net reducer of greenhouse gases, as the electricity produced by the proposed facility will be used in -lieu of energy produced by other coal -powered, greenhouse gas generating facilities. It is reasonable to project that the project will have a significant effect in reducing greenhouse gas emissions over its anticipated 20 -year lifespan. (EIA, U.S Energy Information Administration, Independent Statistics and Analysis. Annual Energy Outlook 2011 with Projections to 2035. December 16, 2010.Washington, DC. Accessed at: http://www.eia.gov/oiagaeo/overview.htmi) State Plans, Policies and Regulations California Air Resources Board (CARB) is the agency responsible for coordination and oversight of state and local air pollution control programs in California and for implementing the California Clean Air Act, which was adopted in 1988. Various statewide and local initiatives to reduce the state's contribution to GHG emissions have raised awareness that, even though the various contributors to, and consequences of, global climate change are not yet fully understood, global climate change in under way, and there is a real potential for severe, adverse environmental, social, and economic effects in the long term. Because every nation emits GHGs and therefore makes an incremental cumulative contribution to global climate change, cooperation on a global scale will be required to reduce the rate of GHG emissions to a level that can help to slow or stop the human - caused increase in average global temperatures and associated changes in climatic conditions. AB 32, Global Warming Solutions Act AB 32, the Global Warming Solutions Act of 2006 is currently California's primary Green House Gas regulatory mechanism. AB 32 is intended to codify the State's GHG emissions target by directing CARB to reduce the State's global warming emissions to 1990 levels by 2020. CARB regulations are required to begin phasing in by 2012. AB 32 was signed and passed into law by Governor Schwarzenegger on September 27, 2006. Since that time, the CARB, CEC, CPUC, and Building Standards Commission have all been developing regulations that will help meet the goals of AB 32 and Executive Order S-3-05. Also in 2009, President Obama announced a national policy aimed at both increasing fuel economy and reducing GHG pollution for all new cars and trucks sold in the United States. The new standards would cover model years 2012 to 2016 and would raise passenger vehicle fuel economy to a fleet average of 35.5 mpg by 2016. When the national program takes effect, California has committed to allowing automakers who show compliance with the national program to also be deemed in compliance with State requirements. California is committed to strengthening standards ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 27 of 47 ■ 50 for all new cars and trucks sold in the United States beginning in 2017 to obtain a 45 percent GHG reduction from the 2020 model year vehicles. As directed by AB 32, CARB has also approved a statewide GHG emissions limit. On December 6, 2007, CARB staff resolved an amount of 427 million metric tons of carbon dioxide equivalent (MMTCO2e) as the total statewide GHG 1990 emissions level and 2020 emissions limit. The limit is a cumulative statewide limit, not a sector- or facility - specific limit. AB 32 Scoping Plan AB 32 Scoping arises from AB 32. Pursuant to AB 32, the State CARB adopted a Scoping Plan in December 2008. It contains the State's main strategies to reduce GHGs from business -as -usual emissions projected for 2020 to 1990 levels. Business -as -usual (BAU) is the projected emissions for 2020, including increases in emissions caused by growth, without any GHG reduction measures. The Scoping Plan has a range of GHG reduction actions, including direct regulations, alternative compliance mechanisms, monetary and non -monetary incentives, voluntary actions, and market-based mechanisms such as a cap - and -trade system. It requires CARB and other State agencies to develop and adopt regulations and other initiatives reducing GHGs by 2012. The Scoping Plan is the State's comprehensive set of strategies for energy efficiency, cleaner vehicles and fuels, renewable energy, and sustainably planned and healthier communities. Many strategies are already in place and others will be implemented over coming years. However the rule-making process to implement the AB 32. Scoping Plan is still underway, and not expected to be completed until early 2013. Therefore there are still no clear regulations codified in State law with which a project must comply. Local Regulations and Plans To date, neither the Butte County Air Quality Management District (BCAQMD) nor Butte County have yet promulgated regulations related to climate change.mitigation or to the CEQA analysis of climate change. Other Air Quality Management Districts have begun processes to establish thresholds of significance for climate change -related impacts. These Districts include the Sacramento Metro Air Quality Management District (SMAQMD), the Bay Area Air Quality Management District (BAAQMD), the San Joaquin Valley Air Pollution Control District (SJVAPCD), and the South Coast Air Quality Management District (SCAQMD). a) Less Than Significant Impact. Given the net greenhouse -reducing short-term duration and limited scope of the construction/development activities, and the infrequent maintenance truck trips needed to maintain the facilities, the project is not expected to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. b) No Impact. There are no applicable State or local regulations or plans for greenhouse gas reduction with which the project could comply. However, given that the proposed facility is expected to be a net greenhouse gas reducer, it is reasonable to state that the project will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study - Pristine Sun - Foote UP 13-0003 ■ Page 28 of 47 ■ 51 • 0 4.8 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a X significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the proiect area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Setting: The project setting is in a rural area southeast of Oroville characterized by agricultural and rural residential land uses, without any known hazardous materials issues in the area. Impact Discussion: Photo -Voltaic Hazardous Materials The most significant environmental, health and safety hazards are associated with the use of hazardous chemicals in the `manufacturing' phase of the solar cell. The environmental, health and safety concerns for the post -manufacturing life -cycle of photo -voltaic modules are minimal and limited to rare and infrequent events. Further, the benefits of photovoltaics tend to far outweigh risks especially when compared to conventional fossil fuel technologies (Good, 2012). According to researchers at the Brookhaven National Laboratory, regardless of the specific technology, photovoltaics generate significantly fewer harmful air emissions (at least 89%) per kilowatt-hour (KWh) than conventional fossil fuel fired technologies (Vasilis, 2008). Improper disposal of solar panels at the end of their useful life also presents an environmental, health and safety concern. The extraction of raw material inputs, especially the mining of crystalline silica, can also pose an environmental, health and safety ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 29 of 47 ■ 52 Photo -voltaic Module Composition In general photo -voltaic modules consist of the following: The outer glass cover constitutes the largest share of the total mass of a finished crystalline photovoltaic module (approximately 65%), in this case polysilicone, followed by the aluminum frame (-20%), the ethylene vinyl acetate encapsulant (-7.5%), the polyvinyl fluoride substrate (--2.5%), and the junction box (1%). The solar cells themselves only represent about four percent (4%) of the mass of a finished module, as displayed in the figure below (Knut, 2007). Figure 8. Photo -voltaic Module Composition (Knut, 2007). Polysilicone Recycling Pure silicon can be recovered from spent PV cells, and is the most important material that can be recycled from PV modules, due to its cost and limited supply (Ewa, 2012). Most crystalline silicon solar panel manufacturers warrant the power output of their panels for a twenty-five year period. Although the panels can still technically generate power beyond that point, their power output begins to decrease significantly (Craig, 2012). Steps in recycling solar panels include: taking back the panels, separating and treating the components, and reintroducing the components in the production lines, especially the silicon of the photovoltaic cells. Facility Decommissioning In considering the project, the County should require the applicant to take long-term financial and environmental responsibility and commitment to sound recycling of the PV modules and other materials and equipment, so that the PV modules do not become a burden to the County if they are not covered by a manufacturer take -back program. PV modules also contain a number of rare and valuable materials that would otherwise be lost as waste. Using recycled materials can reduce the solar modules' carbon footprint because the use of recovered materials is typically more energy efficient than using virgin materials. Similarly, recovering materials can lower the ecological impacts associated with raw material extraction. The applicant has provided a Decommissioning and Reclamation Plan (Plan) for this facility, after it has completed its useful life. This Plan is intended to provide a secure mechanism for the removal of the solar energy equipment at the end of the presumed 20 -year project lifespan, and restoring the affected land using whatever reasonable means are necessary and reasonably available at that time to a condition that is comparable to the pre -project conditions. Hazardous Material Used in Project Operation The applicant states the following regarding potential hazardous materials in the project: Solar module washing will be done with water. The fluids used in cooling the transformers on site utilize a food grade vegetable oil as coolant. Envirotemp FR3 fluid is a preparation not classified as dangerous according to Directive 1999/45/EC, and is not expected to cause a severe emergency hazard. The maintenance of landscape will use no herbicides or pesticides. The ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 30 of 47 ■ 53 applicant states that, "the Project, including its sub -components such as the PowerStation's transformers, contains no hazardous chemicals or materials of any kind." a - d) No Impact. The project does not involve the use or transport of hazardous materials and would not create any hazardous materials. The project site is not located on or near a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. No impact is anticipated. e) No Impact. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and will not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. f) No Impact. A search of the County January 2012 1 -meter aerial photos did not reveal the presence of any private airstrip in the project vicinity. g) No Impact. There is no emergency or evacuation plan for the project area. h) Less Than Significant Impact. The project is located within the Local Responsibility Area and is not in a wildland fire hazard area. The nearest staffed fire station is the Biggs Fire Station #73, located approximately 5.2 road miles to the southwest at 438 B Street, Biggs. Mitigation Measure: None required. 4.9 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study -Pristine Sun - Foote UPI 3-0003 ■ Page 31 of 47 ■ 54 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted X runoff? f. Otherwise substantially degrade water quality? I X ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study -Pristine Sun - Foote UPI 3-0003 ■ Page 31 of 47 ■ 54 Setting: The -acre project parcel and roughly 3 -acre project footprint are relatively flat with grades of less than 2%. The project site area is has been used for agricultural uses, but is now used as additional grazing area. Overland drainage is to the west. The project parcel is identified in the shaded Flood Zone X (outside the 500 -year floodplain), which has a 1 percent chance of flooding if levee fails. Impact Discussion: The project does not propose any development of wells or septic systems. As previously discussed, the Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the project site has a slight potential for soil erosion. The site is essentially flat. The project site area is moderately vegetated with grass and its slope does not exceed two percent. Naturally occurring erosion associated with the seasonal creek will likely continue to occur. Disruption of soils on the site is not expected to create significant soil erosion due to the flat topography s on the site. The project's construction activities will be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one `acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. The project would therefore not result in substantial soil erosion or the loss of topsoil. Impact Discussion: a) Less Than Significant Impact. In general, the project site's flat terrain and site vegetation are adequate to prevent significant entrainment of sediment by overland runoff that might impair receiving waters. b) No impact. The project does not propose any development of wells or septic systems. c — f) Less Than Significant Impact. The minimal amount impervious surfaces (solar panels and associated equipment) resulting from the project would cover a relatively small proportion of the grassland area of the site. While the solar panels would shed water, installation of these units (pounding of I-beam posts into the ground) would not disturb and/or make large areas of the land/soil unavailable for run-off absorption. The runoff would be absorbed by the surrounding undisturbed soil. Impacts from the project on absorption rates, drainage patterns, and the amount of surface runoff will be less than significant. g - i) Less Than Significant Impact. No housing is proposed by this project. The project parcel is identified in the shaded Flood Zone X (outside the 500 -year floodplain), which has a 1 percent chance of flooding if levee fails. The project site is within the Lake Oroville Dam inundation area. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 32 of 47 ■ 55 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Setting: The -acre project parcel and roughly 3 -acre project footprint are relatively flat with grades of less than 2%. The project site area is has been used for agricultural uses, but is now used as additional grazing area. Overland drainage is to the west. The project parcel is identified in the shaded Flood Zone X (outside the 500 -year floodplain), which has a 1 percent chance of flooding if levee fails. Impact Discussion: The project does not propose any development of wells or septic systems. As previously discussed, the Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the project site has a slight potential for soil erosion. The site is essentially flat. The project site area is moderately vegetated with grass and its slope does not exceed two percent. Naturally occurring erosion associated with the seasonal creek will likely continue to occur. Disruption of soils on the site is not expected to create significant soil erosion due to the flat topography s on the site. The project's construction activities will be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one `acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. The project would therefore not result in substantial soil erosion or the loss of topsoil. Impact Discussion: a) Less Than Significant Impact. In general, the project site's flat terrain and site vegetation are adequate to prevent significant entrainment of sediment by overland runoff that might impair receiving waters. b) No impact. The project does not propose any development of wells or septic systems. c — f) Less Than Significant Impact. The minimal amount impervious surfaces (solar panels and associated equipment) resulting from the project would cover a relatively small proportion of the grassland area of the site. While the solar panels would shed water, installation of these units (pounding of I-beam posts into the ground) would not disturb and/or make large areas of the land/soil unavailable for run-off absorption. The runoff would be absorbed by the surrounding undisturbed soil. Impacts from the project on absorption rates, drainage patterns, and the amount of surface runoff will be less than significant. g - i) Less Than Significant Impact. No housing is proposed by this project. The project parcel is identified in the shaded Flood Zone X (outside the 500 -year floodplain), which has a 1 percent chance of flooding if levee fails. The project site is within the Lake Oroville Dam inundation area. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 32 of 47 ■ 55 • j) No Impact. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure: None required. 4.10 LAND USE: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? x b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural communityconservation plan? X Impact Discussion: The subject property is designated AG (Agriculture) by the General Plan and zoned AG -40 (Agriculture - 40 -acre minimum). The General Plan (GP2030) adopted by Butte County in October, 2010, which designated the project site with the Agriculture land use designation, specifically authorizes the development of solar power generation facilities in the Agriculture land use designation by way of Conservation and Open Space Element (COS) Policy P3.7, as follows: COS -P3.7 Wind power generation facilities, solar power generation facilities, and other alternative energy facilities shall be conditionally permitted in the Agriculture, Agriculture Services, Timber Mountain, Industrial and Public land use designations, provided that significant adverse environmental impacts associated with such development can be successfully mitigated. The County recently adopted a new Zoning Code, which included a section on alternative energy facilities and structures (Butte County Code Chapter, 24, Article 25, Section 157. 24-157 Alternative Energy Structures A. Location and Permit Process, Solar and Wind Energy Systems. Solar and Wind Energy Systems are permitted in accordance with Part 2 (Zoning Districts, Land Uses, and Development Standards) under four different Utility land use types depending on their size and application: Utility, Minor; Utility, Accessory; Utility, Intermediate; and Utility, Major. Table 24-156-1 provides a summary of Solar Energy and Wind Energy Systems. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 33 of 47 ■ 56 • • TABLE 24-156-1 SOLAR ENERGY AND WIND ENERGY SYSTEMS Wind Energy Cate orY Solar Ener Systems Systems !'Solar Energ} System's Allowed: lit Agriceilture Tones ,s ` �` 4{ Urility, Minor Tier t, RCOf-mount/grouna up to ;E acre Rooftop/Micro Utility, Accessory Tier 2, <1S percent of parcel size up to 5 acres, whichever is les Agricultural Solar Energ} Systeau Only rllio�ied oia, Grazing Land [l1 iu Agriculture Zones I21 Utility, Intermed.ate. Tier 3, <30 percent of parcel size up to 20 acres, whichever is less Small Utility, Major Tier 4, Ground -mounted system for power generation Large [11 Grazing Land or `Other Land" as defined under the latest mapping under the California Department of Conservation Division of Lind Resource Protection Farmland Mapping and Monitoring Program, and as shown under General Pian Agriculture Element, Figure AG -1- [71 Only allowed on parcels not subject to a Williamson Act Contract, or if the landov, ner has rescinded the. Williamson Act Contract and entered into a solar -use easement pursuant to State laic for marginally productive or physically impaired farmland. B. Definitions, Solar Energy Systems. 1. Tier 1. A roof -mounted Solar Electric System used to power on-site primary or accessory uses located on structures or placed over parking lots or a ground mounted Solar Electric System up to one-half acre in size. 2. Tier 2. A ground -mounted Solar Electric System used to power on-site primary or accessory uses, limited to less than 15 percent of the parcel's size up to 5 -acres, whichever is less. 3. Tier 3. A ground -mounted Solar Energy System, limited in Agriculture zones to "Grazing Land" and "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, not subject to a Williamson Act Contract, and limited to less than 30 percent of a parcel's size up to 20 acres maximum with 50 percent or more of the power generated for on- site primary and accessory uses, with the remainder of the power delivered off-site. 4. • Tier 4. A ground -mounted Solar Energy System limited in Agriculture zones to "Grazing Land" and "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, and not subject to a Williamson Act Contract, where most or all power generated is delivered off-site with little or no on-site use. C. Standards, Solar Energy Systems. Solar Energy Systems are subject to the following additional standards: 1) Photovoltaic panel systems shall meet all applicable performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the Public Utilities Commission regarding safety and reliability. Ground -mounted photovoltaic panel systems shall be required to meet all setback areas of the applicable zone. 2) Ground -mounted photovoltaic panel systems may exceed 8 feet in height above the ground only with the approval of a Minor Use Permit. 3) Photovoltaic panel systems attached to the roof of a structure shall not project more than 6 feet above the maximum elevation of the roof. 4) If the Solar Energy Facility is located on or adjacent to an agricultural zone, the applicant must acknowledge the County's Right to Farm Ordinance and shall be required to record a Right to Farm Notice on their parcel prior to issuance of any Building Permits. This shall be included as a recommended condition of approval of the land use entitlement. 5) For Solar Energy Facilities in Scenic areas, as designated in the General Plan (Figures COS -7, and COS -9, Conservation and Open Space Element), efforts shall be made by the m, Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 34 of 47 ■ 57 • • owner/installer of the Solar Energy Facility, to the maximum extent practicable, to shield the Solar Energy Facility from public view. On-site transmission and power lines shall, to the maximum extent practicable, be placed out of sight or underground. 6) A Solar Energy Facility, other than a minor utility system, that ceases to produce electricity on a continuous basis for 24 months shall be considered abandoned unless the property owner/developer demonstrates by substantial evidence satisfactory to the Development Services Department that there is no intent to abandon the facility. Parcel owners are required to remove all equipment and facilities and restore the site to original condition. Section 24-304 defines the various types of solar facilities as follows: Utilities, Accessory. A ground -mounted Solar Electric System used to power on-site primary or accessory uses, limited to less than 15 percent of a parcel's size up to 5 acres, whichever is less. This definition also includes Agricultural Wind Energy Systems. Utilities, Accessory includes uses that are permitted by an Administrative Permit in most zones, refer to the Use Regulation Table for each zone. Utilities, Intermediate. A ground -mounted Solar Electric System limited to less than 30 percent of a parcel's size up to 15 acres maximum where greater than 50 percent of the power generated is used for on-site primary or accessory uses, with the remainder of the power delivered off-site. This definition also includes Small Wind Energy Systems. Utilities, Intermediate includes uses that are permitted by a Minor Use Permit in most zones, refer to the Use Regulation Tables for each zone. Utilities, Major. Large-scale facilities of a regional nature including power plants, hydro -electric facilities, electricity transmission substations, water storage tanks, community wastewater treatment plants, commercial and industrial composting operations, and similar facilities. A ground -mounted Solar Electric System where all power generated is delivered off-site with little or no on-site use. This definition also includes Large Wind Energy Systems. Utilities, Major includes uses that are permitted by a Conditional Use Permit in most zones, refer to the Use Regulation Tables for each zone. a) No Impact. The project site, located in an unincorporated rural part of south Butte County, is not within an urban boundary, sphere or urban area. Existing residential uses are sparse. The surrounding area is primarily used for agricultural. Therefore, there will be no impact from the project to physically separate an established community. b) Less Than Significant Impact. As discussed above, Butte General Plan 2030, adopted in October, 2010, specifically authorizes the development of solar power generation facilities in the Agriculture land use designation, by way of Conservation and Open Space Element (COS) Policy P3.7. The AG -40 zoning of the site does allow for the placement of a Tier IV solar energy system with an approve use permit. The project parcel is 10 acres. The overall proposed facility will occupy only approximately a 3 -acre portion in the northwest part of the parcel, with ground -mounted Solar Electric Systems, consistent with Section 24- 157 B. 4 above. C) Less Than Significant Impact. This site is located within the area for which the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) is being prepared by the Butte County Association of Governments. The project site and the parcel to the south are designated "Ranchettes Open". Area to the north is designated as "Open Water" and "Grassland". Area to the west is designated as "Major Canal" and "Grassland". Lands to the east and south are designated as "Orchard Vineyard". There is an area to the north east, across Larkin Road, designated as "Grassland" with "Vernal Pools" and "Altered Vernal Pools". However, the site is not presently within an adopted HCP/NCCP or other approved habitat conservation plan area. This proposal would not conflict with the ongoing process for adoption of the future HCP/NCCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan. Mitigation Measure: None required ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 35 of 47 ■ 58 U 4.11 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local general X Ian, specific plan, or other land use Ian? X Impact Discussion: a) & b) No Impact. The proposed project would not use or extract any mineral and would not restrict access to known mineral resource areas. The project does not contain, nor is it close to any other known or mapped mineral resources, and would therefore have no impact on mineral resources. Mitigation Measure: None required. 4.12 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of otheragencies? b. Exposure of persons to or generation of excessive ground bome vibration or ground bome noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X ro'ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private`airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Impact Discussion: The project is to develop a static, un -manned solar energy facility and is located in an area of rural residential and agricultural land uses, where limited traffic noise can be expected during normal commute times. Noise levels experienced on the project site primarily originate from agricultural uses. The nearest offsite residential use (sensitive receptor of noise) is located approximately 500 feet to the south. The project site owner's residence is located approximately 170 feet from the proposed facility. The applicant states the following regarding expected noises from ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 36 of 47 ■ 59 the facility: "There is a very slight humming that is heard from any type of inverter (project includes an inverter). The humming is very minor and shouldn't be heard for more than 20' or so from these larger inverters/power stations. Also note that it will not be operational during the night or any other time when the sun isn't out." The power inverter is located approximately 770 feet from the nearest offsite residence. Impact Discussion: a) — c) No Impact. As discussed above, the project is expected to generate only a negligible sound/noise when operating during daytime hours that will not be audible off of the site. d) Less Than Significant with Mitigation Incorporated. During the development of the facility, construction activities would temporarily generate occasional high noise levels on and adjacent to the project site. The 80 to 89 dB generated by construction equipment (in particular, grading machinery) at a distance of 50 feet would be attenuated at a rate of 7.5 dB per doubling of distance. While the actual level of noise experienced by the nearest offsite residences would depend upon the construction activity and where within the project site it occurs, such noise - although intermittent and short-term in nature - could have a significant noise impact during those times when the 60 dB threshold is exceeded. e) . Less Than Significant Impact. The project site is located within the D Compatibility Zone for the Oroville Municipal Airport. Based on the distance from the closes runway and the orientation of the solar arrays, the solar facility will not have an impact on the operations of the airport. f) No Impact. Visual inspection of the County January 2012 1 meter aerial photos did not reveal the presence of one private airstrip. Mitigation Measure #4 — (Noise Construction) To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit noise -generating construction activity in excess of 50 dB, including generators, backhoes, jackhammers, augers, and power saws to daytime hours (7:00 a.m. to 6:00 p.m.) with no noise -generating construction activity in excess of 50 dB on Saturdays, Sundays or holidays. Exterior noise levels shall be measured 100 feet away from the nearest residence, if that point remains on the noise -sensitive property; otherwise, noise levels shall be measured at property line. 2. Use best available noise suppression devices and properly maintain and. muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction. Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout site development activities. Monitoring: The Butte County Department.of Development Services shall ensure that this Condition of Approval is required on the Use Permit and adhered to during construction activity. Violations of the mitigation will be reviewed by the Department of Development Services on a complaint basis. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 37 of 47 ■ 60 • 4.13 HOUSING: • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating theX X construction of replacement housingelsewhere? X Impact Discussion: a) — c) No Impact. The project is to develop a static, un -manned solar energy facility. No residential development is proposed. No existing residential dwellings will be removed as part of the project. It is therefore reasonable to conclude that the project is expected to have no impact on housing resources. Mitigation Measure: None required. 4.14 PUBLIC SERVICES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: The project is to develop a static, un -manned solar energy facility. The project will benefit from fire protection services from Butte County Fire Department and police protection services from the Butte County Sherriti's Department. However, the anticipated need for services from these agencies is minimal. a) No Impact. The anticipated service demands of this facility are not large enough to require any new or physically altered government facilities, including any County Service Areas or Districts. b) Less Than Significant Impact. As noted above, adequate fire protection is available with the staffed Biggs Fire Station #73 approximately 5.2 road miles to the southwest at 438 B Street, Biggs. Butte County Code requires the ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 38 of 47 ■ 61 • U payment of fire protection impact fees to help offset the impacts that new development has on the fire protection services. Impacts fees would be required prior to issuance of the building permit. The development of this facility would therefore result in a less than significant increase in demand for fire protection services. c) Less Than Significant Impact. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of building permits for structures placed on the project site. Impacts fees would be required prior to issuance of the building permit. The addition of the project would therefore result in a less than significant impact upon demand for police protection services. Less Than Significant Impact. d) No Impact. As the proposed project is a commercial project, no increase in the need for school facilities is anticipated. No Impact. e) No Impact. As the proposed project is a commercial project, no increase in the need for park and recreation facilities is anticipated. f) Less Than Significant Impact. The project is to develop a static, un -manned solar energy facility, and will not significantly affect the ability of such utilities as electricity or telephone to provide service. Mitigation Measure: None required 4.15 RECREATION: Would the : Potentially Less Than Less Than No Reviewed proposal: P P Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? Impact Discussion: a) & b) No Impact - The property is not within recreation and park district. This project is to develop a static, un- manned solar energy facility that has no potential to increase demands on or affect recreational resources: It is therefore reasonable to conclude that the project is expected to have no impact on recreational resources. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 39 of 47 ■ 62 • 4.16 TRANSPORTATION/TRAFFIC: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity ofthe street system X (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or X congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? X c. Result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: a) — g) No Impact. Area roads serve a dispersed rural/agricultural residential population without any major trip generating land uses. The project area is accessed of E. Hamilton Road, a county -maintained paved road. This project is expected to generate very minimal additional traffic during the brief construction period, but will not create any conditions or need for regular (for example daily) traffic generation. Apart from periodic maintenance visits, this project will not be occupied and will not generate traffic. It is therefore reasonable to conclude that the project will have no impact on transportation resources. Mitigation Measure: None required. 4.17 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? ■ Butte County Department of Development Services ■ ■ Planning Division is Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 40 of 47 ■ 63 • Ll Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? E Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: a) & b) No Impact. This project will not generate any wastewater requiring treatment. C) Less Than Significant Impact. The impervious surfaces (e.g., solar panels and equipment) resulting from the project would cover a relatively small proportion of the grassland area. While the solar panels would shed water, installation of these units (pounding of I-beam posts into the ground) would not disturb and/or make large areas of the land/soil unavailable for run-off absorption. d) No Impact. This project will not use water on an ongoing basis. No new well will be drilled. The water needed for regular maintenance of the solar panels will be trucked to the site as needed. No Impact. e) No Impact. The project is not served by a wastewater treatment provider and no determination regarding demand is necessary. f) Less Than Significant Impact. The project will have a less than significant impact upon an increase in the stream of solid waste being deposited in the Neal Road Landfill. Some minimal construction waste may be generated (packaging, etc.). According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. This project is therefore expected to have only a negligible impact on the Butte County landfill. g) No Impact. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 41 of 47 ■ 64 • • 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict X the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? Discussion of Mandatory Findings of Significant Impacts. a) No Impact. The project site has been developed with residential and agricultural uses. The area proposed for the solar facility will be located in an area that has been used for agricultural purposes. Currently it is used as extra pasture/grazing area. The project would not have impacts on any species identified as a candidate, sensitive, or special status species, riparian habitat or other sensitive natural community or wetlands. b) Less Than Significant With Mitigation Incorporated. The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.2 — Agriculture; 4.3 — Air Quality; 4.5 — Cultural Resources and 4.12 - Noise. Cumulative impacts to these areas will be mitigated by Mitigation Measures #1 through #4 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. C) Less Than Significant Impact. The project will not have any substantial direct or indirect adverse environmental effects on human beings. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1- (Noxious Weeds Management Plan) In compliance with General Plan Policy COS -P8.4, place Condition of Approval on the Use Permit that states: "Prior to implementing any approved uses, submit a Noxious Weed Control Plan for approval by the Agricultural Commissioner." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the approved use on the parcel. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and on all building and site development plans. This Conservation Measure must be ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UPI 3-0003 ■ Page 42 of 47 ■ 65 completed prior to final inspection for the first building permit. Violations of the mitigation will be reviewed by the Butte County Agricultural Commissioner's Office on a complaint basis. Mitigation Measure #2 - (Nuisance and Fugitive Dust Emissions) Place a condition of Approval on the Use Permit requiring implementation of the following protections for air quality, consistent with BCAQMD best practices: Implement Dust Control Measures The following measures shall apply to all development activities on the project site. Follow the air quality control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD to comply with Rule 205 - Fugitive Dust Emissions or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the company person and telephone number to contact regarding dust complaints. This person shall respond and take corrective action with regard to Rule s 200 & 205. The name and telephone number of the Butte County Air Quality Management District shall also be included to ensure corrective action is taken in compliance with BCAQMD Rules 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices L Maintain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. I. Construction workers shall park in designated parking area(s) to help reduce dust emissions. Plan Requirements: This note shall be placed as a Condition of Approval on the Use Permit and a note on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services shall ensure that these requirements are a Condition of Approval of the Use Permit, and that the note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #3 - (Cultural Resources) Place a Condition of Approval on the Use Permit UP 13-0003 that states the following: ■ Butte County Department of Development Services ■ is Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 43 of 47 ■ 66 • 0 "During any excavation or other substantial subsurface disturbance activities, individuals conducting the work should be advised to watch for cultural resource materials. Should any evidence of prehistoric cultural resources be observed (freshwater shells, beads, bone tool remnants or an assortment of bones, soil changes including subsurface ash lens or soil darker in color than surrounding soil, lithic materials such as flakes, tools or grinding rocks, etc.), or historic cultural resources (adobe foundations or walls, structures and remains with square nails, refuse deposits or bottle dumps, often associated with wells or old privies), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The Condition of Approval shall be required on the Use Permit UPI 1-0002 and on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services shall ensure that this requirement is followed and is placed on all building and site development plans. Should any evidence of prehistoric cultural resources be observed as described above, all work should immediately cease, and a qualified archaeologist must be consulted to assess the significance of the cultural materials and report such assessments to the Department of Development Services. The Department of Development Services shall then coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure #4 — (Noise Construction) To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit noise -generating construction activity in excess of 50 dB, including generators, backhoes, jackhammers, augers, and power saws to daytime hours (7:00 a.m. to 6:00 p.m.) with no noise -generating construction activity in excess of 50 dB on Saturdays, Sundays or holidays. Exterior noise levels shall be measured 100 feet away from the nearest residence, if that point remains on the noise -sensitive property; otherwise, noise levels shall be measured at property line. 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout site development activities. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and adhered to during construction activity. Violations of the mitigation will be reviewed by the Department of Development Services on a complaint basis. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 44 of 47 ■ 67 9 • 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Babcock K.W. Home range and habitat analysis of Swainson's hawks in West Sacramento. Michael Brandman Associates report prepared for the Southport Property Owner's Group, City of West Sacramento, CA. 21 p. 1993. 2. Wetland Delineation Report, ESA Consultants, 2600 Capitol Avenue, Suite 200, Sacramento, CA. March, 2012). 3. Biological Constraints Resources Report, ESA Consultants, 2600 Capitol Avenue, Suite 200, Sacramento, CA. March, 2012). 4. Phase I Negative Cultural Resources Study, ESA Consultants, 2600 Capitol Avenue, Suite 200, Sacramento, CA. March, 2012). 5. Native American Concern Memo, ESA Consultants, 2600 Capitol Avenue, Suite 200, Sacramento, CA. April 18, 2012). 6. Butte Association of Governments. Butte Regional Conservation Plan, First Administrative Draft Accessed March 2012. (available at http://www.buttehcp.com/BRCP-Documents/1st-Admin-Draft-BRCP/index html) 7. Butte County 2030 General Plan. Environmental Impact Report. Oroville, CA. April 8, 2010. (Available at http://www.buttegeneralplan.net/products/2010-08-30 FEIR/default.asp.) 8. Butte County General Plan 2030. Oroville, CA. October 26, 2010. (available at http://www.buttepeneralplan.net/products/2010-10-26 GP2030/Butte County General Plan pdf) 9. Butte County 2030 General Plan. Settings and Trends ReportPublic Draft. Oroville, CA. August 2, 2007. (Available at http://www.butte eneralplan.net/products/SettingandTrends/default asp.) 10. Butte County. Housing Element of the Butte Coun!y General Plan (2010-2030). 2010. 11. Butte County. Resolution 10-150. Resolution of the board of supervisors of the County of Butte state of California, making findings of fact in support of Butte Count' General Plan 2030 and its associated environmental impact report, rejecting alternatives, adopting a mitigation monitoring and reporting planand adopting a statement of overriding considerations. Adopted October 26, 2010. 12. Butte County. Section III. Seismic and Geologic Hazards, Health and Safety Element of the Butte County General Plan (2010-2030). 2010. 13. California Air Resources Board. "ARB approves tripling of early action measures required under AB 32". News Release 07-46. http://www.arb.ca.gov/newsrel/nr102507.htm . October 25, 2007. 14. California Air Resources Board. Climate Change Scoping Plan: a framework for change. December 2008. 15. California Air Resources Board. Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California Recommended for Board Consideration. October 2007. 16. California Department of Conservation. Fault -Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007. 17. CDFG. Staff Report regardingMitigation for Impacts to Swainson's Hawks (Buieo swainsoni) in the Central Valley of California. 13 p. 1994. 18. Department of Toxic Substance Control. 2009. Envirostor Database. Accessed March 5, 2012. http://www.envirostor.dtsc.ca.gov/public. 19. Bennett, Bruce D., Barnett Environmental. Biological & Wetlands Resources. March 20, 2013 20. England, A. S., M. J. Bechard, and C. S. Houston. Swainson's Hawk (Buteo swainsoni). In The Birds of North America, No. 265 (A. Poole and F. Gill, eds.). The Birds of North America, Inc., Philadelphia, PA. 1997. 21. Estep, J.A. Biology, movements, and habitat relationships of the Swainson's Hawk in the Central Valley of California, 1986-1987. California Department of Fish and Game, Nongame Bird and Mammal Section Report. 53 p. 1989. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study - Pristine Sun - Foote UP13-0003 ■ Page 45 of 47 ■ 68 0 22. Ewa Klugmann-Radziemska, Piotr Ostrowski, Kazimierz Drabczyk, Piotr Panek, Marek Szkodo. Experimental validation of crystalline silicon solar cells recycling by thermal and chemical methods. Science Direct.com, Volume 94, Issue 12, December 2010, Pages 2275-2282. 23. Vasilis Fthenakis, Hyung Chul Kim and Erik Alsema (2008). "Emissions from Photovoltaic Life- Cycles."Environmental Science and Technology 2008 42 (6):2168-2174. Available at: http://pubs.acs.org/doi/full/10. 1021/es071763 g. 24. Good Company. Eugene Oriegon. Health and Safety Concerns of Photovoltaic Solar Panels. Accessed at: http://www.oregon.p-ov/ODOT/H W Y/OIPP/docs/life-cyclehealthandsafetvconcerns.pdVga=t 25. Knut Sander (2007). Study on the Development of a Take Back and Recovery System for Photovoltaic Products. 26. Brussels: Belgium: PV Cycles. Available at: http•//www pvc c�p,/fileadmin/pvcycle docs/documents/publications/ReportPVCycle Download En pdf 27. Craig, Lauren. Earth Techling. Recycling Solar Panels, a Big Money Maker? (Earth Techling is an online consumer publication focused on green technologies.) http://www.earthtechlinp,.com/2012/0I/recyclin -solar- panels-a-big money-maker/ ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP 13-0003 ■ Page 46 of 47 ■ 69 w 9 7.0 CONSULTED AGENCIES: [XJ Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [XJ LAFCo [X] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ J Town of Paradise [XJ CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [X] US Fish & Wildlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] Feather River Rec. Dist. [ ] EI Medio Fire Dept. [ ] SFRP&W [ ] LOAPUD [ ] PG&E [ ] Pacific Bell [ ] Durham Unified Sch. Dist. [ ] Palermo Union School Dist. [X] County Assessor 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: Me have reviewed the Initial Study for the Pristine Sun Use Permit application and particularly the mitigation measures identified herein. Me hereby modem the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project Applicant/Project Agent Project Applicant/Project Agent July 3, 2013 Date Date ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Pristine Sun - Foote UP13-0003 ■ Page 47 of 47 ■ 70 VICINITY MAP i i aw f/ ti ax :. 4 .r z r• �i Ib • 5,:. r h. i r N? 3€ F r7 J K' d 'k.AV dK;j t.OTIx If! .l'firo•. 'gig," a�' .�4 v Vr .1:1I �s'E, i �. L. w r b i z •Y. p ` ( c 4 n C t d- f: IY I ElneAl,., f, f ti< $tA L IAMI .ION R ° J r trE; i 4.. 6' i# ,7 A rr 3.. .r 1 V 'c w tI ®R NS z L5 iS a x., x y�P •P> � ..� . . z � vr,. :W i res �Y 5.,M+t. g ,y, . Ft :rEm Kf,vma rt (t a `s,r� 5,•:x., -5¢ K ..v. € o-0. � ? � } _ rok2 SGoI ORni U HnsEt Busri':I nN49 's' ' 2 `, .:, -yam-:-`�k'.�+`.x'�`4 t �+'`'.`•k,' .,i�„1A.. . �I... n.ry :, 4, .:. 'r.,.. � `� !'. •,iF,,sdr R:r .x. 5,:•*„S„ i.r _x", ,a'.� : . A. "3, dw>.,r: „�•.# . <,-3h' �"r I.� : :8. ,. xr , ,a?� ; .�.. an'=. .. °.,ixR•2 iZ' ".t�-'c' .�x .xr,,-'x •�°.: X39+ p �;�� . � r•�'��. 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IY,R.S',. •-.NUMUQRS'ANU'SYMIIOLS F,OR'1'FI[i SICNS}IACC APAMINIMl1M: V NDCONTRASfINtl N17Y{ITIG IN-I}S'IROKF RFPLiGC11 to 7 C A K ROIJND 111LSIGN SFIALL E 11 it h W 1LN O C B C G i TIiti SITE f1jOMy1TiP RFQIJIRfJ)ROAD ACCESS ANU SHA41 }]} MAIN'rA1NW THROVGHUVI fFIFI RODIICCIVF.I IFF OFIFILIACILIIY D 2A<I01);C RA fI!);Fllik LX•rINGl11S11.. 101'QUND EACHWrrFI SIATR FIIPlh 131SHh slip, -I R}:MARSIIAL CLR'IPICA110N 1'AOS FIRE (h7C � D Nlv1R 771 f .AND IN VISIALC 1, OCATIONS IN' UG INSYA[JJY s rLX 15 V[ IDEA 7 } F I1 UISHFR SI('N ACA. RfSs•PA Oi3 PRO R r+X NO G s MAXIMUM HEIGHT OI (8) rECf LAR VE FACFI,LOCA fIOY fFiQ DI 57 ANC F FROM .1 ISH CLOOR OR ORAUL I U'f-P OI [I nNGUISHER• } -4}I ATV MU[I(OF RP 111RfD" SHAII'�.NOTI XLJD Jr CX _C U !Z _ E NOUISH FRS.AS I LR LIXAI:.FIRP MARSHALL. ' I PG&E KEXNn1 H SC HLllULI. I(ly AIWFRP01I ql (rIRS71'OI,GI. 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POLE OF INTERCONNECTION L II (E)ARENA E) FENCE. TYP. (F) STABL II A! IIwp. L '%(E) DIRT ROAD I (E)STRUCTUR e (E)DRIVAY % O'SETTIACK LINE TO RESIDENCE ID NCE� I II L ------------------------------------- PROPOSED SOLAR ARRAY SITE PLAN E) P 'P E) PP E) pp E)' p )OVERHEAD )OVERHEAD POWER LINE, TYP Pow ?1E) VIE TATION, TYP. (E) P P . PP 0 401 80, 167 BARSCALE Pristine Sun U W 04 C� R` -";;POSM SOLAR ns� Io :N > 0 I 9i 1 All m < > FT ---- ------- -- 0 iE r - ---- ------ 4 "N 1, oil Ir . .... ..... . ...... ... / k X '111 ....... .... .. . ...... 777i 11B $1 0) 0 0 X 0 0 ru 0 > sa 00 > j=7 :K i: Pt mm < > N., 39 r7l < > ! t L to t- M < > 0 > 0 > .......... 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(415) aaa aloo ' Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING April 3, 2013 Pristine Sun LLC Attn: Mr. Stan Battersby 649 Mission Street San Francisco, CA 94105 Subject: Application status — UP13-0003 (Foote) Dear Mr. Battersby: On February 15, 2013, an application for a Use Permit was submitted to our office. The above referenced project was deemed "complete" on March 16, 2013. Environmental review in order to determine what type of environmental document to be conducted will begin within the next 30 days pursuant to the California Environmental Quality Act. Upon conclusion of the environmental document and staff report, the project will be scheduled for action by the Butte County Planning Commission. You will be notified by mail of the date, time, and location of that meeting. Should you have any further questions regarding this matter, I can be reached between the hours of 7:30 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7376, or via e-mail at mmichelena(&-buttecounty.net. Sin ely Mark Michelena Senior Planner Cc. Charles Foote, 3961 Larkin Road, Biggs, CA 95917 HAMILTON RD. + 1 PF7dSTINE SUN, LLC VICINITY MAP / NOT TO SCALE JOB tITe/ /I rl 7 T f Y r HASELBUSH LANE --� GOFORTH RD. � , '1 r (3j I � e k'- 1 1 I PROJECT INFORMATION: OWNER'S NAME: CHARLES FOOTE APN: 025-027-011 COUNTY: BUTTE ZONING: AGRICULTURAL PARCEL ACREAGE: 10 ACRES FENCING INFORMATION: TOTAL LINEAL FOOTAGE: 1450'-3" TOTAL ACREAGE INSIDE FENCE: 2.97 ACRES TOTAL LAND IMPROVEMENT RATIO: 0.301 TOTAL LAND DISTURBANCE AREA: TOTAL AREA OF ACCESS ROADS: 0.126 ACRES TOTAL AREA OF EQUIPMENTS: 150 SQ. FT. TOTAL LAND DISTURBANCE AREA: 0.129 ACRES KEYNOTE SCHEDULE O KNOX BOX: 1. EXACT LOCATION AND HEIGHT AS PER LOCAL FIRE MARSHALL. 2. KNOX BOX TO BE ORDERED THRU THE LOCAL FIRE MARSHALL. 3. KNOX BOX AT THE ENTRANCE GATE SHALL CONTAIN THE KEY FOR THE ENTRANCE GATE. 4. KNOX BOX AT THE FACILITY GATE SHALL CONTAIN THE KEYS FOR THE FACILITY GATE AND THE DOOR AT THE POWER STATION. © PERMANENTLY POSTED ADDRESSING VISIBLE 100 FEET IN BOTH DIRECTIONS OF TRAVEL. SIZE OF LETTERS SHALL BE 3 INCH MINIMUM IN HEIGHT, 3/8 THS INCH STROKE, REFLECTIVE WITH (YINTR ® ST1Alr BACKGROUND. © PERMANENT POSTED SIGN LOCATED AT THE MAIN FACILITY ENTRANCE DISPLAYING THE SITE ADDRESS AND A 24 HOUR EMERGENCY CONTACT PHONE NUMBER. SIZE OF LETTERS, NUMBERS AND SYMBOLS FOR THE SIGN SHALL BE A MINIMUM 3 INCH STROKE, REFLECTIVE AND CONTRASTING WITH THE BACKGROUND. THE SIGN SHALL BE VISIBLE WHEN APPROACHING THE SITE FROM THE REQUIRED ROAD ACCESS AND SHALL BE MAINTAINED THROUGHOUT THE PRODUCTIVE LIFE OF THE FACILITY. Q 2-A: I O-B:C-RATED FIRE EXTINGUISHER, 10 POUND EACH WITH STATE FIRE MARSHAL CERTIFICATION TAGS. FIRE EXTINGUISHERS SHALL BE INSTALLED NEAR THE EXITS AND IN VISIBLE LOCATIONS IN EGRESS PATHS. PROVIDE A FIRE EXTINGUISHER SIGN AT A MAXIMUM HEIGHT OF (8) FEET ABOVE EACH LOCATION. THE DISTANCE FROM FINISH FLOOR OR GRADE TO TOP OF EXTINGUISHER SHALL NOT EXCEED 4 FEET. EXACT NUMBER OF REQUIRED EXTINGUISHERS AS PER LOCAL FIRE MARSHALL. PG&E KEYNOTE SCHEDULE t0 POWER POLE #1 (FIRST POLE), POINT OF SERVICE CONNECTION (POS). PG&E WILL INSTALL POLE -TOP REVENUE -METERING ON THE FIRST POLE ON THE CUSTOMER'S PROPERTY. �z POWER POLE #2 (SECOND POLE), WITH CUSTOMER INSTALLED PRIMARY PROTECTION (RE -CLOSER) ON THE SECOND POLE ON THEIR PROPERTY, NOT TO EXCEED 50 FEET FROM THE REVENUE METERING POLE (POLE# 1) Q POWER POLE #3 (RISER POLES), CUSTOMER RISER POLES SPACED @ 100'-0" MAX., LAST RISER POLE CONNECT TO INVERTER/POWER STATION VIA 6 -IN. DIA. UNDERGROUND CONDUIT. SOLAR ARRAY NOTES OPEN SPACE: • GROUND COVERAGE RATIO = 33.3% PHOTOVOLTAIC SYSTEM: • (948) UPSOLAR UP-M280PT-28OW MODULES • (204) LDK-280P-24 28OW MODULES • (240) W6X8.5 GR.50 BEARING COLUMNS • (25) W6X15 GR.50 GEARBOX COLUMNS ATI TRACKER SYSTEM: • 12 MODULES PER STRING • (23) 48 MODULES/TRACKER ROW • (2) 24 MODULES/TRACKER ROW • 1151 MODULLO TOTAL ADVANCED ENERGY INVERTER SYSTEM: • (1) - ADVANCED ENERGY AE 250NX, 250kW 480V INVERTER LEGEND PL PL — PROPERTY LINES — — — — — SETBACK LINES ELEVATION & CONTOUR LINES _x _x — (N) PROPOSED 6' HIGH FENCE LINE OHP (E) OVER HEAD POWER LINES POWER POLE SOLAR ARRAY TRACKER ROW POWER STATION OR INVERTER, PER PLAN, NON -REFLECTIVE MATERIAL, TYP. NOTES 1. MAIN ROAD: COUNTY, CITY OR STATE HIGHWAY THAT TAKES YOU TO THE PROJECT LOCATION. 2. ACCESS ROAD: THIS ROAD SHALL BE 18 FT MIN. IN WIDTH AND 30 FT MIN. IN LENGTH. THE LENGTH SHALL BE MEASURED FROM THE EDGE OF THE MAIN ROAD. ALL RADII OFF THE MAIN ROAD SHALL BE 30 FT MIN. 3. ALL DRIVEWAYS: ALL DRIVEWAYS SHALL BE 10 FT MIN. IN WIDTH AND SHALL START FROM THE END OF THE ACCESS ROAD. ALL RADII AT DRIVEWAY INTERSECTIONS, CIRCULAR & HAMMERHEAD/F TURNAROUNDS SHALL HAVE 30 FT MIN. RADII, TYP. U.N.O. 4. ENTRANCE GATE: GATE MUST BE 2 FEET WIDER THAN THE ROAD ON EACH SIDE. 5. ALL SKEWED FENCE LINES ARE AT 45° ANGLES, TYP., U.N.O. 6. NO NIGHT-TIME LIGHTING WILL BE INSTALLED, ONLY SECURITY LIGHTING ON MOTION SENSORS, SHIELDED FROM LIGHT TRESPASS BEYOND THE SOLAR FARM, AND TURNED OFF IN A SHORT RESONABLE TIME. BUTTE COUNTY FEB 1 y 1013 DEVELOPMENT SFRVrC,rs Pristine Sun U VEGETATION TO REMAIN _ j mi VEGETATION TO BE REMOVED BY OWNER WATER, WETLANDS, IRRIGATION, DRAINAGE FLOOD PLAIN NEW ROADS (P) PROPOSED (E) EXISTING NOTES 1. MAIN ROAD: COUNTY, CITY OR STATE HIGHWAY THAT TAKES YOU TO THE PROJECT LOCATION. 2. ACCESS ROAD: THIS ROAD SHALL BE 18 FT MIN. IN WIDTH AND 30 FT MIN. IN LENGTH. THE LENGTH SHALL BE MEASURED FROM THE EDGE OF THE MAIN ROAD. ALL RADII OFF THE MAIN ROAD SHALL BE 30 FT MIN. 3. ALL DRIVEWAYS: ALL DRIVEWAYS SHALL BE 10 FT MIN. IN WIDTH AND SHALL START FROM THE END OF THE ACCESS ROAD. ALL RADII AT DRIVEWAY INTERSECTIONS, CIRCULAR & HAMMERHEAD/F TURNAROUNDS SHALL HAVE 30 FT MIN. RADII, TYP. U.N.O. 4. ENTRANCE GATE: GATE MUST BE 2 FEET WIDER THAN THE ROAD ON EACH SIDE. 5. ALL SKEWED FENCE LINES ARE AT 45° ANGLES, TYP., U.N.O. 6. NO NIGHT-TIME LIGHTING WILL BE INSTALLED, ONLY SECURITY LIGHTING ON MOTION SENSORS, SHIELDED FROM LIGHT TRESPASS BEYOND THE SOLAR FARM, AND TURNED OFF IN A SHORT RESONABLE TIME. BUTTE COUNTY FEB 1 y 1013 DEVELOPMENT SFRVrC,rs Pristine Sun U g a o0 Ln�o aJ � s ON v rA a 0 V Sf1EET TITLE' TITLE SHEET uw4•zx Qj'; 161IMT11, ralsrl�sw.LLc G 1 O SC.41.E NOT TO SCALE (E) Laos OHP - OHP OHP- OIIP - OHP 648'-6" - r(E) PP {E) PP (E) WELL HOUSE I I PROPOSED AREA FOR SOLAR ARRAY C1.0 sl DIRT ROAD (E) EAST HAMILTON RD FENCE, TYP. (E) STAB u WAY ENCE PL - PL - PL PL PL - PL PL PL - PL -7„ PL PL PL PL PL PL PL PL PP 0 O S O S PP E) PP • OHP T OHP .14 (E) OVERHEAD POWER LINE, T 'ATION, TYP. PP 00 PP 0 4u• su' 160' BAR SCALE Pristine Sun U o a o0 � z � O <� a w Z 00 O 0 � � A a� V Pay corse ENGINEERS STAMP sl�errms EXISTING SITE PLAN oRa���. us• so-rr No: IPISII.IESN4, LLl' (,I .0 v v 1" = 80' (P) LDK MODULES, TYP., (P) 6 -IN. DIA. UNDERGROUND (E)1 (P) POWER POLES PER PG&E KEYNOTE 3-PHASE OVERHEAD E) PP EAST HAMILTON RD E) PP CONDUIT TYP. "'"' tom— Tt�i TQ ti �y H IIRh�-0ne otip — qvP — q'L -QUP I!d HP �— OHP — OHP — OHP — OHP — OHP — OHP OHP OHP OHP -- OHP — P — P „ P) GATE (E) 10'-0" WIDE DIRT ROAD (COMPACT `' S DI TO SUPPORT 40,000 LBS 1F NECESSARY) _ , T� — 1 , P— — — — — — — — — — — — — — (P) POWER STATION; NON -REFLECTIVE MATERIAL TYP. (E) WE (E) CAN 3- E) PG&E DI RIBUTION POLE, 1 POLE OF INTERCONNECTION (E) WELL HOUSE r I 6-5" 19'-4" x : I li '-(E) DIRT ROAD (E) I I 30' SETBACK LINE I I FENCE, TYP. 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TO RESIDENCE L-------------------------------------- PL — PL PL PL — PL PL PL PL — PL — PL — PL — PL — PL PL PL PL — PL J PROPOSED SOLAR ARRAY SITE PLAN 0 x I 0 9 0 I 9 0 t 0 O v x N I ®I Pristine Sunt ,{ / ,E) PP i I I �{ PP U i I I — HP— O O P �I—�,j Oo�o a , v,Uo E) OVERHEAD a°i o0 j W A POWER LINE, TYPon I o II� a E) VE ETATION, TYP. I j Q�� vop ooh" ENJ•INtLk'\_i.AtdP j (E)PP UAE¢., I 30� 0 �'.. NOC7 Maz , ON � HI a 0o V j U o C, a � Q7 I� o I Iz DC7 E) PP 'mt 4U+J-1--I-4J I PROPOSED SOLAR SYSTEM U 4U' sU' 160' . 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V: I COUNfYSnMITT L I BY: I DAME I PROJECT NO.: 2154 - FOOTE PROJECT ADDRESS: 3961 LARKIN RD., BIGGS, CA 95917 PROJECT 7TII.E: 250 KW AC 322.56 KW DC PHOTOVOLTAIC ON GRID SYSTEM COMPANY: PRISTINE SUN, LLC 649 Mission Street, 5th Floor, San Francisco, CA 94105 (415)848-8100 y o v C a I BP. V: I COUNfYSnMITT L I BY: I DAME I PROJECT NO.: 2154 - FOOTE PROJECT ADDRESS: 3961 LARKIN RD., BIGGS, CA 95917 PROJECT 7TII.E: 250 KW AC 322.56 KW DC PHOTOVOLTAIC ON GRID SYSTEM COMPANY: PRISTINE SUN, LLC 649 Mission Street, 5th Floor, San Francisco, CA 94105 (415)848-8100