HomeMy WebLinkAboutUP14-0006 - Approved Use Permit with Conditions- Signed
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CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION MARCH 26, 2015
DATE OF APPROVAL
UP14-0006
PERMIT NO.
047-230-102
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 Fund 2, LLC is hereby granted a Conditional Use Permit
to develop a 1.25 megawatt (MW) Solar Energy Generation Facility, for wholesale electrical
production, composed of 5,760 pole-mounted photovoltaic modules to be situated on
approximately 12.35 acres in the southern portion of the 95.25-acre site.
l. 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.
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Conditions of Approval:
Planning Division
1. Mitigation Measure #1 - (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:
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.
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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.
2. Mitigation Measure #2 – (Special Status Species)
Prior to vegetation removal, grading or construction activities, the project proponent shall
retain a qualified biologist to conduct protocol-level surveys during the appropriate
flowering window for adobe lily (Fritillaria pluriflora) (February – April), Butte county
checkerbloom (Sidalcea robusta) (April – June), and white-stemmed clarkia (Clarkia
gracilis) (March – July). Surveys shall be in compliance with survey protocols for plants
species listed under the California Endangered Species Act and Federal Endangered Species
Act. A report summarizing the findings of surveys will be prepared and submitted to the
County and the California Department of Fish and Wildlife. In the event sensitive species
are identified on the project site, avoidance of marked/mapped plant locations should be
considered in the design of project plans. If avoidance is not possible through design
revisions, prior to construction, the biologist shall consult with the California Department of
Fish and Wildlife to determine appropriate measures to replant or mitigate off-site. The
replanting area will be monitored for five years or until 100% success rate has be met to
determine the success of replanting efforts. The monitoring should include a record of
flowering versus vegetative plants observed, any observation of pollutants, herbivory, site
alteration from human activities or other risks to the site. Success is determined by the
number of relocated plants that survive and transplantation. If the success rate after five
years is below 75%, consultation with CDFW will be required to develop appropriate
remediation plans. A copy of the monitoring report shall be provided to the CDFW each
year, and a new occurrence report shall be provided to the California Natural Diversity
Database.
Timing: Prior to and during vegetation removal, grading and construction.
Monitoring: Biologist and Development Services Department.
3. Mitigation Measure #3 - (Nesting Birds Survey)
If project construction activities, including vegetation clearing, are to occur during the
nesting season for birds protected under the Migratory Bird Treaty Act and California Fish
and Game Code (March 1 – August 31), the project proponent shall retain a qualified
biologist to perform preconstruction surveys for all migratory nesting birds, including
raptors in the project site area and immediate vicinity. At least two surveys shall be
conducted no more than 15 days prior to the initiation of construction activities, including
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vegetation clearing. In the event that nesting birds are found on the project site area, or the
immediate vicinity, the project proponent shall:
Locate and map the location of the nest site. Within two (2) working days of the
surveys prepare a report and submit to the County and CDFW;
A no-disturbance buffer of 250 feet shall be established around any active raptor or
special status species next and a 50-foot buffer shall be established around any
migratory songbird nest. Modifications from these no-disturbance buffers may be
implemented when there is compelling biological or ecological reason to do so, such as
when the project area would be concealed from a nest site by topography. Any
modifications from these buffers shall be supported by a qualified wildlife biologist and
submitted to the California Department of Fish & Wildlife for acceptance of the buffer
modification.
The biologist shall demarcate the no-disturbance buffer using construction barrier
fencing to ensure the no-disturbance buffer is maintained and conduct a follow-up
survey to document the buffer is adequate. Construction can resume when a qualified
biologist has confirmed that the birds have fledged or the nest has been naturally
predated.
In the event of destruction of a nest with eggs, or if a juvenile or adult migratory bird or
raptor should become stranded from the nest, injured or killed, the qualified biologist
shall immediately notify the CDFW. The qualified biologist shall coordinate with the
CDFW to have the injured raptor either transferred to a recovery center or, in the case of
mortality, transfer it to the CDFW within 48 hours of notification. If directed/authorized
by the CDFW during the notification, the qualified biologist may transfer the injured
raptors to a raptor recovery center.
4. Mitigation Measure #4 - (Biologist for Construction Monitoring)
A qualified biologist and/or botanist shall be retained by the applicant/developer to the
satisfaction of the Department of Development Services to conduct construction monitoring
in and immediately adjacent to all construction barrier fencing for protected species when
construction is taking place near such habitat areas. The biologist will submit weekly
monitoring reports when construction related activities occur immediately adjacent to
barrier fencing to the Department and the applicant/developer.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
5. Mitigation Measure #5 - (Construction Employee Training)
The qualified biologist and/or botanist retained by the applicant/developer to the
satisfaction of the Department of Development Services to conduct construction
monitoring will provide mandatory training to construction employees operating equipment
or engaged in any development-associated activities involving vegetation removal or
ground disturbing activities in sensitive resource areas. The qualified biologist and/or
botanist will provide information on the on-site biological resources (sensitive natural
communities, special-status plan and wildlife habitats, nests of special-status birds, etc.),
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avoidance of invasive plan introduction and spread, and the penalties for not complying
with biological mitigation requirements and other State and federal regulations.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
6. Mitigation Measure #6 - (Construction Barrier Fencing)
Construction barrier fencing shall be installed, at a distance specified by the qualified
biologist and/or botanist retained to conduct construction monitoring in and adjacent to all
habitats for protected species, around sensitive resources on or adjacent to construction
sites. Fencing shall be installed prior to any construction activities and maintained
throughout the construction period. The biologist shall determine the location and
delineate/stake-out the location of this fencing.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
7. Mitigation Measure #7 - (Oak Trees)
Prior to any development activity, site disturbance, or the issuance of any permit or
approval removing or encroaching upon oak trees on the project site (this generally
includes the canopy drip-line of trees within the area of ground disturbance and trees
subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a
certified arborist, registered professional forester, botanist or landscape architect shall be
submitted for review and approval by the Director of Development Services or his/her
designee that includes:
1) A survey showing the location of oak trees 5 inches or more in diameter at
breast height, as defined by PRC §21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall
be mitigated. It shall be mitigated by two of the following: replanting and
maintaining oak trees, establishing conservation easements, contributing funds
for off-site oak woodlands conservation/open space, and/or other mitigation
measures developed by Butte County. Replanting oak trees cannot account
for more than one-half of the mitigation. Replanting oak seedlings shall be of
the same species removed and be planted at a 3 to 1 ration. Replanted oak
trees shall be maintained for a period of seven years after they are planted. If
any of the replanted oak trees die or become diseased, they shall be replaced
and maintained for seven years after the new oak trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by
permit activities consistent with PRC §21083.4(b)(2), applicable mitigation
measures, and Butte County Ordinance, if any, shall be submitted to and
approved by the Director of Development Services or his/her designee.
Replanted trees shall be planted in areas deemed appropriate by the Plan,
considering future lot development, interference with foundations, fencing,
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roadways, driveways, and utilities. Trees planted shall be protected from
livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site
shall be included in construction specifications. Each oak tree to be preserved
shall be surrounded by a tree zone identified by the drip line of the tree. An
orange plastic fence or other suitable type of fence shall be used to identify the
tree zone during construction activities. No vegetation removal, soil
disturbance, or other development activities shall occur within the tree zone in
order to protect root systems and minimize compaction of the soil, unless
authorized by Oak Tree Mitigation Plan; and
5) Conservation easements or funds for off-site oak woodlands conservation
shall be proposed to and approved by the Director of Development Services or
his/her designee.
Plan Requirements: No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the tree plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity
or the issuance of any building permit, or the approval of any improvement plans on the
parcels.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
8. Mitigation Measure #8 - (Monitoring Costs)
The Department of Development Services (DDS) is responsible for monitoring the
landowner’s compliance with all Conditional Use Permit conditions of approval as detailed
above. As the cost of ongoing monitoring of Measures and Conditions of Approval is not
included in the County’s application fees, at the discretion of the Director of DDS
(Director), the cost of DDS staff and consultant time directly related to the monitoring of
compliance with Conditional Use Permit conditions of approval may be billed to and borne
by the landowner at the established DDS Planning Division hourly rate. The current fee
amount established in Butte County Code and implementing resolutions for Mitigation
Measure and Condition of Approval Monitoring (currently $1,031.79) shall be paid within
30 days of the date of project approval. Regarding the monitoring of relevant mitigation
measures and conditions of approval after construction, the landowner shall maintain this
fee with DDS in an amount (not to exceed the established maximum) at a level determined
by the Director to ensure adequate ongoing mitigation measure and condition of approval
monitoring. Mechanisms which may be used by the County to address failure by the
landowner to maintain the adequate fee amount may include, but are not limited to,” stop
work” orders, denial of building permits and/or final inspections at the discretion of the
Director of DDS, and/or permit revocation or modification as provided by Section 24-251
of Butte County Code.
Timing: Monitoring costs shall be paid within 30 days of project approval.
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Monitoring: The Butte County Department of Development Services shall ensure
adequate monitoring funds are available to ensure adequate ongoing Measure and condition
of approval monitoring.
9. Mitigation Measure #9 – (Fencing)
Fencing of the solar facility, except for the inverter, shall be limited to a maximum of five
(5) wire strands. The lowest strand shall be at least sixteen (16) inches above the ground
and the upper strand shall be no higher than forty-eight (48) inches above the ground.
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: The requirements of the condition shall be adhered to at all times.
Monitoring: This note shall be placed as a Condition of Approval on the Use Permit and a
note on all building and site development plans.
10. Mitigation Measure #10 - (Cultural Resources)
Place a Condition of Approval on the Use Permit 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 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 shall immediately
cease, and a qualified archaeologist shall 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
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appropriate authorities to avoid damage to cultural resources and determine appropriate
action.
11. Mitigation Measure #11 – (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.
12. The solar facility shall be in compliance with Butte County Code, Chapter 24, Article 25,
Section 157 C, Standards, Solar Energy Systems.
13. Prior to issuance of the building permit, a Decommissioning Plan shall be submitted and
approved by the Director of Development Services.
14. Prior to issuance of the building permit, a landscape plan that will provide necessary
screening along the western boundary of the solar facility, shall be submitted and approved
by the Director of Development Services.
15. Prior to grading or development, a drainage analysis prepared by a registered civil engineer
in conformance with Butte County Code shall be submitted to the Public Works
Department that quantifies if there will be additional peak storm runoff from the property.
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16. The height of the solar arrays shall be limited to 10 feet or less in height.
17. Prior to issuance of the building permit, a vegetation maintenance plan shall be submitted
and approved by the Director of Development Services.
Public Works
18. Prior to establishing use and after decommissioning, repair/restore shared private access
road to like-kind condition that existed prior to construction of solar facility.
19. Prior to establishing use, obtain an encroachment permit and improve existing driveway
approach to Cohasset Road as specified in the county improvement standards and the terms
of the encroachment permit.
20. Prior to grading or development, a drainage analysis prepared by a registered civil engineer
in conformance with Butte County Code shall be submitted to the Public Works
Department that quantifies if there will be additional peak storm runoff from the property.
21. If grading for the project results in a disturbance (including clearing, excavation, filling,
and grading) of one or more acres, a construction storm water permit will be required by
the State Water Resources Control Board. The permit must be obtained from the State
Water Resources Control Board prior to construction. If a construction storm water permit
is required, a note is to be placed on the site improvement plans that states: “The
development of this project required a construction storm water permit”. In addition the
WDID number issued by the State shall also be placed on the site improvement plans.
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 construction storm water
permit.”
Butte County Fire/California Department of Forestry
22. Comply with all CFC requirements through the building permit process.
Processing Fees
23. 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.
4/2/15
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cc: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Assessor’s Office