Mendocino County Municipal Code Ch. 20.520 Industrial Development and Energy Facilities

This Chapter shall apply to all existing and proposed industrial developments and commercial energy facilities located within the Coastal Zone of Mendocino County.

(Ord. No. 3785 (part), adopted 1991)

The purpose of this Chapter is to provide for necessary industrial and energy development within the coastal zone while protecting, enhancing and restoring coastal resources.

(Ord. No. 3785 (part), adopted 1991)

Onshore facilities related to the development of offshore oil and gas, except for onshore pipelines for natural gas, are not authorized in the coastal zone without a Coastal Element Amendment, because no offshore areas are currently leased for oil and gas development. Development of siting, construction, and mitigation criteria should be considered in the context of specific proposals, so that topographical and environmental constraints can be identified and then-current technologies can be incorporated. If there is a future proposal for such development, it can be considered through the Local Coastal Program amendment process, including the special amendment process provided for energy projects by Section 30515 of the Coastal Act.

(Ord. No. 3785 (part), adopted 1991)

(A) Onshore oil and gas development, not related to offshore oil and gas development may be permitted subject to two separate Coastal Development Use Permits, the first limited to the exploratory phase and the second, to production. Supplemental application requirements are set forth in Section 20.532.080.

(B) Onshore oil and gas development, not related to offshore oil and gas development, may include drilling, redrilling, production and abandonment of wells; and construction and installation of sumps, access roads, piping and storage tanks. Onshore oil and gas development shall be a conditional use in AG, RL, FL and I Zoning Districts subject to the provisions of Chapter 20.532.

(Ord. No. 3785 (part), adopted 1991)

(A) Pipelines for natural gas may be permitted in all zoning districts, subject to a Coastal Development Use Permit and the following standards in addition to the requirements of Chapter 20.532:

(1) The County shall require that a resource survey be conducted along the pipeline route to determine which, if any, coastal resources may be impacted by pipeline construction and operation. The costs of this survey shall be borne by the applicant.

(2) The resource survey shall be conducted by a consultant selected jointly by the applicant, the County, and the Department of Fish and Game. If the survey determines that the area to be disturbed will not revegetate naturally or in a timely manner to avoid other damage, as from erosion, the applicant shall submit a revegetation plan. The plan shall also include provisions for restoration of any habitats which will be disturbed by construction or operation procedures.

(3) One (1) year after completion of construction, the County shall require that the area crossed by the pipeline be resurveyed to assess the effectiveness of the revegetation and restoration plan. The resource survey shall become the data base for continued monitoring and assessing progress on an annual basis, until monitoring is no longer necessary as determined by the Director.

(4) The County shall require the posting of a performance bond by the applicant to ensure compliance with these provisions.

(5) The County shall prohibit the use of herbicides during the pipeline construction and shall require that excess soil be delivered to an approved dumping site, after the excavation has been backfilled and compacted.

(6) The pipeline shall be sited and constructed in such a manner as to inhibit erosion.

(7) Where feasible, pipelines shall be routed to avoid important coastal resources, including recreation, natural habitat, and archaeological areas. Unavoidable routing through such areas of significant coastal resource value shall be done in a manner that minimizes the extent of disturbance and erosion.

(B) In sensitive resource areas, the extent of pipeline construction and ground surface disturbance shall be reduced to a minimum by restricting construction activities and equipment within narrow, limited and staked work corridors and storage areas. All development will be done in the least environmentally damaging alternative and will require mitigation for negative impacts.

(C) Geologic investigations, performed by a qualified engineering geologist or a registered civil engineer with expertise in soil analysis shall be required where a proposed pipeline route crosses potential faulting zones, seismically active areas, or moderately high to high risk landslide areas. This investigation shall evaluate potential risks and recommend mitigation measures such as pipeline route changes and/or engineering measures to help ensure the integrity of the pipeline and minimize erosion, geologic instability, and substantial alterations of the natural topography.

(D) New pipeline corridors shall be consolidated within existing pipeline or electrical transmission corridors unless there are overriding technical constraints or significant social, aesthetic, environmental, or economic concerns.

(Ord. No. 3785 (part), adopted 1991)

(A) Electrical transmission and distribution lines, excluding 120/240 volt service lines to individual parcels shall be permitted in all zoning districts subject to a Coastal Development Use Permit, the provisions of Chapter 20.532 and the following standards:

(1) Electrical transmission line rights-of-way shall be routed to minimize impacts on the viewshed, especially in scenic rural areas, and to avoid locations which are on or near sensitive habitat, recreational, or archaeological resources.

(2) Scarring, grading, or other vegetative removal shall be minimized and revegetated with plants similar to those in the area.

(3) Where above-ground electrical transmission lines would unavoidably affect views, undergrounding shall be required where it is technically and economically feasible unless it can be shown that other options are less environmentally damaging.

(4) When above-ground facilities are necessary, design and color of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow. Electrical transmission lines shall not extend along the road right-of-way for continuous distances and shall avoid the crests of roadways to minimize their visibility on distant views.

(5) Related utilities should use existing rights-of-way whenever such uses are compatible and feasible.

(Ord. No. 3785 (part), adopted 1991)

(A) Alternative energy facilities for on-site use including wind, solar, wave and biomass and cogeneration may be permitted subject to a Coastal Development Use Permit, pursuant to Chapter 20.532, in all zoning districts consistent with the following provisions:

(1) Any impacts to coastal resources shall be mitigated to a level of insignificance.

(2) Scarring, grading and other vegetation removal shall be minimized and revegetated with similar vegetation.

(B) Alternative energy facilities for off-site use may be permitted as conditional uses in the CAG, CFL, CTP, CRL and CI Zoning Districts consistent with provisions of (1) and (2) above and all other applicable provisions of this Division. (Revised 3/16/88)

(Ord. No. 3785 (part), adopted 1991)

(A) Sand removal, mining and gravel extraction may be permitted subject to a Coastal Development Use Permit pursuant to Chapter 20.532 of this Division and must be conducted in conformance with the following standards. Additionally all mining activities taking place within an area designated as an ESHA shall also comply with Chapter 20.496 of this Division. Sand removal, mining, and gravel extraction proposed on public trust lands, or other lands within the jurisdiction of the California Coastal Commission shall require a coastal development permit from that agency.

(1) All such operations shall be undertaken in a manner which prevents siltation and other sources of pollutants that might enter streams by requiring silt traps or other approved methods for controlling release of pollutants and runoff.

(2) Operations shall be conducted at times of the year which will result in the least adverse impacts on fish and wildlife.

(3) Operations shall not be conducted on vegetated bars or dunes.

(4) Disturbance to stream banks shall be minimized by appropriate mitigation measures.

(5) For all projects larger than one (1) acre in extent and/or cumulative removal of one thousand (1,000) cubic yards or more of material, including displaced overburden per year the applicant shall prepare and submit a reclamation plan of the project site which shall be approved prior to the issuance of a permit and shall be carried out before or upon cessation of the mining/extraction operation. For projects involving the removal of less than one thousand (1,000) cubic yards, a reclamation plan shall not be required.

(B) Applications for sand removal, mining and gravel extraction shall also contain the supplemental information set forth in Section 20.532.090.

(C) Performance bonds for any project that requires a reclamation plan shall be required to ensure proper restoration of the site and completion of reclamation.

(D) Prior to approval of the permit, comments and copies of any permits or authorizations required by the following agencies shall be obtained where relevant:

(1) State Lands Commission.

(2) California Department of Fish and Game.

(3) Regional Water Quality Control Board.

(4) United States Army Corps of Engineers.

(5) California Department of Mines and Geology.

(6) California Department of Transportation where projects are in a one hundred (100) year floodplain within one (1) mile of a State highway bridge.

(7) County Fish and Game Advisory Commission.

(8) California Coastal Commission.

(Ord. No. 3785 (part), adopted 1991)