To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
ENGIE North America Coastal Development and Conditional Use Permit Extension
Record Number: PLN-2024-18924
Assessor Parcel Number: 401-121-011
Fairhaven area
A two-year extension to a previously approved Coastal Development Permit and Conditional Use Permit (PLN-2022-17973) for a new Battery Energy Storage System (BESS) facility to capture and manage renewable energy. The project will be located in the footprint of an existing renewable energy generation facility and would interconnect to the existing Fairhaven Biomass Substation, and would have connection to PG&E. The project would include the placement of battery energy storage enclosures and power conversion system units. Approximately 50 employees would be required during the construction phase. Once constructed, the facility would be unstaffed and would include remote operational control. Inspections and maintenance would occur as necessary. The extension is needed due to the need for additional time to complete electrical and engineering drawings for submittal for building permits. The applicant (Broad Reach Power, LLC) has changed ownership since the existing permit approval and the new applicant is ENGIE North America. If approved, the extension will expire March 27, 2025.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
Adopt the resolution (Resolution 24-__) (Attachment 1) which does the following:
a. Finds the project is Categorically Exempt from environmental review pursuant to Section 15301 (Existing Facilities) and 15303 (New Small Structures) of the CEQA Guidelines; and
b. Makes all of the required findings for approval of the Conditional Use Permit & Coastal Development Permit Extension; and
c. Approves the Coastal Development Permit and Conditional Use Permit Extension subject to the original Conditions of Approval included in Attachment 1A.
Body
DISCUSSION:
Project Location:
The project is in the Fairhaven area, on the north side of Bay Street, approximately at the intersection of New Navy Base Road and Bay Street, on the property known as 97 Bay Street.
Present General Plan Land Use Designation: Industrial General (MG), Humboldt Bay Area Plan. Density: N/A. Slope Stability: Moderate Instability (2).
Present Zoning: Industrial General (MG).
Environmental Review: The project is exempt from environmental review pursuant to Categorical Exemption Section 15301 (Existing Facilities) and 15303 (New Small Structures) of the CEQA Guidelines.
State Appeal: Project is appealable to the California Coastal Commission.
Major concerns: None.
Staff Analysis of the Evidence Supporting the Required Findings: Section 312-11.3.2 of the Humboldt County Code establishes the authority to grant time extensions for approved permits or variances when it can be found that the development has not changed from that for which the permit or variance was granted and that the findings made when the permit or variance was granted can still be made.
The applicant states that the extension is needed due to the need for additional time to complete electrical and engineering drawings for submittal for building permits. This is the first applicant requested extension, and if approved, the Coastal Development Permit and Conditional Use Permit will expire on March 27, 2025.
Staff concludes that the findings and conditions of the original project, effective March 27, 2023, have not changed based on the following staff analysis, and are applicable to the proposed extension because:
1. The development has not changed from that for which the permit or variance was granted. The site plan and project description have not changed from what was approved as PLN-2022-17973 on February 16, 2023 (ZA Resolution 23-010); and
2. The General Plan Land Use designation for which consistency findings were made has not changed. The parcel is planned Industrial General (MG). This designation has not been changed for the affected property; and
3. The zoning for which conformance findings were made has not changed. The parcel is zoned Industrial General (MG). The zoning designation has not changed from when the project was previously approved; and
4. The applicable development standards, for which the original project was evaluated, have not changed: and
5. All other standards and requirements to which the project is subject, and as administered by other departments or agencies have not changed; and
6. The project was previously determined that the project qualifies for exemptions found in Sections 15301 (Existing facilities) and 15303 (New Small Structures) of the CEQA guidelines. The County has received no evidence indicating that additional review under CEQA is necessary.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect not to approve the extension however circumstances and conditions have not changed substantially since the original approval of the project. Consequently, Planning staff does not recommend further consideration of any alternative.
ATTACHMENTS:
1. Draft Resolution
A. Zoning Administrator Resolution 23-010
2. Zoning Administrator Staff Report PLN-2022-17973
Applicant
ENGIE North America
Attn: Justin Amirault
1360 Post Oak Blvd.
Houston, TX 77056
Owner
DG Fairhaven Power LLC
115 Redmond Road
Eureka, CA 95503
Agent
SHN Consulting Engineers & Geologists
Attn: Stein Coriell
812 W Wabash Ave.
Eureka, CA 95501
Please contact Rodney Yandell, Senior Planner, at 707-268-3732 or by email at ryandell@co.humboldt.ca.us <mailto:ryandell@co.humboldt.ca.us>, if you have any questions about the scheduled item.