§ 17.88.030. Small hydropower facility.

A.

Small hydropower facilities may be permitted with an approved administrative permit, if all of the following are met:

1.

The project is located in an EA, TP, TL, MR, F-1, M-L, M, or PF district;

2.

The height of the diversion structure, the amount of water to be impounded by it and the electrical capability of the facility will qualify the project for an exemption from the licensing requirements administered by the Federal Energy Regulatory Commission;

3.

The level of mechanical noise generated by the facility, when measured at the property lines of the site on the CNEL scale, shall not exceed the higher of either 55 dBA higher than the ambient noise level on properties adjoining the project site;

4.

A grading plan is submitted to the planning department for review and approval by the department of public works. The plan shall include all provisions necessary to stabilize and revegetate all land temporarily or permanently disturbed by the construction and operation of the facility;

5.

Security acceptable to the county has been filed by the owner or operator of the facility with the planning department to insure compliance with the requirements of subsection D of this section. The amount of any security filed by the owner or operator of the facility with the Department of Fish and Game or the Regional Water Quality Control Board may be used to offset part or all of the security required under this subsection;

6.

The proposed project meets the requirements of the California Department of Fish and Game;

7.

The proposed project meets the requirements of the Regional Water Quality Control Board;

8.

The project sponsor receives the necessary license or exemption from the Federal Energy Regulatory Commission;

9.

The proposed project meets applicable requirements of the U.S. Fish and Wildlife Service;

10.

The project sponsor owns or has the concurrence of the property owner of the site on which the project will be located;

11.

If, in the course of development, any archaeological, historical or paleontological resources are uncovered, discovered or otherwise detected or observed, construction activities in the affected area shall cease and a qualified archaeologist shall be contracted to review the site and advise the county of the site's significance. If the findings are deemed significant by the environmental review officer, appropriate mitigation measures shall be required.

B.

If any of the above criteria are not met, the facility may be permitted if a use permit is issued for it.

(Ord. 95-3 § 78, 1995; prior code § 5.03.010 (B))