MINUTES OF MEETING EAST COUNTY BOARD OF ZONING ADJUSTMENTS MAY 24, 2018 (Approved June 28, 2018)

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1 MINUTES OF MEETING (Approved June 28, 2018) FIELD TRIP The Chair visited the properties listed below with the exception of #3 PLN and #4 PLN and reconvened at 1:30 p.m. for the Regular Meeting in the City of Pleasanton Council Chambers. REGULAR MEETING CALL TO ORDER: The Chair called the meeting to order at 1:35 p.m. MEMBERS PRESENT: Members Frank Imhof, Chair; and Scott Beyer. OTHERS PRESENT: Christina Horrisberger, Senior Planner; Damien Curry, Planner; Heather Littlejohn, County Counsel s Office; and Nilma Singh, Recording Secretary. There were thirty-two people in the audience. PLEDGE OF ALLEGIANCE OPEN FORUM: Open forum is provided for any members of the public wishing to speak on an item not listed on the agenda. Each speaker is limited to three (3) minutes. No one requested to be heard under open forum. FIELD TRIP REPORT: 1. STEVE & KAREN POWELL, CONDITIONAL USE PERMIT, PLN ~ Application to allow winery related uses (event center), in an A-CA (Cultivated Agricultural) District, located at 5143 Tesla Road, south side, approximately 300 feet east of Mines Road, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099A RPM HOLDINGS/E&B NATURAL RESOURCES, CONDITIONAL USE PERMIT, PLN ~ Application to allow continued operation of an existing oil production facility, in the A (Agricultural) District, located at 8467 Patterson Pass Road, south side, southeast corner of the intersection of Patterson Pass Road and Green Valley, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099A

2 PAGE 2 3. STALEY/MD7, LLC/DAVID, CONDITIONAL USE PERMIT, PLN ~ Application to allow continued operation with modifications of a telecommunications facility, in the A (Agricultural) District, located at 1009 Dublin Canyon Road, south side, approximately 2,000 feet west from Canyon Creek Circle, unincorporated Pleasanton area of Alameda County, designated Assessor s Parcel Number: SHUFF/PG&E/PRECISION SITE DEVELOPMENT/JORDAN, CONDITIOANL USE PERMIT, PLN ~ Application to allow construction and operation of a telecommunications facility on an existing PG&E tower, in an A-BE (Agricultural, 160 acre MBSA) District, located at 482 N. Midway Road, west side, northwest corner of the intersection of North Midway and I-580, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099B NEIGHBORHOOD PRESERVATION AND ZONING ORDINANCE ABATEMENT ~ None ALCOHOLIC BEVERAGE SALE REGULATION ADMINISTRATIVE HEARING ~ None APPROVAL OF MINUTES FROM PREVIOUS MEETINGS 5. APPROVAL OF BOARD MINUTES ~ March 22, 2018 Member Beyer made the motion to approve the March 22 nd Minutes as submitted and the Chair seconded. Motion carried unanimously, 2/0. CONSENT CALENDAR: No items REGULAR CALENDAR: 6. SHUFF/PG&E/PRECISION SITE DEVELOPMENT/JORDAN, CONDITIONAL USE PERMIT, PLN ~ Application to allow construction and operation of a telecommunications facility on an existing PG&E tower, in an A-BE (Agricultural, 160 acre MBSA) District, located at 482 N. Midway Road, west side, northwest corner of the intersection of North Midway and I-580, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099B Ms. Horrisberger presented the staff report and County Counsel recommended adding a new Condition #16 to reflect that the Permittee shall comply with all Federal, State and local laws and regulations and County ordinances. No public testimony was submitted. The Chair made the motion to move staff recommendation for an approval including the new condition and Member Beyer seconded. Motion carried unanimously, 2/0.

3 PAGE 3 7. STALEY/MD7, LLC/DAVID, CONDITIONAL USE PERMIT, PLN ~ Application to allow continued operation with modifications of a telecommunications facility, in the A (Agricultural) District, located at 1009 Dublin Canyon Road, south side, approximately 2,000 feet west from Canyon Creek Circle, unincorporated Pleasanton area of Alameda County, designated Assessor s Parcel Number: Ms. Horrisberger presented the staff report and County Counsel recommended adding a new Condition #18 to reflect that the Permittee shall comply with all Federal, State and local laws and regulations and County ordinances. No public testimony was submitted. Member Beyer made the motion to move staff recommendation for an approval with the new condition and the Chair seconded. Motion carried unanimously, 2/0. 8. STEVE & KAREN POWELL, CONDITIONAL USE PERMIT, PLN ~ Application to allow winery related uses (event center), in an A-CA (Cultivated Agricultural) District, located at 5143 Tesla Road, south side, approximately 300 feet east of Mines Road, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099A Ms. Horriberger presented the staff report. Public testimony was called for. James Sawyer Tesla Road, spoke in opposition noting many years of non-compliance and lack of any improvements on the property. Public testimony was closed. The Board requested clarification re status of tour requested with other agencies and the lapse of time between hearings. Staff indicated that the Planning Director, Building official and the Fire Marshall had met with the applicant on site and the Applicant was made aware of all requirements; septic approval has been granted; and the Building and Fire issues are pending. Member Beyer made the motion to move staff recommendation for a denial and the Chair seconded. Motion carried unanimously, 2/0. 9. RPM HOLDINGS/E&B NATURAL RESOURCES, CONDITIONAL USE PERMIT, PLN ~ Application to allow continued operation of an existing oil production facility, in the A (Agricultural) District, located at 8467 Patterson Pass Road, south side, southeast corner of the intersection of Patterson Pass Road and Green Valley, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099A

4 PAGE 4 Ms. Horrisberger presented the staff report adding that the COA be modified to add a reference to Code Section and include an additional condition to reflect compliance with all Federal, State and Local laws and Regulations and County Ordinances. Public testimony was called for. Hollin Kretzmann, Center for Biological Diversity (CBD), summarized their letter of opposition and concerns re expansion plans from 26 to 75 acres; intensifying injections; lack of public need; and, environmental issues. Jean King representing Friends of Livermore, expressed concerns with the oil drilling area increase and urged a denial based on the uncertainty of the safety of the secondary waste injection and the need for an aquifer exemption; spoke in support of CBD; and, urged the Board to look at the applicant s track record. Edward Hazard, President, NARO-California, spoke in support and urged an approval. Mark Palajac, 932 Florence Road, Livermore and also representing Friends of the Vineyards, concurred with Mr. Kretzmann (CBD) and Ms. King s comments; and expressed concerns re seismic activity, ground water contamination and numerous citations. Paulette Salisbury, 6170 Corte Trancas, Pleasanton, in opposition to both the applications stated concerns re water and soil contamination; lack of evidence of mitigation if any contamination; not the same operation as initially approved; and on behalf of Citizens to Protect Water urged a denial. Teresa Hardy, Sierra Club, urged a denial. Alan Burnham, 4221 Findly Way, Livermore, property owner three miles away, spoke in support. Mary Perner, a 30 year Livermore resident also speaking on behalf of Eco Watch Dog, voiced concerns re secondary waste injections, expansion, ground and aquifer water supply and seismic impacts; and, urged a denial. Teal McConn, 4451 Greens Ct, Livermore and also representing Eco Watch Dog, in opposition, noted that this is not a small local company; all in opposition are residents with wells; and expressed concerns re expansion and ground water contamination. Marlene Massetti, 7893 Barn Hollow Ct, Dublin, a member of Sierra Club, read and submitted a letter from Donna Cabana including a petition in opposition. Bob Abbott, a geological engineer, expressed his concerns re lack of details, an environmental report and lack of notification, details not reviewed by scientific people/department and seismic; and, requested a continuance until all details have been reviewed. Dawn Argula, CEO, Livermore Valley Chamber of Commerce, spoke in support.

5 PAGE 5 Deborah McQueen, a Livermore resident, in opposition, submitted a petition of 150 signatures and read parts of E&B s on-line and President s statements. She further expressed concerns re expansion. Danny Turner, 3056 Lucca Circle, Livermore, read and submitted a letter from Guy Mastaes, 1900 Lincoln Way and also his letter, both in support. Eleanor Thomas, 1930 Depot Drive, Livermore, submitted her written comments in opposition. Amy Roth, applicant, with a powerpoint, discussed the following: Field Site; Conventional and environmentally responsible, Regulated by County, State & Federal Agencies, Compliance History, Comment Period and Good Neighbor. She also submitted a hand-written modification request to COA#1 the addition of or as such facility features that may be reclassified by the CA Dept of Conservation, Division of Oil, Gas and Geothermal Resources from time to time for both applications; noted that COA#1 limits the # of wells; and confirmed that there are no plans for an expansion, new wells, horizontal drilling nor an increase in the footprint. At the request of the Board, Ms. Roth further described the process, water injection, and the modifications/upgrades completed on site. Public testimony was closed. In response to the Board re environmental review, staff noted that this project is Categorically Exempt as it is an existing facility. Member Beyer made the motion to move staff recommendation for an approval with Condition #1 modified as above and the Chair seconded. Motion carried unanimously, 2/0. The Chair announced that all testimonies submitted for this application will be considered for the next application, PLN BOOHER/ROSS, E&B NATURAL RESOURCES, CONDITIONAL USE PERMIT, PLN ~ Application to allow continued operation of an existing oil production facility, in the A (Agricultural) District, located at 8617 Patterson Pass Road, south side, approximately ½ mile east of Greenville Road, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099A Continued from February 22, 2018 Ms. Horrisberger presented the staff report noting a correction there are 5 wells on site (staff report reads 4). Public testimony was called for. Marlene Massetti, a resident of Dublin, noted the applicant s track record including violations/judgement. Hollin Kretzmann, CBD, stated opposition to the additional language requested above by the applicant as the public has not had an opportunity to review; since no ceqa analysis was completed by any other related agencies, there is no record of the chemicals used that are water threatening noting Professor Jean Moran s letter.

6 PAGE 6 Alan Burnham spoke further re injecting water into the aquifer. Paulette Salisbury stated that the County/Board has direct responsibility for the water and safety of the residents and expressed concern re an approval without an environmental review. Deborah McQueen discussed the availability of portable chemical toilet during drilling and portable water supply on site for all employees. Bob Abbott re-iterated his concerns re lack of details/adequate environmental review. Mary Perna asked if there was a recourse for future horizontal drilling, if any. Staff indicated that any modifications to the CUP will be heard by this Board. Public testimony was closed. The Chair made the motion to move staff recommendation for an approval with the added modification requested by the applicant to COD#1. Member Beyer seconded and the motion carried unanimously, 2/0. STAFF COMMENTS & CORRESPONDENCE: None BOARD ANNOUNCEMENTS, COMMENTS AND REPORTS: At the request of the Chair, staff indicated that the appointment of the third Boardmember is scheduled for June 5 th (on BOS Agenda) ADJOURNMENT: There being no further business, the meeting was adjourned at 3:05 p.m. ALBERT LOPEZ, SECRETARY