§ 16.16.080. Use permit—Denial conditions.

The commission may approve an application for a use permit under this chapter unless it makes any of the following findings:

A.

Adequate mitigation measures do not exist for all significant forms of air, land, water and noise pollution, including but not limited to the control of erosion and the disposal of liquid, solid and gaseous wastes, protection of surface and subsurface waters, plants, humans, fish and wildlife and their habitats;

B.

The temporary exploratory probe or the oil and gas or geothermal resources exploration or development project will, in the circumstances of the particular case, be materially detrimental to health, safety and general welfare of persons residing or working in the vicinity of the use;

C.

The health, safety and general welfare of others will be endangered by damage to components of the ecological system, such as vegetation, air, water, crops, household and agricultural water supplies from erosion increase, water quality degradation, groundwater infiltration, wildlife habitat loss, noise, dust, impact on fragile or sensitive areas, wildlife disturbance, land use and cultural use disturbance, road failures, off-site land degradation, seepage, spillage or escape of toxic materials, liquids or drill muds, venting or spillage of bio-sensitive materials, well blowout, induced seismic activity, unacceptable sump material dumping sites and neutralization of biosensitive sump materials, possible impact of heavy metals and materials such as boron and chloride generally from condensed steam phase and system-wide leakages or emissions due to breakdowns, punctures or vandalism, full or partial steam and gases vented to the atmosphere, or additional environmental changes of air or water quality, such as:

1.

Impact of potential acid rainfall and potential effect on vegetation, wildlife, aquatic organisms, human health, air chemistry, and agricultural production,

2.

Noncondensible gas impact from methane, argon, mercury, hydrogen sulfide, ammonia, ethane, radon and daughter products,

3.

Increase in existing smog levels through potential transformation from hydrogen sulfide to sulphur dioxide through contact with oxygen-hydrogen ions in partially polluted air and possibly from photo-oxidation of hydrogen sulfide,

4.

Probability of significant effects from dissemination of hydrogen or sulphur compound substances as both gases and aerosols are present over the county, especially the city of Napa, Pope and Chiles Valleys and Lake Berryessa,

5.

Location and intensity of localized concentrations or accumulated effects, both localized and general, of increased levels of emissions from full field development arising from steam-associated condensible and noncondensible gases and other materials such as boron, chlorides, heavy metals (particularly mercury, lead and copper) and radioactive materials, particularly radon and its daughter products, on the environment, especially on all types of biota in relation to standards such as those of the Environmental Protection Agency, State Health Department, and other agencies,

6.

Local and regional climate modification, including increased fog, possible formation of rime ice during the winter months, and increased humidity contributing to localized changes in near-ground climate regimes,

7.

Emission of considerable quantities of heat, water vapor and steam into the atmosphere, depending upon the atmospheric conditions and the magnitude of the effluents causing visible plumes, local cloud formation, more extended cloud formation such as stratus and sheets of cumulus clouds, and, in a valley, increasing incidence and duration of ground fog and icing on the ground and elevated structures.

(Ord. 499 § 1 (part), 1976: prior code § 10428 (a))