Hayward fights via land-use rules

0 Comments | Oakland Tribune, Jan 15, 2008 | by Matt O'Brien

HAYWARD -- City officials and residents on Monday made a final case before the California Energy Commission, arguing that a proposed 115-megawatt power plant should not be built on Clawiter Road.

After more than a year of emotional debate, Hayward's strongest case for opposing the plant appeared to be the city's contention that the Eastshore Energy Center, if built, would violate local land- use law.

"Land use seems to be the key issue here," said Susan Gefter, an attorney for the state commission.

But the power plant developer, Colorado-based Tierra Energy, countered that local officials were misinterpreting their own zoning ordinance.

The gas-fired plant, Tierra lawyers argued before state officials, would be appropriately situated in an area that the city's general plan acknowledges is an industrial district. Across the street from the ClawiterRoad site is the headquarters of Berkeley Farms, "a milk-processing facility (that) is as or more industrially intensive than a peaker plant," said Tierra representative Jennifer Scholl.

City and county officials and local neighbors disagreed. The west Hayward area, they argued, is rapidly changing, accommodating more homes and high-tech businesses. The polluting power plant, they added, would be too close to homes, schools and Hayward Executive Airport, where its invisible thermal plumes could endanger small aircraft.

Its presence also would negatively affect local property values, said Eileen Dalton, Alameda County redevelopment manager.

The California Energy Commission, whose five board members are appointed by the governor, is scheduled to meet soon to approve or deny the project. The commissioners could find that Eastshore does, or does not, comply with Hayward's land-use and zoning laws.

But even if the commissioners agree with Hayward officials and find the plant inconsistent, Tierra has promised to call for an override.

The commission can override local laws if a power plant is considered important enough to the regional energy system that its negative effects are outweighed by its benefits.