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Planning Commission
Meeting Date: 01/16/2020  

Information
SUBJECT
ZF #2019-0006:  Request for a Use Permit to construct a “medium-sized” solar energy system on approximately 19 acres of a 31-acre agriculturally-zoned parcel, west of and adjacent to the City of Winters and immediately north of and adjacent to PG&E’s Putah Creek Substation (APN: 030-200-016); adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan (SCH#2019109000). Applicant/Owner: Putah Creek Solar Farms LLC/Putah Creek Land Company; Planner: SCormier
SUMMARY
FILE # 2019-0006 Putah Creek Energy Farm Use Permit
APPLICANT:

Putah Creek Solar Farms LLC

9570 Putah Creek Road

Winters, CA 95694
OWNER:
Putah Creek Land Company
LOCATION: Approximately 0.5-mile northeast of the intersection at State Route 128 and County Road 87D, west of and adjacent to the City of Winters (APN: 030-200-016) (Attachment B)

GENERAL PLAN: Agriculture 

ZONING:
Agricultural Intensive (A-N)

SUPERVISORIAL DISTRICT: 2 (Supervisor Saylor)
SOILS: Brentwood silty clay loam (BrA), 0 to 2 percent slopes (Grade One); Riverwash (Rh); and Tehama loam (TaA), 0 to 2 percent slopes (Grade One)

FLOOD ZONE: X (areas outside the 100-year flood plain)

FIRE SEVERITY ZONE: Moderate, None
ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration (SCH#2019109000)
RECOMMENDED ACTION
That the Planning Commission:
  1. Hold a public hearing and receive comments;
  2. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan (Attachment C) as the appropriate level of environmental documentation in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines;
  3. Adopt the Findings (Attachment D); and 
  4. Approve the Use Permit and Conditions of Approval (Attachment E).
REASONS FOR RECOMMENDED ACTIONS/BACKGROUND

The project will provide the County with a clean source of renewable energy and is estimated to generate about three megawatts (MW) per year. The project site is located on a 31-acre property that has been farmed as an orchard (walnuts), a portion of which will be removed to accommodate the project. The Putah Creek PG&E Substation is immediately adjacent to the project site on the south. The 15-acre Putah Creek solar generation facility located to the south of the substation is operated by the applicant, and was constructed in 2014 under Use Permit ZF2013-0017.  The proposed project would implement Yolo County’s General Plan and Climate Action Plan policies that support alternative and renewable energy systems, such as solar energy generation and storage.

The project is located on flat agricultural land with no natural shading obstacles and is bordered by agricultural land to the north and west, and a residential subdivision to the east (located in the City of Winters). Dry Creek forms the eastern boundary between the project site and residential development, and acts as a buffer. Other than a negligible amount of annual grassland and ruderal vegetation, the project site supports no other natural community or wildlife habitat and the project is not expected to have any direct impacts to special-status species. However, disturbance from construction activities have the potential to indirectly impact three special-status species that may inhabit or forage in the adjacent riparian habitat. Potential impacts to the valley elderberry longhorn beetle (VELB), Swainson’s hawk, and white-tailed kite are discussed below.

The project will be required to compensate for the permanent loss of agricultural land in accordance with the County’s Agricultural Conservation and Mitigation Program. Those portions of the existing walnut orchard not removed for the project would remain in production and provide visual screening.

PROJECT DESCRIPTION
The proposed project will construct a photovoltaic (PV) ground mount energy generation and battery storage system that would occupy no more than up to 19 acres. The PV panels will be oriented along a north-south axis, mounted on sets of galvanized steel racking that rotate from east to west to track the sun’s path throughout the day. Each panel row will measure approximately 200 feet in total combined length and approximately 6.5 feet in width. Trenching for underground wiring would be two feet, but not more than three feet, deep. The panels, which are dark in color, non-reflective, and designed to be highly absorptive of light, would be manufactured offsite and transported to the project site for installation. The nearest residents are located approximately 150 feet north of the nearest solar panels at Array-4 and -2, and 155 feet south of the solar panels at Array-1 shown in Attachment A.
 
A single concrete pad would be installed to serve as the PG&E grid interconnection pad, which would be approximately 800 square feet in size. The battery energy storage system would be housed in small, sealed containers on the interconnection pad, and would be connected to the system via underground electrical wires. The storage system would be silent during operation. The project is expected to have a life of up to 30 years; although, if still economically viable, it could be operated longer. Regardless, whenever the facility is closed, a prescribed closure procedure plan approved by the County shall be followed (see Attachment E, Conditions of Approval). 
 
Access to the project site would be provided from County Road (CR) 87D, with interior access provided by a 330-foot wide perimeter road, maintained to facilitate onsite circulation. Internal roadways, approximately 20 to 30 feet in width would be provided within the panel array footing. Dry Creek and its riparian habitat and features would not be disturbed by construction or operation of the project.
 
Construction of the project is expected to generate an average of one equipment delivery per day with up to ten workers commuting to the site on a daily basis. Construction is expected to take approximately three months, with crews working five 10-hour days per week. Pile driving activities, which are expected to last three weeks, would be limited to 8:00 A.M. to 5:00 P.M. weekdays.
 
The project would be monitored remotely by Putah Creek Solar Farms LLC or its affiliates to address security issues at the site. A six-foot high chain link fence would be installed around the perimeter of the project. Daily maintenance of the facility would consist of approximately two part-time employees performing visual inspections and minor repairs up to once daily. Larger repairs may require up to 15 employees on an intermittent basis; it is anticipated that the solar panels would be washed approximately twice per year with an estimated use of up to 50,000 gallons of water per year. Due to the highly absorptive nature of the ground surface and underlying soils, water would run off the surface of the panels and absorb quickly, avoiding runoff and soil erosion. Combustible vegetation on and around the solar generation project would be actively managed to minimize fire risk. There are no potentially dangerous, explosive, flammable, or hazardous chemical elements to the proposed project, and no hazardous waste materials would be generated by the operation of the project.

ANALYSIS
 
Yolo County Code Section 8-2.1104 (Small and Medium Solar Energy Systems) permits medium-sized solar energy systems within the unincorporated area of the County. Medium-sized solar energy systems are defined as private on-site or utility-scale solar energy conversion systems consisting of many ground-mounted solar arrays in rows or roof-panels, and associated control or conversion electronics, occupying more than 2.5 acres and no more than 30 acres of land, and that will be used to produce utility power to on-site uses and/or off-site customers.
 
While the Solar Energy Systems ordinance encourages medium-sized solar generation projects to locate on non-prime farmland, projects that propose to locate on predominantly prime farmland require approval of a Minor Use Permit. Soils on the project site are identified as Brentwood silty clay loam (Class I soils) and Tehama loam (Class II soils) by the U.S. Soil Conservation Service Soil Survey of Yolo County. The project site is designated as “Prime Farmland” on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. By way of comparison, the Class II soils at the PG&E substation are also identified as prime farmland.
 
One main criterion for seeking an appropriate location to site a commercial solar energy system is proximity to a nearby PG&E substation and nearby transmission line with capacity to transmit additional electricity. However, the location of substations can make it impracticable to locate a solar energy project on non-prime farmland. For example, locating a solar facility on a site with non-prime soils would place it out of proximity to a substation, which could have the adverse effect of removing active farmland to construct additional utility infrastructure and increase transmission lines. Additionally, construction of a new substation and transmission lines can be costly, rendering a medium sized solar energy facility economically infeasible. Of the six substations located in unincorporated Yolo County, all are located on prime farmland. The project site and lands to the south and north are not enrolled in the Williamson Act.
 
The County’s Solar Energy Systems ordinance requires medium-sized facilities to mitigate for the permanent loss of agricultural land in accordance with Section 8-2.404 (the Agricultural Conservation and Mitigation Program) whether or not they are located on prime farmland. The Initial Study prepared for the project proposes mitigation to ensure consistency with the program. Therefore, the project, if approved, would be required to implement Mitigation Measure (MM) AG-1 to compensate for the permanent loss of prime farmland through acquisition of an agricultural preservation easement or payment of an in-lieu fee, as applicable (Attachment C).
 
A Biological Resources Assessment was prepared for the project by Estep Environmental Consulting in January, 2019, due to the potential for the project to impact special status species and/or their habitat. A follow-up survey and site assessment was also conducted in May, 2019, to provide additional biological data from spring/breeding season observations. The surveys found there would be no direct impacts associated with the project due to the lack of habitat on the site, primarily because the project site consists almost entirely of a walnut orchard which has been the sole agricultural land use for decades.  However, due to the presence of mature elderberry shrubs along the Dry Creek riparian corridor adjacent to the project site, and the potential to indirectly impact the valley elderberry longhorn beetle (VELB), mitigation is proposed to avoid inadvertent indirect impacts during construction of the project. Similarly, while the project site does not support nesting or foraging habitat for the Swainson’s hawk and white-tailed kite, the riparian trees along Dry Creek could support active nest sites. Therefore, to avoid disturbance of breeding sites of Swainson’s hawks, white-tailed kites, and other raptor species, preconstruction surveys are required as a mitigation measure prior to construction.  See Attachment C, Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, for specific references to proposed mitigation for special-status species.  The project's mitigation measures are also included in the project's Conditions of Approval found in Attachment E.
 
The applicant has indicated that the intent of the project is to provide distributed clean energy locally, as an alternative to PG&E distribution. Several Community Choice Aggregators (CCAs) have been founded in northern California over the last few years with the intent to supply the public with green energy as an alternative to PG&E, including one now serving Yolo County. This local CCA, Valley Clean Energy, states in the 2018 Integrated Resource Plan that  'local energy resources are key to its long term procurement strategy and helping jurisdictions achieve their long term climate and sustainability goals'.

PUBLIC REVIEW

A “Request for Comments” was circulated to various agencies on February 12, 2019, and a subsequent Courtesy Notice was mailed to adjacent property owners and interested parties on June 10, 2019.  An invitation for early consultation was also sent to Tribes requesting such notification, including Yocha Dehe Wintun Nation, on February 12th.  Early feedback from a few of the neighbors indicated concern with removing land in agricultural production. These comments, along with responses and comments received from the various agencies, Tribes, and interested parties, are summarized in Exhibit 1 (Summary Comment Table) and includes a staff response. Copies of response letters and emails are provided in Attachment F. Comments were incorporated into the environmental review and/or project conditions of approval, where applicable.

An Environmental Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the project, and a “Notice of Intent” to adopt a Mitigated Negative Declaration was circulated from September 30, 2019, through October 30, 2019. Four letters were received during the public review period. Copies of all letters and comments received are attached to this staff report in Attachment F. A summary of comments on the IS/MND are included in a Comment Summary Table attached to this staff report as Exhibit 1.  The Final MND in Attachment C has updated one of the Air Quality 'Applicant Proposed Measures' (APM AQ-1) to comply with current local air quality standards. Please note this edit did not result in a change to levels of significance for air quality impacts.

GENERAL PLAN CONSISTENCY

The project is consistent with objectives in the Countywide General Plan that call for increased capacity and reliance on renewable energy resources as a means of securing the health, safety, and prosperity of Yolo County communities against the adverse effects of climate change. Additionally, the project would assist the state in complying with numerous renewable energy policies that call for renewable sources of energy generation and greenhouse gas reduction strategies. The project would provide an additional clean source of electrical power that would supplement energy currently supplied by the existing power grid.

The Countywide General Plan provides strong policy support for both the protection of farmland and the development of alternative energy. The County’s Climate Action Plan (CAP) also includes numerous policies and measures to reduce fossil fuel reliance and greenhouse gas emissions by strongly encouraging conversion to solar energy sources. While the County strives to protect farmland, and prime soils in particular, decisions are periodically made to allow various types of desirable and/or economically necessary land uses to locate on prime agricultural land, including agricultural processing and research facilities that convert land previously capable of or used for agricultural production.

The Findings prepared for the project, found in Attachment D, identify the project’s consistency with and/or support of General Plan goals and policies from the following Elements: Land Use and Community Character, Conservation and Open Space, Public Facilities and Services, and Agricultural and Economic Development. Staff believes that the proposed project provides a balanced approach that ensures the County’s historic commitment to conserve and protect farmland is not compromised, while encouraging the production of alternative energy to reduce reliance on nonrenewable energy sources, provide an option for a local sustainable energy source, and minimize regional greenhouse gas emissions. For these reasons, staff supports approval of a Use Permit for the construction and operation of the solar generation and battery storage facility located within proximity of the Putah Creek substation.
COLLABORATIONS

As indicated above, the project was submitted for review to various local and state agencies and the public, and included a 30-day public comment review of the environmental assessment. Comments received are included in Attachment F with a staff summary provided in Exhibit 1.

APPEALS
Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing with the Clerk of the Board of Supervisors within fifteen (15) days from the date of the action. A written notice of appeal specifying the grounds for appeal and an appeal fee immediately payable to the Clerk of the Board must be submitted at the time of filing. The Board of Supervisors may sustain, modify, or overrule this decision.
Attachments
Att. A. Site Plan
Att. B. Location Map
Att. C. CEQA documents
Att. D. Findings
Att. E. Conditions of Approval
Att. F. Comment letters
Exhibit 1 (Summary Response Table)

Form Review
Inbox Reviewed By Date
Stephanie Cormier Stephanie Cormier 01/06/2020 10:41 AM
Stephanie Cormier Stephanie Cormier 01/06/2020 10:47 AM
Eric May Eric May 01/06/2020 11:45 AM
Leslie Lindbo Leslie Lindbo 01/10/2020 05:42 AM
Form Started By: Stephanie Cormier Started On: 10/29/2019 03:17 PM
Final Approval Date: 01/10/2020

    

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