The recommended action is to adopt an ordinance that extends both the Small and Medium-Sized Solar Facilities Ordinance (Section 8-2.1104 of Title 8 of the Yolo County Code) and the Large and Very Large Solar Facilities Ordinance (Section 8-2.1105 of Title 8 of the County Code) for a period of six months. During the six-month period, staff will continue to revise the Small and Medium-Sized Solar Facilities Ordinance to incorporate the requirements of a new law signed by the Governor (AB 2188, see below) and review both the ordinances with appropriate interested parties and the Citizens Advisory Committees to identify any additional recommended changes that should be considered by the Planning Commission and Board of Supervisors.
Background
The Small and Medium-Sized Solar Facilities Ordinance was originally approved on September 27, 2011 and went into effect on October 27, 2011. The ordinance sets forth zoning and related regulations that apply to "small" solar projects (roof panels and ground–mounted solar arrays occupying no more than 2.5 acres of land) and "medium"-sized solar projects on more than 2.5 acres, but less than 30 acres. The ordinance includes detailed development standards that regulate height, setbacks, and other requirements. Small solar panels and arrays are approved with only a building permit, and medium-sized projects are approved with a non-discretionary Site Plan Review (or by a Minor Use Permit if the project is located on prime or contracted lands, or will impact more than 2.5 acres of Swainson's hawk habitat lands). All medium-sized facilities are required to mitigate for the permanent loss of agricultural land and for loss of habitat.
Since approval of the Small and Medium-Sized Solar Facilities Ordinance in 2011, the County has approved only two medium-sized solar array projects and there is one medium sized application that has been submitted and is pending. In terms of the processing for roof-mounted and small ground-mounted projects, the Building Division estimates that they are currently approving approximately ten to twelve building permits per month.
The Large and Very Large Solar Facilities Ordinance was approved on October 11, 2011 and became effective on November 10, 2011. The ordinance does not include any detailed development standards. "Large" solar facilities (more than 30 acres and less than 120 acres) and "very large" projects (more than 120 acres) require the issuance of a Major Use Permit by the Board of Supervisors, following a recommendation by the Planning Commission. All large and very large solar facilities are required to mitigate for the loss of agricultural land.
Since approval of the Large and Very Large Solar Facilities Ordinance in 2011, the County has approved no applications for projects greater than 30 acres. One project south of Davis was submitted but was later withdrawn.
The original two ordinances adopted in 2011 contained a three-year "sunset" period, which required that staff return to the Board by the end of the three year period with "a report on the ordinance, including its overall effectiveness at addressing the issues that led to its adoption..." The Board of Supervisors held a public hearing on October 7, 2014 to consider "the modification, repeal or extension" of the two ordinances. Following the hearing, the Board voted unanimously to extend the ordinances for six months.
The relative effectiveness of the Small and Medium-Sized Solar Facilities Ordinance can be measured using the two applications for medium-sized systems that were approved by the County, as well as the numerous building permits that have been issued for small roof-top and ground-mounted systems since 2011. Based on the processing of these applications, the Small and Medium-Sized Solar Facilities Ordinance can be judged effective in its implementation.
Because there have been no applications processed under the Large and Very Large Solar Facilities Ordinance, the effectiveness of this ordinance cannot be measured.
New Law (AB 2188)
The main reason for the request for an additional six-month extension of the two solar ordinances is to complete staff work on the revision of the existing Small and Medium Sized Solar Facilities Ordinance by September 2015 to comply with a new State law. In September, 2014, the Governor signed AB 2188 which requires the County to amend the Small and Medium Sized Solar Facilities Ordinance.
The new law requires that each jurisdiction prioritize the permitting of small rooftop solar systems of 10 kilowatts or less by:
- adopting a requirements checklist that small rooftop solar energy systems must comply with to be eligible for expedited review;
- publishing the checklists and other required permitting documentation on their websites;
- accepting electronic submissions of applications and electronic signatures;
- requiring only one inspection, which is done in a timely manner, for a small rooftop solar energy system that is eligible for expedited review; and
- adopting specific permitting procedures.
Attached is the bill text and a summary (Attachment E).
The Chief Building Official has been working with a professional organization, the California Building Officials (CALBO), to develop a coordinated response to the new requirements that all local building officials can implement. CALBO is continuing to work on the requirements checklist that small rooftop solar energy systems must comply with. The organization expects to distribute a recommended template for the checklist to its members prior to the September, 2015 deadline. Staff will return to the Board at that time.
Environmental Review
During the review of the original solar ordinances an Initial Study/Negative Declaration was prepared and circulated for a 30-day period beginning February 28, 2011 and ending March 29, 2011. The Initial Study was circulated through the State Clearinghouse to State agencies. The Board of Supervisors adopted the Negative Declaration as part of the approval process for the two ordinances in September and October 2011.
Staff has determined that this document is legally adequate for the proposed six-month extension of the ordinances based upon a review of California Environmental Quality Act (CEQA) Guidelines.
Section 15162(a) of the CEQA Guidelines states that “When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The Initial Study for the original ordinances approved in 2011 concluded that no potential environmental impacts would result from implementation of the ordinances. No mitigation measures were adopted. No important examples of major periods of California history or prehistory in California were identified; and the habitat and/or range of any special status plants, habitat, or plants would not be substantially reduced or eliminated by the adopted ordinances. The Initial Study also concluded that the ordinances would have no significant cumulative impacts. As noted in the Project Description, solar energy development will play a key role in reducing the consumption of non-renewable energy in the County and in California, and solar development in Yolo County could contribute to that beneficial cumulative impact to reduce greenhouse gases.
The application of the two ordinances during the last three years has raised no new environmental issues. Based on the experience of he County in processing many small solar projects and two medium-sized projects (but no large or very large projects), staff has determined that the action to extend for six months the previously approved ordinances does not cause any “substantial changes,” “new information,” “significant effects,” or require any new or revised “mitigation measures or alternatives,” or trigger any of the other criteria listed in Section 15162(a) of the CEQA Guidelines that would require a subsequent environmental document to be prepared.
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