HomeMy WebLinkAboutStaff Report 4.E 7/15/2013 A IteAfw#4.E
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DATE: July 15, 2013
TO: Honorable Mayor and Members;of the City Council through City Manager
FROM: Heather Hines, Planning Manager
SUBJECT: Sonoma County General.Plan arid Zoning Amendments for Renewable Energy
RECOMMENDATION
It is recommended that the City Council discus's proposed-amendments as part of the Sonoma
County renewable energy package, as they affect Petaluma, and direct staff to submit comments
to the Board of Supervisors for consideration at their August-6, 2013 hearing.
BACKGROUND
On May 7, 2013 the Sonotha,.County Board of Supervisors helda hearing to consider General
Plan Amendments and Zoning:Code changes to "enable renewable energy". The proposed
changes focus on removing constraints and expanding opportunities for:renewable energy
facilities to serve both'off-site,,and on-site uses through a series of policy and regulatory
amendments
The proposal includes clarified definitions for accessory renewable energy systems (designed to
primarily serve on-site energy demand) and commercial renewable energy facilities (providing
energy for off-site uses). Proposed code modifications would allow accessory systems as a
permitted use in all zones when visual and environmental`impacts'can,be mitigated. Commercial
renewable energy facilities as a primary use are proposed to be^allowed with a Conditional Use
Permit in most zoning districts, including allowance for commercial renewable energy facilities
on land within agricultural and resource zones.
More specifically,the proposed code and policy modifications would allow commercial
renewable energy facilities as a primary use on lands designated for commercial,;and industrial,
resource or-public use with requirements to avoid agricultural-areas mapped,as Prime, Statewide
or Unique Farmlands, and in areas designated as Scenic and Biotic Resources. These uses would
be limited to ensure compatible scale in rural residential, and,agriculturahand recreational areas.
The amendments would discourage large scale:commeicial renewable'energy facilities in
designated'Biotic Resource.Areas, Scenic Resource Areas, and Geologic Hazard Areas unless
essential to meet energy demand from renewable or distributed energy generation systems.
Agenda Review:
'7J
City Attorney Finance Dir ctor;,, City Manag
Commercial solar facilities.would be;allowed with a Minor Use Permit(no public hearing) in the
LEA (Land Extensive.Agricultural) and>D'A (Diverse Agricultural)°zoning districts. Much of the
property surrounding+.`Petaluma is zoned'LEA or,DA,(Attachment4). Proposed threshold would
increase the permitting to a Conditional,Use Permit when commercial solar facilities are 15-30%
of a property in the LEA district. No such`threshold;is proposed on,,DA lands, which are seen
concentrated along the north boundary of Petaluma(Attachment 4).
Although there are exceptions in the proposed code language that excludes lands of important
farmlands or identified as biotic'resources, the amendments do not appear to value agricultural
land based on the rural character and scenic open space it provides along the urban growth
boundary. It is this provision that appears to be of the most concern. .to Petaluma.
Proposed zoning code amendments would create a Renewable Energy (RE) combining district
which could be applied to a series of base zoning districts, including Land Extensive Agriculture
(LEA) and Diverse Agricultures('DA') zoning di`stricts. The RR combining district includes
• specific designation criteria that provide an additional filter and preclude the County from
designating under the following situations:
• On Land Intensive_Agricultural (LIA) property;
• Any property witl 'a Williamson Act contract;
I • Land designated within the General Plan, Area Plan OP Spcific Plan as Biotic, Historic or
Scenic Resources including the Biotic Resource (BR) , Scenic Resources (SR), or
Historic District(HD)^combining zones; unlessaa protective easement is provided to
ensure protection of the resources;
• Property mapped as state;designated Important Farmland unless a protective easement is
provided; and
• Lands within 300 feet,of are urban service area for a city or unincorporated community,
except that RE combining;zone may be,applied'•to public facility, industrial, and
commercially zoned pro perties regardless of location within or outside of urban service
areas.
The originally proposed amendments;indicated that some commercial facilities such as
commercial solar facilities'would be allowed as a permitted use-in=the RE combining district,
whil e.others suchas commercial wind electrical general would be allowed with a conditional use
permit (Attachment 2„Section 26.60.030 and 26.60.040). Continued,dialogue'with County
Planners indicate this has been changed in the proposed amendmentssgoing before the Board of
Supervisor to require,aluse permit for all facilities in the RE Combining District.
Within the RE combining,disstrict there are development standards proposed that would further
regulate commercial renewable energy facilities. These development standards (Attachment 3,
Section 26.88) include aesthetics, biotic resources, historic and cultural resource, air safety,
farmland protection, and grading and access.
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DISCUSSION
In May 2013 the City eommentsfon a.pro,posed commercial solar facility on Frates
Road bordering the city's,Urban Growth Boundary and land designated in the Petaluma General
Plan as open space. City planning staff communicatediconcerns tothe County regarding conflict
with the City's'policies'to preserve the agricultural land surrounding the urban growth boundaries
of the City and negative aesthetic impacts to the existing,rural character at one of the city's
identified gateways. Public continent from nearby residential"neighbors further expressed
concert about the incompatibility of such.a commercial,solar facility close proximity to
residential uses. Because of timing,considerations, the facility on Frates Road did not move
forward. Nevertheless, City staff believes these same concerns exist with, and should be
addressed in the County Board of Supervisors''lconsideration of, the Ordinance that would amend
the County General Plan and Zoning related to++renewable energy. City staff requested the
County Board defer its consideration of:the proposed changes until the Petaluma City Council
could discuss and commentoithe changes. The Board continued-its consideration of the matter
until its August 6, 2013 meeting.
Attachment 4 includes two maps, the first of which identifies existing zoning adjacent to the City
of Petaluma. This graphic clearly identifies a concentration.of LEA and DA lands surrounding
Petaluma. The second,map more clearly illustrates those lands.surrounding the Petaluma Urban
Growth Boundary that are zoned LEA and do not include Williamson Act contracts or
identification as important farmlands or scenic "resources. These are the properties most likely to
see future development proposals for commercial renewable energy facilities under the proposed
county amendments that are being proposed As illustrated, most of this property is located
along the southern edge of the urban growth boundaries. Several gateways identified in the
City's plans and areas of residentially designated property within the city border these areas, and
Could be potentially impacted by any such futu"re development.
The County has proposed a package ofamendments to facilitate renewable energy facilities and
provide consideration of the plethora:of issues rangingfrom maintaining important farmland to
protecting biotic resources. These efforts are laudable, and worthy of the City's support.
Despite the value of these efforts, criteria do not appear to exist that would protect impacts to
Petaluma's scenic/rural gateways or ensure adequate separation from residentially designated
property at the limits of the city boundaries and/or urban growth boundaries, and that appears to
be a serious oversight. Although newly proposed language from County Staff would require a
use permit for all commercial facilities in the RE zoning distict,original-codeamendment did not
offer a discretionary=review=process to refer such items to.ihe'City for comment when adjacent to
Petaluma's Urban Growth Boundary. This is an important process improvement that staff
believes is important for the Board of Supervisor to,consider.
The following represents.areas of concern that staff recommends be specifically addressed in
comments directed to the County:
1. Agricultural lands have"significant value outside of their actual agricultural yield in that
they provide rural character and scenic open spacethat'Petaluma has identified in
adopted General Plan policies.
2. If the County is to adopt an,ordihanoe that would create a Renewable Energy (RE)
combining district encompassing areas,adjacent'to the City's urban growth boundary,
designation criteria for conditional uses should protect the City's gateways, urban
separators, and important view corridors.
3. Designation criteria should also protect adjacent and nearby neighborhoods from the
visual, noise, dust, and other related impacts of such development.
4. It also appears appropriate to restrict or;otherwise modify permitted uses within the
Combining District to provide for discretionary review, thereby allowing the item to be
referred to the City for comment, if such a use is adjacent to the.City's Urban Growth
Boundary.
The Council may wish to support, or amend, this set oflrecommendations. Based on the
Council's discussion and directions'at your July j15, 2013 meeting, staff will prepare and submit
correspondence on the Council's behalf for consideration at the Board of Supervisor's August 6,
2013 meeting.
FINANCIAL IMPACT
There has been no financial impact calculated in association with the recommended action.
ATTACHMENTS
1. PRMD Staff Report, May 7, 2013
2. Draft Sonoma County'Ordinance Section 26.60 (RE Combining District)
3. Draft.Sonoma,County Ordinance Section 26.88
4. Illustrative Maps -
ATTACHMENT 1
Si' COUNTY OF SOMOMA
PERMIT AND RESOURCE MANAGEMENT.DEPARTMENT
2550 Ventura Avenue Santa Rosa CA 95403 -
(707)5'65-1900 FAX(707)'56551103.
c4LIFOaN
DATE: May 7, 2013 at 2:10 p.m.
TO: Board of Supervisors
- — -- -- - - FROM: - JaneRiley, Project Planner
SUBJECT: Hearing;to consider General Plan Amendment.and Zoning Code changes for
Renewable Energy; ORD11-0005; Countywide;'Supervisorial Districts: All.
Action Requested of the Board of Supervisors:
The Board is requested to conduct a public hearing (mite proposed changes to enable renewable.
energy and consider the Negative.Declaration and Planning Commission recommendation. At the
conclusion of the hearing the Board rnayadoptthe Negative Declaration and approve the General Plan
Amendment to the Open'Space and Resource Conservation Element and adopt the Ordinance as
recommended by staff-and the Planning Commission.
Prior Actions:
The Planning Commission held a series of five public workshops and hearings on October 4th,
December 6th and December 13th of 2012 and February 14th and April 4th of 2013, on the County's
proposed General Plan.Artendment and'Zoning Code changes for renewable'energy. At the
conclusion of their April 4th;meeting,;the Planning Commission adopted"Resolution No 13-006, on a 5-
0 vote, recommending that the Board of Superyisors adopt the code changes for renewable energy and
' the related General Plan Text Amendment.
Project Description:
The proposed policy and bode changes for renewable energy'are'intended to accomplish two primary
goals:
1. Remove constraints and encourage the development of distributed renewable energy systems
to serve on-site uses; and,
2. Provide:expanded,'opportunities'for the development of commercial renewable energy facilities
to serve off,=site uses.
The proposed policy and code changes define renewable energy projects in two'categories:
1. Accessory renewable energy systems which provide energy primarily for the on-site use up to
125% of the on-site energy demand. (Solar rooftops are exempt from the 125% threshold);and
2. Commercial:renewable-energy facilities designed to serve off-site uses.
Accessory systems are proposed to be allowed as;apermitted use("by-right'') subject to certain
standards in order to encourage the installation'of distributed energy,systems throughout the county.
The changes to allow vatiousaypes Of accessary renewable energy systems-as a permitted use will
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May 7, 2013
File No. ORD11-0.005
Page 2
apply to all zones throughout the county, excluding the Coastal-Zone (which will be updated with the
Local Coastal Plan currently underway).
Commercial facilities are proposed to be allowed with a use permit up to,certain size thresholds in most
zoning districts subject to General Development and Special Use Standards for the type of facility. The
type of permit review is tailored to thescale of the project in relation to the parcel size. The changes to
allow commercial renewable energy facilities as a conditional use are proposed to apply both to
industrial and heavy commercial areas; and to agricultural and resource zones.
ACTIONS OF THE PLANNING COMMISSION
As noted above, the Planning Commission adopted Resolution,No. 13-006 on a 5-0 vote,
recommending thatthe Board of Supervisors adopt the policy and code changes to enable renewable
energy. The Planning,Commission held five public workshops/hearings during which a variety of issues
were discussed. Consensus was reached on most of the issues outlined in the original Staff Report
materials, and summarized below:
i General Plan Amendment: The Planning Commission'recommendedthat;General Plan Open Space
and Resource Conservation Policy OSRC-15d be amended to provide distinctions between commercial
and accessory renewable energy uses as defined above-and to allow co mmercial energy facilities on
some agricultural and resoulde:lands, (excluding designated.Important Farmlands, Scenic and Biotic
Resource areas) in addition to the commercial:and industrial areas currently allowed.
An exception to Policy AR-4a..is also recommended,on some;"agricultural lands to allow renewable
energy facilities as a primary use.on marginally productive agricultural lands (not mapped as Important
Farmlands) so long as surrounding agricultural land uses are not compromised.
Allowed Land Uses and Permit Requirements: The-Planning'Commission voted to allow accessory
systems of all types asa pe'rniitted use(requiring only'a planning clearance) in all zoning districts
I subject to General Development and Special Use Standards. The Planning Commission.also
' recommended that accessory systems be allowed to generate more energy (up to 125% of on-site
demand), and to allow roof mounted systems to be-exempt from that threshold size limit for permitted
use.
Specifc'protectionsrfor farmlands, scenic and biotic resource'areas,incorporated into theGeneral
Development and Special use Standards. Commercial facilities are proposed to be allowed at certain
size thresholds;with a minor use permit(hearing waiver) and with a conditional use permit if those
thresholds are exceeded. Refer to the Land Use Table attached as Ordinance Exhibit C.
General Development€Standards:-General Development Standards are recommended:that apply+to.all
.
renewable energy systemsiand facilities. Special Use Standards for different types of renewableienergy
facilities are also recommended for Solar and Bioenergy Renewable.Energy Facilitiest,i(Standards;for
Wind Systems are already included in the code and are reformatted );The General Development
Standards for commercial facilities require sales and use tax agreements for any major renewable
energy projects and decommissioning,plans as a part 'of the Use iPermit. Financial,assurances to
guarantee removal of abandoned facilities areto be considered,on a case-by-case basis.
Bioenergy: The Planning Commission'voted to allow accessory bioenergysystems as a permitted use.
("by right") where feedstocks are generated and the energy is used,on-site,'but to require a Conditional
May 7,2013
File No. ORD11-0005
Page 3
7� r _ Use Permit for commercial projects that
import 4feedstocks or export products in the
agncultural, resource and heavy
commercial and industrial zones. A•r f°, minimum 200-foot-setback to residential is
required.
asz I Solar: 'The Planning Commission voted to
w _ allow,commercial solar facilities with permit
a,e thresholds established at appropriate scale
'tea in all zones except for the urban residential
(R1, R2 and R3) and Land Intensive
, Ia i Agriculture (LIA) zone. To streamline
,r - ITS W%v^Y>Mfr
� Permitting, commercial solar facilities are
permitted:in,public facilities, most
Figure 1 - Solar Panels at Justice'Genter commercial and all industrial zones with a
Zoning Permit and with a Minor.Use Permit
(i e. hearing-waiver) for facilities comprising
less than 15% of a parcel:up to,5 acres in the Commercial Office (CO)and Neighborhood.Commercial
(C1) zones, as well as'in,the;Agricultural and Resource zones (LEA, DA, RRD, and TP) and on sites
over 10 acres in the Rural Residential (RR) or Agricultural and Residential (AR) zones.
Commercial facilities exceeding those permit thresholds are:allowedwith a;conditional use permit for
1 projects comprising up to 30-% of a parcel or 50 acres in the LEA andRRD zones, excluding lands
mapped as Important'Farmlands or designated Scenic and Biotic Resource areas. Larger projects
could be permitted and further streanilinedwith the Renewable Energycombining.zone described
, below. Commercial facilities on lands under Williamson Act contracts are limited to 15%of the parcel
or 5 acres consistent with the Uniform Rules for Agricultural Preserves adopted by the Board in 2011.
Wind:The Planning Commission voted to keep the County's,existing Small Wind:Energy Ordinance,
but to reformat to follow the new Development Code format and incorporate into the Land Use Tables
(see Issue#4).
Renewable Energy (RE) Combining District The Commission recommended that the Board adopt;the'
RE'Combining Zone Text(attached as Ordinance Exhibit Ay for future use It can,be applied oriya case
by-case basis for specific projects when the designation criteria are.met and environmental review nas
been performed or the County may undertake an initiative to designate certain areas..
Parking: The;Commission'recommends reducing parking requirements in exchange for the provision,of
bicycle=and pedestrian amenities countywide, but voted to make:the provision of showers and changing
facilities for major employers near Class 1 bike;`paths recommended and encouraged/rather than
required as originally recommended by staff. The provision of these amenities will encourage.alternate
modes of transportation and;rbsultin reduced vehicle emissions and greenhouse gasses.
Density Bonus The Commission agreed to tie the density bonus forrenewable..energy to.affordability
by allowing g" y."bonuses under the existing density bonus programs..A bonus of up
b allowin the `'stackin of densit
to-50% (combined) would be available for affordable housing projects that provide atleast30%of:the
unitswith renewable energy capable of offsetting at least 70% of electrical need, or result in equivalent
energy savings to.tenante. This-change to the density bonus;program, along with the reduced parking
May 7,2013
File No. ORD11-0005
Page 4
requirements, will encourage-solar roofs and the provision of solar panels over required parking areas
in multi-family projects.
Environmental Review: The Planning Commission determinedthat,the Negative Declaration was
appropriate and adequateforthe policy and zoning code;changes-for renewable.energy. All
• applications for commercial renewable energy facilities will require a Use Permit (some will also require
other approvals), and,as'such, each will be analyzed on a case-by-case basis through the CEQA
• ' process to determine the potential for impacts.
ISSUES•DISCUSSED AT THE PLANNING COMMISSION`HEARINGS
The issues that generated significantdiscussidn at the Planning Commission hearings are reviewed
below:
Issue #1: Solar Energy Facilities on Land;Intensive Agriculture Lands (LIA)
The one issue on which the),Planning'Commission did not reach a 5-0 vote was that-of allowing
commercial solar energy facilities on Land Intensive Agriculture,,(LIA) zoned lands. The Commission's
vote was split 3-2 on the motion to support staffs recommendation not to allow commercial solar
facilities on LIA zoned lands, unless a General:Plan Amendment to•another land use designation is
approved. Accessory solar systems and rooftop solarofany size•would still be allowed by right in the
LIA zone. The minority opinion was to allow commercial solar facilities in the.LIA only with the
, w 4 41.t k � - % Renewable Energy combining zone rather than requiring a
I> f �, 3 r`' �l General Plan Amendment.
N44'''rn The major concern is`that the County's LIA lands are
); 4,4,, t found on the rich, fertile valley floors of the.Dry Creek
°nti`c Valley, Alexander Valley, Sonoma Valley and Knights
Valley, as well as smaller areas within the Russian River
. ;'trt ' �'� ; iss„ and Carneros regions. The 1s` and 4`" Supervisorial
a „ & ,o 'u 411� Districts contain,the most LIA lands. Within the Sonoma
R ta.6 County General Plan, the LIA use designation is used
_
to identify) enhance and protect-these high-value
� �` . �°*-n farmlands. Within this designationo,tne soil type and climate
� support relatively high production per acre of land; more
„�€ 1'c r ' prime Class 1 and Class 2 soils are found within the LIA
W°° I �` than in all other zoning'districts. Most of the LIA lands
Figure 2 - Map of LIA Lands
are also mapped,bythe State Department of Conservation as Important Farmlands, including Prime
Farmlands, Farmlands of Statewide Importance and Unique Farmland which are protected under
CEQA.
Important Farmlands, however, and are.not exclusive to the LIA District,'and,some of the lands with LIA
zoning are not mapped as Important Farmlands. Of the total 70,330 acres•with LIA zoning
approximately 80 percent (over 55,000 acres) are either mapped as Important Farmlands or are
protected by Williamson Act contracts or are Class 1 or 2 soils Staff estimates that only 10 to 20
percent of the LIA lands may;meet the siting criteria for commercial solar facilities. While there are a
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May 7, 2013
File No. ORD11-0005
Page 5
variety of LIA lands that are notclassified as Important Farmlands, these lands are typically either
within flood areas along the river valleys, or part-of theluplands that?form the scenic backdrop.for
Important Farmlands and notlikelyto be suitable for commercial renewable energy facility
development. Staff felt thatlisting commercial Solar facilities as,potentially allowed within LIA-
designated lands would be inconsistent with'the General Plan,:misleading to prospective applicants,
and problematic to administer.,
Testimony from some agricultural interests urged the'Commission to treat the LIA lands the same as
the other agricultural districts'Whidh includes protections for linportantFarmlandsand Scenic and Biotic
Resource areas. Other agricultural and environmental interests urged the Commission to be more
cautious and protect the LIA zoned,lands, not only for their agricultural value, but also for their
important scenic and biotic resources, The Planning Commission struggled with the level of permitting
that would be needed for b mmercial solar facilities and reviewed`several example sites located on LIA
lands. The Planning Commission ultimately decided that if sites are suitable for commercial solar
facilities they should not be designated'.LIA.
Resolution
The Planning Commission;determined on a split 3=2 vote that landswithin the LIA zoning district should
not be able to develop as commercial solar facilities unless they receive a General Plan Amendment
and Rezone to another more appropriate designation, such as`LEA or RRD. Such an action would be
subject to a thorough analysis under CEQA. Accessory solar systems to power 125%of on-site uses -
I including both residential uses and permitted agricultural uses such as wineries -would still be allowed
within the LIA, along with solar-facilities on rooftops without limitation.
Policy Options.
I '
1. Adopt the Planning Commission's'recommendation.
2. Allow commercial solar facilities only with a rezone to the Renewable Energy (RE) Combining
Zone (allows up to 100 percent of the site to be,renewable facilities). The Rezone to add the RE
would be subject to Board of-Supervisors approval following a Planning Commission
recommendation and full CEQA review; but the project would not require:a,General Plan
Amendment.
3. Allow commercial:solar facilities in the;,LIA with',a use;permit, subject to the same permitting
thresholds and General Development.and Special Use Standards as the other agricultural
zoning districts. Projects.would require!CEQA review and standards exclude Important
Farmlands and Scenic:and'Biotic.Resource areas.
,
Issue#2: Solar Energy Facilities on LandExtensive Agriculture Lands (LEA)
It is generallyagreed at the State level that commercial solar power generation facilities should be
encouraged:to develop on the more marginally productive lands where:environmental impacts can be
mitigated, and in proximity to,existing or planned transmission lines. Less than 20% of Land Extensive
Agriculture:,(LEA) lands are mapped as Important Farmlands, with the majority being haylands and
grazing lands. These lands are likely to experience the most pressure for commercial solar facilities, as
they are generally level and located along transmission and distribution lines: The Farm Bureau has
opined that these marginally productive lands are the most suitablefor commercial solar energy
I -, - /
May 7, 2013
File No. ORD11-0005'
Page 6 •
production facilities, so long as any potential
I��s� �,� �,., environmental impacts can'be mitigated through the
xs e k' a CEQA process (see correspondence from the state and
a 41t u local Farm Bureau, attached). The Farm,Bureau was
�` t agreeable to'a limit of 30% of site area/50 acre maximum
_'- _ within-the,LEA•so long asthemapped Important
- � -" ° rg".i Farmlands are,protected.
Ts a Resolution
W. �`.i ' t .ww.-f loll R 1
t4. � �.°�,� � � ,^ I'"�.,. 4i Followingconsiderable-input the local agricultural and
'~� ' LT, > „ j , environmental communities and the State and local Farm
' *° _ v'a . ll Bureaus, the Planning Commission determined that
........ k '4i commercial renewable energy production facilities on LEA
14 iL„ E lands should be limited to 30% of the site area or 50 acres,
u" ate -1-r whichever is,less, unless;a,rezone to the RE Combining
Figure a- Map of LEA Lands District is 'approved. Important Farmlands mapped as
Prime, Statewide or Unique-would be excluded. The Land
Use Table (Table 1:Allowed Uses and Pemiit Requirements, attached as.Ordinance Exhibit C) shows
the proposed thresholds for permitting. The Special Use Standards for solar facilities attached as
Ordinance Exhibit•F excludes areas-mapped as Important Farmlands'or designated as Scenic or Biotic
Resources. Accessory systems•to power 125% of on-site uses, as well as unlimited solar rooftops,
would still be allowed as permitted,uses.
Issue #3: Commercial Solar Facilities on Resource and Rural Development Lands (RRD)
� : � � �t The Planning Commission also struggled with the level of
' °i >, * ll i .6 permitting that should be required to allow commercial
i
t i'-p solar facilities on,lands zoned Resource and Rural
' - ".'. ' 1 Development (RRD). These lands comprise the
r 3; 4 predominant land area within unincorporated Sonoma
'� r -Tt, Err °'1 County— 395,310 acres. In general, these areas have high'Ili
„ ,„✓vim �t5y &'' ' ` 4' sensitivity to potential environmental impacts due to
-., erg, .. . a ` steeper slopes, high fire hazards, restricted;access,
�„ ° tis '', 'i'r
�: greater distance;to services and/or a'•higher potential for
r� � t -��"%' i. " biotic resources Additionally RRD lands form the scenic
. �. i xle backdrop for much of the County The Commission
6” ' 71 M 5 expressed concern that allowing evelopment of
rr,b° x '* +
-j,,,, ta � '^ commercial solar facilities within RRD areas subject only
V. .* 4° , 73 k ` to the granting of a Use Permit may result in unintended
,1 ,4` consequences, including the.potential for impacts to visual
.ua b`'
and biotic resources.
Figure 4 - Map of RRD'Lands
Resolution
. After an evaluation,ofadditional data, the Cornmission,voted 5-0 to allow.commercial.solar facilities on
RRD lands, with permitting thresholds the same as the LEA,but-excluding lands designated as Scenic
or Biotic.Resources or Important Farmlands. They determined:that small commercial facilities of no
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May 7,.2013
File No. ORD11-0005
Page 7
more than 15% of the:site.area uplto a maximum of 5 acres sh"ould,be allowed with a Minor Use Permit
(hearing waiver), and facilities of up to+30% of the site area up to a maximum of 50 acres could be.
, allowed with a Conditional Use Permit: Large projects (Amore than 50,acres or30% of the site area
• could not be permitted unless a Rezone to add.theRE1Combining District were.accomplished. The
Land Use Table (Table 1:Allowed Uses;and Permit Requirements, attached as Ordinance Exhibit C)
' shows the proposed thresholds for permitting, and the Development Standards exclude Scenic and
. Biotic Resources for'commercial solar facilities; Accessory systems to power 125% of on-site uses, as
well as unlimited solar rooftops, would still be allowed permitted uses.
I Policy Options.
1. Adopt the,Planning%Commission's recommendation.
2. Allow commercial solar facilities only with a rezone to add the RE Renewable Energy
Combining Zone.
3. Allow commercial solar-facilities only with a conditional use permit without streamlined
permitting thresholds.
4. Allow commercial'solarfacilities to a more limited extent.(e.g. limited to 15% of site area up to 5
acres).
Issue#4: Wind Energy
One issue discussed'at several'.of the Planning Commission's publicthearings was concern about
adopting any changes to the existing regulations for wind energythat'may:trigger new:state
requirements. As noted in the'October 2012 Planning Commission'Staff Report, the existing Small
Wind Energy Systems Ordinance adopted in 2002 is exempt from the'new, less,restrictive standards of
the 2010 State law; which•would allow wind tower heights of'up to'100,;feet by-right on parcels larger
than 5 acres Towers are;currently limited to 40feet>on;parcels less than 1 acre; 65 feet on parcels 1 to
5 acres; and 80 feet on,parcels:5 acres or more Staffs original recommendation did not propose to
substantially amend:theexisting Ordinance, but did include'a`new•provision to require a bird and bat
study for tower heights,greater;than:40-feet as requested by the Audubon Society. Some new
definitions;had,also been proposed to be added to the definitionsisection offthe'County Code, but are
no longer'included in order to^maintain consistency with the 2002 Ordinance..
Resolution
The Planning Commissiomagreed on a 5 10 vote that no substantive changes should be made to the
Small Wind'Energy Ordinance at this time with the exception of renumbering, reformatting,,and removal
of the application,requirements which,will be placed in;an application submittal handout consistent'with
County practices--tor other discretionary permits. The requested requirement for a bird and bat study
would not be codified;-fbut:itwould be included in the application submittal handouts for discretionary
permits. Any potential:substantive changes to the existing wind energyprovisions or definitions
established`under the 2002 Ordinance should be delayed until the matter can be,reviewed as a part of
the Development Code Update. The Land Use Table attached as Ordinance Exhibit shows the
existing thresholds for permitting noted above:
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May 7,2013
File'No. ORD11-0005
Page.8
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REQUESTED:ACTIONS
I Staff requests that the Board"of Supervisors:
1. Hold a public hearing;
•
2. Review the Negative Declaration and the recommendations:of the Planning Commission;
3. Approve the Resolution adopting a.Negative Declaration and amending the Open Space
Element of the Sonoma County General Plan; and
4. Approve the Ordinance adopting regulations for renewal energy through additions and
amendments To Chapter 26 of the Sonoma County Zoning Code:
List of Attachments:
EXHIBIT A: Draft Board of Supervisors.Resolution•for"Amendment of OSRC-15d
EXHIBIT B: Draft Ordinance with Attachments A,H as follows!.
Ord Att A.RE Combining Zone
Ord Att B'Parking Regualtions
Ord Att C"Renewable Energy Use Table
Ord Aft D Systems and Facilities General Standards
Ord Aft E'Bioenergy Facilities Special,Use Standards.
Ord Att F'Solar Energy'Special Use Standards
Ord Att G Wind_.Energy Special Use.Standards.
Ord Att,H Density Bonus for Renewable Energy Systems
EXHIBIT C: Planning"Commission Resolution No 13-06'06
EXHIBIT D: Planning Commission Staff Reports dated 2114/13 and 4/4/13
EXHIBIT E: Planning Commission Minutes dated 10/4/12, 12/6/12, 12/13/12, 2/14/13, and 4/4/13
EXHIBIT F: Negative Declaration
' On File with the Clerk: Original Planning Commission Staff Report Binder from 10/4/2012
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ATTACHMENT 2
Articlei60. RE Renewabte,Energy,Combining Zone
26.60.005' Purpose.
To identify, designate and protect areas suitable for the development of large scale renewable
energy facilities based on the.availability of renewable•resources„the location of existing or
• proposed infrastructure, and the potential for renewable:energy'facilities to be appropriately
sited and to effectively mitigate_potential significant impacts.
' 26.60.010 Applicability.
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The RE combihing zone may be applied onlyiwithin the following base zones:
LEA (Land Extensive;Agriculture)
DA (Diverse Agriculture)
RRD (Resources and Rural Development)
TP (Tinter Production)
C3 (General Commercial)
M2 (Heavy Industrial)
PF (Public:Facilities)
The uses allowed and standard s required in the RE combining zone shall be in addition to those
of the base zone.
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26.60.020 Criteria for designation.
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The RE combining zone may be applied only to propertymeeting all of the following designation
criteria:
A. The RE combining zone may not be combined with the Land Intensive Agriculture Zone
(LIA).
B. The RE combining zone may not be combined with any residential zone including R1, R2,
R3, RR, AR`or PC, nor may it be applied within 300 feet of these.zones.
C. The RE combining zone shalfnot?beplaced on any property under Williamson-Act contract
or within an,open space or conservation easement unless renewable energy power
generationfacilities.are>specifically.allowed under the Agricultural Preserve or OpenSpace
'District Rules, contract•and/oreasement,
D. The RE combining zone shall not be placed within the approach zone (outer or inner safety
zones)ar the inner turning'zones for any public use airport.
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E. The.RE,confining zone shall exclude•areasT within"the General;Plan„Area Plan;or Specific
Plan.designated'as Biotic,. Historic or Scenic Resources including the Biotic Resource•(BR) ,
Scenic Resources.(SR), or Historic District(HD) combining zones;;unless.a protective
easement is provided to ensure protection,of the resources. The RE:Combining Zone shall
also excludeareaspapped,as state designated Important Farmland unless aiprotective
easement is placed:over these farmlands.
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52.03 PRMD Eneigy Ord ORDI 1-0005_Ex B Att A.doci
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F. An:RE.eonibining zone shall not-be applie&within 300 feet of an urban service area for a
city.or unincorporated:community, except that it combining zone may be;appliedto public
facility; industrial,.and commercially zoned properties regardless of location'within or outside
of urban service areas.
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26:60.030 Permitted uses.
All uses allowed as permitted;uses,by the underlyingprimary zone with which the RE combining
zone is combined shall be permitted`,in the RE combining zone in compliance with the provisions
and standards of the primary zone.
In addition to the uses allowed by the;underl ing primary zone,,thefollowing r enewable energy
facilities shallbeallowed.as a,permitted
use subject to a zoning permit and the site planning
and developmentstandards ofSection 26.88.200.
A. Exploratory wells for eitherlow temperature or steam geothermal development.
B. Wind anemometers.
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C. Accessory bioenergy and related:cogeneration facilities using:off-site feedstocks for on-site
energy deniands,'subject to the standards:of Section.26.88.202;
D. Commercial low temperature geothermal facilities for heat and power,subject to the
standards of Sectiom26=83:204
E. Commercial solar photovoltaic facilities, subject to the standards of Section 26.88.206;
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F. Accessory wind eledthddeneration facilities on parcelsover 5 acres with towers not
exceeding 100 feet, subject to the standards in Section 26-88-208:
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G. Cogeneration and similar technologies resulting in a net reduction in carbon output.
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26.60.040 Uses permitted with'a;ute permit.
In addition to the!uses permitted with a_use permit by the underlying;base;zone, the following
renewable energy facilities may be permitted subject to granting of a,use permit and compliance
with the site planning and development standards of Section:26:88.200, unless otherwise
exempted'•by-state orfederal°law.
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A. Commercial bioenergy production,facilities and related cogeneration facilities,:subject to the
,standardsin,Section 26:88:202;
B. Steam geothermal or solar thermal electric power facilities less than 50 MW-,;subject to the
standards in°Sedtion 26 88:'204;
C. Commercial'wind'electric'generation facilities, subject to the standards in Section 26.88:208;
D. Transmission lines; pipelines, substations•and similar facilities'associated with;a;renewable
energy facility;,
E. Other hybnd.oremerging renewable energy technologies which in the opinion of the director
are',of,a:similar'and compatible nature to tli'ose use's deacribed.in this section.
52:03:PRMD Energy Ord iORDI I-0005_Ex B Att A.doc
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ATTACHMENT 3
26.88.200'; • Renewable.'EnergySystemsand Facilities General Standards
A. Accessory Renewable Energy Systems'The following site planning and
development standards;shall apply to accessory'renewable energy'systems, defined as
those designed to supply a'total.of not more than 125%of the calculated energy
demand for all legally established on-site uses. Accessory renewable energy systems
include attached wind,systems,and those not exceeding forty (40);feet:in height solar
photovoltaic systems; low-temperature geothermal heating systems;.geothermal heat
pump systems; and bioenergy systems (and associated,cogeneration facilities)where
the feedstock is also produced on-site. Accessory systems do not'include systems
designed or used primarily yto supply off-site energy needs, but may include rooftop-only
systems participating.in[a Community Choice Aggr'egate(CCA)feed-in tariff program.
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1. SitePlanning,and Development Standards
a. Biotic;Resources. Accessory renewable energy systems shall not be
sited within designated sensitive biotic,resource;areas as designated in the
GeneralPlan;.Zoning or.Area Plan including wetlands, streams, threatened or
endangered species habitat areas+and/or habitat connectivity corridors.
b. Scenic Resources: Accessory renewable,energysystems located
within scenic areas as designated in the General Plan, Zoning or Area Plan shall
require administrative desig"nreview as.set.forth.in 26:82.050(Design Review).
Systems shall be sited behind natural topography or vegetation when feasible.
c. Farmland:Protection. In the agricultural zoning districts; an accessory
renewable energy system:shall be,sited to'minimizekanyloss of Important
Farmlands,.andiShall meet the requirements of General:Plan Policy AR-4a. A
Right to Farm declaration and an agricultural impact easement limiting the
liability of farmers'on;non-agricultural uses shall be recorded. If the system is
located on a site under a Land Conservation Act (Williamson Act) contract, the
system must servecan"agricultural or compatible use listed in the Uniform Rules
for the Land Conservation.Act Program.
d. Fire Protection. An accessory renewable-energy-system shall meet
Chapter 13-of the-Sonoma County Code (the Fire Safety Ordinance). For roof-
mounted solar systems this includes 3 feet clear at roof edges, valley and hips,
unless`waived in writing by the Fire Marshal.
e. Grading and Access. Accessory`renewable energy systems:shall'be
sited to maintaih haturalgrades and shall use existing roads foraccess.
Grading and/or construction of new roads shall be allowed only.where.
necessary to provide the system in proximity to the energy-use or-transmission
andidistribution•system, and that an alternate location on the subject site is less
suitable for enJironmental or visual reasons.
f. ; Noise. Renewable energy systems shall,nottexceed the General Plan
NoiseStandards Table NE-2, measures at the nearest property line.
g. i Cessation of Use The operator shall remove components of the facility
when itbecomes functionally obsolete or is no longer ih use, and shall begin
52.06 Energy Ord ORD11-0005_Ex B AttD..doc
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reciamation,and removal.of all equipment, structures,.footings/foundations,
signs;fencing; and access roads within ninety(90) days from the date the facility
ceases operation, and'complete reclamation withinsix(6) months.
B. Commercial;Renewable Energy'Facilities. The following site planning and
general development•Standards:apply to all commercial (non-accessory) renewable
energy facilities which provide energy for off-site use„unless otherwise exempt, in
addition to!.the applicable special use standards for the specific type of facility:
• 1. Siting Criteria..
a. k Aesthetics. Renewable energy facilities:shall be sited to minimize view
• impacts from public roads and adjacent residential areas; and shall require
administrative design review as set forth in 26:82;050 (Design Review):
Proposed facilities located within Scenic or Historic Resource combining zones
shall also require designreview of materials, colors, landscape, fencing and
lighting plans. Any lighting shall be fully shielded, downward casting and not
wash out onto structures, other properties or the night sky. The operator shall
maintain the facility; including all required landscaping,in compliance with the
approved'design plans.
b. Air Safety. Renewable energy facilities shall not be boated within the
approach zone (outer or inner safety zones) or the inner.turning zones for any
public use airport, Renewable energy facilitiesshall be sited and operated to
avoid hazards to air navigation; sites,located within a public use airport traffic
zone will be'required to provide an analysis;;documenting compliance with'this
standard. The owner/operator of a-facility approved'within a public airport's
traffic zohe shall,be.required to record an avigation easement and may be
required to mark or light the facility for air traffic safety. The operator shall notify
theFAA and California:Division of Aeronautics of any structures in an airport
traffic zone that are;more than 200 feetabove•the ground elevation or that
exceed airport imaginary surfaces&as defined in Federal Aviation Regulations
Part 77. If located on airport lands;the facility mustmeet:the building setback
approved on the Airport Layout Plan.
c. , Biotic Resources: 'Renewable energy facilities;shall be sited to avoid or
minimize impacts to sensitive biotic habitats including woodlands, wetlands,
streams; and habitat'connectivity corridors,as identified in the General,Plan,
Area Plan, Specific Plan or Biotic Resource combining.zone. Projects located
within or adjacent to these areas will require a biotic studyat the;tirne of use
permit application`to.demonstrate;that thetacility,:avoids sensitive species to the
maximum extent feasible and provides,adequate mitigation of potential impacts.
d. r Cultural and:Historic Resources. Renewable energy,facilities shall be
sited to avoid or mitigate:impacts to significant cultural and.historic resources:
Projects'located within a Historic District shall beisubject to review by the
Landmarks.Commission, unless otherwise,exempt. Projects.invol4ing grading
more-than 18-inches in depth may:;require a cultural resources survey at the
time;of use permit application.
52.06 Energy:Ord ORDI i-0005Ex B Att D.doc
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e. 3 Farniland Protection. Wherera commercial renewable energy facility is
sitedwithin an,Agricultural,Zone, the primary use of the parcel;shall remain in
agriculture.;pursuant t&General Plan Policy AR-4a. A Right to Farm Declaration
and Agricultural Use Easement shall be recorded'to minimize conflicts with
Agricultural
A renewable energy facility shall,not take mapped
Important Farmlands out of agricultural production by removing permanent
crops.
If the facility is located on a site under a Land Conservation Act (Williamson Act)
contract, the,facility°must be listed,as:an agricultural or compatible use in the
Agricultural Preserve Rules,and allowed by the type of contract. The total site
area for all compatible uses`'including renewable.energy facilities shall not be
greater than 15 percent.of the parcel or 5 acres, wnicheveris less, unless
determined bythe-Board of Supervisors that a larger site area is consistent with
thejprinciples of compatibility.
f. Proximity torUtility Transmission Lines and;Utility Notification. For
renewable energyifacilities interconnectedito tranStnisSiort lines greaterthan
60, the location of new transmission lines, poles, and utility sub-stations shall
be identified on the site plans. If high voltage (100kV) or private transmission
lines are proposed,they shall,be considered as part of the use permit process
for;the renewableenergyfacility. No building permit.for a renewable energy
facility shall be issueduntil 1) evidence hae'been provided to the department
• thatthe proposed interconnection is acceptable to the utility; 2)the.Planning
Corprnissionhas•reviewed'and'made a-recommendation regarding the proposed
transmission line route; and, 3)the California Public Utilities Commission has
approved the location of any,.new•utility-owned transmission'lines.
g. E Grading and Access. Renewable energy facilities shall be sited to
maintain natural grades and use existing roads for access-to the extent practical.
Construction of,newroads shall be avoided as much as possible. 'Following use
of temporary access roads, construction stagingareas, orfield`office:sites used
during construction, all natural grades•shall be restored and revegetated. The
operator shall-maintain an all-weather access
.road for maintenance and
emergency vehicles.
2. Development Standards.
a. Air Quality: During site preparation,.grading andconstruction, the
operator must implement best management practices to rninimize;dustand.wind
erosion including, regularly water reads and construction staging areas as
necessary. Paved roads shall`be•swept as•needed to rei iove any soil,that has
been:carriedlonto thein.from.the projectsite.
b. is Erosion and Sediment Control. The operator must have a stormwater
management'permit and an erosion and sediment control,plan approved prior to
beg'inhing grading or construction., The plan must includebest management
practices for erosion control`during'and,after construction and"permanent
drainage and erosion control measures-to°prevent damage to local roads or
adjacent areas,andto minimize sediment run-off into waterways.
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52.06 EncrgykOrd.ORD1 i-0005_Ex B Att D.doc
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c. Fire."Protection. Renewable energy facilities shall meet Chapter 13 of
the;Sonoma County Code.(the.Fire Safety Ordinance);The operator must
implement a Fire Prevention Plan for construction,and'ongoing operations
approved by the County-Fire Marshall and local fire:protection district. The plan
shall include, but not be limited to: emergency vehicle access and turn-around at
the facility site(s), addressing, vegetation management and fire break
maintenance:around all structures.
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d. I Noise. Renewable:energy facilities:shall be operated in compliance
with the General PIan.Noise StandardsTable NE-2.
e. '_ County Service Impacts/Sales;and Use Taxes. Prior to issuance of
anygrading or building.permit(s),.the owner/operator shall enter into an
agreement with-the-County, in a form approved by the County Counsel,
governing payment,of sales and use taxes. The owner/operator shall undertake
specified actions-in contracting for,construction of the facility sous to allocate
sales and use taxes paid in connection with the construction of the plant to the
County. The.owner/operator shall include language in its construction contracts
identifying the jobsite!as within the Countyand requiring its construction
contractors'to allocate sales and use taxes to the County, to the extent provided
bylaw in itsBoard Of Equalization-filings and permits:
f . Securityand Fencing. The site area for a renewable energy facility
must be fenced to'prevent,unauthorized access and provide adequate signage.
Wildlife friendly fencing-shall be used in rural areas. If needed, security lighting
shall be motion sensor-ed. Access gates and equipment,cabinets must be
locked at all tithes:
Signs. Temporary sins describing the project, and providing contact
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information for the contractor and operator,shall be placed during construction
and must be removed prior.to`final ihspection„and'operation. 'Signs-for public or
employee safety,are required. No:more than two.sigrs relating the address and
name of the:operator/facility may be placed on-site, subject to administrative
design review Outdoor displays, billboards or advertising signs,of any kind
either on- or off-site are prohibitedAunless approved as.a part of the use permit.
h. t Decommissioning. A decommissioning Plan shall be required as part of
anyiiuse permit fora renewable energy facility and must include the following:
1. i Removal titan aboveground and underground equipment structures not
identified re-use, fencing and;foundations to a depth of three feet
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u; belowgrade. Underground a ui ment,;structures-and foundations
located at least three feet below grade that do not constitute a:hazard'or
° interfere with the use of the land do not need to be'removed.
2. Removal of graveled areas and access roads and placement of topsoil:
3 Restoration.otthe surfacegrade and placement of topsoil-after removal
I of all structures and equipment including grading', revegetation and
erosion control plans to return the site to an appropriate end use.
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4. t Revegetatioh of disturbed,areas`,with natiWe•.seed mixes;arid plant
species•suitable;to,the area Documentation ofa;three (3)year
i- malntenance'agreement for all revegetated areas must be submitted
prior to the reclamation being considered complete:
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5. tj The timeframe for completion of removal and reclamation activities.
6. An engineer'scostestimate for all aspects of the reclamation plan.
7. :-' An agreement signed by the owner and operator that they take full
responsibility for`'decommissioning'and reclaimingthe-site.in accordance
with the Decomissioning Plan and Use Permitapproval upon cessation
of use.
The facility operator is required to notify the department immediately upon
termination or.cessation of use or abandonment of the operation. The operator
shall remove components of the facility,when it becomes functionally:Obsolete or
is no longer in use. The operator shall begin reclamation and removal of all
equipment,,struct_ures, footings/foundations, signs, fencing, and access roads
within ninety (90)daysfrom the date:the facility ceases operation, and complete
restoration within one (1)year.
i. Financial Assurance. Financial assurance may be required for large
scale renewable energy facilities. At the time:of'issuance:of the permit for the
construction of the facility,the operator shall provide financial'assurance in a
form and amount acceptable to the Department to secure'the expense:of
decommissioning', dismantling and removing'all equipment,:structures;,fencing,
and reclaiming the site and associated•access or distribution.lines/pipes in
compliance with the approved reclamationtplan.
j. Abandonment. A renewable energy facility that ceases to produce
electricity and/or useful heat and/or renewable fuel on a continuous basis for
twelve (12) months shall be•determined abandoned in compliance with the
following procedures. Facilities determined'by the County to be unsafe and
facilities erected'in violation of thissection shall also be considered abandoned
and shall be subject to code enforcement action.
1. t The determination of abandonment shall_be made by:the'code
enforcement officer or his/her designee. The code enforcement officer or
any other'employee•of the Departrrient shall have the rightito'request
documentation'and/or affidavits from the'facility'owner/Operator
regarding the use of the facility, and shall make a determination as to the
!r date of'abandonment_or the date on which!other violation(s) occurred.
1 The code enforcement officer's decision is appealable pursuant to
Section 1-7:3 (b) of the Sonoma County Code:
2. [ Upon a determination of abandonment or other violation(s), the County
Shall:send.a notice to the owner•and.operater, indicating thatthe
responsible partyshall remove the facility and all associated structures,
and begin reclamation of the site to its approximate-original condition
,s within ninety (90) days of notice by the County,'unless the County
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52.66 Energh'Ord ORDE 1-0005—Ex B Att D.doc '1
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determineslhat the facilities must be removed in;a shorter period to
protect public,safety,or an,alternative',to resolving.the violation is agreed
upon. All reclarriation.work;shallbe;conpleted within one (1) year.
3. ` In the•everifthat the responsible parties,have+failed to remove and/or
restore the facility site{or otherwise resolve the;violation(s) within the
specified'time period, and ihe'appeals have been exhausted,.the County
nay use the financial security to remove'the facility and restore the site.
The County May thereafter initiate judicial proceedings or take any other
steps authorized by law against the•responsible parties to recover costs
associated with the removal of structures determined to be a public
hazard.
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52:06.Encrgy'[Ord ORDI I=0005_Ex B AU D.doc
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26.88.202 - BICENERGY FACILITIES SPECIAL.USE STANDARDS
A. Purposet This/section establishes the minirnum:standards for biofuel production facilities
includingiethanol ,biodiesel and,biogas, and related power generation and cogeneration
facilities involving biofuels where allowed by the base zone district. Bioenergy refers to
power produced from various types`of biofuels. Biofuels, commonly referred to as
alternative fuels, are defined as fuels produced from any biomass material derived from
plants, animals and:organicWaste streams.
B. Applicability. These standards apply to all bioenergy facilities as allowed by the base
zoning district in Table 1 Section 26-88-200.
C. Limitations on Uses.,Commercial biofuel and bidenergyfacilities are allowed as a
compatible use on agricultural lands under Land Conservation Act(Williamson Act) in areas
that are not state designated prime statewide of unique farmland.
D. Accessory Biofuel Production.
Biofuel production, bioenergy and cogeneration facilities serving up to 125 percent of the
on-site energy demand for a legally established use are permitted as an accessory use
when feeiistocks are produced on-site, subject to the;standards of subsection E. Where
feedstocks are imported from another non-adjacent site a.use permit shall be required.
E. Development Standards. The following standards shall apply to bioenergy production and
cogeneration facilities; in addition to the General Development standards of Section
26.88.200 Renewable Energy Facilities.
1. Setbacks. Biofuel and bioenergy facilities shall comply with all setbacks of the
underlying zone district, except;thaton parcels adjacent to a;residential zone,or
residential use, biofuel production facilities shall maintaima:minimum setback of 200
feet from the residential use or zone district. Greater setbacks may be established for
large facilities.
2. Storage. The.biofuel production facility shall,include:sufficient storage for both raw
materials and fuel. On-site storage shall also be provided for all additional products
resulting from biofuel production, unless those additional,products are used,on-site
through land application; livestock consumption„or similar as a part of the approved
zoning/use permit.
3. Regulatory Compliance. Buildings,i,facilities, and equipmentiused in the production
and/or storage:of biofuels shall comply with all,local, State, and Federal laws.'The_
owner or'operator of.the biofuel production facilityshall provide Sonoma County PRMD
with proof'thatiall necessaryapprovals had been obtained from State:and'Federal
agencies involved in permitting any of the following aspects of'.biofuel production;
a. Air pollution emissions;
b. Transportation of'biofuel, or additional products resulting from biofuel production;
c. Use orreuse of additional products resulting from biofuel production;
d. Storage'of raw materials, fuel, arid additional products used in, or resulting from,
biofuel production..
52.07 PRMD Energy,Ord 0011-0005_Ex B Mt E.doc
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26.88.206 Solar Efiergyfacilitiesr Special Use Standards
A. Purpos . This section:establishesminimum developmentand operational standards for
solar energy'facilities ; where allowed'by the be zone or the Renewable Energy (RE)
combining zone. The,intent of these standards,is topromote;and facilitate the:siting and
permitting of solar electric (photovoltaic) systems"and'facilities'.in a manner that
minimizes adverse environmental impacts.
B. Applicability. These standards applyto all solar energy facilities not otherwise
exempted.
C. Exempt facilities.Theapecial use standards set forth in this section shall not apply to
the following exemptsystems:
1. Solar hot water systems designed as an accessoryuse to serve a legally established
useiof the property;'..
2. Solar photovoltaic:systems,that are accessory and relatedrto a legally established
use'on the site; and which meet any one of the following:
a. Roof-mounted-and,located.on a legallyestablished building,containing the
primary allowed'use on,the<site, acid/orbs legally established accessory
structure(s):containing use(s) allowed as accessory to the primary use where the
installations meet_fire safe standards foraccess along the roof peak and eaves.
b. In commercial or industrial areas, accessory solar'systemsaffixed to shade
structures located over required parking areas, in accordance with Parking
Standards.
c. around mounted solar photovoltaic systems_designed to provide no more than
125% of the estimated energy demand on-site, subject to building permit with
zoning clearance,and'.meeting all of the following health and,safetystandards:
Not exceeding 15Lfeet.in height, unless demonstrated bya structural
engineer to meetpublic safety standards;
ii. For residential installations,,-the system design capacity does not exceed8k1N
} except where valid documentation of higher energy need',for Legal uses on
s the installation:site is provided for zoning clearance;
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The installation cor iplies with'required yard;setbacks and lot
coverage limitations of the underlying zone.district, unless.demonstrated'.that
the;installation:does not impair sight'distanc&for safe.access,to or from the
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propertyor other properties'in the vicinity as determined by zoning clearance;
i4s The;system installation meets fire safe standards and provisions for
emergency access, and defensible space around the::system,components are
r provided;
v. The system is'notlocated over a septic system:'or leachfield area or.identified
I reserve area,and,is not located in a floodway as designated by FEMA; and,
52.08 PRMD Eder'yOM ORD11-0005_Ex B Att F.doc
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vi. Does not otherwise;create a.fire'or other safety hazard as determined by the
t Fire Marshal•and`Building Official.
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3. Solar photovoltai •systems and facilities owned by the+County or other local agency
as definedin Government Code.Section 53090 or the California Public Utility Code
Section 12808.5.
D. Minor Commercial;Solar Facilities (Incidental to a Primary Use)
The following special use standards apply to all minor solar electric (PV) systems and
facilities';designed taprovide energy for on- andioff-site use, that are incidental to the
primaryiuse.of the property. 'These standards apply in addition'to the general site
planning and development standards of Section 26.88200.
1. Parcel Coverages .Minor,commercial solar facilities•shall cover less than 15% of the
pardel:and no7more'than-5acres.. The area covered by panels shall be the lesser of
50%of the maxiiiium.lot!,coverage allowed,by the zone, or if applicable, 50% of the
allowable building envelope asidesignated on a final map. Facilities mounted on the
roof(s) of legal, permitted•structuresthatotherwise comply with lot coverage
maximums are exempt from these limitations.
2. Minimum setbacks. The facility shall meet the minimum;front yard setbacks for
primary structures=of-the zone. In urban.service areas,'the facility.shall meet fire.
safe,standards and,provisions for emergencyaccessand defensible space around
the facility;are required.
3. Heidht1Limits..,Facilities mounted on a.structure,may exceed the height limit of the
zone by no morethan'2':feet.. Ground:-mounted.facilities shall not exceed 15-feet in
height.
4. Incompatible Locations. Ground mounted facilities shall not be located in the
following areas:
a. over aseptic systemor leachfield area or identifiedreserve area
b. in a.floodwayas designated by,`FEMA
c. in•a designated sensitive habitat or biotic resource area as•identifled,in an.
adopted General Plan, Area Plan, Specific Plan or the California'Natural Diversity
Database.
.d inian'approach.zone (inner or Outer safety zones)or the inner turning zone of a
public use:airport.
5. .Pe rforma n ce'sta ndards: •
.a Glare: Concentrated reflections or glare shall not be directed atoccupied
• tructures, recreation areas, roads, highways orairportflightlanding or takeoff
areas..
52.08;PRMD Energy Ord,ORDII=0005_Ex B Au F.doc
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b Farmland Protection. If the facility is located within'ornear an agricultural area
the owner/operator shall sign:and'record a Right to Farm.declaration and may be
?equired to file:an agricultural easement:
E. Commercial Solar Facilities
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'The following special'Use standards apply to all solar.electric,(PV)facilities that are
developed as a primary use of the property as allowed by the underlying zone, in
addition to the general site planning and development standards of Section 26.88.200.
1. Minimum?setbacks. The facility shall meet the minimum front yard setbacks for
primary structures/of.the zone. In;urban service areas, the facility shall meet fire
safestandards and access.for emergency vehicles shall be provided along the
periphery of the;facility.
2. Heidht Limits. Facilities mounted on a'structuremayexceed'the height limit of the
zone byuptto 2=feet. Ground.?niounted.facilitiesshall not exceed 15-feet in height
unless otherwiseallowed by use permit.
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3. Undergroundinq'Electrical Electrical distribution lines on,the project;site shall be
underground up to the low voltage side of the'step,;up transformer, to the point of on-
site,'use or to the;utility,interface point of an on-site substation. This provision may
be waived•by'tlieldecision=making body if the'undergrbunding is determined to be an
undue burden.
4. Glare Effects'. Concentrated reflections or glare shall not be directed,at,occupied
structures,recreation'areas; roads; highways or airport flight landing or takeoff areas.
A detailed analysis ofpotential glare effects maybe required+atthe`time of
application, and the applicant:may be required to minimize glare effects by installing
vegetative screens:or berms, and/or by adjusting solar collector position or operation
to minimize glare,
5. Farmland Protections. In addition to the Right to Farm and Agricultural Use
Easement requirements set forth in 26.88:200.81 e (Farmland Protection), the site
area.used'forthe installation of a commercial solar facility:shall exclude mapped
Important Farmlands, and a protective easement may be required over these lands.
6. Scenic and BioticfResource.Protections. Ground^mounted commercial solar facilities
shall not be locatedin'the following areas:
a over aseptic system or leachfield area or identified reservearea;
b. 'ifafloodwayas designated by'FEMA;
c within a Scenic Resource (SR)or Biotic.Resource (BR) Combining.Zone, nor
within�a sensitive habitat or biotic resource area as identified in an adopted
General'Plan, Area Plan, Specific Plan, or the California'Natural Diversity
Database;
I,
d. ih an approach'zone (inner or outer safety zones) or the inner turning zone of a
public use airport,
it
52.08 PRMD Energy Ord ORD I:I-0005_Ex"B Att F.doe
f
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26.88.208 ' WIND ENERGY'SPECIAL USESTANDARDS
' l
A: Purpose. This section establishes standards for the siting end,operation of wind
energy systems and facilities. This section is intended:to implement the requirements of
Government Code sectiom65892.13, while protecting.thescenic and natural resources
of the county and the health, safety and welfare of'its residents to;the extent permitted
by law.
B. Applicability: These standards applyto all wind energysystems and facilities
as allowed by the base zoning district as shown in'Table'1 subject to the General
Development standards for Renewable Energy Facilities'in Section 26.88.200.
1. Exempt Accessory Wind.Energy Systems. In,any.zoning district, accessory wind
enei'gy systems that are attached to a wall; roof or structural member of a legally
established built exempt from the development standards set forth herein,
subject to the height and setback restrictions of the underlying zoning district.
C. Limitations on:Location and Use. Wind energy systems and facilities shall not
be located ona site that is:
1. Wittiin,a scenic corridor identified by the open space.element,of the General
Plan;
2. Within a special studies zone established in compliance With the Alquist=Priolo
Earthquake Fault Zoning Act;
3. Subject to a conservation easemerit'established in compliance with Civil Code
Section'815 et,seq., that prohibits wind energy'systems or facilities;
4. Subject toantopenspace easement established in compliance with Government
Code Section 51070 et seq., that prohibits wind energy systems or facilities;
5. Subject to an-agricultural conservation easementestablished'in compliance with
GovernmenLCode Section 10200 et seq., that prohibits wind energy systems or
facilities;,
6. Subject toe Williamson Act"contract established in compliance with Government
Code.Section 51200 et seq., that prohibits small wind energy systems or
facilities; or
7. Listed:in the National Register of Historic Places, or the California Register of
Historic Resources, in compliance with Public Resources Code Sectiom5024.1,
or contains'astructure that is so listed.
D: 'DevelopmentStandards. The following standards:shall apply to wind energy
systems and facilities in;addition to-the General Development Standards for Renewable
Energy+set forthin 26.88,200, unless otherwise exempt:
1. Thegystem's tower shall be set back a minimum distance equal to the height of
the tewei from-all parcel lines, and`a minimum distance of ten (10')feet from any
is
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52 09 PRMD Energy Ord.ORDt1-0005_Bx B Att G.doc
other structure on the parcel on which the system is located' On parcels of ten
(10)aacres or more the,parcel lineIsetback may,�be'reduced if the applicant
demonstrates:that:'
(i) Because of topography, strict adherence to the setback requirement
would resultin greater visibility of the system's tower than a reduced
setback, and
(ii) The system's-tower is setback a minimum di-Stance equal to the height of
the tower from any structure on adjoining parcels;
2. The system's tower'and.supporting structures shall,comply with any applicable
fire setback requirements in the fire safe-standards(Chapter 13, Article•V of this
code);
3. Thesystem'sitower shall,not exceed a maximum height of forty (40') feet on a
parcel of less than`one (1) acre, a maximum of sixty-five,(651) feet-on a parcel of
one;(1)to lessahan five (5) acres, and maximum height-of eighty (80') feet on a
parcel`of five (5 :acres or more, unless a use permit:is,obtained;
o-
4. Thesystem's.tower shall be set back from and not project above the top of any
visually prominentridgeline;
(
5. Thesystem's tower shall not significantly,impair a scenic vista from a county-
designated or'state-designated scenic corridor;
6. Thejsystem's+towershall be located and screened by landforms, natural
vegetation or other means to minimize visual;impacts on neighboring residences
and-public roads, public trails and other public areas;
7. The_system's,towerand;supporting structures shall be painted a single„neutral,
non=reflective, non-glossy (forexaniple;,earth-tories, gray,,black)that to-the
extent possible,visually'blends thesystem with the surrounding natural and built
environments:
8. The;system's;turbine!;shall be approved by the California Energy,Commission as
qualifying"under'the Emerging Renewables-Fund of the commission's
Renewables Investment Plan or certified by a national programfecognized and
approved by the,conimission;
9. The:system shall be.designed and constructed in compliance with the Uniform
Building Code and National Electric Code.,The safety of the:design.and
construction shall be certified by a California-licensed mechanical,structural or
civil engineer;.
e .
10. The system shall`comply with all applicable Federal Aviation Administration
requlremehts, including.Subpart:B,(commehbing with Section 77.11)of Part 77 of
Title'14;of'the Code of Federal Regulations regarding installations close to
airports;=and the State Aeronautics;Act(Part 1 (commencing with Section 21001)
of,Division 9 of the Public Utilities Code);
52.09 PRMD Energy Ord ORDI 1-0005_Ex B Att G.doc
I 17
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11. Thesystem shall be equipped,with manual.and;automati'cover speed controls.
Theconformance of rotor`and over speed control;design and fabrication to good
engineering practices shallr;be certified by.a'california-licensed mechanical,
structural or civilrengineer;
12. The'system's tower:climbing apparatus and blade-tips shall be no closer than
fifteen (15') feet from ground level unless th_e,system is enclosed by a six (6')-foot
• high fence;
13. The'system's utility lines shall be underground where economically practical;
14. Where vegetation is removed'in the construction of the:system or an access road
to the system, landscaping.shall be planted to minimize"visual impacts,'avoid
erosion and maintain stability of soils;
15. Thejsystem shall be:operated such thatno;electro-magnetic interference is
caused;
16. No more than;one•(.1)accessory system:shall be allowed on a parcel;
17. Decibel levels generated by the system shall not exceed the maximum noise.
levels applied pursuant to the noise element of the general plan, except during
short-term events"including utility outages and severe,wind storms;
18. Brand names ofadvertising associated with the systemsotthe}system's
installation,shall not be visible from any public place;
19. Signs warning of high voltage electricity:shall be posted on stationary portions of
the system stower`and,any supporting structures,and`at gated entry'points'to
the site at height of five+(5')feet above'the.ground;
20. Upon abandonment terrriination of the system's use, the entire facility,
including the system's tower;.;turbine; supporting structures and all equipment,
shall:be removed and the site shall be restored to its pre-construction condition
or other authorized use.
, r
52.09 PRMD 'Energy Ord ORDI I-0005 Ex B Mt G.doc
7
Density Bdnus for Renewable Energy Systems
• 26-89-050:D. Countysupplemental.density bonus-program.
1. In addition to the incentives provided by Section,26.89.060(Affordable Housing
lncentives)ia residential project of five or more base units shall be eligible fora density
bonus of up to 50 percentiabove,the!,maximum density permitted by the General Plan
and Zoning:Ordinance:if the project provides,a total of:
a. 10 percent o(more of the base units for extremely low-income
households; or
• b. 20 percent:or more of the base units for,very low income households; or
c. 30,percent!,or"more.of the base units for low-income senior households; or
d. r 30 percent?or more of the baseunits for low-income households, with 10
percent or more of those base units provided as fully accessible units for low-
income disatled.households; or
e. a 30 percent'or more of the base units for lowsincome.households, with 10
percent or more of those base units provided as large rental units with three or
more bedrooms for low income households;or
f. j 40 percent or more of the base units for low-income households or
q. f Astate°density:bonus;program-qualifying project for..very-low,orlow-
income household&thatratso provides 33•percent,or.:more,ofthe total project
units as poweredbvon-site renewable.;energy systems capabletofgeneratinq at
least 70% of the projected electricalenem_y_ dernandofthe units or results in
equivalent reduction-'in rutility costs..
•
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52.10=PRMD Energy Ord'ORD11-0005_Ex'B.Att H.doc
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