ZC #2022-02: Public hearing to consider a recommendation to the Board of Supervisors on a Zoning Code Amendment to update the Zoning Regulations for Telecommunication Facilities, Solar Energy Systems and Energy Storage Systems (Sections 8-2.1102, 8-2.1104 and 8-2.1105 of the Yolo County Code of Ordinances). In compliance with the California Environmental Quality Act, an Addendum to the 2011 Negative Declaration for Solar Facilities has been prepared for the proposed Solar Energy Systems and Energy Storage Systems Ordinances and a Notice of Exemption has been prepared for the proposed amendments to the Wireless Telecommunication Facilities Ordinance. Applicant: Yolo County Planning Division; Planner: SCormier

FILE # ZC2022-02: Proposed Zoning Code Amendment to Sections 8-2.1102, 8-2.1104 and 8-2.1105 of the Yolo County Code of Ordinances related to telecommunication facilities, solar energy and energy storage systems
APPLICANT: Yolo County	OWNER: N/A
LOCATION: Countywide GENERAL PLAN: All land use designations ZONING: All zones SUPERVISORIAL DISTRICT: All	SOILS: various WILLIAMSON ACT: N/A FLOOD ZONE: N/A FIRE SEVERITY ZONE: N/A
ENVIRONMENTAL DETERMINATION: Addendum to Negative Declaration and common sense exemption

That the Planning Commission:

1. Hold a public hearing and accept public comments on the proposed Zoning Code Amendment to Sections 8-2.1102 Wireless Telecommunication Facilities, 8-2.1104 Small and Medium Solar Energy Systems and 8-2.1105 Large and Very Large Solar Energy Systems of the Yolo County Code of Ordinances (summarized in Att. A); and

2. Consider a recommendation to the Yolo County Board of Supervisors to:

A. Hold a public hearing and accept public comments on the proposed Zoning Code Amendment related to telecommunication facilities, solar energy systems, and energy storage systems;

B. Approve the Resolution to adopt the Addendum to the 2011 Negative Declaration for the proposed Solar Energy Systems and Energy Storage Systems Ordinances and CEQA Exemption for the amendments to the Wireless Telecommunication Systems Ordinance as the appropriate level of environmental documentation in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines (Att. B); and

C.Approve an Ordinance to adopt the Zoning Code Amendment to (i) update the Wireless Telecommunication Facilities Ordinance (County Code Section 8-2.1102) and (ii) enact the Solar Energy Systems Ordinance (County Code Section 8-2.1104) and Energy Storage Systems Ordinance (County Code Section 8-2.1105) (Att. C).

The purpose of this item is to consider updates to the zoning laws related to two topics: (i) an update to the Wireless Telecommunication Facilities Ordinance (County Code Section 8-2.1102), and (ii) enactment of two renewable energy ordinances: the Solar Energy Systems Ordinance (which will update and consolidate the existing solar regulations into County Code Section 8-2.1104) and the Energy Storage Systems Ordinance (which will be codified in County Code Section 8-2.1105).  Although these two topics are distinct, the code updates are being brought as a single item because both sets of regulations are found in the same Article in the County's Zoning Code (Article 11. Energy and Telecommunications Development Standards).

On September 8, 2022, the Planning Commission conducted a public workshop to review and accept comments on proposed changes to certain sections of the Zoning Regulations related to telecommunication facilities, solar energy systems, and energy storage systems.  Based on Planning Commission input and feedback from the public, Planning staff has prepared a revised set of changes to County Code Sections 8-2.1102, 8-2.1104, and 8-2.1105 for the Commission's consideration. Pending any further requested changes, staff is seeking a recommendation from the Planning Commission to the Board of Supervisors for adoption of the Zoning Code Amendment (Attachment A).

Staff has prepared a set of revised changes to Sections 8-2.1102 (Wireless Telecommunication Facilities), 8-2.1104 (proposed Solar Energy Systems), and 8-2.1105 (proposed Energy Storage Systems), which are briefly summarized below, and more fully summarized in Attachment A. 

Wireless Telecommunication Facilities Ordinance
Staff's original amendment included proposed changes to the height requirements for small and large cell towers, which would increase the height of a small tower from 80 feet up to 120 feet and allow for an administrative Site Plan Review.  Staff has removed that change from the proposed amendment at this time. The originally proposed setback requirement (equidistant to tower height) has also been removed. Instead, staff is proposing only minor changes to some of the standards to clarify permitting and application requirements, as well as to include provisions for reviewing non-substantial eligible facilities requests regulated under federal law. Staff believes the proposed changes to the Wireless Telecommunication Facilities Ordinance are minor in nature and do not constitute a significant change for the purposes of additional environmental review and a notice of exemption has been prepared for CEQA purposes. To view the proposed changes to the ordinance, please refer to Attachment A.

Proposed Solar Energy Systems Ordinance
The proposed consolidation of the solar energy systems ordinances includes additional changes based on feedback from the Commission and staff consultation with Jim Estep of Estep Environmental Consulting.  A clean copy with recent staff edits can be found in Attachment D. Attachment A includes the redlined version in its entirety. 

Staff's original amendment proposed that 'accessory solar energy systems' shall occupy no more than 10 acres of land so long as the system was ancillary to the primary uses of the property. Staff has revised the proposed amendment to define an accessory solar energy system as an ancillary system that occupies no more than 7.5 acres of land to ensure that larger systems, whether accessory or utility in nature, would have a greater level of planning review and to prevent unforeseen cumulative impacts. Additional measures have been proposed to encourage that utility solar energy systems consider integrating into the agricultural or natural landscape in such a way as to establish, maintain, and/or promote wildlife use of the site. Protections have also been added to prevent solar energy systems from encroaching into riparian corridors. Lastly, in an effort to remove confusion, references to the Yolo HCP/NCCP have been omitted because renewable energy systems, such as solar and wind, are not covered actions under the HCP/NCCP. Instead, specific measures to address potential loss have been identified in the event a solar energy system will remove sensitive habitat.

The following sections have been modified since the September 8th Planning Commission workshop:

8-2.1104(b) - Definitions: Accessory solar energy system now defined as occupying no more than 7.5 acres of land; medium-sized solar energy system defined as occupying more than 7.5 acres of land and up to 30 acres of land.

8-2.1104(d) - Administration and required approvals: minor modification to subsection (8) to remove provisions related to the Yolo HCP/NCCP and replace with requirements for managing solar uses with a grassland substrate; subsection (11) has been added to encourage easy restoration of the site once the use has ceased.

8-2.1104(g) - Development standards for accessory solar energy systems: subsection (6) has been modified to require a management plan that is designed with a vegetative substrate that would promote raptor use of the site; subsection (7) has been added to clarify systems greater than 2.5 acres cannot be located within riparian areas, i.e., must maintain a 100-foot buffer.

8-2.1104(h) - Development standards for medium-sized and large-scale solar energy systems: subsection (2) added to require integration with agricultural landscape by maintaining a vegetative substrate that supports wildlife use; subsection (3) added to preclude siting within riparian corridors.

8-2.1104(i) - Mitigation required: subsection (2) modified to remove reference to Yolo HCP/NCCP and require mitigation through land conservation, payment of in-lieu fee, or other in accordance with CDFW (solar and wind energy development are not covered actions under the HCP/NCCP).

Proposed Energy Storage Systems Ordinance
Table 8-2.1105- Allowed Energy Storage System Uses and Permit Requirements: Minor modification to increase the planning review for energy systems subject to Site Plan Review from 1 MW to 2 MW. No other significant changes have been made to the Energy Storage Systems Ordinance. 

Staff prepared an Addendum to the 2011 Solar Ordinance's Negative Declaration for the amendments to the Solar Energy System and Energy Storage System Ordinances.  The addendum will be included with the Negative Declaration as part of the Board's review or the proposed ordinances.

Staff respectfully requests that the Planning Commission approve the recommended action for the Board of Supervisor's consideration.  The proposed changes support numerous General Plan policies that seek to reduce dependence on fossil fuels, incorporate green building standards into project design, and preserve the agricultural and natural landscape through integrative site design. 

Staff consulted with Sol Smart, the Citizens Advisory Committees (CAC), the public (through a stakeholder distribution list of interested parties), Valley Clean Energy, and Estep Environmental Consulting.  The CAC comments were included in the staff report for the September 8th Planning Commission workshop (Attachment E).

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