Hold a public hearing to consider a recommendation by the Planning Commission to approve an ordinance to adopt 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, approve a resolution to adopt an Addendum to the 2011 Negative Declaration for Solar Facilities that 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. (No general fund impact) (Echiburu/Cormier) 

The proposed Zoning Code Amendment seeks to amend and/or replace certain sections of the Zoning Regulations related to Wireless Telecommunication Facilities (Yolo County Code Section 8-2.1102) and Solar Energy Systems (County Code Sections 8-2.1104 and 8-2.1105), and proposes to add new provisions for regulating Energy Storage Systems.  This proposed set of changes affects Article 11 (Energy and Telecommunication Development Standards) in Chapter 2 of Title 8, Yolo County Code of Ordinances.  Only minor changes are proposed to Section 8-2.1102 (Wireless Telecommunication Facilities); however, considerable changes are proposed to Sections 8-2.1104 and 8-2.1105, which are addressed below.

The Zoning Code Amendment has been proposed to: (i) facilitate expedited reviews, (ii) clarify application and project review requirements, (iii) identify new use types, (iv) streamline the permitting process for ancillary uses, (v) continue to protect agricultural and habitat resources, and (vi) clarify zoning requirements by simplifying text.  Each section includes updated definitions and a zoning table of allowed and permitted uses for ease of reference.  Attachment A provides a summary of proposed amendments and redlined versions of each modified section.  The exhibits in Attachment C contain clean copies of each updated and/or proposed new section.

Summary of Proposed Changes

Section 8-2.1102: Wireless Telecommunication Facilities
The proposed changes to the Wireless Telecommunication Facilities Ordinance (Section 8-2.1102) are relatively minor and do not introduce any significant changes to the permitting requirements or approval process. New definitions and standards have been added to this section to codify requirements mandated under federal statute [Title 47 Code of Federal Regulations Section 1.6100(b)(7)] that provide for an expedited review of non-substantial modifications, including co-locations, to existing permitted cell towers and base stations in compliance with the 2012 Spectrum Act [Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, U.S. Code, Title 47, Section 1455(a)].  These non-substantial changes are referred to as 'eligible facilities requests' involving only minor modifications for the co-location of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment. Refer to Section 8-2.1102(b) in Exhibit A of Attachment C to review details regarding substantial changes to permitted telecommunication facilities.

Other notable, but minor, changes to Section 8-2.1102 include increasing the tower height for a small wireless telecommunication facility from less than 80 feet to no greater than 80 feet and clarifying application requirements for a more thorough project review. Standards have been enhanced to ensure co-location opportunities are maximized before a new cell tower is proposed and to better address aesthetic values in scenic corridors.

Sections 8-2.1104: Small and Medium Solar Energy Systems and 8-2.1105: Large and Very Large Solar Energy Systems
The solar energy systems ordinances (8-2.1104 and 8-2.1105) have been consolidated into one section (8-2.1104) and the provisions significantly modified to highlight the distinction between onsite or ancillary serving solar energy uses (especially solar uses serving agricultural operations) and utility serving solar energy uses, i.e., those solar energy systems that feed the electrical grid for offsite consumption.

The updated and revised section identifies new solar use types, broadens the expedited review process for small solar energy systems, streamlines the permitting process for solar uses that are ancillary to the primary uses of a property, and continues to protect agricultural and habitat resources. Four new use types have been added or updated to assist the public with permitting requirements for the following:

Current regulations regard medium-sized solar energy systems serving onsite agricultural operations as 'agricultural uses' under the County's Agricultural Conservation and Mitigation Program Ordinance, thereby excluding such uses from agricultural mitigation requirements [County Code Section 8-2.404(b)].  Staff is not proposing to change these provisions with respect to the redefined medium-sized solar energy system use type.  Staff is proposing, however, that the size of a medium-sized solar energy system be increased from 2.5 acres to 7.5 acres to accommodate the proposed accessory solar energy system use type that supports ancillary/onsite serving uses.

Staff does not consider the aforementioned proposed changes to be in conflict with protections addressing agricultural resources. Likewise, new standards have been proposed to ensure that all accessory solar energy systems establish and maintain habitat value for wildlife use at a solar site; otherwise, the project would be subject to a higher level of review through the discretionary Use Permit process.  Similarly, utility systems are proposed to encourage integration with the agricultural and natural landscape setting, as feasible, but would still be subject to a discretionary Use Permit process and environmental review.

All accessory and utility solar energy systems would be prohibited from encroaching into riparian corridors, and any solar energy system that removes Swainson's hawk foraging habitat would be required to mitigate for the loss. Refer to Exhibit B in Attachment C to review the proposed development standards for accessory, medium-sized, and large-scale solar energy systems.

Section 8-2.1105: Energy Storage Systems
Staff is proposing to replace Section 8-2.1105 (Large and Very Large Solar Energy Systems) with a new ordinance for energy storage systems to foster potential future uses for additional renewable energy opportunities. It is more and more common for renewable energy projects, such as solar energy uses, to include battery storage as a component of the project. The proposed Energy Storage Systems Ordinance clarifies requirements for paired renewable energy systems and provides standards for standalone energy storage systems. 

Planning Commission
On September 8, 2022, the Planning Commission conducted a public workshop to review and accept comments on the staff proposed Zoning Code Amendment (reference Attachment D to review the 9.8.22 PC workshop staff report). The Planning Commission provided meaningful feedback and asked staff to consider a number of changes that were presented to the Commission during a public hearing held on October 13, 2022 (refer to Attachment D to review the 10/13/22 PC staff report).  After additional discussion and some minor requests for edits, the Commission voted unanimously (6-0-0 with one absence) to recommend approval of the proposed Zoning Code Amendment. The proposed amendment before the Board has been updated to present the Commission's recommendation. 

Discussion among the Commission during the public hearing included use of native vegetation from locally-sourced origins (refer to Exhibit B in Attachment C for language specific to native planting). Commissioner Reynolds, District 4, answered Commissioner's questions related to proposed requirements for native plantings to establish and maintain raptor use at solar sites (Attachment E).

The Commission also recommended removing any requirements that might hinder or prohibit development of small energy storage systems (i.e., small systems for home use) in Section 8-2.1105 and posed questions concerning parcel size requirements for cell tower heights in Section 8-2.1102 (note: staff is not proposing to change existing parcel sizes related to telecommunication facilities at this time).

Lastly, the Commission deliberated whether to limit or prohibit utility solar energy systems in the Primary Zone of the Delta.  This latter topic was prompted by public comment from Delta Protection Commission (DPC) staff who felt large-scale solar energy systems were not an appropriate or compatible use in the agricultural areas of the Primary Zone (see Attachment F). Given the lack of infrastructure (i.e., substation) to support utility-scale renewable energy systems in the Delta, the Commission declined to entertain the commenter's suggestion, but directed staff to bring the matter to the attention of the Board. 

Staff agrees with the Planning Commission that no changes would be necessary to the Solar Energy Systems Ordinance, since the discretionary review process would ensure that any utility/large-scale solar energy system proposed in the Primary Zone of the Delta meet the compatibility test under the DPC's Land Use and Resource Management Plan (LURMP), which is also a component of the Countywide General Plan. All development projects must be consistent with the County's General Plan and any components thereof.

Staff Recommendation
In summary, the Zoning Code Amendment has been proposed to consider an update to the Zoning Regulations related to two topics: (1) an update to the Wireless Telecommunication Facilities Ordinance (County Code Section 8-2.1102) and (2) to enact two renewable energy ordinances: the Solar Energy Systems Ordinance (that will update and consolidate the existing solar energy regulations into County Code Section 8-2.1104) and the Energy Storage Systems Ordinance (County Code Section 8-2.1105). The updates have been packaged into one Zoning Code Amendment for the Board's consideration. All three sections are found in Article 11 (Energy and Telecommunication Development Standards) in Chapter 2 (Zoning Regulations) of Title 8, Yolo County Code.

An Addendum to the 2011 Negative Declaration Solar Facilities Ordinance has been prepared for the amendments to the Solar Energy Systems and Energy Storage Systems Ordinances and a CEQA Exemption has been prepared for the minor changes to the Wireless Telecommunication Facilities Ordinances. Both CEQA documents are included in the CEQA Resolution in Attachment B for the Board's consideration.

Staff concurs with the Planning Commission's recommendation to adopt the Zoning Code Amendment, which supports 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.

Planning staff consulted with the following agencies, advisory committees, and County partners:

County Counsel has reviewed the proposed Zoning Code Amendment for legal considerations and approved the Resolution and Ordinance as to form.