Policy discussion related to large-scale solar energy facilities locating on agricultural land and consideration of options for minimizing impacts to prime farmland. (No general fund impact) (Lindbo/Cormier) (Est. Time: 10 min)

Receive staff presentation on policy matters related to placing large-scale solar energy systems on agricultural land and consider options for minimizing impacts to prime farmland.

The Board of Supervisors has requested an opportunity to discuss the policy considerations involved in siting large-scale solar energy projects on prime farmland. The Planning Division has prepared this report to assist in the Board's discussion and staff stands ready to implement the Board's policy direction.

History of Solar Permitting in Yolo County
This report focuses on policy matters related to placing large-scale solar energy systems on agriculturally-designated land, and more particularly, on prime farmland, although some discussion regarding medium-sized solar uses is provided for historical reference. Yolo County has a long history of regulating solar projects in the unincorporated area of the County. For instance, in 1982 a Use Permit was issued to the United Energy Corporation for the installation of a photovoltaic facility near County Roads 29 and 102 on property owned by the City of Davis. Though solar energy development has been advancing since that time, discussions regarding solar development on agricultural land have been ongoing. 

In 2011, the Board of Supervisors took action on an appeal from the Planning Commission to approve a utility-scale solar energy generation project, approximately 18 acres in size, that would feed the distribution lines at the Putah Creek Substation, known as the Putah Creek Solar I facility. Although the facility wasn't permitted until 2013, the original application sparked the conversation that resulted in the drafting of the first set of regulations guiding the development of solar energy in unincorporated Yolo County.

The Small and Medium-Sized Solar Facilities Ordinance was originally adopted in September 2011. Subsequently, the Large and Very Large Solar Facilities Ordinance was approved in October 2011. After much deliberation and discussion regarding standards that would apply to large and very large solar energy systems, the ordinance, unlike its predecessor for small and medium-sized systems, did not include any detailed development standards, other than the requirement to comply with the County's Agricultural Conservation and Mitigation Ordinance. All large and very large solar energy proposals required approval from the Board of Supervisors upon a recommendation from the Planning Commission, which provided the Board an opportunity to consider a broad range of policy considerations, rather than being limited by factors specified in the ordinance.

Over the next several years following adoption in 2011, the solar ordinances were amended with minor modifications, including in 2020 to restrict utility-scale solar energy development in the Public and Open Space and Parks and Recreation Zones. In November 2022, the Board adopted a revised set of regulations that consolidated the permitting requirements and standards for solar development into one ordinance. On May 23, 2023, Planning staff provided a six-month update on the implementation of the revised and updated Solar Energy Systems Ordinance, effective December 2022 (see staff report and ordinance in Attachments A and B, respectively), which also included a status of solar applications permitted in the County.

Permitted Solar Energy Generation Systems
To date, nine accessory and/or medium-sized solar energy systems have been permitted by the County since the adoption of the original Solar Energy Systems Ordinances in 2011, ranging from approximately three to 19 acres of land. Of the nine permitted systems, seven serve onsite agricultural energy needs and two serve the utility grid. Three of the nine systems are located on prime farmland, including the Putah Creek Solar II utility facility occupying less than 19 acres, the Bayer Solar facility, occupying 10.8 acres of land, and Chickahominy Lands Accessory Solar facility occupying approximately 2.9 acres (Attachment C). Additionally, staff expect to receive a formal application submittal for an approximately 10-acre medium-sized utility solar energy project (identified as the Railroad Winters Clean Power Solar Project) in the near future. Attachment C includes information on the Pre-Application Review for the Railroad Winters Clean Power Solar Project. A reference to the Pre-Application Review is also included in the May 23rd staff report in Attachment A.

Applications received for large-scale solar include the 500-acre AKT solar project proposed in 2011, which was promptly withdrawn in 2012, and the 100+-acre proposed Gibson Solar Farm project that is tentatively scheduled to be heard by the Board of Supervisors on July 25th. There are no other large-scale solar energy applications pending.

Solar Uses on Agricultural Land

Given the County's notably strong protections regarding preserving and protecting farmland from conversion to non-agricultural uses, the May 23rd report also included a brief discussion on placing large-scale and/or utility solar energy systems on prime farmland, including on Williamson Act contracted land (refer to Attachment A). These protections present significant constraints for siting large-scale solar energy systems and result in a rigorous application and environmental review process for applicants. Though staff believe the chances of seeing a significant increase in requests for placing large-scale solar on prime farmland is minimal, the policy concerns are nonetheless key for highlighting the County's priorities to protect prime farmland while ensuring the County's climate action commitments are met.

The Board is aware that most solar energy developers seek to locate utility or large-scale solar energy generation facilities on flat ground, with little to no shade obstacles, in proximity to existing PG&E infrastructure, such as substations and/or high voltage transmission lines. There are six substations located in unincorporated Yolo County, all of which are located on or adjacent to prime farmland and primarily surrounded by lands enrolled in the Williamson Act (Attachment D). The Countywide General Plan defines prime farmland as land which has the best combination of physical and chemical soil characteristics, growing season, and moisture supply needed to sustain long-term, high-yield agricultural production and used for the production of irrigated crops.

The success of agriculture and celebration of Yolo County's strong agricultural heritage is one of the core values of the County. The Agriculture and Economic Development Element states that agriculture is the "economic and social engine for the County." Primary objectives in the Countywide General Plan include protecting farmland and farming practices through land use controls and retaining unique and distinct communities through the protection of agriculture, open space, and natural areas.

The County also places great value on responding to climate change, which, in turn, affects agriculture. More recently, the County has taken steps to further its commitment to climate action by adopting the Climate Emergency Declaration in 2020 to develop plans aimed at achieving a carbon negative footprint by 2030 (Resolution No. 20-114) and amending the Health and Safety Element to add a new section on Climate Adaptation and Resiliency with new policies that seek to minimize climate change impacts (Resolution No. 2023-013). The May 23rd staff report includes a section on 'Climate Sustainability' that looks to the development and use of renewable energy sources, such as solar, as critical in meeting the County's climate action and emission reduction goals. Restated here for discussion purposes, looking to the future, balancing food supply with increasing renewable energy production needs may require a slight shift in policy perspective to harmonize competing goals.

The General Plan contains numerous policies that both preserve prime farmland and encourage the development of alternative energy sources. Thus, County decision-makers are tasked with balancing such policies when considering renewable energy projects in relation to the historic commitment to conserve and protect farmland while encouraging the production of alternative energy and reduction of greenhouse gas emissions, as part of the County's commitment to a net-negative carbon future. Policies that advocate the importance of local renewable energy sources address future climate change, but may result in long-term loss of farmland. Conversely, preservation of quality agricultural soils is critical to the food supply and the County's heritage, but may prevent the development of renewable energy sources competing for the same land. 

The Solar Energy Systems Ordinance requires a Major Use Permit and environmental review for all large-scale or utility solar energy generation facilities, which gives the Planning Commission and Board of Supervisors considerable discretion to weigh these competing interests. Specific General Plan policies supporting renewable energy, climate adaptation, and agricultural preservation are included as Attachment E. 

In addition to General Plan and Zoning Regulation requirements, any non-agricultural project, such as a large-scale solar energy system, on Williamson Act contracted land must be 'compatible' with agriculture. Government Code Section 51238.1 of the Williamson Act provides the following principles of compatibility to guide an agency's decision on whether the project is compatible with agriculture:

Prior to approving a large-scale solar energy system on contracted land, the County would have to make findings that the project meets each of the three principles stated above, supported by substantial evidence, or make a decision to cancel the contract.

The Board of Supervisors has developed a strong and comprehensive regulatory scheme regarding solar use that has resulted in a limited number of solar projects while broadly protecting prime farmland. However, the Board may decide to take action to further limit the siting of large-scale solar projects to minimize or reduce impacts on prime farmland. Below are options for the Board's consideration:

Each of the above options would place additional limits or procedural requirements on large-scale solar projects. Even without adoption of these options, however, the Planning Commission and Board of Supervisors retain the power to reject any (or all) large-scale solar projects that come before their respective bodies through the conditional Use Permit process.

County Administrator's Office
Office of the County Counsel

Previous collaborations:
Agricultural Commissioner
Sustainability Manager
Industry Experts