The proposed project consists of a County-initiated General Plan Amendment (GPA) to update the Land Use and Conservation Elements of the Contra Costa County General Plan 2005-2020 and Ordinance Code Amendment (aka Zoning Text Amendment [ZTA]) to revise County Ordinance Code Chapters 84-54 and 84-58, to allow commercial/ distribution-scale solar energy generating facilities with approval of a land use permit (LUP) in the General Commercial, Light Industrial, and Heavy Industrial zoning districts.
Environmental Review
The proposed project consists of amendments to the County General Plan and Ordinance Code. Such amendments qualify as projects under CEQA and are therefore subject to environmental review. Staff determined that the proposed project would not have a significant impact on the environment for the following reasons:
a. In no way would the proposed General Plan and Ordinance Code Amendments grant an entitlement or approval or a development project with the potential to cause significant environmental impacts;
b. Development projects that may be pursued following adoption of the proposed General Plan and Ordinance Code Amendments would be subject to their own project-level CEQA review;
c. The proposed General Plan and Ordinance Code Amendments would not increase existing or planned densities, alter existing development patterns, or allow development to occur in areas where it is currently prohibited;
d. The proposed General Plan and Ordinance Code Amendments would not affect the physical environment in any reasonably foreseeable way.
Pursuant to CEQA Guidelines Section 15061(b)(3), the proposed project is exempt from CEQA because it can be seen with certainty that it would not have a significant effect on the environment.
Discussion
Pursuant to California Government Code Section 65850.5 and guidance provided in the California Solar Permitting Guidebook published by the Governor’s Office of Planning and Research, DCD staff routinely approves solar energy projects where the energy produced will be utilized on-site. Most of these projects have been residential rooftop solar arrays, but some have been located on commercial properties, including a one-megawatt project at the G3 sand quarry outside Byron.
The County continually receives inquiries from developers of commercial/distribution-scale solar energy facilities regarding the possibility of constructing such facilities in the unincorporated area. However, neither the General Plan nor zoning ordinance contains provisions for permitting “commercial” solar energy projects, where the energy produced will be sold to an off-site purchaser or consumer.
Increasing production of renewable energy within the county is a goal of the County's Climate Action Plan. In February, 2017 DCD applied to the Strategic Growth Council to receive a grant to study the county's potential for generating renewable energy from wind, solar, biomass, and biogas resources. The County was awarded a grant for approximately $49,000 in April 2017. The study will include an opportunities and constraints analysis for expanding renewable energy generation. This will include an evaluation of underutilized land that may lend itself to development of renewable energy and an analysis to determine where such development would impact agriculture, sensitive habitats, job-rich land uses, aesthetically-sensitive areas, transportation, and other land uses. Based on the results of the opportunities/constraints analysis, the County's consultant will suggest revisions to current land use policies and regulations to facilitate development of renewable energy resources. DCD expects to complete the study in the first half of 2018 and then seek Board direction to prepare comprehensive amendments to the General Plan and zoning code related to renewable energy. These amendments could be pursued in phases, enabling consideration by the County Planning Commission and Board of Supervisors of initial amendments in 2018.
On June 6, 2017, the Board of Supervisors adopted Ordinance No. 2017-13, implementing community choice aggregation[1] in the unincorporated area of the county by joining the Marin Energy Authority (also known as Marin Clean Energy [MCE]).
Joining MCE did not obligate the County to increase renewable energy production within its jurisdiction. However, an appealing aspect of MCE is it offers customers an energy choice that relies increasingly on renewable, particularly local renewable, energy sources. The County is in a position to support MCE by facilitating development of locally-produced renewable energy.
As an interim measure until the aforementioned comprehensive renewable energy amendments are brought before the Planning Commission and Board of Supervisors, staff has prepared draft amendments to the text of the General Plan and Ordinance Code that would allow commercial solar energy generating facilities in the General Commercial, Light Industrial, and Heavy Industrial zoning districts after issuance of a LUP and affirm the County’s support for the State’s efforts to fulfill the Renewable Portfolio Standard [2] (see Attachments 1 and 2, respectively). The proposed amendments do not allow for development of commercial solar energy projects in agricultural areas. Development of these projects in agricultural and rural areas is proposed to be addressed following completion of the renewable energy study.
This project would affect the areas shown on the map in Attachment 3. The project is limited to commercial and industrial areas because these areas already tend to be disturbed, often have high electrical demand, tend to be less environmentally sensitive, and in the case of industry, sometimes include buffer zones that lend themselves to development of solar energy generating facilities. By requiring LUPs, the County would retain its ability to modify or deny projects that might be incompatible with neighboring uses or conflict with long-term economic development goals for commercial and industrial areas.
Staff notes that the Land Use Element’s description of the Heavy Industry land use designation and Ordinance Code Chapter 84-62 – Heavy Industrial District both refer back to and incorporate their Light Industry/Light Industrial counterparts. For this reason, solar energy projects may be permitted in light and heavy industrial areas by amending only the Light Industry and Light Industrial portions of the General Plan and Ordinance Code, respectively.
Growth Management Program Review Process for General Plan Amendments
The Growth Management Program (GMP) was approved by Contra Costa County voters through adoption of Measure C-1988 and Measure J-2004. The GMP is designed to help the County, cities, and Contra Costa Transportation Authority plan for and accommodate the continued increases in population and jobs that are expected to occur through the year 2035. Incorporated into the GMP is a 16-step process for reviewing proposed GPAs. Step 1 requires a determination as to whether a proposed GPA would generate 500 or more net new peak hour vehicle trips and add 50 or more net new vehicle trips to any Route of Regional Significance. GPAs that do not generate the specified number of vehicle trips are exempt from the GMP review process.
The proposed GPA involves revising the text of the Land Use and Conservation Elements to state that commercial solar energy generating facilities are allowed in the Commercial, Light Industry, and Heavy Industry land use designations after issuance of a LUP. Such facilities are low-intensity land uses that employ few people and do not increase trip generation significantly. As the proposed GPA would not generate the requisite number of vehicle trips, it is exempt from the GMP review process.
[1] Community choice aggregation allows cities and counties to group individual customers’ purchasing power within a defined jurisdiction to buy energy. Community choice aggregators are legally defined as electric service providers.
[2] The State’s Renewable Portfolio Standard requires California utilities to obtain at least 33 percent of their electricity from renewable sources by 2020.
County Planning Commission Hearing
The County Planning Commission considered the proposed project at a hearing on November 8, 2017. No public testimony was given. One letter supporting the project was received prior to the hearing (Attachment 4). The Commission voted 7-0 to recommend that the Board of Supervisors find the project exempt from the requirements of CEQA and adopt the proposed amendments.