15.86 Power Generation Facilities 15.86.010 Purpose 15.86.020 Definitions 15.86.030…

This purpose of this chapter is to facilitate the construction, installation and operation of power generation facilities in Glenn County in conformance with Section 15.01.020 of this Title. (Ord. 1256 § 2, 2016) 15.86.020 Definitions

As used in this Chapter:

1. “Practicable” shall mean available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes. 2. “Uses Allowed” means one of the following:

   1. Accessory Use – a power generation facility designed to serve on-site needs or a use that is related to the Primary Use of the property.

   2. Direct Use – a power generation facility designed and installed to provide on-site energy demand for any legally established use of the property.

   3. Primary Use – a power generation facility that uses over 50% of a lot and is devoted to power generation for offsite use.

   4. Secondary Use – a power generation facility that is not the Primary Use of the property and occupies less than 50% of the lot area. This type of use would be considered conjunctive. (Ord. 1256 § 2, 2016)

The following standards have been established to facilitate the location of power generation facilities delineating the permitting necessary for each different class identified. All other standards set forth by this Title remain applicable.

1. Permits Required The table below shows the permit required for the different types of power generation facilities allowed under this Chapter. This table should be used in conjunction with the subparagraphs that follow in this section to identify permitting requirements. In all cases, there may be additional permits required by other governmental agencies other than the County and it is the permit applicant’s responsibility to comply with said permits. Evidence of compliance may be required for permit issuance.

2. Permitted Uses (P) Direct Use power generation facilities may require the application for a Site Plan review depending on the requirements of the individual zoning district. Also, ground mounted facilities are subject to the lot coverage standards of each zoning district which may not allow for ½ an acre of lot coverage. Facilities that generate noise, dust, heat, or glare may not meet established performance standards which will require an applicant to secure a conditional use permit.

3. Administrative Permit (ADM) See Chapter 15.18

4. Site Plan Review (SPR) See Chapter 15.13.

5. Conditional Use Permit (CUP) Secondary Use and Primary Use power generation facilities shall require an applicant to first secure a conditional use permit in accordance with Chapter 15.220 and the applicable zoning district. Issuance of said permit is subject to the following:

   1. Secondary Uses on Agriculture (AE and FA) zoning districts and Williamson Act contracted land shall be subject to California Government Code, Section 51238.1.

   2. Proposed power generation projects in Agriculture zoning districts and Williamson Act contracted lands, as defined in Section 15.86.030(A), shall be subject to the following requirements:

6. Land designated as Prime Farmland, Farmland of Statewide Importance and Unique Farmland under the most recent California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program (FMMP) shall be avoided. When a proposed power generation use includes these lands as designated under the FMMP in Agriculture zoning districts or Williamson Act contracted lands specified under Section 15.86.030(A), mitigation shall be required to secure replacement land of equal or greater farming potential at a ratio of 1:1. Said mitigation may be accomplished on the same lot.

   2. Proposals for Secondary Use facility shall clearly demonstrate that the power generation use is subordinate to, practicable, and compatible with the primary agricultural use.

   3. Williamson Act contracted lands may qualify for placement into a solar-use easement pursuant to California Government Code Section 51190 et seq. Any land owner who desires to take such action shall also secure a conditional use permit in addition to all other required procedures and permits.

7. Not Permitted (NP) Zoning districts where power generation activities of any level of the uses allowed where such activities are not compatible, are prohibited by law, impracticable, or are detrimental to uses permitted under a particular zoning district are not permitted. There are no conditions under which a power generation facility is allowed.

8. General Requirements

   1. All power generation uses shall be subject to the requirements of the zoning district in which they are located.

   2. All power generation uses allowed in an Agriculture or Williamson Act zoning district, as defined by Section 15.86.030(A), shall comply with Chapter 15.58 of this Title.

   3. For all off-site facilities where a power generation use is located on more than one Lot, there shall be a proper easement agreement or other approved method for notification of all impacted parties.

   4. When a power generation use will be located near a residence on an adjacent Lot, one of the following measures shall be used to preserve site aesthetics:

      1. A setback of at least 60 feet shall be required for solar panels, 150 feet for enclosed buildings, and 200 feet for wind turbines.

      2. Visual screening shall be installed for any power generation use located on or mounted to the ground to the maximum extent practicable. In all respects, the power generation use shall meet the requirements of Chapter 15.56 of this Title. Vegetative screens shall employ native species which are resistant to drought. (Ord. 1256 § 2, 2016)