§ 22.32

This Chapter provides standards to regulate and mitigate the potential adverse effects of various types of energy-generating facilities.

(2015, Ord. 3291)

22.32.020 - Applicability.

The land use permit requirements of this Chapter apply to the new construction of energy-generating facilities.

A.

Exemptions.

1.

Previously permitted projects. Energy-generating facilities approved prior to the effective date of this Section shall not be required to meet the requirements of this Chapter, except that physical modification or alteration to an existing energy-generating facility that materially alters the size, type, or electrical components of the facility which are directly engaged in the production of energy or storage of energy shall be subject to this Section. Only the modification or alteration shall be subject to this Section as follows:

a.

Staff determinations of substantial conformance with the original permit do not require the issuance of new permits.

b.

Routine operation, maintenance, or in-kind replacements do not require the issuance of new permits.

2.

Accessory renewable energy-generating facilities.

a.

An accessory renewable energy-generating facility (see definition in Chapter 22.80) that provides energy for on-site uses shall be subject to the permit requirements of this chapter only when the facility meets one or more of the criteria listed in Subsection b. If proposed accessory renewable energy-generating facilities do not meet the criteria in Subsection b and demonstrate compliance with all applicable standards provided in this Chapter and any other applicable provisions of this Title, the project shall require Zoning Clearance.

b.

An accessory renewable energy-generating facility shall require a land use permit (other than a Zoning Clearance) as established by Section 22.32.030 of this Chapter if the facility meets one or more of the following criteria:

(1)

Provides energy for sale to off-site uses.

(2)

Is within an area designated Open Space (OS).

(3)

Is within a Flood Hazard, or Sensitive Resource Area Combining Designation.

(4)

Is a ground-mounted facility that is greater than 3 acres in area.

(5)

Is located within 100 feet of any adjacent property or public road.

(6)

Is not consistent with definitions for "Use, Accessory" in this Title and accessory to active, on-site uses.

(7)

Is subject to environmentally related permits.

B.

Other area standards. Where a parcel is subject to standards for combining designations in Chapter 22.14, or the standards in Article 9 (Planning Area Standards) or Article 10 (Community Planning Standards), the standards of those sections shall prevail over the requirements of this Chapter (22.32, Energy-Generating Facilities), except for accessory energy-generating facilities within the Airport Review (AR) Area consistent with the criteria in Subsection 22.32.020.A.2.

(2015, Ord. 3291)

A.

Permit requirements. Except where county land use permit authority is preempted by state law, and except where other provisions of this Chapter establish a different permit requirement, the required land use permit for energy-generating facilities is determined as described below.

1.

Non-renewable energy-generating facilities. Permit requirement is determined by the area in square feet per site of grading or the removal of natural ground cover as follows.

PERMIT REQUIREMENTS FOR NON-RENEWABLE ENERGY-GENERATING FACILITIES

Energy storage.

a.

For purposes of this Chapter, energy storage is defined by Section 22.80.030E.

b.

Energy storage shall require a Conditional Use Permit where it meets any of the following criteria:

(1)

It is the primary use of the site.

(2)

It is proposed on a site with no existing or apparent use or development.

c.

Energy storage that is accessory to a primary use shall be subject to the permit requirements and development standards of the primary use.

3.

Renewable energy facilities.

a.

Permit requirements for SEFs within the Renewable Energy (RE) Combining Designation seeking Site Plan Review are established in Section 22.14.100 (Renewable Energy Area).

b.

Permit requirements for renewable energy facilities, including, but not limited to, SEFs outside of the RE Combining Designation, are determined based on land use and land use category:

ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR RENEWABLE ENERGY FACILITIES BY LAND USE CATEGORY

Notes

(1)

See Article 8 and this Chapter for definitions of the listed land uses.

(2)

See Article 9 for any restrictions or special permit requirements for a listed use in a specific community or area.

(3)

L.U.C. means "land use category." See Section 22.04.030, Table 2-1, for a key to the land use category abbreviations.

(4)

Land uses on property under Land Conservation Act contracts must adhere to the County's Rules of Procedure to Implement The California Land Conservation Act of 1965 (Table 2), individual Contracts, the provisions of the Land Conservation Act itself and any changes that may be made to it.

(5)

The size of the SEF shall be measured as the total area of the facility, inclusive of components and subsystems that, in combination, convert or store solar energy into electric energy suitable for use.

(6)

For renewable energy facilities proposed on land under Land Conservation Act:

1.

Proposed projects up to 10 acres in size may be reviewed by Department of Planning and Building staff for consistency with the Rules of Procedure and the Principles of Compatibility unless a discretionary use permit is required by Title 22, in which case the REF project shall be presented to the Agricultural Preserve Review Committee for a recommendation to the Review Authority. The Agricultural Preserve Review Committee shall base their review on the criteria in the Rules of Procedure and the Principles of Compatibility.

2.

Proposed projects greater than 10 acres shall require a Minor Use Permit (or Conditional Use Permit, if otherwise required by this Section), and the project shall comply with the County's Rules of Procedure to Implement The California Land Conservation Act of 1965 (Table 2), individual Contracts, the provisions of the Land Conservation Act itself and any changes that may be made to it. For purposes of determining permit requirements for WECS proposed on land under Land Conservation Act contract, the area shall be measured as the total area of site disturbance.

(7)

Tier 2 - Tier 3 SEFs are allowable up to 20 acres in size when proposed on parcels in the Residential, Single-Family (RSF); Residential, Multi-Family (RMF); or Residential, Suburban (RS) land use designations.

(8)

For projects proposed in the Renewable Energy Combining Designation, if the project is consistent with criteria of the RE Combining Designation, alternative permit requirements may apply. Refer to Section 22.14.100 (Renewable Energy Area).

(9)

Solar heating and hot water systems are separately defined in Article 8, and are generally allowable as accessory energy-generating facilities, consistent with the criteria of this Chapter.

Key To Permit Requirements

ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR RENEWABLE ENERGY FACILITIES BY LAND USE CATEGORY

Notes

(1)

See Article 8 and this Chapter for definitions of the listed land uses.

(2)

See Article 9 for any restrictions or special permit requirements for a listed use in a specific community or area.

(3)

L.U.C. means "land use category." See Section 22.04.030, Table 2-1, for a key to the land use category abbreviations.

(4)

The size of the SEF shall be measured as the total area of the facility, inclusive of components and subsystems that, in combination, convert or store solar energy into electric energy suitable for use.

(5)

For projects proposed in the Renewable Energy Combining Designation, if the project is consistent with criteria of the RE Combining Designation, alternative permit requirements may apply. Refer to Section 22.14.100 (Renewable Energy Area).

(6)

Solar heating and hot water systems are separately defined in Article 8, and are generally allowable as accessory energy-generating facilities, consistent with the criteria of this Chapter.

Key To Permit Requirements

4.

Permit requirements for all other energy-generating facilities not identified in this Section are determined by Chapter 22.06.

B.

Application contents. In addition to any specific requirements later in this Section, land use permit applications shall comply with the requirements of Chapter 22.62 (Permit Applications) and shall also describe:

1.

The physical and operating characteristics of the facility; the proposed design capacity of the facility; the operating schedule; how the electric energy shall be used for on-site purposes or for off-site distribution;

and if any electric energy shall leave the site, the physical and contractual arrangement for tying-in, or connecting, to other facilities.

2.

For discretionary projects, alternatives to the proposed facility and to distinct or separable aspects of the proposal. This will include reliability, as well as economic and environmental advantages and disadvantages.

3.

Plans for any overhead or underground transmission lines, transformers, inverters, switchyards, or any required new or upgraded off-site transmission facilities.

4.

For energy-generating facilities that require a Site Plan Review, an application form and other information prepared as specified in Chapter 22.60 (Permit Application Filing and Processing) and Section 22.62.040 for Site Plan Review.

i.

Prior to application submittal the applicant shall submit evidence that the neighboring property owners and the applicable advisory groups were notified of the request prior to the submission of the land use permit to the County. This notice shall be provided by the applicant sending a letter using the form provided by the Department of Planning and Building. The letter shall be mailed (via certified mail with return receipt) or delivered at least 10 days prior to application submittal to the applicable advisory group and to all owners of real property within 300 feet as shown on the latest equalized assessment roll.

ii.

REFs that qualify for Site Plan Review per this Title shall be referred to organizations such as and including the California Native Plant Society (CNPS) for review of botanical and biological reports for the proposed project, in addition to other notifications and referrals identified in Subsection 22.60.050.B.

5.

As noted in Section 22.60.040E, the Director may waive some or all application content requirements at the written request of the applicant if it is demonstrated that the absence of the documentation will not reduce the ability of the Director to evaluate the compliance of the proposed project with the standards of this Title.

6.

For energy-generating facilities eligible for Zoning Clearance as determined by this Chapter, an application form and information required by Section 22.60.040 and 22.62.030 of this Title.

7.

For Tier 3 SEFs and discretionary non-renewable energy-generating facilities, the number and characterization by trades of the estimated construction and operation force. If construction is estimated to

take over six months, the construction workforce will be estimated for each six-month period and will include estimates of numbers of locally hired employees and employees who will move into the area, and a discussion of the estimated impact that employees moving into the area will have on housing, schools, and traffic.

8.

Proposed energy-generating facilities that require a discretionary permit that are located in the Camp Roberts Study Area (see Figure) shall be referred by the County to Camp Roberts for review and comment.

CAMP ROBERTS STUDY AREA

==> picture [336 x 225] intentionally omitted <==

C.

Approvals from other agencies. If another public agency must approve the proposed facility, the applicant shall:

1.

Describe the requirements of that agency; summarize the agency's procedures for acting on the proposed use, and describe the studies, analyses, and other data collection which the applicant or agency will perform in order to resolve each substantive requirement of the agency.

2.

List the required actions related to the proposed facility by other public agencies and utilities and a schedule for application and approval of those actions.

3.

Provide a copy of necessary state and federal permits and all written comments and decisions made by officials of the agencies listed prior to the start of construction.

D.

Information from other applications. An applicant may incorporate by reference any information developed or submitted in any other application for the project, provided the applicant submits a copy or summary of the referenced material, identifies the permitting process in which it was submitted and the outcome of that permitting process, and explains the relevance of the information to the approval standards of this Title.

(2015, Ord. 3291)

The following development standards are applicable to all types of energy-generating facilities allowable by this Title, as identified below. Note that general standards are not exclusive. Projects may be subject to multiple types of standards from Subsections A—E.

A.

General standards applicable to all energy-generating facilities.

1.

Decommissioning and restoration. A decommissioning and restoration plan shall be submitted that includes the removal of all facility elements and reclamation of the site. Plans shall address: removal of all facility elements and reclamation of the site including, but not limited to, evaluation of adjacent grasses and vegetation, soil preparation, seed/crop planting, and watering and fertilization (if necessary). Removal and restoration shall also address all facility elements, including but not limited to, solar modules, trackers, tracking, posts, power station electrical equipment, underground conduits and cables, concrete pads, fences, security lighting, and access road gravels.

2.

Clearing and revegetation. The land area exposed and the vegetation removed during construction shall be the minimum necessary to install and operate the facility. Topsoil must be stripped and stored separately. Disturbed areas no longer required for operation will be regraded, covered with topsoil, and replanted during the next appropriate season.

3.

Utility interconnect. All distribution lines, electrical substations, and other interconnection facilities shall be constructed to the specifications of the utility. A statement from the utility confirming that the proposed interconnection is acceptable shall be filed with the County building inspector prior to the issuance of any building permit. Interconnection shall conform to procedures and standards established by the California Public Utilities Commission.

4.

Undergrounding of electrical equipment. All electric distribution lines of low to medium voltage less than 60 kV shall be located underground up to the low-voltage side of the step-up transformer, to the point of onsite use, or to the utility-interface point of an on-site substation.

Safety signage. The project shall include electrical safety signage on all arrays in the immediate vicinity of all wiring and all electrical conduits to reduce the risk of electrical shock and fire. All signage shall use weather-resistant and fade-proof materials to provide reasonable notice to protect employees and visitors.

6.

Easements. Any application for a renewable energy facility or distribution lines requiring easements across parcels other than those under the control of the project applicant, or involving multiple parcels, shall provide evidence of necessary easements prior to the issuance of a building permit. The applicant shall also provide evidence of adequate noticing for all impacted landowners and regulatory agencies

B.

Bonding. The permit application for any energy-generating facility except for Tier 1 SEF, Tier 1 WECS, and accessory energy-generating facilities shall include a cost estimate of the decommissioning work with the decommissioning and restoration plan required by Subsection 22.32.040.A, for review by the County or qualified third-party consultant approved by the County. A bond shall be posted in the amount identified in the cost estimate prior to issuance of any construction permits.

C.

Standards applicable to energy-generating facilities requiring a discretionary permit.

1.

Environmental quality assurance. Projects that require a discretionary permit per this Chapter shall submit an Environmental Quality Assurance Program covering all aspects of construction and operation prior to construction of any project component. This program will include a schedule and plan for monitoring and demonstrating compliance with all requirements of the land use permit. Specific requirements of this Environmental Quality Assurance Program will be determined during the environmental review process and land use permit review and approval process.

2.

Recycling and disposal plan for renewable energy facilities. Projects subject to a discretionary permit per this Chapter shall submit a recycling and disposal plan for renewable energy infrastructure, including photovoltaic panels, in order that project structures not pose a risk to human health or the environment. The recycling and disposal plan should include panels that are broken during all project phases, including transport, installation, operation, and after project decommissioning. The plan shall specify how these project components will be disposed of in a manner that will not pose a risk to human health or the environment, and the costs of such disposal.

D.

Standards applicable to all ground-mounted energy-generating facilities.

Requirements of this section do not preclude authorities and requirements of other local, state, and federal agencies, including, but not limited to, the San Luis Obispo County Air Pollution Control District, California Department of Fish and Wildlife, California Department of Transportation, United States Fish and Wildlife Service, and the United States Army Corps of Engineers.

2.

Proposed ground-mounted energy-generating facilities otherwise eligible for a Site Plan Review shall be subject to a Minor Use Permit, unless this Chapter (22.32, Energy-Generating Facilities) otherwise requires a Conditional Use Permit, if Botanical Reports or Biological Reports prepared as part of the permit application indicate the presence or potential presence of state or federally listed wildlife or plant species or designated critical habitat. Exceptions to this requirement may apply to ground-mounted energy-generating facilities if the proposed project is located in the San Joaquin Kit Fox Habitat Area and meets the following criteria.

a.

The project site of the proposed energy-generating facility is 20 acres or less; measured as total project site inclusive of total site disturbance. For all other purposes of determining consistency with standards of this Chapter (22.32, Energy-Generating Facilities), the area of the facility shall be calculated as otherwise directed by Subsection 22.32.030;

b.

Botanical Reports or Biological Reports do not indicate the presence of additional state or federally listed wildlife or plant species or designated critical habitat on or adjacent to the project site; and

c.

The project complies with the standard mitigation ratio and all applicable San Joaquin Kit Fox Habitat Area conditions for grading and building plans set forth by the Director.

3.

Abandonment of ground-mounted facilities. When any ground-mounted energy-generating facility ceases to produce energy on a continuous basis for 12 months, it shall be considered abandoned and a public nuisance unless the owner or operator demonstrates by substantial evidence satisfactory to the Director of Planning and Building Department that there is no intent to abandon the facility. Owners or operators are required to remove all equipment and facilities and to restore the site to the original condition upon abandonment. Facilities deemed by the County to be unsafe and facilities erected in violation of this Section shall also be considered abandoned.

a.

The Code Enforcement Officer or any other employee of the Planning and Building Department shall have the right to request documentation and/or affidavits from the system owner/operator regarding the system's usage and to make a determination as to the date of abandonment or the date on which other violation(s) occurred.

b.

Upon a determination of abandonment or other violation(s), the Director of Planning and Building shall send a notice thereof to the owner or operator, indicating that the responsible party shall remove the energygenerating facility and all associated facilities, and remediate the site to its approximate original condition within 90 days of notice by the Director of Planning and Building, unless the County determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means other than removing the energy-generating facility and restoration of the site, the Director may advise the owner or operator of such alternative means of resolving the violation(s).

c.

In the event the responsible parties have failed to comply, the County's Director of Planning and Building or his or her designee may remove the energy-generating facility and restore the site and may thereafter (a) draw funds from any bond, security, or financial assurance that may have been provided, or (b) initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.

4.

Standards applicable to ground-mounted renewable energy facilities (including projects requiring a ministerial or discretionary permit).

a.

Ground-mounted renewable energy facilities shall avoid siting on exposed bedrock, rock outcrops, or significant ridgetops.

b.

Ground-mounted renewable energy facilities shall provide an Integrated Pest Management Plan to identify measures for weed control. Measures may include, but are not limited to, native ground cover, livestock grazing to control grasses, manual harvest, or vegetative management.

E.

Other requirements. Where this Section does not specify development standards for a proposed energygenerating use, the County will establish standards through the required land use permit.

(2015, Ord. 3291)

A.

Permit requirements. Permit requirements by land use category for SEFs are summarized in Section 22.32.030 of this Chapter. Where requirements vary based on the technology and site criteria, requirements shall be as described in Subsections 1?3.

Calculation of SEF size. For purposes of this Section, the size of the proposed SEF shall be measured as the total area of the facility inclusive of components and subsystems that, in combination, convert or store solar energy into electric energy suitable for use.

2.

Applicability of SEF permit requirements. The permit requirements of this Section shall apply only to the proposed SEF, inclusive of components and subsystems that, in combination, convert or store solar energy into electric energy suitable for use. Where other accessory or primary uses are proposed that indirectly support the proposed SEF, the applicable permit requirement for the additional use shall be determined as described in Chapter 22.06 (Allowable Land Uses and Permit Requirements by Land Use Category).

3.

Applicable permit requirements for SEFs based on site criteria.

a.

Tier 1 SEF, Roof- or Structure-Mounted. If a proposed SEF is located on the roof or structure of a use that is conforming per Chapter 22.72 of this Title, the project shall require Zoning Clearance.

b.

Tier 1 SEF, Ground-Mounted. If a proposed SEF is 20 acres or less, is not located on Prime Farmland, and is located to meet one or more of the site eligibility criteria presented in (1)—(2) below, the project is considered a Tier 1 SEF and shall require Site Plan Review. Projects seeking Tier 1 site eligibility must meet the following criteria:

(1)

Is located on land that is graded, disturbed, or altered; consistent with definitions for "Development," "Grading," or "Site Disturbance" in this Title, or

(2)

Is located on land that was previously developed for industrial or commercial purposes and degraded or contaminated and then abandoned or underused.

Proposed SEFs that are 20 acres or less but do not meet the Tier 1 site eligibility criteria may be considered a Tier 2 SEF eligible for a Minor Use Permit when consistent with the standards of Subsection c below.

c.

Tier 2 SEF. If a proposed SEF is 40 acres or less, is not located on Prime Farmland, and is located to meet the site eligibility criteria in (1)—(3) below, the project is considered a Tier 2 SEF and shall require a Minor Use Permit where allowable in Section 22.32.030. Proposed projects that are 40 acres or less and located in the Renewable Energy (RE) Combining Designation may be eligible for Site Plan Review when consistent with the site criteria in Section 22.14.100 (Renewable Energy Combining Designation). Projects located outside of the RE Combining Designation seeking Tier 2 site eligibility must meet the following criteria

(1)

Is not located on Prime Farmland; and

(2)

Is ground-mounted; and

(3)

Located in urban areas, or located in rural areas on sites designated as Commercial Service (CS) or Industrial (IND).

Proposed SEFs that are 40 acres or less but do not meet the Tier 2 site eligibility criteria may be considered a Tier 3 SEF allowable with a Minor Use Permit when consistent with the standards of Subsection d below.

d.

Tier 3 SEF. If a proposed SEF is greater than 40 acres or does not meet the criteria for Tier 1 or Tier 2 SEFs described above in Subsections a—c, and is not located on Prime Farmland, the project is considered a Tier 3 SEF and shall require a Minor Use Permit where allowable in Section 22.32.030.

B.

Setbacks.

1.

Roof- or structure-mounted SEFs are subject to the setback areas for the type of structure on which they are mounted as regulated by Section 22.10.140.

2.

The minimum setbacks for ground-mounted SEFs are determined as follows:

MINIMUM SETBACKS FOR GROUND-MOUNTED SOLAR ELECTRIC FACILITIES[(1)]

Notes:

(1)

Proposed ground-mounted SEFs shall also comply with the following minimum setbacks where applicable:

• Ground-mounted SEFs shall be set back a minimum of 100 feet from all adjacent parcels in Open Space and Recreation land use categories.

• Ground-mounted SEFs shall be set back a minimum of 50 feet from any seasonal or perennial wetlands, drainages, and vernal pools, except as follows.

• Ground-mounted SEFs requiring a Site Plan Review or discretionary review shall be set back a minimum of 500 feet from any of the following where it is identified in the biological report:

• Sensitive vegetation and habitat that could support special-status plant or wildlife species.

• Special-status species that could occur on the site or adjacent properties.

○ Any seasonal or perennial wetlands, drainages, vernal pools, and any other potentially jurisdictional features where sensitive wildlife is present.

(2)

Tier 1 and Tier 2 ground-mounted solar electric facilities that are 40 acres or less in size shall be set back from all adjacent parcels in a Residential land use category 10 feet more than the minimum setbacks.

C.

Height limits.

1.

Measurement of height. The height for all SEFs shall be measured as the vertical distance from the highest point of the SEF to the average of the highest and lowest points where the vertical planes of the SEF would touch the roof surface (for roof-mounted SEFs) or the ground (for ground-mounted SEFs).

2.

Height limits. The maximum heights for ground-mounted and roof-mounted SEFs are provided below, respectively:

HEIGHT LIMITS FOR GROUND-MOUNTED SOLAR ELECTRIC FACILITIES/b>

MAXIMUM HEIGHT LIMITS FOR ROOF-MOUNTED SOLAR ELECTRIC FACILITIES

D.

Other special standards for SEFs. In addition to the general standards applicable to all energy-generating facilities, the following standards shall apply to SEFs.

1.

All SEFs shall use nonreflective surfaces that minimize glare to the greatest extent feasible.

2.

Tier 1 roof- or structure-mounted SEFs shall be integrated with roofing materials and/or blended with a structure's architectural form. Any roof- or structure-mounted SEF and its equipment shall be designed to be removed at a later date for the roof to be returned to its original pre-project condition.

3.

Rotating SEFs shall have tracking system design and shall not create concentrated reflections directed at occupied structures, recreation areas, Sensitive Resource Areas, or public roads.

4.

Ground-mounted SEFs shall be located a minimum of 18 inches from the ground to allow wildlife movement and line of sight for wildlife.

5.

Lighting. If lighting is required, it shall be activated by motion sensors, fully shielded, and a downcast type so the light does not spill onto adjacent parcels or illuminate the night sky.

6.

In the Flood Hazard Combining Designation, solar equipment, wiring, and other supportive electric equipment (such as inverters or transfer switches) shall be located above the base flood elevation.

7.

SEFs requiring a discretionary permit shall be sited for screening from residences, Sensitive Resources Areas for visual resources, and areas subject to Highway Corridor Design Standards. Screening measures shall use existing site characteristics to the greatest extent feasible, including existing vegetation and natural topography. Where a project cannot be sited to provide adequate screening, the project shall provide additional screening such as landscaping, or wildlife-friendly fencing.

8.

SEFs shall not be sited on designated Prime Farmland. Where proposed on parcels with Prime Farmland, the SEF shall be sited on other areas of the parcel

9.

SEFs requiring a discretionary permit proposed in the Agriculture (AG) land use category on land in an active agricultural use or on Important Agricultural Soils, as defined in the Conservation and Open Space Element, shall meet the following:

a.

For projects proposed on land in an active agricultural use, the project shall provide an open space easement (or, if requested by the applicant, a conservation easement) in consultation with the Agriculture Department, which shall be on land that supports grazing or uses similar to those within the project site that would be lost due to the proposed project and is located within San Luis Obispo County at a 1:1 ratio, located on land that can support agricultural uses at the same intensity as the affected agricultural uses. The open space easement may be located at the proposed project site or on a parcel other than the proposed project site.

b.

For projects proposed on parcels with Important Agricultural Soils, the project should be sited to minimize impacts to Important Agricultural Soils to the maximum extent feasible, in consultation with the Agriculture Department. Where that is not feasible, projects proposed on Important Agricultural Soils shall provide an open space easement (or, if requested by the applicant, a conservation easement) in consultation with the Agriculture Department, which shall be at a 1:1 ratio on Important Agricultural Soils of comparable suitability for agricultural production. The open space easement may be located at the proposed project site or on a parcel other than the proposed project site.

c.

To determine the suitability of proposed easement sites for purposes of addressing the conversion of agricultural uses or Important Agricultural Soils, the Agriculture Department shall evaluate criteria related to the intensity and suitability of the site for agriculture, including, but not limited to, soil capability, available water supply, existing on-site land uses, parcel size, and land use designation.

d.

If a proposed project demonstrates dual-use design measures that ensure the long-term productivity of agricultural uses on site, or protects Important Agricultural Soils through other means, the project is

allowable without an open space easement through a Conditional Use Permit in consultation with the Agriculture Department. Techniques to allow for continuation of agriculture uses (dual-use) or protection of Highly Productive Rangeland Soils may vary based on underlying parcel and site characteristics, but can be achieved through multiple design features. Examples include, but are not limited to:

(1)

The installation of SEFs on poles with no disturbance to soils or crops;

(2)

Elimination of concrete bases, or

(3)

Mounting panels off the ground using other technologies while continuing agricultural uses or protecting soils underneath.

(2015, Ord. 3291)

22.32.060 - Wind Energy Conversion Systems

A.

Determination of permit requirements for wind energy conversion systems (WECS). Permit requirements for WECS are identified in Section 22.32.030 of this Chapter by land use category. Where allowable, WECS requirements vary based on technology and system type as described in Subsections 1—3.

1.

Tier 1 WECS. A wind energy conversion system that is mounted on a roof or structure of a conforming use per 22.72 of this Title is considered a Tier 1 WECS and shall require a Zoning Clearance where allowable.

2.

Tier 2 WECS. A wind energy conversion system is considered a Tier 2 WECS and shall require a Minor Use Permit where allowable if it meets all of the following criteria:

a.

Is ground-mounted.

b.

Is no greater than 100 feet tall, as measured from the natural grade below the wind turbine to the uppermost extension of any blades.

c.

Has a cumulative rated capacity of 2 MW or less for all turbines proposed on the site.

3.

Tier 3 WECS. A wind energy conversion system that is ground-mounted and does not meet the criteria for Tier 2 WECS is considered a Tier 3 solar WECS and shall require a Conditional Use Permit where allowable.

B.

Setbacks.

1.

Tier 1 WECs (roof- or structure-mounted) are subject to the setbacks for the type of structure on which they are mounted as specified in Section 22.10.140.

2.

Ground-mounted WECs.

a.

The minimum setbacks for ground-mounted WECS are determined by project height, as measured from the lowest point to the highest point of the WECS, as shown below.

MINIMUM SETBACKS FOR GROUND-MOUNTED WIND ENERGY CONVERSION SYSTEMS[(1)]

Notes:

(1)

All ground-mounted WECS shall also comply with the following minimum setbacks where applicable:

a.

50 feet from any seasonal or perennial wetlands, drainages, and vernal pools.

b.

500 feet from any wetlands or riparian zones, or from any location found to serve as a nesting or roosting site for any sensitive bird or bat species or any species of raptor.

C.

Height limits.

1.

Measurement of height. The height for all WECS shall be measured as the vertical distance from the lowest point of the WECS to the uppermost extension of any rotor, for both roof-mounted and ground-mounted systems.

2.

Height limits. The maximum heights for WECS are shown in the table below. For roof- or structure-mounted WECS, these height limits may exceed the maximum height limits for the structure established in Section 22.10.090 (Height Measurement and Height Limit Exceptions).

HEIGHT LIMITS FOR WIND ENERGY CONVERSION SYSTEMS[(1)]

Notes:

(1)

All WECS in the Vertical Obstruction Camp Roberts Influence Areas shall not exceed 75 feet in height, as described in Subsection 22.32.060.D of this Chapter:

D.

Other Special Standards for Wind Energy Conversion Systems

1.

All ground-mounted WECS shall be sited to maintain natural grades and shall use existing roads for access to the extent possible. Any grading or road construction that is required shall be the minimum necessary to locate the system and establish sufficient access. The land use permit application shall demonstrate that an alternative site on the parcel is less suitable for other reasons.

2.

Tier 1 roof- or structure-mounted WECS shall be designed to be removed at a later date for the roof to be returned to its original pre-project condition.

3.

Ground-mounted WECS shall not be sited on designated Prime Farmland. Where proposed on parcels with Prime Farmland, the WECS shall be sited on other areas of the parcel.

A WECS shall not generate noise levels exceeding any standards of the Noise Element of the San Luis Obispo County General Plan. The system shall be designed and constructed in compliance with the California Building Code and the National Electric Code. The safety of the design and construction shall be certified by a California-licensed mechanical, structural, or civil engineer.

5.

For a WECS with multiple turbines, each turbine shall be separated from all others by a distance at least equal to that of the diameter of the rotors.

6.

Ground-mounted WECS shall be located to minimize visual impacts to residences, Sensitive Resource Areas for visual resources, and areas subject to Highway Corridor Design Standards.

7.

Ground-mounted WECS within the Vertical Obstruction Camp Roberts Influence Areas (see Figure) shall not exceed 75 feet in height.

VERTICAL OBSTRUCTION CAMP ROBERTS INFLUENCE AREAS

==> picture [420 x 280] intentionally omitted <==

8.

The design of all WECS shall be as follows:

a.

All materials and surfaces shall be nonreflective and of an unobtrusive color.

b.

The WECS and individual components shall carry all appropriate warning signs.

c.

Guy wires shall be avoided to the extent possible. If they are necessary, all guy wires shall be marked with bird deterrent devices as recommended by the US Fish and Wildlife Service or the California Department of Fish and Wildlife.

d.

No exterior lighting shall be allowed except for lighting required by the Federal Aviation Administration, which shall be at the lowest allowable intensity.

e.

All turbines shall be equipped with manual and automatic overspeed controls capable of limiting the blade rotation speeds to within the design limits of the system.

f.

Ground-mounted WECS shall be designed to prevent climbing within the first 12 feet. Any climbing apparatus shall be located at least 12 feet above the finished grade.

g.

No portion of a blade of a ground-mounted WECS shall extend within 20 feet of the finished grade.

h.

The lowermost extension of any rotor of a Tier 2 or Tier 3 WECS shall be 30 feet above the highest existing occupied structure or tree within a 250-foot radius. A modification to this standard may be approved by the Review Authority if the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

i.

All hollow vertical structures installed as part of a WECS shall be capped immediately upon installation to prevent the entrapment and death of birds.

(2015, Ord. 3291)

A.

Application contents. In addition to the general requirements of Section 22.32.020, an application for a steam electric generating facility shall describe:

The cooling system, including volume and flow characteristics, source of the cooling fluid and the location, flow and chemical make-up of any liquid or gaseous discharges;

2.

Potable water requirements and proposed source;

3.

Fuel sources, delivery and storage systems and firing characteristics;

4.

The air pollution control system and emission characteristics; and

5.

Toxic and/or hazardous materials which will be used during the construction and operation, including estimates of the volumes, the inventory control system that is proposed, the disposition of these materials and the disposal system and ultimate location for disposal.

B.

Development Standards - Hazardous Materials. Prior to their delivery and use on-site, the applicant shall submit a hazardous material and waste management plan for review and approval. Details to be contained in this plan will be established in the environmental review and Conditional Use Permit approval process.

(2015, Ord. 3291)

In addition to the general requirements of Section 22.32.020, an application for a hydroelectric generating facility shall describe:

A.

How proposed construction and operation of the facility complies with state water rights laws and all other applicable state regulations.

B.

Any water diversion facilities proposed for the facility, their relation to existing facilities, and how the surface elevation of any impoundment will change.

C.

How the operation of the generating facility will change the flow regime in the affected stream, canal, or pipeline including, but not limited to:

Rate and volume of flow;

2.

Temperature;

3.

Amounts of dissolved oxygen to a degree that could adversely affect aquatic life;

4.

Timing of releases; and

5.

Whether there will be a change in the up- or down-stream passage of fish.

(2015, Ord. 3291)

22.32.090 - Co-Generation Facilities.

A.

Application contents. In addition to the general requirements of Section 22.32.020, the application for a cogenerating facility shall contain the descriptions required in Section 22.32.040 for steam electric generating facilities as applicable, and shall describe the characteristics of the energy conversions of the proposed facility and the proportions going to the various end-uses and their seasonal variation.

B.

Development standards. The standards of Sections 22.32.020, 22.32.030 and 22.32.040.B apply.

(2015, Ord. 3291)

Chapter 22.34 - PETROLEUM RESOURCE DEVELOPMENT