§ 35.59

This Chapter identifies utility-scale solar photovoltaic facilities that are allowed in the County and the locations and zones in which they are allowed; identifies the required types of permits, and provides regulations for the operation of such facilities. These provisions are intended to encourage utility-scale solar photovoltaic development while protecting public health and safety.

The regulations contained in this Chapter shall apply to utility-scale solar photovoltaic facilities used for electrical power generation located in the Cuyama Valley Rural Region.

Utility-scale solar photovoltaic facilities may only be allowed on no more than 600 acres located within the Cuyama Valley Rural Region designated with the Utility-scale Solar Photovoltaic Overlay as designated on the Comprehensive Plan maps.

All utility-scale solar photovoltaic facilities shall comply with the following standards. Additionally, such facilities shall also comply with all the requirements established by other sections of this Development Code that are not in conflict with the requirements contained in this Chapter 35.59 (Utility-Scale Solar Photovoltaic Facilities).

A.

View protection. Utility-scale solar photovoltaic facilities shall be designed and located in a manner to minimize adverse visual impacts from public viewing areas (e.g., scenic highways, recreational trails, public parks). To the greatest extent feasible, the utility-scale solar photovoltaic facility shall:

1.

Avoid significant visual impacts to designated or eligible designated scenic highways.

2.

Apply aesthetic design treatments to and maintain all structures, including fencing, onsite buildings and panel mounting structures where needed, to minimize visual impacts to the existing visual character of the project area. Aesthetic design treatments include fence slats, decorative walls, landscaping, painting and application of other finishes to reduce the visibility of structures and reduce glare.

3.

Minimize night lighting by only utilizing construction and operational lighting that is of low intensity, low glare design, located at a minimum height, and hooded to direct light downward onto the subject lot and prevent spill-over onto adjacent lots.

4.

Minimize glare and spectral lighting from solar panels and hardware.

B.

Protection of agricultural land. Utility-scale solar photovoltaic facilities shall minimize adverse agricultural impacts by permanently preserving off-site agricultural land if the project requires the conversion of prime agricultural land and/or Important Farmland shown on the Department of Conservation's Important

Farmland Maps to non-agricultural use, or impairs agricultural productivity. The applicant of utility-scale solar photovoltaic facilities shall:

1.

Prior to issuance of any grading or building permit, provide written evidence to the Department of the completion of the permanent preservation of off-site agricultural land of equal or better agricultural quality at a ratio of 1:1 for each acre that is either converted or impaired through one of the following methods:

a.

Funding and purchase of agricultural conservation easements.

b.

Purchase of credits from an established agricultural farmland mitigation bank.

c.

Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland.

d.

Participation in any agricultural land mitigation program that provides equal or more effective mitigation than the measures listed above.

2.

Prior to issuance of any grading or building permit, submit a site-specific Integrated Pest and Weed Management Plan to the Department in a form that is acceptable to the Department.

a.

The Integrated Pest and Weed Management Plan shall:

(1)

Require use of County approved herbicides or mechanical weed removal methods or grazing animals (e.g., goats) depending on which is most appropriate for the suppression or eradication of the weed species and their locations.

(2)

Describe when herbicides would be used, factors that would prohibit use of herbicides (such as high wind), and the specific type of herbicides proposed.

(3)

Document measures that would be used for pest control, as applicable; however the use of rodenticides shall be prohibited on the project site.

b.

The plan shall be implemented during facility installation and throughout the life of the facilities.

3.

Prior to issuance of zoning clearance, submit a Demolition and Reclamation Plan with associated financial assurance to the Department in a form that is acceptable to the Department. The financial assurance shall be sufficient to guarantee the removal of the facility, including all of its components, upon the completion of facility operations, in order to allow the land to be utilized for agricultural uses or uses consistent with current land use plans, policies, and zoning requirements in place at the time of completion of facility operations.

C.

Sensitive biological resource protection. Utility-scale solar photovoltaic facilities shall be designed and located in a manner so as to minimize any adverse biological impacts. The utility-scale solar photovoltaic facility shall:

1.

Be designed and located in order to avoid any significant adverse impacts to known sensitive natural communities, rare and special-status plant species, special-status wildlife species and their habitats, critical habitat corridors, and nesting birds. Facilities shall also be designed to avoid the removal of any native specimen trees unless determined to be infeasible, in which case a tree replacement plan shall be required in accordance with County standards.

2.

Minimize the potential for raptor electrocution by utilizing the recommendations contained in the most current "Avian Protection Plan Guidelines" and "Reducing Avian Collisions with Power Lines" as promulgated by the Edison Electric Institute's Avian Power Line Interaction Committee regarding power line spacing and construction and work procedures.

D.

Geologic hazards avoidance. Utility-scale solar photovoltaic facilities shall be designed and located in a manner to minimize adverse geologic impacts. The utility-scale solar photovoltaic facility shall:

1.

Be sited and designed to avoid significant geologic impacts considering soil types, soil and groundwater conditions and geologic and seismic hazards.

2.

Avoid areas with slopes that exceed 20 percent, or require cut slopes having a height of 15 feet or greater.

3.

Control erosion, minimize flooding, and minimize degradation of water quality during facility construction and operation. Measures shall include use of temporary vegetation, seeding, mulching, or other suitable stabilization to minimize impacts to affected areas. All cut and fill slopes shall be stabilized immediately with planting of native grasses and shrubs, appropriate non-native plants, or with accepted landscaping practices. Impacts to surface water due to sedimentation of streams shall be mitigated to the maximum extent feasible through adequate erosion and sediment controls.

E.

Fire prevention. Utility-scale solar photovoltaic facilities shall include a fire prevention plan to identify sources of fire hazards and methods to mitigate fire hazards during construction and throughout operation of the project. Prior to issuance of any grading or building permit a County Fire Department-approved plan shall be submitted to the Department.

F.

Hazardous material avoidance. Utility-scale solar photovoltaic facilities shall be located to avoid sites that are known to be contaminated or are listed on agency databases as requiring clean-up action. If avoidance is not feasible, then any contamination shall be appropriately evaluated, characterized, and remediated in accordance with County, State Regional Water Quality Control Board, and California Department of Toxic Substances Control standards prior to construction of the utility-scale photovoltaic facilities.

G.

Noise level reduction. Utility-scale solar photovoltaic facilities shall be designed and located in a manner to avoid any significant adverse construction and operational noise impacts to noise sensitive uses as determined by the Noise Element of the Comprehensive Plan.

H.

Traffic hazard prevention. Utility-scale solar photovoltaic facilities shall minimize traffic hazards by implementing a project-specific Traffic Control Plan. Prior to the issuance of any zoning clearance, a County Traffic Engineer-approved Traffic Control Plan shall be submitted to identify adequate traffic control measures during construction to avoid significant impacts with vehicles and pedestrians.

I.

Waste reduction. Utility-scale solar photovoltaic facilities shall minimize waste generated during construction and operation.

The procedures and requirements in Chapter 35.84 (Post Approval Procedures) and those related to appeals in Article 35.10 (Land Use and Development Code Administration) shall apply following the decision on an application for a Conditional Use Permit.

ARTICLE 35.6 - RESOURCE MANAGEMENT CHAPTER 35.60 - RESOURCE PROTECTION STANDARDS