Solano County Municipal Code Art. III Land Use Regulations

A. General Requirements

Resource protection uses, subject to the provisions of the applicable zoning district, shall comply with the following general requirements:

1. Shall be consistent with the 2008 Solano County General Plan, as may be amended;

2. Shall show that adequate controls or measures will be taken to prevent offensive noise, odor, dust, fumes, smoke or vibration; shall be so located that generated traffic will not constitute a hazard or nuisance to surrounding property.

3. Shall show that adequate controls or measures will be taken to prevent invasive weeds, plants or animals from becoming a nuisance to surrounding properties.

B. Specific Requirements

This section reserved

A. A wind turbine generator shall be permitted as prescribed in Article II by the Land Use Tables located within each zoning district.

B. Wind turbine generators (WTGs) shall be set back a minimum distance of 1.25 times the maximum height reached by any part of the WTG to any property line, and a minimum of ten feet from any other structure on the property. A three hundred-foot setback shall be maintained from any district which does not permit WTGs. Setbacks determined by height may be waived when appropriate easements are secured from adjacent property owners or other acceptable mitigation is approved by the Zoning Administrator or Planning Commission.

C. Tower-climbing apparatus and bladetips of the WTG shall be no closer than fifteen feet from ground level unless enclosed by a six-foot high fence. The tower shall be posted at eye level, warning of high voltage.

D. The WTG shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause interference with radio and/or television broadcasting or reception. Alternate mitigation for such interference may be approved for a commercial WTG.

E. The applicant shall provide the manufacturer’s specifications which certify that the WTG is equipped with a braking system, blade pitch control, and/or other mechanism for rotor control, and shall have both manual and automatic overspeed controls.

F. Noise emitted from any WTG shall not exceed fifty dBA CNEL at any property line abutting a residential zone or sixty dBA CNEL at any other property line.

G. Brand names or advertising associated with a WTG installation shall not be visible from any public access.

H. Liens, surety bonds or other security may be required as part or condition of any use permit to guarantee removal or dismantling of any abandoned WTG.

A. Purpose. This section is enacted to establish a consistent set of standards regulating the placement and design of wireless communication facilities in unincorporated areas of Solano County. These standards are intended to protect and promote public health, safety, community welfare and the unique visual character of Solano County by encouraging the orderly development of wireless communication infrastructure.

B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this sub-section.

Amateur Radio (HAM) Operator. A person holding a written authorization to be the control operator of an Amateur Radio Facility. This authorization shall be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multinational license or permit recognized by treaty as valid in the United States.

Amateur Radio (HAM) Service. The radio communication services, including the amateur-satellite service and the amateur service, which are for the purpose of self-training, intercommunication and technical investigations carried out by amateurs who are duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97 and regulated thereunder.

Amateur Radio (HAM) Facility. A wireless communication facility operated by a Federally-licensed Amateur Radio Operator as part of the Amateur Radio Services.

Antenna. Any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. The distinction is made between the support structure and the antenna(s) mounted thereon. See also Satellite Dish or Satellite Antenna.

Broadcast. To transmit a signal for direct reception by the general public.

Broadband. Pertaining to a transmission system or facility with an information bandwidth capacity greater than a single voice channel (3 kHz).

Cell. A geographic area covered by a single cellular, ESMR or PCS transmitter.

Cellular Network. A system providing mobile telephone services through all the cells in a coverage area. A coverage area consists of multiple adjacent cells operating on slightly different frequencies. Calls are “handed-off” from one cell to the next as a mobile unit moves from cell to cell. This is the fundamental innovation that has allowed for the development of cellular, ESMR and mobile PCS services.

Cellular Telephone System. A mobile radio system that connects subscriber hand held devices to each other through the cellular network and with wireline telephones through the public switched network.

Co-location. The installation of wireless communication facilities owned and/or operated by two or more entities on a single structure or tower.

Commercial Wireless Communication Facility. A wireless communication facility operated by a for-profit business, and includes Commercial Private Wireless Communication Facilities and Commercial Public Wireless Communication Facilities.

Commercial Private Wireless Communication Facility. A wireless communication facility operated by a for-profit business for its own internal purposes and without supplying access to members of the general public. See, by contrast, Non-Commercial Wireless Communication Facility and Commercial Public Wireless Communication Facility.

Commercial Public Wireless Communication Facility. A wireless communication facility operated by a for-profit business whose business is provision of wireless communication services to subscribers or the general public. See, by contrast, Non-Commercial Wireless Communication Facility and Commercial Private Wireless Communication Facility.

Enhanced Specialized Mobile Radio Service (ESMR). A Specialized Mobile Radio Service (SMR) system (see definition below) which utilizes digital cellular technology to enable wide-area coverage as well as interconnection with other users and the cellular and public switched (landline) telephone networks.

Federal Communications Commission (FCC). The Federal regulatory agency established and provided for in Title 47, U.S. Code, and charged with regulation of communication by wire and radio (which includes broadcast and non-broadcast communication of any type).

Gigahertz (GHz). A unit of measurement of radio frequency equal to one billion Hertz (cycles per second). One gigahertz is equivalent to 1000 megahertz (MHZ). Microwave frequencies are usually expressed in gigahertz.

Ground-Mounted Antenna. An antenna which is attached to a support structure resting on the ground, and has an overall height not greater than fifteen feet above finished grade at the base of the structure. This definition includes antennas which are sometimes referred to as “post mounts” and “ground builds.”

Grouped Facility. The installation of several wireless communication facilities owned and/or operated by two or more entities on separate structures or towers within a single parcel and with each facility no more than 100 feet from at least one other facility.

Kilohertz (kHz). A unit of measurement of radio frequency equal to one thousand Hertz (cycles per second). One thousand kilohertz is equivalent to one megahertz (MHZ). AM and “shortwave” Broadcast frequencies are usually expressed in kilohertz.

Megahertz (MHZ). A unit of measurement of radio frequency equal to one million Hertz (cycles per second). One thousand kilohertz is equivalent to one megahertz, and one thousand megahertz is equivalent to one gigahertz. FM and TV Broadcast frequencies and “VHF” and “UHF” communication frequencies are usually expressed in megahertz.

Non-Commercial Wireless Communication Facility. A wireless communication facility operated by a government agency, a non-profit organization, or a private citizen for personal use. It includes all Amateur Radio Facilities. See, by contrast, Commercial Wireless Communication Facility.

Operator. Any person or organization that controls the operation and maintenance of a wireless communication facility.

Paging. A wireless communication service that communicates a limited message to a subscriber units which are relatively small and can be carried on the subscriber’s person. Current paging systems are one-way (subscriber receives the message) but future systems can be two-way in nature. Paging systems are not considered “real time” interactive systems.

Personal Communications Services (PCS). Digital wireless services that offer high quality voice and data communication.

Radio. A generic term for communication of sound, data, or energy by means of electromagnetic wave propagation. For regulatory purposes “radio” includes the popular terms “television” and “microwave”. The term “wireless” is interchangeable with “radio” and is the popular term in several other English-speaking countries and some translations.

Radio-frequency (RF). A description pertaining to the electromagnetic spectrum between the audio-frequency portion and the infrared portion.

Radio-Frequency Exposure Professional. A certified professional electrical engineer, health physicist or other technical expert with an understanding of the effects and measurement of exposure of the human body to radio frequency energy. Such professional must have substantial professional experience performing environmental measurements of radio frequency (RF) exposure and preparing radio frequency exposure evaluation reports for a variety of entities.

Roof-Mounted. An antenna that is mounted directly to, or on a support structure mounted to, the roof or otherwise on the top most level or levels of a building exterior.

Satellite Dish or Satellite Antenna. An antenna incorporating a reflective surface that is solid, open mesh, or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals to or from a satellite. This definition includes antennas that are sometimes called “SES,” “TVRO,” “TVBS,” and “DBS” antennas.

Satellite Transmission. A communication system involving signals sent to (“uplink”) and/or by (“downlink”) an orbiting communication relay satellite.

Site. A legal parcel accommodating a wireless communication facility.

Specialized Mobile Radio (SMR). A radio system in which licensees provide land mobile communication services in the 800 MHZ and 900 MHZ bands on a commercial basis to entities eligible to be licensed in the Private Radio Services (Part 90 of the FCC Rules), Federal government entities and individuals. See also Enhanced Specialized Mobile Radio System (ESMR).

Stealth Mount. A way of mounting an antenna that hides the antenna by making it appear to be a part of a structure, tree or other natural object.

Structure-Mounted. Any antenna which (1) is not attached to a dedicated support structure resting on the ground and (2) is attached to a building, billboard, tank, sign, utility pole, or other structure. This definition includes antennas sometimes referred to as “facade mounts” and “sign mounts”.

Tower. A dedicated support structure resting on the ground or attached to another structure, whose principal use is to support wireless communication equipment.

Tower-Mounted. Any antenna which is attached to a tower and has an overall height greater than ten feet above finished grade at the base of the structure. This definition includes antennas that are sometimes referred to as “monopoles”, “lattice towers” and “guyed towers”.

Wireless Communication. Electronic communication using radio signals sent between two or more points.

Wireless Communication Facility. The equipment and associated unmanned structures needed to transmit and/or receive electromagnetic signals. A wireless communication facility typically includes antennas, supporting structures, enclosures and/or cabinets housing associated equipment, cable, service parking, and access. Receive-only radio and television antennas and satellite dishes or antennas are excluded from this definition.

Wireline Communication. Electronic communication using physical connections such as wire cables or fiber optics to transmit signals between two or more points.

C. Exemptions. The following wireless communication facilities shall be exempt from this section, and shall be permitted without review by the Planning Commission or Zoning Administrator; provided, that the specified conditions are met:

1. Receive-only radio and television antenna, including satellite dishes; provided, that:

a. The antenna must meet all height, setback, lot coverage and other limitations on structures in its zoning district;

b. The antenna may not installed between a public street and a structure;

c. All required building permits must be obtained;

d. If installed in a R-TC zoning district and the antenna is mounted on a tower less than 12 feet high; and

e. These requirements do not (1) unreasonably delay or prevent the installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable signal.

2. Temporary wireless communication facilities providing public information coverage of a news event; provided, that they are set up for a duration of 72 hours or less.

3. Cell on wheels (C.O.W.) and cell on light truck (COLT) facilities replacing a damaged facility and/or meeting the public need in the event of a public emergency or disaster declared by the County or other governmental authority.

4. Temporary crank-up towers up to 100 feet erected for a duration of 24 hours or less for the purposes of testing.

5. Amateur radio station facilities; provided, that all antennas and supporting structures meet the following requirements:

a. Only one amateur radio station facility shall be installed on any single parcel, and all fixed radio equipment, antennas and antenna support structures so installed shall be included as part of that single facility.

b. All fixed radio equipment, antennas and antenna support structures shall comply with setback, lot coverage and other standards, except height, required in its zoning district.

c. In a R-TC zoning district, the height of the supporting tower shall not be more than 35 feet above natural grade when the station is not in use, and not more than 75 feet above natural grade when the station is in use.

d. In nonresidential districts and the rural residential (R-R) district, the height of the supporting tower shall not be more than 75 feet above natural grade at any time.

e. Multiple antennas shall be grouped so as not to exceed 16 square feet in area when feasible.

f. All required building permits shall be obtained.

D. General Requirements. All new, altered and re-permitted wireless communication facilities in unincorporated Solano County, with the exception of those exempted in Sub-Section (c), shall meet the following general requirements, regardless of the zoning district in which they occur:

1. Zoning Districts. Wireless communication facilities may be located in all zoning districts, except the Marsh Preservation (MP) District, upon approval of a use permit as described below.

2. Use Permit Required. All wireless communication facilities, other than those designated as exempt in Sub-Section (C), require a use permit. To obtain a use permit, a hearing is required before either the Zoning Administrator or the Planning Commission, as described in Sub-Section (E).

3. Building Permit Required. All wireless communication facilities shall require a building permit issued by the County of Solano.

4. Design Consistency with the Surrounding Environment. To the maximum extent feasible, all wireless communication facilities shall blend in with the predominant features of the existing natural and/or built environments in which they are located. To this end, co-location, stealth mounts, structure mounts and ground mounts are particularly encouraged.

5. Height. All wireless communication facilities shall conform to the following height requirements:

a. All wireless communication facilities shall be of the minimum functional height, with additional provisions for co-location, as allowed in Sub-Section c., below.

b. All wireless communication facilities constructed within 3/4 mile of a designated scenic corridor shall conform with the height limit in the zoning district in which they are located. New facilities that are co-located with an existing facility may exceed their zoning district’s height limit, provided that the installation of the new facility does not require a height increase of the existing facility.

c. Outside of 3/4 mile of a designated scenic corridor, no wireless communication facility, except an exempt facility, may exceed 65 feet. A bonus of 20 additional feet per facility, up to a maximum height of 105 feet, is permissible for operators co-locating on a single tower.

d. No roof-mounted wireless communication facility, except an exempt facility, may be more than 15 feet taller than the roof of the building on which it is mounted.

e. If an operator wishes to apply for an exception to these height limitations, then the facility shall be subject to a use permit before the Planning Commission, as described in Sub-Section (e) 2, below.

6. Screening. All wireless communication facilities shall be screened to the maximum extent possible, pursuant to the following requirements.

a. Ground- and tower-mounted antennas and all accessory structures shall be located within areas where substantial screening by vegetation, landform and/or buildings can be achieved. Additional vegetation and/or other screening may be required as a condition of approval.

b. The projection of structure-mounted antennas from the face of the structure to which they are attached shall be minimized.

c. Roof-mounted antennas shall be set back from the edge of the roof a distance greater than or equal to the height of the antenna. For roof-mounted antennas, a screening structure that is architecturally compatible with the building on which it is mounted may also be required as a condition of approval.

7. Radio-frequency exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no wireless communication facility or combination of facilities shall produce at any time power densities that exceed the current FCC adopted standards for human exposure to RF fields. Certification that a facility meets this standard is required as described in Sub-Section (h).

8. Cabling. For structure mounted antennas, all visible cabling between equipment and antennas shall be routed within the building wherever feasible. Cabling on the exterior of a building or monopole shall be located within cable trays painted to match. All cabling shall be performed in accordance with the NEC.

9. Painting and Lighting. No wireless communication facility shall be installed at a location where special painting or lighting will be required by FAA regulations unless technical evidence acceptable to the Planning Commission is submitted showing that this is the only technically feasible location for this facility. Facilities shall be generally unlit except when authorized personnel are present at night. All facilities shall be painted or constructed of materials to minimize visual impact.

10. Noise. All wireless communication facilities shall be designed to minimize noise. If a facility is located in or within 100 feet of a residential district, noise attenuation measures shall be included to reduce noise levels to a maximum exterior noise level of 50 Ldn at the facility site’s property lines.

11. Accessory Structures. Enclosures and cabinets housing equipment related to a wireless communication facility shall meet setback and height restrictions for such structures in their zoning districts. Such structures shall appear architecturally compatible with their surroundings and be designed to minimize their visual impact. To meet this requirement, underground vaults may be required.

12. Roads and Parking. Wireless communication facilities shall be served by the minimum roads and parking areas necessary and shall use existing roads and parking areas whenever possible.

13. Provisions for Future Co-location. All commercial wireless communication facilities shall be encouraged to promote future facility and site sharing. Technical evidence will be provided as to the infeasibility of co-location or grouping prior to the issuance of a new use permit for a facility that would not be considered to be co-located or grouped under this ordinance.

14. Removal Upon Discontinuation of Use. All equipment associated with a wireless communication facility shall be removed within 90 days of the discontinuation of the use and the site shall be restored to its original pre-construction condition. The operator’s agreeing to such removal and allowing the County access across private property to effect such removal shall be a condition of approval of each permit issued. At its discretion, the County may require a financial guarantee acceptable to the County to ensure removal.

E. Permitting Requirements. All wireless communication facilities not specifically exempted from these regulations are subject to one of the two permit processes described below.

1. Use Permit Before the Zoning Administrator. Certain wireless communication facilities may be conditionally approved by the Zoning Administrator, as described in this sub-section.

a. Qualifying Facilities. The following types of wireless communication facilities qualify for a minor use permit to be heard and decided by the Zoning Administrator:

(1) Receive-only radio and television antennas and satellite dishes or antennas that do not qualify for exemption under subsection (C) of this section, including multiple antennas or dishes on a single parcel.

(2) Amateur radio facilities that do not qualify for exemption under subsection (C) of this section. When required, a minor use permit before the Zoning Administrator shall be granted to amateur radio operators with no fee.

(3) Wireless communication facilities installed on publicly owned property, regardless of zoning district, provided they comply with the general requirements in subsection (D) of this section and hold an executed license or lease agreement.

(4) Co-located wireless communication facilities, regardless of zoning district, provided they comply with the general requirements in subsection (D) of this section.

(5) Wireless communication facilities located on sites that would be considered to be co-located or grouped under this section in a commercial district (C-H, C-G, C-S, C-O), industrial districts (M-L, M-G, I-WD, I-AS) or agricultural districts (A, A-SM, A-SV, ATC) provided they comply with the general requirements in subsection (D) of this section and are not located within 500 feet of a residential zone (R-R, R-TC).

b. Required Findings. In order for the Zoning Administrator to approve a proposed wireless communication facility under a minor use permit, the Zoning Administrator shall make the findings required in Section 28.106 for a use permit, as well as the following additional findings:

(1) The facility complies with all applicable provisions of this section.

(2) The facility either (1) does not require an RF Environmental Evaluation Report as described in subsection (H) of this section, or (2) the RF Environmental Evaluation Report for the facility shows that the cumulative radio-frequency energy emitted by the facility and any nearby facilities will be consistent with FCC regulations.

(3) The facility blends in with its existing environment and will not have significant visual impacts.

2. Use Permit before the Planning Commission. All other wireless communication facilities or any facility requiring an exception to these regulations shall require a use permit with a public hearing before the Planning Commission.

a. Qualifying Facilities. A use permit is required for any wireless communication facility that is not exempt under these regulations and that does not qualify for a use permit before the Zoning Administrator, including all commercial wireless communication facilities proposed on privately-owned property in Watershed and Residential zoning districts or on sites that would not be considered to be co-located or grouped under this ordinance.

b. Required Findings. In order for the Planning Commission to approve a proposed wireless communication facility under a use permit, the Commission shall make the findings required for a use permit, as well as the following additional findings:

(1) No alternative site or design is available that would allow for issuance of a use permit before the Zoning Administrator for the facility. This finding shall be based on the results of an Alternatives Analysis, as described in Sub-Section (f), below.

(2) The facility either 1) does not require an RF Environmental Evaluation Report as described in Sub-Section (h), or 2) the RF Environmental Evaluation Report for the facility shows that the cumulative Radio-frequency exposure emitted by the facility and any near-by facilities will be consistent with FCC regulations.

(3) The facility blends in with its existing environment and will not have significant visual impacts.

F. Alternatives Analysis. For a facility requiring a use permit before the Planning Commission, an Alternatives Analysis shall be prepared by or on behalf of the Operator, as described below.

1. Alternatives to be Considered. The Alternatives Analysis shall consider alternative locations and designs for the proposed facility, including those which would not require a use permit. At a minimum, alternatives included in the analysis shall include 1) co-location at all existing wireless communication facilities whether in the unincorporated County, a city or an adjacent county, 2) lower, more closely spaced wireless communication facilities; and 3) mounting on any existing non-residential structure within 2-mile of the proposed facility in unincorporated Solano County. The alternatives analyzed shall be approved by the Zoning Administrator. For facilities to be located near an incorporated city, the analysis shall also explain why siting within the city is not possible.

2. Findings. The Alternatives Analysis shall show whether or not the proposed siting and design would have the least possible environmental and visual effect on the community and whether any alternative site or design is available that would allow for issuance of a use permit before the Zoning Administrator for the facility.

3. Review. The Zoning Administrator may, at his/her discretion, employ on behalf of the County an independent technical expert to review this Alternatives Analysis. The Operator shall bear the reasonable costs of this review.

G. Visual Analysis. For a facility requiring review before the Planning Commission and located within 3/4 mile of a designated scenic roadway, a visual analysis shall be prepared by or on behalf of the Operator, as described below. This visual analysis shall demonstrate compliance with provisions of the Scenic Roadway Element of the Solano County General Plan.

1. Contents. The visual analysis shall include the following contents.

a. A map of the visual units (as defined in the Scenic Roadway Element) from which the proposed facility will be visible.

b. A map of foreground and distant view components, as defined by the Scenic Roadways Elements.

c. A narrative discussion of the visual impact of the proposed facility based on the items above.

2. Findings. The visual assessment shall compare the proposed facility’s visual impacts to the criteria contained in the Solano County General Plan Scenic Roadway Element. It shall make conclusions as to whether the facility would comply with the Element and suggest changes to the facility that would make it more compatible with the Element.

H. Radio-frequency Exposure Review. An RF Environmental Evaluation Report shall be prepared for any proposed wireless communication facility meeting the specifications below. In order for a proposed facility that requires an RF Environmental Evaluation Report to be approved, the report must demonstrate that RF emissions from the facility in combination with existing RF emissions from nearby facilities will meet the current FCC adopted exposure standard.

1. Facilities Requiring an RF Environmental Evaluation Report. Wireless communication facilities meeting any of the following criteria require an RF Environmental Evaluation Report before they may be permitted under these regulations:

a. Facilities described in Table 1 Section 1.1307 A Transmitters, Facilities and Operations Subject to Routine Environmental Evaluation of the FCC Rules and Regulations, 47C.F.R. 1.1307, or any superseding regulation.

b. Facilities proposed to be installed within 50 feet of an existing wireless communication facility.

c. Facilities with one or more antenna to be installed less than ten feet above any area that is accessible to untrained workers or the public.

2. Evaluation Report Requirements. The RF Environmental Evaluation Report shall meet the following requirements:

a. The RF Environmental Evaluation Report is subject to approval of the Zoning Administrator

b. The RF Environmental Evaluation Report shall be prepared by a Radio-frequency Exposure Professional.

c. The RF Environmental Evaluation Report shall explicitly state that operation of the proposed facility in addition to other ambient RF emission levels will not exceed current FCC-adopted standards with regard to human exposure in controlled and uncontrolled areas as defined by the FCC.

d. Assumptions utilized for the calculations of RF exposure shall be conservative in nature and at a minimum be in accordance with the most recent FCC guidance on assessment of RF exposures.

e. The RF Environmental Evaluation Report shall compare RF measurements and/or calculations of RF exposure to the applicable FCC exposure standard. The comparison shall include the power density in micro-watts per square centimeter and as a percentage of the applicable FCC exposure standard.

f. RF field measurements of power density of the proposed facility and/or surrounding facilities are required to be included in the RF Environmental Evaluation Report when:

1. Adequate technical information regarding other wireless communication facilities that may substantially contribute to RF exposure at the subject site is unavailable;

2. Calculations of RF exposure indicate the possibility of exposures in excess of the FCC exposure standard; or

3. So directed by the Zoning Administrator because of concerns about the number of near-by facilities.

g. All required RF field measurements shall be performed by a Radio-frequency Exposure Professional. Evidence must be submitted showing that the testing instrument(s) used were calibrated within their manufacturer’s suggested periodic calibration interval, and that the calibration is by methods traceable to the National Institute of Standards and Technology. Measurements shall be performed in compliance with FCC guidance regarding the measurement of RF emissions and shall be conducted during normal business hours on a non-holiday week day.

h. The Zoning Administrator or his/her designee may monitor the performance of testing required for preparation of the RF Environmental Evaluation Report. The cost of such monitoring shall be borne by the Operator.

i. For an amateur radio station facility, self-certification of compliance by the amateur radio station license is acceptable if permitted by FCC regulations and conducted under standards and procedures set forth by the FCC.

3. Modifications to Facilities. To the extent necessary to ensure compliance with adopted FCC regulations regarding human exposure to RF emissions, or upon the recommendation of the Zoning Administrator, the operator shall modify the placement of the facilities; install fencing, barriers or other appropriate structures or devices to restrict access to the facilities; install signage, including the radio-frequency hazard warning symbol identified in ANSI C95.2-1982 and multi-lingual warnings if deemed necessary by the Zoning Administrator to notify persons that the facility could cause exposure to RF emissions; and/or implement any other practice reasonably necessary to ensure that the facility is operated in compliance with adopted FCC RF emission standards.

4. Changes to FCC Standards. If the FCC RF emission standards are modified, the operator shall ensure that the facility is reevaluated for compliance with the new standards, and a recertification statement prepared by a Radio-frequency Exposure Professional shall be submitted by the Operator to the Zoning Administrator prior to the effective date of the new FCC RF emission standards. For an amateur radio station facility, self-certification of compliance by the amateur radio station license is acceptable if permitted by FCC regulations and conducted under standards and procedures set forth by the FCC.

I. Application: Applications for use permits shall be made in writing on a form prescribed by the Zoning Administrator, and shall be accompanied by plans and data to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee or fees as may be set by the Board of Supervisors. Not part of such fee shall be refundable.

J. Life of Approval

1. General Term. Use permits for wireless communication facilities issued under these regulations shall generally be valid for 10 years and may be renewed administratively, unless otherwise specified in the conditions of the permit as being approved either for a fixed term or subject to periodic renewal on a different schedule.

2. Co-Located Facilities. Unless otherwise exempt from County use permit requirements by Federal law, a permit for a new co-located facility at a facility with an existing permit that has more than five years remaining on it shall have the same term or renewal date as the existing permit. If a permit is issued for a new co-located facility at a facility with an existing permit that has less than five years remaining on it, then the existing permit shall be extended ministerially to the same term or renewal date as the new permit.

3. Revocation. If the conditions of a use permit granted under this section are not complied with, the use permit may be revoked pursuant to Section 28.106(J).

4. Renewal. All permits for wireless communication facilities, regardless of the date on which they were originally approved, may be extended administratively by the Zoning Administrator upon verification of the permit holder’s continued compliance with the findings and conditions of approval under which the application was originally approved or may have been modified. However, permits approved for a fixed term based on a specific finding that the life of the permit approval should be limited due to site-specific circumstances shall not be renewed administratively, but the term of the permit may be modified through a minor revision pursuant to Section 28.106(I).

K. Facilities in Existence Prior to Adoption of these Regulations

1. Facilities Permitted Prior to Adoption of these Regulations. Wireless communication facilities that obtained valid permits from Solano County and were constructed prior to the enactment of this Ordinance are not subject to these regulations. However, permits that require renewal will be renewed under these regulations, and any facilities operating with existing permits which are proposed for modification must acquire new permits under these regulations.

2. Facilities Operating Without Permits but Existing Prior to Adoption of these Regulations. All non-exempt wireless communication facilities without permits issued by Solano County must acquire them under the provisions of these regulations within 90 days of the adoption of these regulations

(Ord. No. 1726, §2; Ord. No. 1840, §§32 – 34)

A. General Requirements

1. Personal and primary caregiver cannabis cultivation indoors in a residence or inside a permanent residential accessory structure on the grounds of a residence shall be allowed if it meets the applicable standards in this chapter and complies with all State and County laws.

B. Definitions

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof, as defined by Section 11018 of the Health and Safety Code as may be amended. Cannabis is classified as an agricultural product separately from other agricultural crops or commodities.

Cultivation Room. A fully enclosed and lockable room inside the premises or structure where cannabis is planted, grown, and harvested.

Exception for Medicinal Cannabis Outdoor Cultivation. Process by which a qualified patient, as defined herein, may request an exception to the general prohibition on outdoor cannabis cultivation to cultivate a limited number of medicinal cannabis plants outdoors.

Greenhouse. A structure designed to control the heat and humidity of the growing environment of plants. To be deemed a greenhouse under this section, the structure must be fully enclosed, able to be secured with a lock and have rigid walls and a roof designed to let sunlight through. A greenhouse is subject to all applicable County permitting requirements.

Indoor Cannabis Cultivation. Cultivation of cannabis using artificial lighting inside a structure that can be secured with a lock and which has a permanent floor, walls, and roof. Cannabis cultivation in a greenhouse that conforms to the requirement of this section shall be deemed indoor cannabis cultivation.

Marijuana. See “Cannabis,” above.

Outdoor Cannabis Cultivation. Cultivation of cannabis occurring exclusively outdoors, using natural light and not within a structure. Cultivation inside a hoop house or similar shall be deemed outdoor cultivation.

Personal Cannabis Cultivation or Personal Cannabis. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis in compliance with State and County law by (1) medicinal cannabis patients in accordance with Health and Safety Code Section 11362.77(a) and Business and Professions Code Section 26033(a), as may be amended, or (2) recreational cannabis users in accordance with Health and Safety Code Section 11362.1(a)(3), as may be amended. Such cultivation shall not be considered a commercial activity only as long as it is in compliance with this article and State law.

Primary Caregiver Administrative Permit. A permit that must be obtained by a primary caregiver prior to cultivating for qualified patients or holders of medical marijuana identification cards. This permit shall be issued pursuant to the requirements of Section 28.101 (Administrative Permit) and this section.

Primary Caregiver Cultivation or Caregiver Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis by a designated primary caregiver for up to five qualified patients in compliance with County and State laws, including Health and Safety Code Sections 11362.77(a) and 11362.7(d), as may be amended. Such cultivation shall not be considered a commercial activity only as long as it is in compliance with this section, as well as Business and Professions Code Section 26033(b) and Health and Safety Code Section 11362.765(c), as they may be amended.

Primary Caregiver or Caregiver. An individual designated by a qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient or person, as defined in Health and Safety Code Section 11362.7(d), as may be amended.

Qualified Patient. A person who is entitled to the protections of Health and Safety Code Section 11362.5 and possesses either a medicinal cannabis identification card or a medicinal cannabis physician’s recommendation as defined in Health and Safety Code Sections 11362.7(c) and (f), as may be amended.

C. Personal and Caregiver Cultivation Amounts. The following amounts of personal and caregiver cannabis may be cultivated so long as the cultivation is in compliance with County and State law and regulations and the cultivation standards provided herein:

1. Qualified patients may cultivate up to six mature or 12 immature cannabis plants for their own use inside a private residence, or in a permanent residential accessory structure located on the grounds of a private residence in compliance with the Personal Cannabis Cultivation Standards. Up to three mature or immature cannabis plants may be cultivated outdoors upon obtaining an Exception for Medicinal Cannabis Outdoor Cultivation.

2. A primary caregiver of qualified patients may cultivate up to six mature or 12 immature cannabis plants per qualified patient, inside a private residence, or in a permanent residential accessory structure on the grounds of a private residence in compliance with the Caregiver Cultivation Standards and upon obtaining a Primary Caregiver Administrative Permit.

3. Individuals may cultivate up to six cannabis plants for their own use inside a private residence, or in a permanent residential accessory structure located on the grounds of a private residence in compliance with the Personal Cannabis Cultivation Standards.

D. Personal Cannabis Cultivation Standards

1. Indoor Cannabis Cultivation

a. The indoor cultivation of personal use cannabis must occur within either an inhabited residence or in a permanent residential accessory structure on the grounds of an inhabited residence. The residence must be occupied by the person for whom the personal use cannabis grown on that parcel is intended.

b. The location of indoor cannabis cultivation, drying, curing, trimming, and other processing activities must be in a secured room not accessible to visitors or underage individuals.

c. Gas products (including, but not limited to, CO2, butane, propane, and natural gas) or ozone generators shall not be used in any cultivation room.

d. No open flame or burning of any substance may occur in the cultivation room.

e. In the event electric lights are used in a greenhouse to cultivate cannabis, the lights must be either turned off between the hours of 9:00 p.m. and 6:00 a.m. or the greenhouse must be shielded so that any such light is not visible from a contiguous property.

E. Primary Caregiver Cultivation

1. Primary Caregiver Administrative Permit

a. All individuals who intend to cultivate cannabis as a primary caregiver must obtain a yearly administrative permit from the Department of Resource Management in compliance with the requirements of this section and Section 28.101. The following shall be provided by an applicant, along with any other information required in Section 28.101, in order to process a Caregiver Cultivation Administrative Permit:

(1) Completed Primary Caregiver Administrative Permit application.

(2) Proof of legal ownership of the parcel or written documentation from a landlord that the applicant has permission to cultivate cannabis as a caregiver at the subject location.

(3) Proof of caregiver status and the total number of patients for whom the primary caregiver cultivates cannabis. Information identifying any patient will not be retained and caregiver status shall be verified solely for the purposes of ensuring compliance with and eligibility for a Primary Caregiver Administrative Permit in compliance with Business and Professions Code Section 26162(a).

(4) Plot plan of the parcel where the cultivation will occur, including the location of the cultivation room or greenhouse.

(5) Signed acknowledgment that County personnel will schedule a site visit with the applicant to review compliance with the Primary Caregiver Cultivation Standards, as well as any applicable requirements of the County Code.

(6) Signed acknowledgment that the primary caregiver operation shall not generate traffic in excess of that normally associated with the residential use of the property and that no patients shall visit the site between the hours of 8:00 p.m. and 8:00 a.m.

(7) Signed acknowledgment that the primary caregiver cannabis cultivation site shall not generate noise, odor, dust, glare, vibration, or electrical interference to neighboring properties or constitute a nuisance, or be detrimental to the health, safety, peace, morals, comfort or general welfare of the public.

(8) Signed acknowledgment that a Primary Caregiver Administrative Permit automatically expires after one year, at which time a new permit application must be made, and that no caregiver cultivation may occur prior to issuance of a permit or if the permit has expired.

(9) Signed acknowledgment that a Caregiver Cultivation Administrative Permit may be denied or revoked in the event the cultivation does not occur in compliance with the requirements of County Code and State law.

(10) Payment of a fee, as established by the Board of Supervisors, to recover the reasonable costs of administering this administrative permit program.

2. Primary Caregiver Cultivation Standards

a. Indoor Caregiver Cultivation

(1) Upon obtaining a yearly Primary Caregiver Administrative Permit, a primary caregiver may cultivate medicinal cannabis in an inhabited residence or in a permanent residential accessory structure or a greenhouse on the grounds of an inhabited residence. The primary caregiver cultivating the medicinal cannabis or at least one patient for whom the medicinal cannabis is intended must inhabit the residence.

(2) Window coverings must be utilized in the indoor cultivation room to minimize, to the extent possible, light pollution from grow lights. In the event electric lights are used in a greenhouse to cultivate cannabis, the lights must be either turned off between the hours of 9:00 p.m. and 6:00 a.m. or the greenhouse must be shielded so that any such light is not visible from a contiguous property.

(3) Gas products (including, but not limited to, CO2, butane, propane, and natural gas) or ozone generators shall not be used in any cultivation room.

(4) No open flame or burning of any substance may occur in the cultivation room.

(5) The use of generators or extension cords to power any cultivation equipment is prohibited, except as an emergency back-up system.

(6) Cultivation, drying, curing, trimming, and any other cannabis processing activities must be in a secured area not accessible to visitors or underage individuals.

F. Exception for Medicinal Cannabis Outdoor Cultivation

1. A qualified patient, as defined herein, may request an exception to the general prohibition on outdoor cannabis cultivation to cultivate three medicinal cannabis plants outdoors on a yearly basis. In no case will a qualified patient cultivate more than six mature or 12 immature cannabis plants total on a parcel regardless of whether the patient’s cannabis cultivation occurs indoors or outdoors.

a. To apply for an exception request, the qualified patient must submit the following:

(1) Completed Exception Request form.

(2) Proof of legal ownership of the parcel or written documentation from a landlord that the applicant has permission to cultivate medicinal cannabis.

(3) Proof of qualified patient status. Information identifying any patient will not be retained and patient status shall be verified solely for the purposes of ensuring compliance with and eligibility for an Exception for Medicinal Outdoor Cultivation in compliance with Business and Professions Code Section 26162(a).

(4) Plot plan of the parcel where the medicinal outdoor cultivation will occur, indicating that the outdoor cultivation area is at least 10 feet from any property line and within 150 feet of a residence on the parcel.

(5) Payment of a fee, as established by the Board of Supervisors, to recover the reasonable costs of administering this program.

2. Upon receiving all required information and fees, the County shall provide notice of the exception for Medicinal Cannabis Exception Request to all contiguous neighbors of the parcel for which the exception is requested. This notice shall provide 10 business days for a contiguous neighbor to request a hearing on the exception request. In the event no timely request for a hearing is made, the exception shall be granted. An approved exception shall expire one year after being granted.

3. In the event a hearing is requested by a contiguous neighbor, the Zoning Administrator shall set the exception request for a hearing. Both the contiguous neighbor and the exception request applicant may present relevant evidence and testimony at the hearing:

a. Factors that may be considered by the Zoning Administrator in granting or denying an exception request include, but are not limited to:

(1) Placement of the outdoor cultivation site in relation to structures on the parcel or on contiguous properties;

(2) Physical characteristics of the property proposed for an exception request, as well as contiguous properties;

(3) The presence of sensitive receptors, such as child care facilities and schools; and

(4) History of compliance with County codes and the existence of any code enforcement cases regarding the property.

b. In granting an exception request, the Zoning Administrator may impose any reasonable conditions upon the outdoor medicinal cannabis cultivation.

c. Any decision to grant or deny an exception request shall be in writing and shall become effective on the date of mailing the decision by U.S. Post.

G. Enforcement. It is hereby declared unlawful and a public nuisance for any person to cultivate cannabis for personal, medicinal, or primary caregiver use except as provided for in this chapter. The County may elect to pursue any and all available administrative, civil, or criminal remedies to enforce this section.

(Ord. No. 1788, §3; Ord. No. 1840, §35)

A. Purpose. Battery energy storage system regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the community by establishing regulations for the installation and use of BESS. The regulations herein are intended to protect the health, safety, welfare, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities, and to mitigate the impacts of energy storage facilities on the environment.

B. Definitions.

Behind-the-meter (BTM) battery energy storage system. Refers to a battery energy storage system (BESS) installed on the customer’s side of the utility meter. These systems are designed to support energy use by providing backup power, demand charge management, load shifting, or renewable energy integration.

Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

Decommissioning. The process of removing equipment and other infrastructure associated with a project and restoring the site for viable reuse consistent with the zoning district.

Front-of-the-meter (FTM) battery energy storage system. Refers to a battery energy storage system (BESS) that is directly connected to the transmission or distribution grid and primarily serves wholesale market functions such as grid support, frequency regulation, or energy arbitrage.

IEEE. The Institute of Electrical and Electronics Engineers is a global professional organization dedicated to advancing technology for the benefit of humanity. IEEE develops and maintains international standards in various fields of electrical and electronic engineering, computer science, and related disciplines.

National Fire Protection Association (NFPA). A nonprofit organization that develops and publishes consensus codes and standards intended to minimize the risk and effects of fire by establishing criteria for building, processing, design, service, and installation in the United States and internationally.

NFPA 855. The Standard for the Installation of Stationary Energy Storage Systems is a set of comprehensive guidelines for the safe installation of stationary energy storage systems, including those with lithium batteries. These standards address various aspects of installation to mitigate fire and explosion risks associated with energy storage technologies. It covers topics such as system design, construction, operation, and maintenance to ensure safety and reliability.

Thermal runaway. Refers to an uncontrollable, self-sustaining exothermic chain reaction within a battery energy storage system, initiated by a failure mechanism (e.g., internal short circuit, overcharging, physical damage, or thermal exposure). This reaction results in a rapid increase in cell temperature, leading to the release of flammable electrolytes, generation of toxic gases (e.g., hydrogen fluoride, carbon monoxide), and potential cascading failures to adjacent cells. If unmitigated, thermal runaway may cause fire, explosion, or hazardous material release, posing risks to public safety, property, and the environment.

UL 9540. A standard for energy storage systems and equipment, designed to ensure the safety of these systems and covers their construction, performance, and testing requirements. UL 9540 certification intends to verify that energy storage systems, such as batteries and related equipment, meet safety standards to prevent hazards related to electrical, mechanical, and environmental conditions.

C. Applicability.

1. The requirements of this section shall apply to all front-of-the-meter battery energy storage systems in the unincorporated territory of Solano County that have a rated nameplate capacity equal to or greater than 1,000 kilowatt hours (one megawatt hour).

2. The requirements of this section do not apply to behind-the-meter BESS supporting residential, commercial, agricultural, manufacturing and industrial uses.

D. Land Use and Siting Standards.

1. Zoning districts. Battery energy storage systems may be permitted only in zoning districts that expressly allow BESS under Article II (Districts and Allowable Uses) of this chapter.

2. Natural disaster zone exclusion.

a. BESS facilities are not permitted in very high fire hazard severity zones as determined by Cal Fire within a state responsibility area or a local responsibility area. Applicants must submit mapping of the proposed site demonstrating compliance with this section. If the maps listed are updated prior to permit issuance, the application must be amended to reflect most recent maps.

b. BESS facilities are not permitted in high fire hazard severity zones as determined by Cal Fire within a state responsibility area or a local responsibility area, except for facilities located in the Manufacturing and Industrial (M-L, M-G-1/2, M-G-3, I-WD) and Industrial-Agricultural Service (I-AS) zoning districts. Applicants must submit mapping of the proposed site demonstrating compliance with this section. If the maps listed are updated prior to permit issuance, the application must be amended to reflect most recent maps.

c. BESS facilities are not permitted within a FEMA designated floodplain unless the parcel or developed area where the BESS is to be installed is raised to at least two feet above the base flood elevation (BFE) through engineered fill or equivalent flood protection measures. A conditional letter of map revision (CLOMR) shall be obtained from FEMA prior to site grading or fill, demonstrating that the project will not result in an increase in BFE or adverse floodplain impacts, demonstrating that the proposed project meets all applicable NFIP requirements.

3. Setbacks. BESS facilities shall comply with all state and NFPA 855 requirements related to setbacks and buffers for BESS, and shall also meet the following County requirements. Where NFPA 855, State, and County standards differ, the more stringent standard shall apply. These setback requirements can be increased at the discretion of the Board of Supervisors based on technical studies required as part of the application.

If a risk of thermal runaway is deemed present as defined in subdivision (E)(1) of this section, the following setback standards apply:

a. The minimum distance of a BESS module from any existing sensitive receptor, as defined in California Health and Safety Code § 42705.5(a)(5), is 300 feet.

b. A 30-foot-wide fire rated access road must encircle the entire module array inside a security perimeter fence. There must be a minimum of two entrances to the access road.

c. Setbacks from the front property line to the first BESS module are a minimum of 100 feet.

d. Setbacks from the rear and side property line to the first BESS module are a minimum of 50 feet.

e. Property owners and residents residing on the same parcel as a BESS facility can exempt occupied buildings from distance requirement in subdivision (D)(3)(a) of this section with written approval contained in the project application.

If no risk of thermal runaway is determined as in described in subdivision (E)(1) of this section, state standards and a minimum setback of 20 feet from all property lines form the first BESS module.

f. Property owners and residents residing on the same parcel as a BESS facility can exempt occupied buildings from distance requirement in subdivision (D)(3)(a) of this section with written approval contained in the project application.

4. Security and screening. BESS facilities shall comply with the following security and screening requirements:

a. The facility shall have a nonscalable and transparent perimeter fence of at least 10 feet in height. The perimeter fence shall have at minimum two entrance gates equipped with a rapid access system chosen in consultation with fire agency with jurisdiction over the project site.

b. The facility shall be equipped with a security system to prevent break-ins including cameras and barbed wire that is visible from public roads. The cameras must be monitored 24 hours a day, seven days a week, with any threats immediately reported to law enforcement.

c. The facility shall comply with NFPA 855 specifications related to barriers and buffering.

d. BESS modules shall not be visible from any nonparticipating occupied structure or public right-of-way.

e. Signage shall be located on BESS modules, perimeter fences and any other security barriers. Signage shall include a site map. Signage shall contain 24-hour emergency contact information, product description, site owner and hazard warnings. Signage or maps should identify isolation distances response personnel shall maintain from BESS during an emergency. Signage shall be provided for grid-interactive BESS operating in parallel with other power generating sources. Signage shall be provided indicating explosion hazard zones. Signage must be compliant with all NFPA 704 standards.

5. Sound levels. The average noise generated from a BESS facility, its components, and associated ancillary equipment, measured at the occupied structure or public right-of-way, shall not exceed 65 decibels.

6. Hours of construction. Any construction related to a BESS facility shall only occur within the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday.

7. Below grade interconnection. All on-site utility lines shall be placed underground to the extent feasible, except for the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and right-of-way as required.

8. Site plan. A site plan is required and shall include the following information. Additional information may be requested by the County:

a. Property lines and physical features, including roads, for the project site.

b. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

9. Road Maintenance. BESS facilities shall be subject to the Solano County road improvement standards and land development requirements. Additionally, the applicant shall coordinate with Public Works Engineering to establish the necessary road damage agreements with surety, as determined by the County.

E. Battery Chemistry Technology.

1. Best available technology. BESS facilities shall utilize commercially available battery technologies that minimize the risk of thermal runaway. Applicants are strongly encouraged to select technologies with no or low thermal runaway risk. All BESS applications must include third-party written documentation evaluating whether the proposed battery technology poses a risk of thermal runaway.

a. If the proposed battery technology is determined by the County to present a thermal runaway risk, the applicant shall submit a comprehensive technology comparison analysis. This analysis must include, at a minimum: A techno-economic comparison of alternative battery technologies based on publicly available information; an assessment of hazardous chemicals involved in the event of thermal runaway, qualitative and quantitative risk analysis of thermal runaway; a thermal runaway plume modeling analysis; and any additional information deemed necessary by the Director of Resource Management.

b. If the proposed battery technology is determined by the County to present no risk of thermal runaway, applications are exempt from the requirements in subdivisions (D)(2), (F)(3), (F)(4), (J)(4)(e) and (J)(4)(f) of this section. Applicants must instead submit the following: third-party verification of system stability (e.g., material safety analysis, abuse tolerance testing results) and basic chemical hazard documentation to demonstrate no risk of hazardous emissions or thermal runaway propagation.

c. Within the Commercial-Service (C-S) zoning district, the proposed battery technology must present no risk of thermal runaway. Applications for BESS facilities that present a thermal runaway risk are not permitted in the C-S zoning district.

2. Owner responsibility for thermal runaway. BESS facility owners must reimburse Solano County and emergency response agencies, including fire agencies, for all costs associated with a thermal runaway event. This includes thermal runaway response costs, as tracked by the emergency response agency with jurisdiction over the incident command team. In the event of thermal runaway, the fire agency having jurisdiction over the site will oversee and coordinate subject matter experts conducting a root cause analysis, with costs borne by the BESS facility owner.

The BESS facility owner must also reimburse costs of an assessment of damage to the environment, agriculture, residents, and businesses conducted by one or more third-party consultants selected by the County and all testing, damages and remediation conducted by responsible entities that is required to return all sites in the path of the plume caused by thermal runaway to the previous condition after thermal runaway incident or other hazardous incident.

F. Impact Mitigation Measures. A BESS applicant may be subject to mitigation measures at the discretion of the County including, but not limited to, the following. The County may exempt a BESS applicant from the following mitigation measures if a determination is made that the proposed battery chemistry does not have a risk of thermal runaway.

1. Annual contribution for fire response equipment as deemed necessary by the Solano County Office of Emergency Services to respond to a BESS emergency event. System manufacturer shall provide a list of recommended equipment for addressing a thermal runaway incident.

2. Annual contribution for training of all Solano County emergency response agencies and mutual aid partners for BESS emergency response, as determined by the County.

3. Contribution to radio interoperability to assist in efficient and effective BESS emergency response, as determined by the County.

4. Contribution to support a consolidated fire and medical public safety answering point for efficient and effective BESS emergency response, as determined by the County.

5. Confirmation that point of sale for all BESS project equipment is located in unincorporated Solano County.

G. Cybersecurity. BESS facilities must comply with Solano County Office of Emergency Services “Emergency Response Plan Guidance” document. Although not all decisions regarding cybersecurity can be expected to be made prior to land use permits being issued, project applicants shall to agree to comply with all requirements in “Emergency Response Plan Guidance” document.

H. Safety Standards and Certifications.

1. Safety requirements.

a. The following must be included in a BESS application submittal:

(1) A preliminary emergency response plan that includes site access, equipment locations and potential hazards for responders in addition to any other requirements. This document can be edited, after land use permits are approved, with written approval from emergency response agencies with jurisdiction over the project. A final emergency response plan, with written approval from the emergency response agency with jurisdiction over the project, must be submitted prior to issuance of any building permits.

(2) A report documenting coordination to-date with emergency response organizations in developing the required emergency response plan in compliance with Solano County Office of Emergency Services “Emergency Response Plan Guidance” and all applicable State laws.

(3) A plan for offering site-specific training to the fire service and emergency personnel prior to commencing operation.

(4) A hazard mitigation analysis if required by NFPA 855.

(5) A comprehensive technology comparison analysis, if applicable under subsection (E) of this section.

(6) A financial assurance plan, including a battery cell manufacturer responsibility agreement and liability insurance policy for thermal runaway events and other hazardous incidents.

(7) A description of cybersecurity risks and mitigation measures associated with BESS modules, the battery management system, and active and passive fire and explosion detection systems.

(8) Submitted plans and documents must be under the signature and seal of a California licensed design professional.

(9) HMA, fire risk analysis, fire suppression and deflagration protection analysis submittals shall be from a California licensed fire protection engineer approved by the emergency response agency with jurisdiction over the project site per California Fire Code (CFC) Section [A]104.7.2 as it may be amended. Submittals will require signature and seal.

(10) Fire protection system submittals such as fire suppression and water supply shall include a C-16 – Fire Protection Contractor of Record.

(11) Fire alarm systems, fire detection, gas detection shall include a C-10 – Electrical Contractor of Record.

(12) Final approvals of any BESS or safety-related equipment that has routine maintenance requirements according to the code or manufacturer’s instructions will not receive approval until a maintenance plan has been submitted to the emergency response agency with jurisdiction over the project site. Maintenance must comply with NFPA 68, NFPA 69, and NFPA 72.F.

(13) Once an application is accepted for review, any updated submittals during the period of review, installation and final inspections must either be signed and sealed by the design professional of record, or a cover letter signed and sealed by the design professional of record shall accompany the submittal, attesting that the updated information conforms to the overall design and code requirements.

(14) Documentation of a dedicated fire water supply is required. This requirement can be waived if the Director of the Department of Resource Management in conjunction with the fire agency having jurisdiction over the project that a water supply is not required. The request to omit a water supply shall be in accordance with NFPA 855 and must be validated by the approved hazard mitigation analysis. Where municipal water supply is not available, and a water supply is determined necessary, the provided water supply quantity shall be determined by the hazard mitigation analysis. Rural water supply installations shall comply with NFPA 22.

(15) Applicant must provide funding to the air quality district with jurisdiction over the project site to establish 10 or more permanent air monitors, at distances and elevations determined by the air quality district with jurisdiction over the project site to detect harmful constituents, hazardous to human life or wildlife, emitted as a result of thermal runaway as determined by the air quality district with jurisdiction over the project site. The number of sensors deployed will be determined by the air quality district with jurisdiction over the project site. If a thermal runaway incident occurs or air monitors detect hazardous constituents, a County staff contact as determined by the County will be notified. After an incident, related to BESS thermal runaway or otherwise, County staff will have access to the raw, unfiltered data from the air monitors.

(16) BESS operator will submit a comprehensive annual report to County staff as designated by the County consisting of, but not limited to: the number of threats made to the site, the number of trips of the site security system, the number of hazardous incidents at the site, the number of fire and law responses to the site, soil testing on site and the surrounding properties for hazardous chemicals existing in the battery system, air monitor results. This list can be supplemented and modified by County staff at any time.

(17) Front-of-the meter BESS modules will not be permitted indoors.

b. Applicants must make a commitment in writing that the proposed BESS facility will comply with the latest published version of the NFPA 855, Standard for Installation of Stationary Energy Storage Systems, and UL 9540, Energy Storage System Requirements, at the date of the submission of the application in addition to any specific requirements set forth herein:

(1) All technical studies, hazard mitigation analysis and planning documents required by SB 38, NFPA 855 and the County must include both a probable scenario of limited thermal runaway and possible scenarios of simultaneous thermal runaway in all site modules at once, and shall address hazards as outlined in the “Emergency Response Plan Guidance” to the site and mitigation measures deployed.

(2) Applicants must submit technical studies prepared by a third-party fire protection engineer selected by the County detailing the proposed fire safety features of the design, operation, and use of the BESS. Changes in installation configuration from the initial UL 9540A cell, module, and unit level test and the separate large scale fire testing, including internal architecture of modules and units will not be accepted unless it is demonstrated that the configuration provides equivalent results. Fire safety features must include mechanisms for maintaining the temperature and humidity ratings of the listing.

(3) Technical studies prepared by a third-party fire protection engineer, which the County has the discretion to select, must account for setback requirements and best practices from residential buildings and sensitive receptors. Technical study must include estimated impacts to property values and insurability of properties potentially impacted by a plume caused by thermal runaway.

(4) Technical studies prepared by third-party subject matter experts, which the County has the discretion to select, must include plume modeling and toxic gas dispersion analysis, specifically addressing impacts on missions and flight paths of Travis Air Force Base and other Solano County airports.

(5) Technical studies prepared by third-party subject matter experts selected by the County analyzing the chemical composition of BESS fire emissions and associated human, wildlife and environmental hazards, specifically at which distances emission impacts will be hazardous.

(6) Technical studies prepared must analyze runoff of water and fire suppression liquid associated impacts to groundwater, wildlife, waterways, and the environment. If determined to be required by County staff, site plans must include a system for capturing runoff water, whose size requirements will be determined based on technical studies in consultation with County and fire agency with jurisdiction over the project site, for water or fire suppressant liquid that may be used by first responders during thermal runaway incidents, and a geo-lined impermeable layer under all BESS modules. The retention basin must be emptied the same day if filled by rain or flood water. If thermal runaway occurs, five samples of fire suppressant liquid or water utilized must be taken by third-party subject matter expert selected by the County and mitigation measures will be taken to reduce the adverse impact by third-party subject matter experts selected by the County, with the costs being paid for by the site owner.

(7) BESS facilities must have active and passive fire and explosion detection systems in place, including gas detectors that meet UL 9540A, NFPA 72, and NFPA 69 standards. These systems must be able to detect explosive gases, trigger alarms, and initiate ventilation systems to mitigate risks from thermal runaway.

(8) Battery management system (BMS) must be approved and meet manufacturer’s specifications. The BMS must transmit signals to an approved location if hazardous conditions are detected and be monitored 24 hours a day, seven days a week. BMS documentation must identify security risks and potential threats, along with the mitigation measures implemented to reduce each identified risk.

(9) A combustible gas concentration reduction system compliant with NFPA 855, NFPA 69, UL 9540, and CFC that has undergone UL 9540A testing will have the ability to be automatically activated.

I. Decommissioning.

1. A BESS applicant shall provide a decommissioning plan that complies with the following requirements with their building permit application submittal. The decommissioning plan shall include any agreements reached between the applicant and other landowners of property on which the BESS is sited that ensures the return of all such properties to a useful condition, including removal of above-surface facilities and infrastructure that have no ongoing purpose. Land that was used for agricultural production within the 10 years prior to BESS construction must be restored to a condition conducive for agricultural production.

2. The decommissioning plan shall also include the following:

a. An overview of the decommissioning process developed specifically for the BESS that is to be decommissioned.

b. Roles and responsibilities for all those involved in the decommissioning of the BESS and their removal from the site.

c. Plans and specifications necessary to understand the BESS and all associated operational controls and safety systems, as built, operated, and maintained.

d. A detailed description of each activity to be conducted during the decommissioning process and who will perform that activity and at what point in time.

e. Procedures to be used in documenting the BESS and all associated operational controls and safety systems that have been decommissioned.

f. Guidelines and format for a decommissioning checklist and relevant operational testing forms and necessary decommissioning logs and progress reports.

g. A description of how any changes to the surrounding areas and other systems adjacent to the BESS, including, but not limited to, structural elements, building penetrations, means of egress, and required fire detection and suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed.

3. The decommissioning plan shall include insurance for bankruptcy in the form of a bridge policy. The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash. The amount of the financial assurance shall not be less than the estimated cost of decommissioning the energy facility, after deducting salvage or recycling value, as calculated by a third party with expertise in decommissioning, which the County has the discretion to select and paid for by the applicant. The entire financial assurance must be posted by the start of full commercial operation of the BESS facility.

4. Ownership changes. If the owner of a BESS facility changes, or the owner of the property changes, project approvals shall remain in effect; provided, that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and decommissioning plan. A new owner or operator of the BESS facility shall notify the Department of Resource Management of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Department of Resource Management in writing. The project and all approvals for the BESS facilities will be void if a new owner or operator fails to provide written notification to the Department of Resource Management in the required time frame and fines may be issued to new owner. Reinstatement of a voided project or approvals will be subject to the same review and approval processes as new BESS applications under this chapter.

5. Manufacturer responsibility. A BESS application must include an agreement stating the facility owner’s responsibility to recover and recycle battery cells upon decommissioning.

J. Permitting.

1. Technical review fund. Applicants will provide two payments established by the County; one payment prior to conducting a preapplication meeting and a second payment with initial application for County to retain the services of third-party experts to review and process the application, with unused fees reimbursed upon completion of permitting process or withdrawal of a pending application. Additional fees may be required by the County as established in the County’s adopted fee schedule.

2. Required preapplication meeting. Prior to the submittal of an application, the applicant must request a preapplication meeting to allow discussion and review by County staff, public agencies and third-party subject matter experts.

3. Use permit approval. Applications for BESS permits shall be approved in accordance with Section 28.106, except that the application shall be scheduled for public hearing before the Planning Commission for its recommendation and then the Board of Supervisors for final action.

4. Site plan. The requirements listed in this subdivision are not required for the issuance of a land use permit. Prior to issuance of a building permit, BESS applicants shall submit documentation that contains at minimum:

a. An electrical diagram detailing the BESS layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

b. A preliminary equipment specification sheet that documents the proposed BESS components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of the building permit.

c. Name, address, and contact information of proposed or potential system installer, the owner and operator of the BESS facility, and liability insurance provider.

d. A commissioning report meeting the requirements of NFPA 855 shall be submitted prior to final inspection.

e. Large-scale fire testing reports, per UL9540A, of the batteries used in the energy storage systems shall be provided for cell, module and unit levels.

f. Documentation that separate fire protection permits will be obtained for each battery enclosure.

g. Documentation that separate fire alarm permits will be obtained based on the proposed design for monitoring all the fire suppression systems.

h. Prior to construction, soil testing conducted must include measuring for baseline content for heavy metals present in thermal runaway plume and off-gassing. Prior to construction, air quality testing must measure baseline content for heavy metals present in thermal runaway plume and off-gassing.

i. Documentation of soil corrosivity at project site is required. If soil is determined to be highly corrosive by a third-party expert, mitigation measures may be required to combat degradation. Annual inspection and report on grounding system condition and maintenance of the grounding system are required.

j. Fault line analysis shall be included and shall include: risks associated with seismic activity, mitigation measures employed, and history of seismic activity at the project area.

k. All batteries integrated within the BESS shall be listed under UL 1973. The BESS equipment and configuration shall be listed and tested in accordance with UL 9540A large scale fire testing, either from the manufacturer or by field evaluation.

l. Communications and battery management systems shall be listed and compliant with UL 1741, UL 9540, IEEE 2686, and IEEE 2688 standards.

5. Review of augmentation plans.

a. BESS applications may include a plan for periodic augmentation to maintain the capacity of the system or nominally increase the capacity of the system for approval as part of the initial site plan application. Any augmentation greater than 10 percent of initial nameplate capacity will require a use permit amendment subject to Planning Commission approval. Augmentation greater than 20 percent will require a new use permit application. Any utilization of reused battery modules shall require the submission of an augmentation plan and is subject to approval by the Director of Resource Management with concurrence of Office of Emergency Services.

b. The owner of an operating BESS facility shall provide notice to the Department of Resource Management at least 90 days prior to the commencement of augmentation activities at the site of the BESS facility. The owner shall also provide an updated site plan that identifies any changes resulting from augmentation of the battery energy storage system.

(Ord. No. 1864, §6)