To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
RPCA Solar 5, LLC, Conditional Use Permit Extension & Modification
Assessor Parcel Numbers 313-091-019 & 313-091-020
Record No’s.: PLN-2020-16320 (original project)
PLN-2026-19505 (extension & modification)
Alton Area
Extension and Modification of a previously approved Conditional Use Permit (PLN-2020-16320). The original Use Permit was approved by the Planning Commission on April 21, 2021, and authorizes development of a commercial solar photovoltaic power generation facility occupying approximately 27 acres of a 39-acre agriculturally zoned property. The modification requests modest expansion and reconfiguration of the development footprint and road system to include a fenced area of approximately 28-acres and reduction of the setback from a seasonal wetland feature from 150 feet to 50 feet. No other changes to the original project are proposed. The project would install and operate an assemblage of photovoltaic modules and inverters capable of generating approximately four (4) megawatts (MW) of power. Equipment would be mounted on a steel racking system anchored into the ground using driven steel piers. The overall height of the array would be no more than 8-feet tall as measured from existing grade. If approved, the extension will expire April 16, 2029. This is the third extension request received to date.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1 - Adopt the resolution, (Attachment 1) which does the following:
2 - Finds the Planning Commission has considered the Mitigated Negative Declaration previously adopted in 2021 during initial approval of the Conditional Use Permit
The proposed project does not present substantial changes requiring revision to the previously adopted Mitigated Negative Declaration.
3 - Finds that the findings made when the permit or variance was originally granted can still be made.
4 - Finds the project complies with the General Plan and Zoning Ordinance; and
Approves the RPCA Solar 5, LLC Conditional Use Permit extension and modification subject to the Conditions of Approval, Mitigation Monitoring & Reporting Program, and modified site plan (Attachments 1A,1B & 1C).
Body
DISCUSSION:
Project Location: This project is located in the Blue Lake Area at the end of Hatchery Road on property known as 1195 or 1617 Hatchery Road.
Present General Plan Land Use Designation: Agricultural Exclusive (AE) Density: sixty acres per dwelling unit, Slope Stability: Low instability (1)
Present Zoning: Unclassified (U)
State Appeal: Project is NOT located within the Coastal Zone.
Major Concerns: None.
Monitoring Required: None.
Executive Summary: The project involves a request for Extension and Modification of a previously approved Conditional Use Permit (PLN-2020-16320). The original Use Permit was approved by the Planning Commission on April 21, 2021, and authorizes development of a commercial solar photovoltaic power generation facility occupying approximately 27 acres of a 39-acre agriculturally zoned property. The project would install and operate an assemblage of photovoltaic (PV) modules and inverters capable of generating approximately four (4) megawatts (MW) of power. Equipment would be mounted on a steel racking system anchored into the ground using driven steel piers. The overall height of the array would be no more than 8-feet tall as measured from existing grade. This is the third extension request received to date. If approved, the extension will expire April 16, 2029.
The modification involves modest expansion and reconfiguration of the development footprint and road system of a commercial solar project, in response to topographic challenges discovered during detailed survey work of the property performed following the original approval. The revised design includes a fenced area of approximately 28-acres and reduction of the setback from a seasonal wetland feature from 150 feet to 50 feet. No other changes to the original project are proposed.
Staff have added and amended the original Conditions of Approval to address agency feedback on the modification and ensure the require findings can be made. Condition A2 has been modified to better clarify the requirement for installing new electrical lines underground. Conditions A3, A4, C2 have been added to capture the required elements of the Decommissioning Plan, lighting, and fencing requirements. C4 has been added which prohibits mowing of certain areas during the blooming period (March-August) to ensure that the proposed pollinator habitat is available for pollination during these periods.
Biological Resources: The applicant is proposing to reduce the wetland buffer from 150 to 50 feet to accommodate approximately 4,450 square feet of development, composed of PV arrays and a new access road. The new development footprint would continue to comply with standard buffer requirements found in the Streamside Management Area and Wetlands Ordinance (SMAWO), which prescribe a 50-foot buffer from seasonal wetlands. Approximately 21.2 acres (92%) of the reconfigured footprint remains located within areas already authorized for development under the original project approval. The proposed reconfiguration would result in approximately 4,450 square feet of the project occurring within 50 to 150 of a seasonal wetland on the parcel. This area represents less than 1% of the overall development footprint (23 acres / 1 million sq ft.). A comparison of the original and revised site plans is included under Attachment 2.
Attachment 5A includes an Aquatic Resources Field Verification Memo provided by the applicant. Staff from the Department of Fish & Wildlife (CDFW) have reviewed the proposed changes and are supportive of the project, recommending that the seasonal wetland be protected from grazing pressure by installation of exclusionary fencing. The applicant is agreeable to incorporating additional fencing where necessary and a Condition of Approval covering this (Condition C5) has been added.
Agricultural Resources: The property is zoned Unclassified and planned Agriculture Exclusive and is comprised of approximately 39 acres relatively flat grassland that has been managed as pasture for over 100 years. Both the General Plan and Zoning Regulations identify “Utilities & Energy Facilities” as an “allowable” use on lands designated and zoned AE (Agriculture Exclusive), subject to a Conditional Use Permit. This is balanced with policies, implementation measures and standards that call for preservation of agricultural land and prime soils. The following General Plan policies are applicable to the proposed project:
AG-P6. Agricultural Land Conversion - No Net Loss
AG-P16. Protect Productive Agricultural Soils.
Both are designed to protect AE lands from conversion to non-agricultural uses and loss of productive agricultural soils. The proposed solar installation has been designed to minimize the footprint of new impervious surfaces which are confined to piles supporting the panel arrays and concrete pads below electrical equipment. Areas under the solar panels would remain vegetated and pervious. While decommissioning and restoration of the site is proposed at the end of its useful life, the conversion could extend from 25 to 35 years or perhaps longer if the facility is repowered.
Additional Conditions of Approval (Conditions A4 & A5) have been included to ensure that the facility is ultimately decommissioned at the end of its useful life, and that the site must be fully restored to its original pre-project condition.
To offset the temporary reduction in grazing during the project lifetime, a mitigation measure (MM AG-1) has been included, requiring preparation and implementation of an Agricultural Management Plan for the property, to maintain continual operation of agricultural uses during the lifespan of the project. This could include sheep grazing, the keeping of honey bees, and planting of row crops, on a rotational basis. The plan must also include planting and maintenance of locally appropriate native plants during rotational periods, focusing on species that provide the greatest value to bees, moths, butterflies, and other native pollinators. The project plans to install pollinator habitat within the 23-acres of the property that will be occupied by the proposed arrays. CDFW supports mowing and/or grazing of these areas.
There is a growing understanding that agriculture and photovoltaic systems can effectively co-exist, effectively sharing the same sun resource. The term “agrovoltaic” has been applied to this practice. Two other projects have been approved in recent years on agricultural properties in the unincorporated area of the county, this includes a project in the Arcata bottoms and one in the Alton area.
Tribal Consultation: The project was referred to the Northwest Information Center, the Blue Lake Rancheria, the Bear River Band of the Rohnerville Rancheria, and the Wiyot Tribe. A Cultural Resources Investigation was conducted in 2020 as part of the original Conditional Use Permit, PLN-2020-16320. The investigation did not discover any tribal cultural resources but did identify an area with newer historic-period resources associated with cattle grazing, including a water pump, cattle trough, wood poles, and a wood post. The project includes a Mitigation Measure (MM CULT-1) requiring that a Cultural monitor be present should any of these resources require removal or disturbance during installation of the PV arrays, to insure no subsurface archaeological deposits present beneath the historic-period cultural resource. Even if this area is avoided, the standard protocol for Inadvertent Discoveries Protocol is included in the Conditions of Approval and would govern any other scenarios where cultural resources are encountered during project development (Condition D2).
Environmental Review: A Mitigated Negative Declaration (SCH# 2021010092) was previously adopted by the Planning Commission on April 21, 2021, during approval of the original project. It can be found under Attachment 4. The project involves a modest change in footprint and the changes have been designed to comply with all of the adopted mitigation measures. It is therefore fitting that the Commission find that no further environmental review is required.
OTHER AGENCY INVOLVEMENT:
Given the minimal changes proposed, a limited number of agencies were consulted. All responding agencies have either responded with no comment or recommended approval or conditional approval. California Department of Fish & Wildlife comments are included in Attachment 6.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect to add or delete conditions of approval. The Planning Commission could deny the project if unable to make all the required findings. Staff has concluded the required findings in support of the proposal can be made. Consequently, staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Mitigation Monitoring and Reporting Program
C. Revised Site Plan
2. Approved Site Plan & Site Plan comparison
3. Location Mapping
4. Previously Adopted Mitigated Negative Declaration (SCH# 2021010092)
5. Applicant’s Evidence in Support of the Required Findings
A. Aquatic Resources Field Verification Memo
6. California Department of Fish & Wildlife Comments
APPLICANT AND OWNER INFORMATION:
Applicant:
RPCA Solar 5, LLC
Stephanie Loucas / Ryan Nyberg
44 Montgomery Street #3150
San Francisco, CA 94104
Owner:
Victor Guynup Trust and Dorothea Guynup Trust
Guynup Humboldt County Ranches LLC CO
P.O. Box 3457
Eureka, CA 95502
Please contact Steven Lazar, Senior Planner, at slazar@co.humboldt.ca.us <mailto:slazar@co.humboldt.ca.us> or (707)268-3741 for questions about this scheduled item.