SB County to Act on New Precautions for Approving Solar Projects

Posted on the 02 December 2013 by Jim Winburn @civicbeebuzz

SAN BERNARDINO – The San Bernardino County Board of Supervisors will discuss proposed amendments to the county’s Development Code at Tuesday’s meeting that, if passed, would end the countywide moratorium on commercial solar energy generation projects.

The proposed ordinance to amend the county’s Development Code is intended to establish additional requirements for approving renewable energy generation facilities, while also establishing an annual fee to mitigate the impact of these facilities on county safety services.

Land Use Services Department Director Tom Hudson recommends in his report that the board adopt the findings – as recommended by the Planning Commission at its Oct. 17 meeting – and schedule the final adoption of the ordinance for Tuesday, Dec. 17 on the consent calendar.

In his report Hudson comments on the financial impact of the ordinance, which he explains “may increase General Fund revenue generated from construction that would occur upon termination of the temporary moratorium on commercial solar energy generation facilities.”

The board of supervisors adopted a temporary moratorium on the approval of solar energy projects on June 12 – pending the adoption of amendments to the county’s development code. However, the moratorium was extended on July 23 for 10 months and 15 days.

But according to an Oct. 17 staff report by Planning Director Terri Rahhal, “the board directed that an ordinance amending the commercial solar energy project development regulations of the development code be proposed to end the moratorium within six months.”

Rahhal stated in her report that the proposed ordinance is a “first step toward the long term work” on the renewable energy planning that is required for the county’s Renewable Energy Element (which the county received grant funding from the California Energy Commission to prepare the Renewable Energy Element for its County General Plan).

According to her report, the Renewable Energy Element program will establish “a comprehensive body of policies and standards to guide all development of renewable energy in the county,” and is slated for completion by the end of 2014.

* * *

Hudson’s report noted that under the proposed ordinance, the Planning Commission will be required to find – based on evidence presented by the developer – that the project would be compatible with existing and planned land uses, and that the project would not impact sensitive resources, such as scenic views, habitat, agricultural soils, and air quality.

The ordinance also contains augmented project notice procedures to ensure adequate public notice of new applications, including revision applications, a special use permit requirement to ensure on-going compliance with conditions of project approval, and a financial security to guarantee the cost of decommissioning the project and restoring the site in the event of abandonment, his report stated.

According to Hudson, the Planning Commission and participants in the Oct. 17 public hearing brought up several issues and recommendations that county staff intend to address in the more detailed analysis of the Renewable Energy and Conservation Element, which include the following:
– Economic impacts of proposed projects.
– Potential further refinement of the County application process.
– Review of scientific studies of the unintended effects of renewable energy projects.
– Potential tracking methods and GIS applications for cumulative impact analysis.
– More precise definition of siting criteria, which may include re-zoning, establishment of an overlay district, or other methodologies.

The ordinance also establishes annually-assessed fees to mitigate the costs of providing public services to commercial solar energy generation facilities, the report stated.

The proposed amendment to the San Bernardino County Code regarding Public Safety Service Impact Fees states that “the developer of an approved commercial solar energy generation facility shall pay an annual public services impact fee on a per acre basis based on a project-specific study of the project’s public safety services impacts, which study shall be paid at the developer’s expense, using a consultant approved by the County.”

The proposed fees are $580 per acre for 0-4.99 acres, $280 per acre for 5-14.99 acres, and $157 for 15 acres or greater.

* * *

The public session of the San Bernardino County Board of Supervisors meeting takes place 10 a.m. Tuesday, Dec. 3 in the Covington Chambers, First Floor, County Government Center, 385 North Arrowhead Avenue in San Bernardino.

Preview Tuesday’s agenda at cob-sire.sbcounty.gov.