TO: Airport Land Use Commission
FROM: Brian D. Bordona, ALUC Executive Officer
REPORT BY: Wendy Atkins, ALUC Staff Liaison
SUBJECT: ALUC Consistency Determination for the Laketricity Commercial Floating Solar Use Permit, Zone Change, and Variance (P24-00047-ALU)
RECOMMENDATION
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ALUC CONSISTENCY DETERMINATION FOR THE LAKETRICITY COMMERCIAL FLOATING SOLAR USE PERMIT (P24-00047-ALU)
Request: Airport Land Use Compatibility Plan Consistency Determination for the proposed Laketricity Commercial Floating Solar Use Permit, Zone Change, and Variance (P24-00047). The project is located on at 1515 Soscol Ferry Road, Napa, CA 94558, on parcels of approximately 163.59 acres and 327.0 acres within the AW (Agricultural Watershed) zoning district. APNs 057-050-003-000, 057-010-010-000, 057-050-006-000, 057-010-038-000, 057-010-039-000, 046-400-016-000, 046-400-011-000, 046-400-057-00, and 046-400-004-000.
Staff Recommendation: Find the project consistent with the Airport Land Use Compatibility Plan.
Staff Contact: Wendy Atkins; wendy.atkins@countyofnapa.org; (707) 259-8757
Applicant: Eva Pauly-Bowles; (707) 658-4596; epauly@laketricity.eu
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EXECUTIVE SUMMARY
Proposed Action:
That the Airport Land Use Commission find and determine that the proposed Laketricity Commercial Floating Solar Use Permit (P24-00047) is consistent with the Napa County Airport Land Use Compatibility Plan (ALUCP).
Discussion: The proposed Laketricity Commercial Floating Solar project consists of the construction of approximately 56-acres of floating solar panels on Napa Sanitation District’s existing wastewater ponds. The proposed commercial solar facility will produce approximately 34.7 megawatts (MW) of direct current electricity, converted to 24.5 megawatts (MW) of alternating current electricity. The proposed project includes approximately 2-miles of electrical transmission lines, with portions constructed above and below ground. The electrical transmission route will consist of 51 transmission line towers ranging in height from 38.5 feet to 74.5 feet tall. The proposed project will require the creation of one 0.13-acre electrical substation located on the northern portion of the Napa Sanitation District’s existing wastewater ponds and the 0.9-acre expansion of an existing Pacific Gas and Electric (PG&E) “Tulucay” electrical substation located on Anderson Road. The expansion of the PG&E electrical substation will require approximately 24,700 cubic yards of earthwork.
• The construction of the 56-acre commercial solar facility, 42 of the proposed electrical transmission towers, 0.13-acre new electrical substation, and the approximately 24,700 cubic yards of earthwork associated with the 0.9-acre expansion of an existing Pacific Gas and Electric (PG&E) “Tulucay” electrical substation located on Anderson Road are within the permitting jurisdiction of Napa County. The project includes a request to change the Zoning District of the developed portions of the project parcels from Agricultural Watershed: Airport Compatibility (AW:AC) to Public Lands: Airport Compatibility (PL:AC) to support the establishment of a Commercial Solar Facility. The project includes a request for a height Variance to construct above ground portions of the transmission lines taller than the Zoning District’s maximum height of 35 feet. The Variance requests relief of the height standards to establish 42 transmission line towers and their associated transmission lines, within the jurisdiction of Napa County, at a height varying between 38.5 feet and 74.5 feet tall. A Lot Line Adjustment is proposed between Assessor Parcel Numbers 046-400-004-000 and 046-400-057-000, to accommodate the PG&E electrical substation expansion.
• The installation of 8 electrical transmission towers and the undergrounding of approximately 1,800 feet of electrical transmission lines are within the permitting jurisdiction of the California Department of Transportation (CalTrans).
• The electrical equipment associated with the 0.9-acre expansion of an existing Pacific Gas and Electric (PG&E) “Tulucay” electrical substation, located on Anderson Road, and one Point of Connection Outside (POCO) transmission tower are within the permitting jurisdiction of the California Public Utilities Commission (CPUC).
ALUC Review: The obligations of CalTrans and the CPUC to comply with the ALUCP are not entirely clear, however, any determination by the ALUC regarding the portions of the project subject to the jurisdictions of these state agencies will have value as advisory opinions, even if they may not have the same force. The state agencies can, and often will, take those advisory determinations into consideration.
Recommendation: That the Airport Land Use Commission find and determine that the proposed Laketricity Commercial Floating Solar Use Permit, Zone Change, and Variance (P24-00047-ALU) is consistent with the Napa County Airport Land Use Compatibility Plan (ALUCP).
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The ALUC's Consistency Determination does not meet the definition of a "project" as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and, therefore, CEQA is not applicable. The ALUC is only making a finding of consistency with regards to airport compatibility regulations and is not responsible for approving or undertaking the project. The County of Napa is the Lead Agency responsible for carrying out the project and the County has prepared a Mitigated Negative Declaration (2024) (State Clearinghouse #2024040604, the County will determine if any additional required CEQA findings need to be made before taking final action on the proposed Laketricity Commercial Floating Solar project.
BACKGROUND AND DISCUSSION
Airport Land Use Consistency Factors:
1. Location - The approximately 56-acre floating solar panel array is proposed to be installed atop existing wastewater settling ponds located at the Napa Sanitation District facility on APNs 057-010-010-00 and 057-050-003-00. The Napa Sanitation District parcels are approximately 327.0 and 163.59 acres in size and include a wastewater treatment facility and associated infrastructure. Access to the floating solar array parcels is located off of Soscol Ferry Road, approximately 0.1 miles due south of the boundaries of the City of Napa and approximately 1.5 miles due north of the City of American Canyon. The proposed transmission route is south of the boundaries of the City of Napa. The proposed PG&E electrical substation expansion is approximately 0.15 miles due east of the boundaries of the City of Napa. All aspects of the proposed project are located within Airport Land Use Compatibility Zone D which is characterized as an area of routine overflight with frequent single-event noise intrusion. Airport overflights typically range from 300 ft. to 1,000 ft. above the ground. The proposed project was reviewed by both the Napa County Airport as well as the Federal Aviation Administration (FAA), who, with conditions determined that the project could be compatible with current and future airport operations and flight patterns.
2. Land Use -Zone D allows for a wide range of non-residential land uses with population densities not to exceed 100 persons per acre within structures and 150 persons per acre total on site. The proposed project consists of a request to change the zoning designation of the developed portions of the Napa Sanitation District parcels from Agricultural Watershed: Airport Compatibility (AW:AC) to Public Lands: Airport Compatibility (PL:AC) to support the establishment of a Commercial Solar Facility. In addition, the Variance requests relief of the height standards to establish 51 transmission line towers at a height varying between 38.5 and 74.5 feet tall. The aeronautical study conducted by the Federal Aviation Administration Obstruction Evaluation Group found the solar panel floating solar array 1, solar panel floating solar array 2, Transmission Line Tower MV aerial poles, Transmission Line Tower POCO, and Transmission Line Tower Poles do not exceed obstruction standards and would not be a hazard to air navigation provided a required FAA Form 7460-2 Notice of Construction or Alteration is e-filed within 5 days after the construction reaches its greatest height. There are no specific provisions in the ALUC for solar arrays; however, the project has come before the ALUC for compatibility review and the project was found to not pose a hazard by both the FAA and Napa County Airport, with recommendations (being implemented as Conditions of Approval for P23-00331-UP) and, as such the project could be determined as compatible use within the AIA.
3. Concentrations of People - The ALUCP Airport Vicinity Land Use Compatibility Criteria, Table 3-2, sets a maximum concentration of people in Zone D at 100 persons per acre. The proposed Laketricity Commercial Floating Solar project will not increase the intensity over existing uses. The project is limited to the installation of solar panels and transmission lines, which will not impact concentrations of people. Therefore, the project could be considered compatible with the requirements relating to concentrations of people within the AIA.
4. Building Height - This proposal involves an allowance for 51 transmission line towers ranging in height from 38.5 feet to 74.5 feet tall. The project will be designed to comply with all FCC construction requirements, technical standards, interference protection, power limitations and radio frequency standards. ALUCP Policy 3.3.3 restricts building heights to 35-feet or as similarly provided by local ordinance. Accordingly, the ALUC previously certified the County of Napa’s General Plan and Zoning regulations with a 35 ft. height limit. In addition, as is the case with all other local agencies subject to Napa County ALUC oversight (Napa County and the five incorporated cities/town), the County’s land use regulations allow a process for structures to exceed height limits within an Airport Influence Area subject to a Consistency Determination by the ALUC. Generally, structures can exceed 35 ft in height so long as they do not pose an obstruction hazard to aircraft in the vicinity. Given that the FAA study did not find that the project proposed a flight hazard (with completion of a Notice of Construction or Alteration), nor did the Napa County Airport have concerns, even with the increase in height above 35’ the project could be found to be a compatible use within the Napa County Airport’s AIA.
5. Lighting and Glare - Laketricity Commercial Floating Solar project will not result in changes to population densities or development potential on properties within the Airport Influence Areas (AIAs) and as such should not result in lighting or glare issues. Furthermore, as described in the project statement, the modern design of the floating solar panels would resemble a commercial roof type configuration similar to a large building with no expected reflection to overhead aircraft flight patterns and natural wildlife migration. The proposed modern floating solar engineering design is less reflective than two percent of incoming sunlight, is consistent with typical water reflection (which mimics the existing site conditions, as the location of the solar array is proposed within wastewater ponds), is less than native soils and traditional residential wood shingle roofing materials and represents no risk to current or future area air traffic or avian flight patterns. As such, there is no potential for conflict with airport operations and, therefore, is consistent with the ALUCP.
6. Communications - As proposed, staff does not anticipate the Laketricity Commercial Floating Solar project will affect airport communications. Electronic/radio frequency output of telecommunication facilities are regulated by the FCC. FCC regulations do not enable local agencies to regulate electronic/radio frequency aspects of these projects. The FCC is responsible for ensuring that all communication facilities subject to their regulations do not substantively impact FAA communication regulations for aviation. As stated above, the project will be designed to comply with all FCC construction requirements, technical standards, interference protection power limitations and radio frequency standards and there is no potential for conflict with the ALUCP.
7. Building Materials - Ground-mounted equipment associated with the Laketricity Commercial Floating Solar project consists of electrical equipment for the PG&E substation on PG&E property and a 0.13-acre electrical substation (7.5 ft. in height from average grade) located on the northern portion of the Napa Sanitation District’s property. The electrical substation shall include colors consistent with the approved color pallet for the County of Napa. Elevation details of the PG&E substation ground-mounted equipment has not been provided to the County. However, all proposed electrical equipment shall meet the safety requirements of the California Building Code and the California Public Utility Commission. The transmission poles are constructed of wood and metal materials. The transmission lines are composed of copper and aluminum wrapped in a rubber and fiber material. As described in the project statement, the modern design of the floating solar panels would resemble a commercial roof type configuration similar to a large building with no expected reflection to overhead aircraft flight patterns and natural wildlife migration. The proposed modern floating solar engineering design is less reflective than two percent of incoming sunlight, is consistent with typical water reflection (which mimics the existing site conditions, as the location of the solar array is proposed within wastewater ponds), is less than native soils and traditional residential wood shingle roofing materials and represents no risk to current or future area air traffic or avian flight patterns. As such, there is no potential for conflict with the ALUCP.
8. Overflight Easement - The ALUCP requires recordation of an overflight and aircraft hazard easement on all developing properties. As such, the current property owners, and future property owner will be aware that they are located in an AIA.
9. Caltrans Aeronautics - ALUC staff referred the submittal materials to California Aeronautics on March 29, 2024, and Caltrans had no issues or comments on the project.
10. Processing - Per Policy 2.1.8, the ALUC shall not accept any plan, ordinance, or regulation for review until the referring local agency has held at least one substantive local hearing or other public meeting on the proposed matter. The referring agency (County of Napa) is scheduled to hold a duly noticed public hearing on the Laketricity Commercial Floating Solar project on May 15, 2024, to approve the zoning ordinance, Use Permit, and Variance. If the County of Napa substantively modifies the Laketricity Commercial Floating Solar project after ALUC review has occurred, the project would be subject to re-referral to the ALUC for a subsequent review. The Laketricity Commercial Floating Solar project will further comply with Policy 2.1.9 in that the referral to the ALUC occurred prior to the County of Napa’s Planning Commission final action to adopt the ordinance, Use Permit, and Variance. As matters currently stand, the project complies with ALUCP Processing Policies 1.3.2, 1.3.3, 2.1.8 and 2.1.9.
Recommendation: That the Airport Land Use Commission find and determine that the proposed Laketricity Commercial Floating Solar Use Permit, Zone Change, and Variance (P24-00047-ALU) is consistent with the Napa County Airport Land Use Compatibility Plan (ALUCP).
Attachments:
A. Graphics
B. Use Permit Application
C. Project Statement
D. Site Plan
E. Drawings
F. Project Catalog
H. Airspace Review