TO: Napa County Planning Commission
FROM: Brian D. Bordona, Planning, Building and Environmental Services Director
REPORT BY: Matt Ringel, Planner II
SUBJECT: Laketricity (DBA Dynamo Solar) Commercial Floating Solar Use Permit (P22-00340-UP), Zone Change (P23-00181-ZC), and Variance (P23-00268-VAR)
RECOMMENDATION
title
EVA PAULY / LAKETRICITY (DBA DYNAMO SOLAR) COMMERCIAL FLOATING SOLAR FACILITY, ZONE CHANGE, AND VARIANCE / APP NOS. P22-00340-UP, P23-00181-ZC, AND P23-00268-VAR
CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Aesthetics, Agriculture and Forest Resources, Biological Resources, and Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: Make a recommendation to the Napa County Board of Supervisors regarding the following: 1) Adoption of an ordinance to rezone the developed portions of the project parcels (APN(s) 057-010-010 and 057-050-003) from the existing zoning district of Agricultural Watershed: Airport Compatibility (AW:AC) to Public Lands: Airport Compatibility (PL:AC); 2) Approval a Variance to allow construction of 42 transmission line towers at a height varying between 38.5-feet and 70-feet tall, whereby Napa County Code (“NCC”) Section 18.104.120 establishes a 35-foot height maximum; 3) Approval of a Use Permit, subject to Conditions of Approval, for construction of approximately 56-acres of floating solar panels (approximately 63,840 solar panels) on top of two of the Napa Sanitation District’s existing wastewater ponds to produce approximately 34.7 megawatts (MW) of direct current electricity, converted to 24.5 megawatts (MW) of alternating current electricity, construction of approximately 2-miles of electrical transmission lines, with portions constructed above and below ground, construction of one 0.13-acre electrical substation located at the northern edge of the solar panels, and grading and construction associated with the 0.9-acre expansion of an existing Pacific Gas and Electric (PG&E) “Tulucay” electrical substation located on Anderson Road. The project is located on approximately 163.59-acre and 327.0-acre parcels within the AW (Agricultural Watershed) zoning district and Public Institutional (PI) General Plan designation at 1515 Soscol Ferry Road, Napa, CA 945584. 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: That the Planning Commission recommend the Board of Supervisors adopt the Initial Study/Mitigated Negative Declaration prepared for the project, adopt the ordinance for Rezone application No. P23-00181, approve Variance application No. P23-00268, and approve Use Permit application No. P22-00340, as conditioned.
Staff Contact: Matt Ringel, Planner II, (707) 299-1351
Applicant Contact: Eva Pauly-Bowles, Laketricity Managing Director, 755 Baywood Drive, 2nd Floor, Petaluma, CA, 94954, (707) 658-4596
Applicant Representative Contact: Jeffrey Redding, Land Use Planning Services, (707) 255-7375
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission make a recommendation to the Napa County Board of Supervisors concerning the following items:
1. Adoption of the Initial Study/Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), based on recommended Findings 1-7 in Attachment A;
2. Adoption of an Ordinance for Rezone (Attachment F);
3. Approval of Variance Application No. P23-00268 based on recommended Findings 8-11 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B; and
4. Approval of Use Permit Application No. P22-00340 based on recommended Findings 12-16 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The project applicant requests approval of a Use Permit, Zone Change, Variance, Lot Line Adjustment, and Grading Permit to allow: a request to construct 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 70 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 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, within the jurisdiction of Napa County, at a height varying between 38.5 feet and 70 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).
Staff has reviewed the proposed project and supports recommending that the Napa County Board of Supervisors adopt the MND, MMRP and Zone Change Ordinance as currently drafted in the staff report packet. Staff also supports recommending that the Napa County Board of Supervisors approve the Use Permit and Variance requests as currently drafted in the staff report packet, subject to the recommended Conditions of Approval in Attachment B. Findings in support of the MND, MMRP, Use Permit request and Variance request have been prepared in Attachment A. Napa County’s 2008 General Plans designates the floating solar parcels as Public Lands, a designation that is compatible with the Public Institutional (PI) zoning district. Commercial solar facilities are conditionally permitted uses within the Public Lands (PL) zoning district. Land uses in the area are dominated by existing wastewater treatment plant facilities, State Highway 29, State Highway 221, open agricultural lands, intermixed with industrial and commercial development.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Aesthetics, Agriculture and Forest Resources, Biological Resources, and Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Property Owner: Napa Sanitation District (NSD), General Manager Andrew Damron, adamron@napasan.com or (707) 258-6000
Applicant: Dynamo Solar LLC, Director Eva Pauly-Bowles , epauly@laketricity.eu or (707) 658-4596
Zoning: Agricultural Watershed: Airport Compatibility (AW: AC)
General Plan Designation: Public Lands (PL)
Parcel sizes: 163.59-acres and 327.0-acres
Application Filed: Use Permit - October 4, 2022, Zone Change - June 23, 2023, Variance - September 19, 2023; Resubmittal Received: January 3, 2024. Application Deemed Complete: January 19, 2024.
State Clearinghouse Number: 2024040604
Existing Development: The NSD parcel contains existing wastewater treatment ponds, an existing wastewater treatment facility, and associated infrastructure. The majority of the 2-mile electrical transmission route is located on vacant or agricultural land. The proposed transmission route crosses two existing highways, in an area that is currently under construction to develop a new Soscol Creek Interchange project; therefore, a large portion of the route has recently been disturbed. The electrical transmission route ends at an existing PG&E “Tulucay” electrical substation located on Anderson Road, which is surrounded by vineyard.
Proposed Solar Facility Size: Approximately 56-acres (63,840 solar modules)
Proposed Energy Production: Approximately 34.7 megawatts (MW) of direct current electricity, converted to 24.5 megawatts (MW) of alternating current electricity.
Proposed Height: 42 transmission line towers, within the jurisdiction of Napa County, at a height varying between 38.5 feet and 70 feet tall.
Setbacks:
Required road setbacks: 28 feet from the centerline of Soscol Ferry Road
Required property line setbacks: 20 feet front, side, and rear yards setbacks for the floating solar arrays. A variable setback of 20% of the tower height has been implemented for all transmission towers, identical to the requirements of telecommunication facilities (18.119.040).
Existing Setbacks: The Napa Sanitation District’s facilities are government owned; therefore, are not subject to the Napa County Zoning Ordinance.
Proposed Setbacks: The solar arrays are 20 feet from all property lines and the electrical transmission towers are 28 or more feet away from the centerline of Soscol Ferry Road. A variable setback of 20% of the tower height has been implemented for all transmission towers, identical to the requirements of telecommunication facilities (18.119.040).
Adjacent General Plan Designation / Zoning / Land Use:
North: City of Napa / wildlife area, agriculture
South: Agricultural, Watershed, and Open Space (AWOS) and Public-Institutional General Plan land use designations / Agricultural Watershed: Airport Compatibility (AW: AC) and Airport District (AV: AC) Zoning District / vacant marsh and the Napa County Airport
East: Public-Institutional (PI) General Plan land use designation / Public Lands: Airport Compatibility (PL: AC) Zoning District / wastewater treatment facilities and agricultural grazing
West: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed: Airport Compatibility (AW: AC) Zoning District / vacant marsh
Solar Facilities in 0.3 Mile Vicinity:
P19-00338 - Soscol Ferry Solar - 11655 Soscol Ferry Road, Napa
Parcel History:
The Napa Sanitation District (NapaSan) constructed the wastewater treatment ponds in the late 1960’s and early 1970’s. These ponds store the wastewater while microorganisms living in them feed on the waste. In the late 1970’s, NapaSan moved most of its treatment operations to the Soscol Ferry Road location. This facility is a joint project with the City of American Canyon Water District, offering primary and secondary treatment. NapaSan is a government entity. Generally, work completed by a government entity and in line with the entity’s mission, is not subject to County Zoning requirements.
Code Compliance History:
There are no records of prior code violations related to the project site.
Discussion Points:
Setting -
The proposed project includes four primary features; approximately 56-acres of floating solar panels, creation of an approximately 0.13-acre interconnection electrical substation, approximately 2-miles of an electrical transmission route, and the 0.9-acre expansion of an existing PG&E electrical substation.
The proposed floating solar panels are to be installed on two existing wastewater facility treatment ponds. The existing ponds are man-made lined structures to treat wastewater. The floating solar panels will be installed atop the water and will not require the disturbance of new area. North of the treatment ponds, an approximately 0.13-acre interconnection electrical substation is proposed to be constructed on previously disturbed land. Approximately 2.0-miles of electrical transmission lines are proposed to be installed to bring power to an existing PG&E electrical substation on Anderson Road. The transmission route proposes the installation of 51 transmission towers, crossing over developed and undeveloped properties. The transmission towers range in height of 38.5 feet to 74.5 feet (only 42 of the proposed towers, ranging in height from 38.5 feet to 70 feet, are located within the permitting jurisdiction of Napa County). No trees are proposed for removal; although, some existing eucalyptus trees may need to be trimmed to achieve safety clearances from portions of the above ground sections of the proposed electrical transmission route. Following the portion with eucalyptus trees, the line will transition below ground as it enters into CalTrans property and partially passes the Grape Crusher Scenic Vista Park. Partially in front of the Scenic Vista, the transmission line proposes to once again transition to run above ground, cross above State Highway 221, and the line will terminate at the existing PG&E Anderson Road electrical substation. The project proposes the 0.9-acre expansion of the Anderson Road electrical substation. The proposed 0.9-acre expansion would be located in a previously disturbed area and require the removal of 0.75-acres of vineyard. Approximately 24,700 cubic yards of earthwork and a Lot Line Adjustment are proposed to expand the existing electrical substation.
Access to the floating solar array parcels is located off 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 located off Anderson Road, approximately 0.15 miles due east of the boundaries of the City of Napa. The 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.
Land uses in the area are dominated by existing wastewater treatment plant facilities, State Highway 29, State Highway 221, open agricultural lands, intermixed with industrial and commercial development. CalTrans is currently in the process of reconstructing the Highway 29 and Highway 221 interconnection; therefore, the majority of the CalTrans property is currently or has been recently disturbed.
The proposed project installation sites are generally flat with the floating solar panels proposed to be located at an elevation of 7 feet above mean sea level (amsl) and the proposed PG&E electrical substation expansion, approximately 2-miles away, is located at 70 feet amsl. Soil types include Reyes silty clay loam, Coombs gravelly loam (2-5 percent slopes), Bale clay loam (0-2 percent slopes), and Hambright rock-Outcrop complex (30-75 percent slopes).
Zone Change -
The project includes a request to change the Zoning Designation of the developed portions of two project parcels owned by Napa Sanitation District from Agricultural Watershed: Airport Compatibility (AW:AC) to Public Lands: Airport Compatibility (PL:AC) to support the establishment of a Commercial Solar Facility. The proposed area for Rezone is assigned a Public-Institutional (PI) General Plan Land Use Category. Policy AG/LU-114 of Napa County’s General Plan states that both AW and PL Zoning Designations are compatible with the PI General Plan Land Use Category. The proposed zone change would remove many allowable uses on the parcel, but the parcel would gain the ability to establish a Commercial Renewable Energy Facility, with the benefit of a Use Permit (refer to attachment E for a comparison of land uses between the existing and proposed zoning districts). The existing facilities on the parcels are all owned and operated by Napa Sanitation District, a government entity, and do not require adherence to Napa County’s Zoning Ordinance. The proposed Zone Change would not create any Legal Nonconformities, as defined by NCC Section 18.132.010.
Transmission Tower Height -
NCC Section 18.104.010 establishes a 35-foot maximum building height within all Napa County zoning districts, except the Airport District (AV).
The proposed 2-mile electrical transmission line route includes 42 transmission towers that are within the jurisdiction of Napa County. These proposed towers vary in height between 38.5-feet and 70-feet tall. 22 of the towers surround the solar arrays and have a proposed height of 38.5-feet tall. These towers lead to the proposed 0.13-acre Interconnection Substation located on the Napa Sanitation District’s property. Following the Interconnection Substation, 20 additional towers (within the jurisdiction of Napa County) connect to the existing PG&E “Tulucay” electrical substation located on Anderson Road. These 20 towers range in height from 47.5-feet and 70-feet tall.
Variance -
A Variance is requested to allow the construction of 42 towers that vary in height between 38.5-feet and 70-feet tall.
Variances must satisfy the criteria in Government Code Section 65906 and County Code Section 18.128.060. Generally, the findings for a variance must meet each prong of a three-prong test to satisfy the statutory requirements together with additional local findings contained in the County Code. An applicant must demonstrate that: 1) they will suffer practical difficulties and unnecessary hardships in the absence of the variance; 2) these hardships result from special circumstances relating to the property that are not shared by other properties in the area; and 3) the variance is necessary to bring the applicant into parity with other property owners in the same zone and vicinity. In addition, an applicant must show that the proposed variance will not be contrary to public interest, safety, health, and welfare. To approve a variance, the Board of Supervisors must make all five of the required findings listed below. As discussed in attachment A, Staff believes the project site can meet all of the required findings, and thus, supports granting the variance.
Solar Facility and Associated Infrastructure Proposal -
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 PG&E 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 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, within the jurisdiction of Napa County, at a height varying between 38.5 feet and 70 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.
Napa County Code Section 18.117.040 (adopted 2020) establishes the County’s commercial renewable energy production facilities development standards.
Key Standards from Section 18.117.040 -
18.117.040.A.2.: Facilities shall comply with required yard setbacks limitations of the applicable zoning district and include design features to reduce visibility from public roads, and fully screened from adjacent residential areas. Any lighting shall be fully shielded, downward casting, and not wash out onto structures, other properties, or the night sky. The permittee shall maintain the facility, including all required landscaping, in compliance with the approved use permit.
Staff Response: Napa County Code establishes a 20-foot setback for the proposed property. The proposed solar panels are 20 feet or greater from each property line. A variable setback of 20% of the tower height has been implemented for all transmission towers, identical to the requirements of telecommunication facilities (18.119.040). The proposed project does not include any exterior lighting or landscaping.
18.117.040.A.3.: Sites located within an Airport Influence Area (as defined in the Napa County Airport Land Use Compatibility Plan) shall provide an analysis documenting compliance with noise, safety, airspace protection, and land use compatibility with airport operations. The owner or permittee of a facility approved within an Airport Influence Area shall record an avigation easement pursuant to Section 15.08.040.A.4 of this code.
Staff Response: The proposed project is located within the Napa County Airport Influence Area. The applicant has provided Determinations of No Hazard to Air Navigation from the Federal Aviation Administration for the proposed solar arrays and all electrical transmission towers (Attachment I). The applicant has provided an analysis confirming that the proposed project will adhere to noise requirements, airspace protection, and is compatible with the Napa County Airport Land Use Compatibility plan. The proposed solar arrays will be pointed due south, will not conflict with typical flight patterns, and the panels will be equipped with an anti-reflection layer. Condition of Approval 6.11 has been incorporated into the proposed project to require that upon building permit submittal, the permittee shall submit verification that an aircraft overflight easement has been recorded on the property that provides for the right of aircraft operation, overflight and related noises, and for the regulation of light emissions, electrical emissions, or the release of substances such as steam or smoke which could interfere with aircraft operations.
18.117.040.A.6.: For commercial renewable energy production facilities interconnected to transmission lines greater than 6kV, the location of new transmission lines, poles, and utility sub-stations shall be identified on the site plans. If high voltage (100kV) or private transmission lines are proposed, they shall be considered as part of the use permit process including potential for undergrounding, that the proposed interconnection to transmission lines is acceptable to the utility, and documentation is provided that any new utility-owned transmission lines comply with the requirements of the California Public Utilities Commission.
Staff Response: The proposed project includes approximately 2-miles of transmission lines greater than 6kV; therefore, the applicant has depicted the proposed transmission route and all proposed electrical towers. The proposed transmission route is being considered as a part of the use permit.
18.117.040.A.15.: A decommissioning plan shall be required as part of any use permit application and shall include the following:
a. Removal of all aboveground and underground equipment, structures not identified for re-use, fencing and foundations.
b. Removal of graveled areas and access roads.
c. Restoration of the surface grade and replacement of topsoil after removal of all structures and equipment including grading, revegetation and an erosion control plan to return the site to an appropriate end use consistent with the zoning district.
d. Revegetation of disturbed areas with native seed mixes and plant species suitable to the area. Documentation of a three-year maintenance agreement for all revegetated areas shall be submitted prior to the restoration being considered complete.
e. The timeframe for completion of removal and restoration activities, which in no event shall take longer than six months from cessation of use, unless an alternative period is provided for within the use permit.
f. An engineer's certified cost estimate indexed for inflation to implement all aspects of the restoration plan, which will be the basis for financial assurance set forth in subsection (A)(16) of Section 18.117.040.
g. An agreement, in a form approved by County Counsel, signed by the owner and permittee taking full responsibility for decommissioning and reclaiming the site in accordance with the decommissioning plan and use permit approval upon cessation of use.
h. A plan to comply with all state and federal requirements for reuse, recycling or disposal of potentially hazardous waste.
i. The facility permittee shall notify the Department immediately upon termination or cessation of use or abandonment of the operation. The permittee shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The permittee shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within one year.
Staff Response: The applicant has provided a decommissioning plan that meets the County’s standards. The required decommissioning liability agreement within section “18.117.040.A.15.g.” has been incorporated as recommended Conditions of Approval 6.18.c.
18.117.040.A.16.: At the time of issuance of the permit for the construction of the facility, the permittee shall provide financial assurance in a form and amount acceptable to the Department, in compliance with Section 17.38.030, to secure the expense of decommissioning, dismantling and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines/pipes in compliance with the approved restoration plan.
Staff Response: Recommended Condition of Approval 6.18.a. has been incorporated into the proposed project to achieve this requirement.
18.117.040.C.2.: Electrical distribution lines on the project site shall be underground. This provision may be waived by the decision-making body if the undergrounding is determined to be an undue burden.
Staff Response: As allowed within Section 18.117.040.C.2., the applicant has requested that the Board of Supervisors waive the requirement that the majority of the required 2-mile transmission line be undergrounded. The applicant has stated:
“Installing the transmission line underground is an undue burden for technical, environmental and economical reasons:
• Underground transmission lines compared to aerial transmission lines are 5 times more expensive to build and would compromise the project financial viability.
• An underground transmission line would conflict with existing underground infrastructure and future infrastructure (PG&E pipe gas realignment map is attached to this letter). A subsurface survey performed on NSD’s property also shows the presence of archaeological resources.
• The construction of an underground transmission line is more invasive and longer than an aerial line and will disturb NSD’s operations.
• Aerial transmission lines are easier to maintain since it’s more accessible.
• Existing lines on site and near Tulucay substation are aerial (NSD and PG&E transmission and distribution lines).
• The new transmission line won’t exceed 70 ft in height which and is lower than existing NSD’s buildings (102.5 ft high maximum) and trees (170 ft maximum on NSD’s property).
• Overhead transmission lines can go over sensitive habitats and wetlands since the span between poles can be adjusted. Also, the construction of overhead lines limits wildlife’s disturbance.
• The useful life expectancy for underground lines is 20-30 years, for overhead lines it’s around 40-50 years.”
Water -
The project would not violate any water quality standards or waste discharge requirements nor substantially deplete local groundwater supplies as, other than two yearly solar array washings, the passive solar use does not demand water resources on a regular basis. The proposed solar panels will be floating atop existing wastewater treatment facility ponds. All water used to wash the panels will fall into the water treatment ponds and will be treated with other water from the region. This water is then available to be reused by residents and vineyards within the region. The installation of 56-acres of panels, floating above the water treatment ponds, will also reduce evaporation of water. The applicant estimates that the shading effect from the proposed floating solar facility can save up to 213,796 m^3 (56,478,928 gallons or 173 acre-feet/year) of water per year due to reduced evaporation.
Traffic -
The proposed project does not require the addition of any permanent employees. Standard maintenance includes two solar panels cleanings per year.
Biology -
A Biological Resources Report was prepared for this proposed project in December of 2022 by Sol Ecology (Attachment H). Special-status wildlife species and migratory birds were evaluated for their potential to occur and be affected by the proposed project. 52 special status plant species have been documented within a 9-quad search of the project study area. 11 of these special status plant species have potential to occur in the project study area. Other special status plant species documented in the area are unlikely or have no potential to occur on the project study area. Two consecutive years of floristic surveys yielded no findings of special status plants.
Eleven (11) special status plant species and Ten (10) special status wildlife species were identified with the potential to occur on or adjacent to the Study Area.
Ten (10) special status wildlife species have the potential to occur on or adjacent to the Study Area. Based on the Biological Resources Report from Sol Ecology mitigation measures have been proposed in the MMRP to minimize environmental impacts of the project on biological resources to a less than significant impact. Mitigation Measure BIO-1 has been implemented to Minimize Potential Impact to White-Tailed Kite, Swainson’s Hawk, and other Raptors. Mitigation Measure BIO-2 has been implemented to minimize potential impacts to Burrowing Owl. Mitigation Measure BIO-3 has been implemented to minimize potential impacts to bats.
The National Wetlands Inventory identifies portions of the Napa River as an Estuarine and Marine Wetland and an Estuarine and Marine Deepwater. The Napa Sanitation District parcels contain active man-made and concrete lined wastewater treatment ponds and associated facilities. No development is proposed adjacent to the Napa River which would potentially remove, fill, or interrupt the river hydrologically.
Subsequent to the distribution of the Project’s Initial Study/Mitigated Negative Declaration, a letter was received from CDFW concluding their review of the project documents. CDFW requested four (4) additional mitigation measures be added to the project approval requiring preconstruction surveys for Swainson’s Hawk, California Black and Rideway Rail and Tricolored Blackbird. CDFW also requested a fourth mitigation measure be added requiring the applicant to notify CDFW, and potentially enter into a Lake and Streambed Alteration Agreement, if transmission lines are proposed to be undergrounded below Soscol Creek. CDFW’s comment letter is included in Attachment K and the proposed mitigation measures have been incorporated into the project’s Conditions of Approval.
Cultural -
Environmental Science Associates (ESA) was contacted by the applicant to provide a Cultural Resources Survey report for the proposed project. A cultural resource study of the property was completed on November 13, 2023. The survey identified one cultural resource (P-28-000001). The resource is mapped immediately adjacent to the proposed Pole 0/10 location. Project activities in the portion of the Study Area adjacent to the resource would consist of electric transmission line pole installation, which would require ground disturbance. ESA’s report concludes that no evidence suggests that P-28-000001 extends into the project area; however, given the presence of the resource’s proximity to the proposed project, Mitigation Measure CUL-1 has been incorporated to ensure that the proposed project has a less than significant impact. This mitigation measure requires onsite archeological monitoring during the construction of electrical transmission towers 0/9, 0/10, and 0/11. Additionally, in the abundance of caution, CUL-2 has been proposed to educate construction workers about cultural artifacts.
On February 22, 2024, County Staff sent invitations to consult on the proposed project to Native American tribes who had a cultural interest in the area and who as of that date had requested to be invited to consult on projects, in accordance with the requirements of Public Resources Code section 21080.3.1. The notification was distributed to The Yocha Dehe Wintun Nation, Middletown Rancheria, and Mishewal-Wappo Tribe of Alexander Valley. On April 1, 2024, the Yocha Dehe Wintun Nation sent County Staff a request to conduct tribal consultation. Staff provided copies of Cultural Resource studies and draft language of CUL-1. The applicant’s team, County Staff, and the Yocha Dehe Wintun Nation met and conducted tribal consultation on April 10, 2024. The Yocha Dehe Wintun Nation agreed with Staff’s conclusions, recommended additional language that was incorporated as CUL-2. On April 19, 2024, Staff received additional clarification from the Yocha Dehe Wintun Nation. Staff updated all recommended Conditions of Approval to incorporate their recommended changes, including the addition of a tribal monitor on-site for all ground disturbing activities.
Even with the inclusion of MM CUL-1 and CUL-2, in the event that any archaeological materials are encountered during earth-disturbing activities when an archaeologist is not present the project would be expected to comply with standard Condition of Approval 7.2, listed below, and construction of the project would be required to cease, and a qualified archaeologist would be retained to investigate the site. Compliance with both cultural resource mitigation measures and the project’s conditions of approval are expected to keep potential impacts to cultural resources from being potentially significant.
Conversion of Unique Farmland -
As shown on the Napa County Important Farmland Map 2002 prepared by the California Department of Conservation District, Division of Land Resource Protection, pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, the proposed floating solar array is located on Urban and Built-Up Land. The proposed 2-mile transmission line crosses many different classifications of types of farmland including Other Land, Farmland of Local Importance, Prime Farmland, and Grazing Land. The proposed electrical transmission route will be installed on electrical power poles with a minimal area of disturbance and a less than significant impact to agricultural resources. The proposed PG&E substation expansion, located at Anderson Road, is located on State designated Unique Farmland. The proposed substation expansion requires approximately 24,700 cubic yards of grading and the conversion of approximately 0.9-acres of Unique Farmland. Since the substation is not considered an agriculture land use, the project has the potential to convert agricultural land to a non-agricultural use. The implementation of MM AG-1, requiring a farmland conservation easement or other similar mechanism, requiring the long-term preservation of existing farmland of equal or higher quality at a 1:1 ratio would result in a less than significant impact to agricultural resources.
Public Comments - At the time of staff report preparation no public comments have been received.
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending the Planning Commission support the project as summarized in Option 1, below. Decision making options including the following:
Option 1 - Recommend the Board of Supervisors Approve Applicant's Proposal (Staff Recommendation)
Disposition - This action would make a recommendation to the Board of Supervisors to adopt an ordinance rezoning a portion of the project parcels zoning district, approve a variance, and approve the use permit for the commercial renewable energy facility. The General Plan consistency analysis demonstrates that the proposed zone change and the proposed commercial solar facility are consistent with a number of the overall goals and policies set forth for the County. With implementation of mitigation measures pertaining to aesthetics, agriculture and forest resources, biological resources, and cultural resources, the potential environmental impacts of the project would be less than significant.
Action Required - Follow the proposed action listed in Executive Summary. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 2 - Revised Project Request - Modify Use Permit or Variance Proposal
Disposition - This option allows the Planning Commission to recommend that the Board of Supervisors modify aspects of the proposed solar facility use permit or variance requests. The changes could be related to such components as solar panel location, transmission route location, and transmission route height, or recommend undergrounding of all transmission lines. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised components. The substantial modification of the proposed project may require additional CEQA review and recirculation of the Initial Study/Mitigated Negative Declaration.
Action Required - Follow proposed actions listed in the Executive Summary and recommend amended scope and applicable conditions of approval. The item may need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 3 - Recommend to Deny Proposed Project
Disposition - In the event the Commission does not support the rezoning, Use Permit or Variance as proposed, the Commission would vote to recommend denial of the project. The Commission should articulate why it does not recommend amending the zone change, Use Permit, or Variance, such as inconsistency with the General Plan including the proposed project conflicts with the goals, policies, or land use designations outlined in the existing General Plan. A denial recommendation would result in status quo of the site and would not result in a referral to the Board for further action. Applicant or any other interested party would be able to request Board consideration of the proposal upon filing of a timely written request with the Clerk of the Board within five days after the commission files its recommendation pursuant to NCC §18.136.060(C).
Action Required - Commission motion, second and vote to not recommend the proposed project to the Board of Supervisors.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.