CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 1423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 11-03, MODIFYING VARIOUS SECTIONS OF THE PALMDALE ZONING ORDINANCE TO PERMIT SOLAR FACILITIES WITHIN NUMEROUS ZONES AND PROVIDE DEVELOPMENT STANDARDS FOR UTILITY-SCALE SOLAR POWER GENERATING FACILITIES CITYWIDE (ZOA 11-03) CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 65800 and 65850 of the Government Code, the City of Palmdale has adopted a Zoning Ordinance which regulates the use of buildings, structures, and land uses as between industry, business, residences, open space and other purposes; regulates signs and billboards; regulates the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; establishes requirements for offstreet parking and loading; establishes building setback lines, as authorized by state law; and other matters. SECTION 2. Pursuant to Section 65853 of the Government Code, Zoning Ordinance Amendment 11-03, as contemplated, proposes to amend the text of the Palmdale Zoning Ordinance (Title 17 of the Palmdale Municipal Code) for the purpose of permitting solar facilities within numerous zones and provide standards of development for utility-scale solar power generating facilities located citywide. SECTION 3. The proposed Zoning Ordinance Amendment applies to properties citywide. SECTION 4. On October 20, 2011, an environmental Initial Study was prepared for Zoning Ordinance Amendment 11-03. The Initial Study concluded that the proposed Zoning Ordinance Amendment does not have the potential to result in a significant impact on the environment. SECTION 5. On November 10, 2011, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on Zoning Ordinance Amendment 11-03 at the City Council Chamber, 38300 Sierra Highway, Suite B, Palmdale, California. Notice of the time, place and purpose of the foresaid meeting was published in accordance with the requirements of Government Code Section 65090 and Public Resources Code Section 21092.
Page 2 SECTION 6. On December 7, 2011, the City Council conducted a duly noticed public hearing to consider Zoning Ordinance Amendment 11-03 at the City Council Chamber, 38300 Sierra Highway, Suite B, Palmdale, California. Notice of the time, place, and purpose of the aforesaid meeting was duly noticed in accordance with California Government Code Section 65090, and Public Resources Code Section 21092. SECTION 7. Based upon substantial evidence presented to the City Council during the above-referenced December 7, 2011, public hearing, including public testimony, written and oral staff reports, this City Council specifically finds as follows: (a) Pursuant to Section 65860 of the State Planning and Zoning Law (Division 1 of Title 7 of the California Code), this Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the City s General Plan. Zoning Ordinance Amendment 11-03 is consistent with General Plan Goal ER5 Promote the attainment of state and federal air quality standards, Objective ER5.4 Minimize emissions of air toxins and pollutants which contribute to global warming and ozone depletion, Objective ER5.5 Reduce air pollution caused by energy consumption, Policy ER5.5.1 Encourage energy conservation from all sectors of the community by promoting the use of energy efficient appliances, processes and equipment, and promoting energy audits of existing structures. The proposed amendments will permit small-scale solar energy systems as of right within residential, commercial and industrial areas as required by state law, reducing individuals reliance on energy produced from nonrenewable resources. The amendments will also permit utility-scale solar power generating facilities, subject to the proposed standards of development, allowing for energy created from renewable resources, decreasing reliance on energy from nonrenewable resources, and promoting increased air quality. (b) The proposed Zoning Ordinance Amendment is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare as it will permit small-scale solar facilities as of right within residential, commercial, industrial and public facility zones and utility-scale solar power generating facilities within industrial and public facility zones subject to the specified development standards. The increased utilization of solar energy will reduce the City s reliance on energy produced from non-renewable resources, increase self-reliance and decrease energy costs. (c) The proposed Zoning Ordinance Amendment conforms to the intent of the Zoning Ordinance and is consistent with all other related provisions thereof because the provision of small scale solar facilities is permitted by state law and utility-scale solar power generating facilities will be permitted within specified zones when consistent with all applicable regulations designed to reduce impacts on adjacent uses.
Page 3 (d) The proposed amendment is reasonable and beneficial at this time because increased utilization of solar energy will reduce reliance on energy produced from non-renewable resources, increase self-reliance and decrease energy costs. The amendment will also contribute to the reduction in greenhouse gas emissions. SECTION 8. The City Council hereby finds as follows with respect to the Negative Declaration: (a) Pursuant to the California Environmental Quality Act ( CEQA ) and the City s local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. (b) The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Negative Declaration. (c) The custodian of records for the Initial Study, Negative Declaration, and all other materials which constitute the record of proceedings upon which the Planning Commission s decision is based, is the Planning Manager of the City of Palmdale. Those documents are available for public review in the Planning Department of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200. SECTION 9. Zoning Ordinance Section 30.03 is hereby amended to add subsection H. to read as follows: H. Small-scale solar energy systems as an accessory use on a parcel SECTION 10. Zoning Ordinance Section 41.03 is hereby amended to add E. Small-scale solar energy systems as an accessory use on a parcel
Page 4 SECTION 11. Zoning Ordinance Section 41.07 is hereby amended to delete subsection D(8). SECTION 12. Zoning Ordinance Section 42.03 is hereby amended to add subsection F. to read as follows: F. Small-scale solar energy systems as an accessory use on a parcel SECTION 13. Zoning Ordinance Section 43.03 is hereby amended to add E. Small-scale solar energy systems as an accessory use on a parcel SECTION 14. Zoning Ordinance Section 51.03 is hereby amended to add SECTION 15. Zoning Ordinance Section 52.03 is hereby amended to add SECTION 16. Zoning Ordinance Section 53.03 is hereby amended to add SECTION 17. Zoning Ordinance Section 54.03 is hereby amended to add
Page 5 SECTION 18. Zoning Ordinance Section 55.03 is hereby amended to add SECTION 19. Zoning Ordinance Section 61.03 is hereby amended to add SECTION 20. Zoning Ordinance Section 61.05.D.11 is hereby amended to read as follows: 11. Public, quasi-public and institutional uses: a. Air pollution sampling stations. b. Animal shelters. c. Bus barns. d. Disaster and emergency management offices. e. Fire stations. f. Parking lots. g. Post office and distribution center. h. Public utilities storage and maintenance yards. i. Public works storage and maintenance yards. j. Sheriff s stations. k. Utility facilities, excluding major communication facilities. (Zoning Ordinance Amendment 97-3, adopted by City Council September 10, 1997.) l. Utility-scale solar power generating facilities, pursuant to Section 99.02. SECTION 21. Zoning Ordinance Section 62.03 is hereby amended to add containing a permitted principal use. SECTION 22. Zoning Ordinance Section 62.05D.12 is hereby amended to read as follows:
Page 6 12. Public, quasi-public and institutional uses: a. Air pollution sampling stations. b. Animal shelters. c. Bus barns. d. Disaster and emergency management offices. e. Fire stations. f. Parking lots. g. Post office and distribution center. h. Public utilities storage and maintenance yards i. Public works storage and maintenance yards j. Sheriff's stations. k. Utility facility, excluding major communication facilities. (Zoning Ordinance Amendment 97-3, adopted by City Council September 10, 1997.) l. Utility-scale solar power generating facilities, pursuant to Section 99.02. SECTION 23. Zoning Ordinance Section 63.03 is hereby amended to add SECTION 24. Zoning Ordinance Section 64.04 is hereby amended to add SECTION 25. Zoning Ordinance Section 64.06.K. is hereby amended to read as follows: K. Public, quasi-public and institutional uses, including: 1. Air pollution sampling stations. 2. Fire stations. 3. Government offices. 4. Parks and open space (including lighted play fields). 5. Post office; branch or main distribution center. 6. Transit-related facilities such as boarding areas and park-and-ride lots.
Page 7 7. Utility facilities, buildings and equipment, excluding sewage pumping stations and treatment plants, and major communication facilities. (Zoning Ordinance Amendment 97-3, adopted by City Council September 10, 1997.) 8. Utility-scale solar power generating facilities, pursuant to Section 99.02. SECTION 26. Zoning Ordinance Section 71.03 is hereby amended to add subsection F. to read as follows: F. Small-scale solar energy systems as an accessory use on a lot SECTION 27. Zoning Ordinance Section 71.05.B is hereby amended to read as follows: B. Public, quasi-public and institutional uses, including: 1. Fire stations. 2. Governmental administrative offices. 3. Libraries. 4. Maintenance and storage yards. 5. Park and ride facilities and other commuter related facilities. 6. Parking lots, municipal. 7. Performing arts theaters, indoor. 8. Post offices. 9. Public utilities, including administrative offices and facilities, excluding major communication facility. (Zoning Ordinance Amendment 97-3, adopted by City Council September 10, 1997.) 10. Tourist information centers. 11. Transit facilities including bus and train boarding areas (excluding depots and stations). 12. Utility corridors. 13. Utility-scale solar power generating facilities, pursuant to Section 99.02. 14. Vista points. 15. Water impoundment and groundwater recharge. 16. Water reservoirs or tanks. SECTION 28. Zoning Ordinance Section 72.04 is hereby amended to add subsection F. to read as follows:
Page 8 F. Small-scale solar energy systems as an accessory use on a lot SECTION 29. Zoning Ordinance Section 72.06 is hereby amended to add subsection C. read as follows: C. Utility-scale solar power generating facilities, pursuant to Section 99.02, as an interim use on a parcel that has not previously been mined or as a permanent use on a parcel that has been fully mined and reclaimed in accordance with the approved Reclamation Plan or contains gravel resources unsuitable for mining purposes. SECTION 30. Zoning Ordinance Section 75.04 is hereby amended to add subsection D. to read as follows: D. Small-scale solar energy systems as an accessory use on a lot SECTION 31. A new section, Section 99.02, shall be added to the Zoning Ordinance, to read as set forth below: A. Purpose and Intent It is the intent of these regulations to permit Small-Scale Solar Energy Systems without Planning Department approval within all zone districts provided a permitted primary use exists and Utility-Scale Solar Facilities as a primary use within the M-1 (Light Industrial), M-2 (General Industrial), M-4 (Planned Industrial), PF (Public Facilities) and QR (Quarry and Reclamation) zone districts. It is the purpose of these regulations to ensure that alternative energy systems are available in the City of Palmdale, and that they are sited and installed in a manner that avoids hazards to the public health and safety while minimizing adverse aesthetic impacts to the maximum extent possible. B. Definitions Small-Scale Solar Energy System shall mean a solar energy system consisting of one or more roof mounted and/or ground mounted solar collector devices and solar related equipment. A small-scale system is intended to primarily reduce on-site consumption of utility power but may include solar power generated for purchase by a utility provider, provided that the generating facilities and any appurtenant equipment remain accessory to the primary use and structure(s).
Page 9 Utility-Scale Solar Power Generating Facility shall mean a facility where solar energy generation for the purpose of sales of generated electricity is the principal use. Utility-scale solar generating facilities consist of one or more free-standing ground mounted solar collector devices, solar related equipment and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. C. Small-Scale Solar Energy Systems Small-Scale Solar Energy System shall be permitted as of right within any zone district pursuant to Government Code Section 65850.5. D. Utility-Scale Solar Power Generating Facilities 1. Supplemental Information Required Permit application for all utility-scale solar power generating facilities shall be accompanied by the following supplemental materials, unless waived by the Director of Planning: a. A plan for the on-going security and inspection of the facility as applicable, which may include but not be limited to provisions for fencing, anti-climb devices, and monitoring, to prevent unauthorized access and vandalism. b. A plan for permanent dust control of the site post construction. 2. Development Standards In addition to compliance with all other applicable statutes, ordinance, regulations and policies, the following regulations shall apply to all utilityscale solar power generating facilities as permitted under this article: a. Setbacks (i) (ii) (iii) Setbacks shall be those specified for structures within the respective zone district. Solar support structures shall not be permitted in any front or street side yard. No minimum landscape setback along any public or private street frontage shall be required within any industrial zone located between Avenue L and Avenue M between 30 th
Page 10 Street East and 120 th Street East, between Avenue M and Avenue P-8, between 90 th Street East and 120 th Street East or within the QR (Quarry and Reclamation) zone. (iv) (v) No transition zone setback pursuant to Section 83.03.A or transition zone landscaping pursuant to Section 83.03.C shall be required for within any industrial zone located between Avenue L and Avenue M between 30 th Street East and 120 th Street East, between Avenue M and Avenue P-8, between 90 th Street East and 120 th Street East or within the QR (Quarry and Reclamation) zone. Where transition zone landscaping is required pursuant to Section 83.03.C, the number and types of trees required may be modified at the discretion or the Director of Planning and the City Engineer where there is the potential for shading of solar panels. b. Height c. Glare The maximum height of any structure shall be that as specified for principal structure within the respective zone district. Solar panels shall be placed such that concentrated solar radiation or glare is not directed onto nearby properties, including U.S. Air Force Plant 42, other airport related, or roadways. d. Security Fencing Utility-scale solar facilities shall be enclosed by an eight foot high fence for security purposes. The reviewing authority may approve: 1) chain link fencing within any industrial zone located between Avenue L and Avenue M between 30 th Street East and 120 th Street East, between Avenue M and Avenue P-8, between 90 th Street East and 120 th Street East or within the QR (Quarry and Reclamation) zone or 2) wrought iron fencing within any other zone in which utility-scale solar power generating facilities are permitted. Chain link or wrought iron fencing may be permitted by the reviewing authority based upon a finding that no adverse visual or aesthetic impacts will occur and the material is compatible with the surrounding area. This determination shall be made as part of the
Page 11 development review process. Under no circumstances shall razor, barbed, concertina wire, or electrified fencing be permitted. e. Lighting Security lighting shall be consistent with the requirements of Section 86.07 of the Zoning Ordinance, including shielding from adjacent properties, lighting be directed downward with full cut-off features to reduce light pollution. f. Signage One (1) project identification sign, located at each point of project ingress and egress, not to exceed fifty (50) square feet in area and five (5) feet in height, may be erected on the project site. No other signs shall be installed other than safety and required warning signs. g. Conformance with the City of Palmdale Municipal Code, Chapter 12.04 (Underground Utilities) All utility-scale solar facilities, including any new off-site transmission lines, are subject to the provisions of Chapter 12.04 of the Municipal Code, pertaining to underground utilities and encroachment into public rights-of-way. 3. Operational Requirements a. Time Limits The maximum duration of the approval period for a utility-scale solar facility shall be twenty-five (25) years. An extension of the approval of the permit may be granted by the reviewing authority. New conditions of approval may also be applied to an approval for extension, as may be deemed necessary based upon changing conditions or development in the surrounding area. b. Discontinued Use The operator of a lawfully erected facility, and the owner of the property upon which it is located, shall promptly notify the Director of Planning in writing in the event that use of the facility is discontinued for any reason. In the event that the discontinued use is permanent, the owner(s) and/or operator(s) shall promptly
Page 12 remove the facility, and repair any damage to the property caused by such removal, including revegetation and road repair. All such removal and repair shall be completed within ninety (90) days after the use is discontinued, and shall be performed in accordance with all applicable zoning and health and safety and codes requirements. For purposes of this paragraph, a discontinued use shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three-month period. c. Abandonment Structures associated with solar power generating facilities that have been determined to be inoperative or abandoned for a period of six (6) months shall be removed, unless a new application to reestablish the use are filed with the City. d. Removal by City The City may remove an abandoned facility, repair any and all damage to the property caused by such removal, and otherwise restore the property as is appropriate to be in compliance with the applicable code at the following times: 1) after thirty (30) days following a notice of abandonment, or 2) following a notice of decision by the Director of Planning, subject to the owner/operator s right of appeal under the City of Palmdale Municipal Code. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City s use, sell it, or dispose of it in any manner deemed by the City to be appropriate. e. City Lien on Property When the City removes an abandoned facility pursuant to subsection (d) above, the cost for the removal, repair and restoration of the site, and storage of the materials shall be recouped through the placement of a lien on the real property on which the facility was located, for the full amount of the cost of removal, repair, restoration, and storage. The Director of Planning
Page 13 shall cause the lien to be recorded in the County of Los Angeles Recorder s Office. SECTION 32. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 33. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 7 th day of December, 2011, becoming effective on the 6 th day of January, 2012, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: James C. Ledford, Jr., Mayor Rebecca J. Smith Acting City Clerk Approved as to form: Wm. Matthew Ditzhazy City Attorney