(December 6)  San Bernardino County supervisors on December 3 approved an ordinance that provides restrictions on the placement and intensity of commercial solar energy generating plants and provides a yearly fee schedule to cover the county’s costs for providing services to the facilities.
The ordinance amends the county’s previous development code relating to solar energy projects. It’s first reading Tuesday will be followed up by another vote to give it final approval on December 17. It will go into effect 30 days thereafter, effectively ending a moratorium on solar projects that has been in place since June.
Much of the impetus for the development code change and the moratorium that preceded it came from a coalition of residents in the county’s rural desert communities, who are opposed to such facilities being sited in proximity to their homes. While many of them advocated solar plants being restricted to remote desert areas, environmentalists intent on the preservation of critical habitat for wildlife such as the desert tortoise have been resistant to the concept of locating large solar plants on pristine desert grounds.
The ordinance adopted this week does not resolve that paradox, but does put in place some measure of what both sides deem to be a layer of protection for existing communities and natural resources.
“This does not fix everything, but it’s a good step in the right direction,” said Third District Supervisor James Ramos. Ramos and his board colleague First District Supervisor Robert Lovingood represent San Bernardino County’s vast desert area.
“There were many solar projects that were in the wrong places at the wrong time,” Lovingood said. “Overall, I think we are taking a balanced approach that is needed.”
The revamped development code protects natural resources, rural residential areas and tourism, said Terri Rahhal, the county’s planning director.
The regulations being put in place will ensure that solar project developers gravitate toward using land zoned for commercial and industrial use that are removed from existing residential communities; that the projects have access to existing power transmission lines and that the projects do not result in erosion, dust generation or nighttime light pollution. The new standards introduce restrictions to prevent the projects from impinging on the scenic panoramas in and around Joshua Tree National Park and other wilderness areas or interfering with operations at the Army’s Fort Irwin military reservation or Marine Corps facilities in Twentynine Palms and Johnson and Wonder Valleys.
Solar project proponents will be required to demonstrate their projects are compatible with existing and planned land uses, and will not negatively affect sensitive resources, such as scenic views, habitat, agricultural land and air quality.
Solar plants and other commercial renewable energy facilities will be restricted to land that carries  resource conservation, agricultural, floodway, rural living, rural commercial, neighborhood commercial, general commercial, service commercial, highway commercial, community industrial, regional industrial and institutional zoning designations.
Under the section titled “Required Findings for Approval of a Commercial Solar Energy Facility,” the ordinance states, “(a) In order to approve a commercial solar energy generation facility, the planning commission shall, in addition to making the findings required under Section 85.06.040(a) of the San Bernardino County Development Code, determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy. The planning commission shall consider:
 (1) the characteristics of the commercial solar energy facility development site and its physical and environmental setting, as well as the physical layout and design of the proposed development in relation to nearby communities, neighborhoods, and rural residential uses; and
 (2) the location of other commercial solar energy generation facilities that have been constructed, approved, or applied for in the vicinity, whether within a city or unincorporated territory, or on state or federal land. (c) The finding of fact shall include the following: (1) The proposed commercial solar energy generation facility is either (A) sufficiently separated from existing communities and existing/developing rural residential areas so as to avoid adverse effects, or (B) of a sufficiently small size, provided with adequate setbacks, designed to be lower profile than otherwise permitted, and sufficiently screened from public view so as to not adversely affect the desirability and future development of communities, neighborhoods, and rural residential use. (2) Proposed fencing, walls, landscaping, and other perimeter features of the proposed commercial solar energy generation facility will minimize the visual impact of the project so as to blend with and be subordinate to the environment and character of the area where the facility is to be located. (3) The siting and design of the proposed commercial solar energy generation facility will be either: (A) unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways, or (B) located in such proximity to already disturbed lands, such as electrical substations, surface mining operations, landfills, wastewater treatment facilities, etc., that it will not further detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways.
 (4) The siting and design of project site access and maintenance roads  have been incorporated in the visual analysis for the project and shall minimize visibility from public view points while providing needed access to the development site.
 (5) The proposed commercial solar energy generation facility will not adversely affect the feasibility of financing infrastructure development in areas planned for infrastructure development or will be located within an area not planned for future  infrastructure development (e.g., areas outside of water agency jurisdiction).
(6) The proposed commercial solar energy generation facility will not  adversely affect to a significant degree the availability of groundwater supplies for  existing communities and existing and developing rural residential areas.
 (7) The proposed commercial solar energy generation facility will minimize site grading, excavating, and filling activities by being located on land where the existing grade does not exceed an average of five (5) percent across the developed portion of the project site, and by utilizing construction methods that minimize ground disturbance.
 (8) The proposed commercial solar energy generation facility will be located in proximity to existing electrical infrastructure, such as transmission lines, utility corridors, and roads, so that: (A) minimal ground disturbance and above ground infrastructure will be required to connect to the existing transmission grid, considering the location of the project site and the location and capacity of the transmission grid, (B) new electrical generation tie lines will be co-located on existing power poles whenever possible, and (C) existing rights-of-way and designated utility corridors will be utilized to the extent practicable.
(9) The proposed commercial solar energy generation facility will be sited so as to avoid or minimize impacts to the habitat of special status species, including threatened, endangered, or rare species, critical habitat areas as designated by the U.S. Fish and Wildlife Service, important habitat/wildlife linkages or areas of connectivity designated by county, state or federal agencies, and areas of habitat conservation plans or natural community conservation plans that discourage or preclude development. (10) Adequate provision has been made to maintain and promote native vegetation and avoid the proliferation of invasive weeds during and following construction.
(11) The proposed commercial solar energy generation facility will be located so as to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes. (12) The proposed commercial solar energy generation facility will be designed in a manner that does not impede flood flows, avoids substantial modification of natural water courses, and will not result in erosion or substantially affect area water quality.
(13) The proposed commercial solar energy generation facility will not be located within a floodway designated by the Federal Emergency Management Agency (FEMA), has been evaluated for flood hazard  impacts pursuant to Chapter 82.14 of the development code, and will not result in increased flood hazards to upstream or downstream properties.
 (14) All on-site solar panels, switches, inverters, transformers, and substations shall be located at least one foot above the base flood elevation as shown on the Flood Insurance Rate Maps.
(15) For development sites proposed on or adjacent to undeveloped alluvial fans, the commercial solar energy generation facility has been designed to avoid potential channel migration zones as demonstrated by a geomorphic assessment of the risk of existing channels migrating into the proposed development footprint, resulting in erosion impacts. (16) For proposed facilities located on prime agricultural soils or land designated by the California Farmland Mapping and Monitoring Program as prime farmland, unique farmland, or farmland of statewide importance, where use of the land for agricultural purposes is feasible, the proposed commercial solar energy generation facility will not substantially affect the agricultural viability of surrounding lands.”
Contained in the ordinance is a noticing requirement that the developer advise any municipal advisory council, water agency and community services district where the project is proposed that the project is to be built. Noice must also be provided to all residents living within 1,000 feet of a proposed project’s external boundary.
The ordinance also establishes fees to be assessed annually, intended to mitigate the costs of providing public services to commercial solar energy generation facilities. Parcel sizes between zero and 4.99  acres will pay $580 per acre annually; those from five to 14.99 acres will pay $280 per acre annually; and those of 15 acres or greater will pay $157 per acre annually.
Solar project developers must obtain and maintain annually a special use permit that will entail subjecting their facilities to initial and annual code enforcement site inspections to ensure the projects are in full compliance with the ordinance.
The ordinance does not apply to rooftop solar installations. Developers can also get around the ordinance’s restrictions “There were many solar projects that were in the wrong places at the wrong time,” Lovingood said. “Overall, I think we are taking a balanced approach that is needed.” by locating their projects on state and federal land where the county does not have land-use jurisdiction. County land use services staff is developing a renewable energy element for the general plan that is to include a comprehensive map of contemplated energy development zones.  Upon completion, which is not anticipated until late 2014 or early 2015, that map will be incorporated into the ordinance.