Livermore City Zoning Code
SOLAR ENERGY
SYSTEMS
§ 153.190 DESIGN STANDARDS.
(A) The components and subsystems required to convert solar energy into electric energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing.
(B) For the purposes of these zoning regulations, solar energy systems are divided into three classes.
(1) Level 1 Solar Energy System. A roof-mounted system on any code compliant structure, an area of up to 50% of the footprint of the primary structure on the parcel, but not more than one acre and not more than 25 feet tall or any building integrated system (i.e., shingle, hanging solar, canopy and the like).
(2) Level 2 Solar Energy System. Any ground-mounted system not included in a Level 1 SES and meets the following area restrictions.
(a) In an agricultural zone, the area of the SES shall not exceed one-half acre in size and shall require a building permit issued by the Chairperson of the Planning Commission or his or her designee, in areas exceeding one-half acre, a site plan shall be required by the county’s Planning Commission.
(b) In an industrial zone, the SES shall not exceed ten acres in size.
(c) In an industrial zone, an SES of any size shall require a site plan approved by the county’s Planning Commission.
(3) Level 3 Solar Energy System. Any system that does not satisfy the parameters for a Level 1 or Level 2 SES.
(C) A panel measuring less than 20 square feet for the primary purpose of charging a battery(s) at a remote site shall be exempt from this regulation (i.e., weather station, storm warning siren, communications tower and the like).
(Ord. 20.920-1, passed 3- -2020)
§ 153.191 REQUIREMENTS.
Solar energy systems (SES) shall comply with the following criteria.
(A) The height of any ground-mounted SES shall not exceed 25 feet as measured from the highest natural grade below each solar panel (excludes utility poles, substations and antennas constructed for the project).
(B) Setback requirements for Level 1 and Level 2 SES shall be in compliance with the zoning classification for the parcel.
(C) Setback requirements for Level 3 SES shall be as follows.
(1) All equipment shall be at least 25 feet from the perimeter property lines of the project area.
(2) No interior property line setbacks shall be required if the project spans multiple contiguous properties.
(3) All equipment shall be located at least 100 feet from any residential structure and the maximum height of any individual component will be 25 feet measured from the local ground level of the component.
(D) All Level 3 SES shall be screened with a seven-foot tall fence and, to the extent reasonably practicable, a visual buffer that provides reasonable screening to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). A vegetation screening plan to reduce the view of the SES from residential dwelling units on adjacent lots will be submitted for approval of the county’s Planning Commission. The existing natural tree growth and natural land forms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. When no alternative vegetation screening plan is approved by the county’s Planning Commission, a double row of staggered evergreen trees will be planted 15 feet on center from adjacent non-participating residential dwellings including the outdoor living space immediately near residential dwellings.
(E) Parcel boundaries with no proximity to residential dwellings shall not require screening. The proposed evergreen trees shall be placed on the exterior of security fencing. The use of barbed wire or sharp pointed fences shall be prohibited in or along any boundary adjoining residential properties. There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions or signs that are required by a federal, state or local agency. Such signs shall not exceed five square feet in area.
(F) Excessive lighting shall be prohibited except that required by federal or state regulations.
(G) Decommissioning of Level 3 SES shall be as follows.
(1) The developer shall post a surety bond, or other form of security acceptable to the county, for the abandonment of the site and in the event the Commission must remove the facility. Abandonment shall be when the SES ceases to transfer energy on a continuous basis for 12 months. The surety bond or other form or security shall be 1% of the total project cost recalculated every five years during the project life.
(2) A decommissioning plan shall be submitted at the time of application by the developer responsible for decommissioning and must include the following:
(a) Defined conditions upon which the decommissioning will be initiated (i.e., there has been no power production for 12 months, the land lease has ended or succession of use of abandoned facility and the like);
(b) Removal of all non-utility owned equipment, conduit, structures, fencing, roads and foundations to the depth of three feet;
(c) Restoration of the property to substantially similar physical condition that existed immediately prior to construction of the SES;
(d) The time frame for completion of decommissioning activities;
(e) The party currently responsible for decommissioning; and
(f) Plans for updating the decommissioning plan.
(Ord. 20.920-1, passed 3- -2020)