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TO: Planning Commission Members
FROM: John McCool, Senior Planner
DATE: June 23, 2016
RE: Solar Energy Regulations — Response to Planning Commission Inquiries
On May 23, 2016, the Planning Commission asked why community solar gardens are allowed by a con-
ditional use permit versus interim conditional use permit. This memo provides background information
regarding the process in preparing the solar collection system ordinance and some insight why a condi-
tional use permit application was required for community solar gardens and/or large utility solar farms.
The first meeting where solar ordinance regulations were discussed by the Planning Commission was
May 18, 2015. At this meeting, the Planning Commission discussed and generally supported the idea of
allowing solar collections systems in the community. City staff was directed to provide additional infor-
mation. Most of the discussion pertained to solar collection systems on residential rooftops, on top of
accessory structures, free-standing solar collection systems, and minimum lot area requirements.
The Planning Commission discussed solar ordinance regulations at three subsequent meetings and one
joint workshop with the Environmental Commission. The public hearing for the proposed solar collector
system ordinance was held on September 28, 2015. The City Council adopted Ordinance No. 948, the
Solar Collection System ordinance, on October 7, 2016.
There was not a lot of dialog about requiring a conditional use permit or interim conditional use permit for
large utility solar collection systems (community solar gardens or solar farms) in the rural and agricultural
areas of the community. A summary of solar ordinances in other communities in the metropolitan area
was presented at the June 22, 2015, Planning Commission meeting. It was reported that not many com-
munities had adopted solar ordinances and of the few communities that did have ordinances, a condi-
tional use permit application was typically required. Representatives from the solar industry attended
several of the Planning Commission meetings during this process in developing the solar ordinance.
They generally described large scale solar collection systems as operating for 25 to 30 years.
It is staff's opinion that a conditional use permit was typically required based on the idea that large utility
solar collector systems are generally a long-term venture that costs hundreds of thousands of dollars to
construct with a return on investment to be more than ten years. An interim conditional use permit is
typically for short-term events that are usually granted for a three -to -five year period. Based on develop-
ment costs and the premise that the success of solar collection systems might become a semi-permanent
land use, a conditional use permit application made the most sense.
If the Planning Commission wants to amend the solar collection system ordinance, please provide City
staff with specific direction on what the amendments should be. Any amendments to the solar collection
system ordinance that are adopted in the future would not change the three already approved community
solar garden projects and the one proposed solar project that is on the June 27, 2016, Planning Com-
mission agenda.