§ 84.29.040  Solar Energy Development Standards.
   (a)   Setbacks. Solar energy generating equipment and their mounting structures and devices shall be set back from the property line either pursuant to the standards in the Land Use Zoning District, or 130 percent of the mounted structure height, whichever is greater.
   (b)   Glare. Solar energy facilities shall be designed to preclude daytime glare on any abutting residential land use zoning district, residential parcel, or public right-of-way.
   (c)   Night Lighting. Outdoor lighting within a commercial solar energy generation facility shall comply with the provisions of Chapter 83.07 of this Development Code.
   (d)   Public Safety Services Impact Fees. The developer of an approved commercial solar energy generation facility shall pay a fee on an annual basis according to the following schedule:
 
Parcel Size
Fee Per Acre
0—4.99 acres
$580.00
5—14.99 acres
$280.00
15 acres or greater
$157.00
 
      Alternatively, the developer of an approved commercial solar energy generation facility shall pay an annual public services impact fee on a per acre basis based on a project-specific study of the project’s public safety services impacts, which study shall be paid at the developer’s expense, using a consultant approved by the County.
      Whether based on the above schedule or on the basis of the project-specific study, the per acre annual impact fee shall be adjusted annually based on the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County, California area.
   (e)   Special Use Permit. Prior to the start of construction, the developer of an approved commercial solar energy generation facility shall submit for review, and gain approval for, a Special Use Permit (SUP) from County of San Bernardino Code Enforcement. Thereafter, the SUP shall be renewed annually subject to annual inspections and the payment of fees required in Subsection (d) of this Section.  The annual SUP inspections shall review and confirm continuing compliance with the performance standards included in the Planning Commission’s findings of fact and the listed conditions of approval, including all mitigation measures. This comprehensive compliance review shall include evaluation of the operation and maintenance of the entire commercial solar energy generation facility. Failure to comply shall cause enforcement actions against the operator and owner of the facility. Such actions may cause a hearing or an action that could result in revocation of the facility’s Conditional Use Permit and imposition of additional sanctions and/or penalties in accordance with established County of San Bernardino land use enforcement procedures. Any additional inspections that are deemed necessary by the County of San Bernardino Code Enforcement Supervisor shall constitute a special inspection and shall be charged at a rate in accordance with the County Fee Schedule, including travel time, not to exceed three hours per inspection.
   (f)   Project Notices. Notice of an application for approval of a commercial solar energy generation facility shall be provided to the Municipal Advisory Council (MAC) for the area, any Community Service District or water agency serving the project site, and to all property owners, whether located in a city or in the unincorporated area of the County, within the following parameters:
      (1)   Area to be Notified. Owners of property located within 1,000 feet of the external boundaries of the parcel of the proposed site, or owners of property located up to 20 separate parcels away but not to exceed one quarter mile (1,320 feet), whichever is greater.
      (2)   Notification Timing. Notification shall be accomplished upon acceptance of a new Conditional Use Permit application or a revision to an approved action application for a commercial solar energy generation facility, with additional notice of public hearings provided as required by law to property owners within the area to be notified cited above.
(Ord. 4098, passed - -2010; Am. Ord. 4156, passed - -2011; Am. Ord. 4213, passed --2013)