(a) Purpose. The purpose of this Ordinance is to add provisions to the Yolo County Code to regulate the permitting and installation of energy storage systems. These changes are necessary and appropriate to improve and enhance public welfare and safety, to ensure compatible land uses in the vicinity of areas affected by energy storage systems, and to mitigate the impacts of energy storage systems on important environmental resources, such as agricultural lands and wildlife habitat.
(b) Definitions.
Dedicated use building
“Dedicated use building” shall mean a building that is constructed for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the California Building Standards Code, and complies with the following:
(i) The building’s only use shall be for energy storage, energy generation, and other electrical grid-related operations.
(ii) No other occupancy types shall be permitted in the building.
Participating property
“Participating property” shall mean an energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the energy storage system owner (or affiliate) regardless of whether any part of the energy storage system is constructed on the property.
Small energy storage system
“Small energy storage” shall mean one (1) or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand- alone 12-volt car battery or an electric motor vehicle. A small energy storage facility may be used in conjunction with an accessory renewable energy system and shall have an aggregate energy capacity less than or equal to six hundred (600) kWh and consist of only a single energy storage system technology.
Energy storage system
“Energy storage system” shall mean one or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. An energy storage system has an aggregate energy capacity greater than six hundred (600) kWh or is comprised of more than one (1) storage battery technology in a room or enclosed area. An energy storage system facility may be integrated with a utility renewable energy system with storage connected to the renewable energy system and the grid or may be a stand-alone storage facility with storage connected to the grid only.
(c) Applicability. The requirements of this Section shall apply to all energy storage systems permitted, installed, or modified in unincorporated Yolo County after the effective date of this ordinance, excluding general maintenance and repair. Energy storage systems constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this Section. Modifications to, retrofits or replacements of an existing energy storage system that increase the total energy storage system designed discharge duration or power rating shall be subject to the provisions of this Section.
(d) Permitting requirements. Energy storage facilities may be permitted to locate in the following zones:
Allowed Energy Storage System Uses and Permit Requirements
A = Allowed use, subject to zoning clearance* SP = Site Plan Review UP (m) = Minor Use Permit UP (M) = Major Use Permit N = Use Not Allowed | Land Use Permit Required by Zone | |||||||
A-N, A-X, A-I | A-C, A-R | RR-5, RR-2, R-L, R-M, R-H | C-L, DMX, C-G, C-H | I-L, I-H, OPRD | PQP | POS, P-R | Specific Use Requirements or Performance Standards | |
Energy Storage System | ||||||||
Small energy storage 600Kw) | A | A | A | A | A | A | A | |
Energy storage (>600kW to 2MW) | SP | SP | N\ | SP | SP | SP | N | See Sec. 8-2.1105(e) |
Energy storage (>2MW) | UP(m) | N | N | UP(m) | UP(m) | UP(m) | N | |
(1) Energy storage systems shall meet all applicable safety and performance standards established by the California Building Standards Code.
(e) Development standards for energy storage systems.
(1) Small energy storage systems must be installed in non-habitable spaces, such as utility rooms, garages, storage rooms or on the exterior of a building.
(2) Onsite utility lines shall be placed underground to the extent feasible and as permitted by the serving utility.
(3) Lighting of an energy storage system shall be limited to that minimally required for safety and operational purposes and shall be shielded and downcast from abutting properties and public right-of-way, and shall take into consideration protection of the rural night sky.
(4) Areas within ten (10) feet on each side of an energy storage system, excluding small energy storage systems, shall be cleared of combustible vegetation and other combustible growth. Removal of trees should be minimized to the extent possible.
(5) Noise generated from energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of sixty (60) dBA as measured at the property line of the nearest offsite residence. Applicants may submit equipment and component manufactures noise ratings to demonstrate compliance.
(6) Energy storage systems, excluding small energy storage systems, shall comply with the setback requirements of the zone in which they are located.
(7) Energy storage systems shall comply with the height limitations of the zone in which they are located.
(8) Energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
(f) Decommissioning.
(1) A decommissioning plan, developed in accordance with all relevant codes, shall be submitted with any application for an energy storage system, but excluding a small energy storage system, and shall be implemented upon abandonment and/or in conjunction with removal from the facility. The decommission plan shall include:
(i) A narrative description of the activities to be accomplished for complete physical removal of all energy storage system components, batteries, structures, equipment, security barriers, and transmission lines from the site;
(ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(iii) The anticipated life of the energy storage system;
(iv) The estimated decommissioning costs and method of ensuring funds will be available for decommission and restoration of the site;
(v) The manner in which the site will be restored, including a description of how any changes to the surrounding areas will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
(vi) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other natural disaster event.
(2) The owner and/or operator of the energy storage system, not including a small energy storage system, shall continuously maintain a fund or bond payable to the County of Yolo, in a form approved by the County, for the removal of the energy storage system, in an amount to be determined by the County for the period of the life of the facility. All costs of the financial security shall be borne by the applicant. (Ord. 681.236, eff. December 22, 2022)