This section refers to uses classified as Solar Energy Conversion Systems – Commercial, in Santa Clara County, California as
described in § 2.10.040.
§4.10.345 Solar Energy Conversion Systems–Commercial
This section refers to uses classified as Solar Energy Conversion Systems – Commercial, as described in § 2.10.040. Commercial solar energy conversion systems shall comply with all of the requirements of this section.
A. Exclusive Agriculture Zoning District. Such uses shall be subject to all of the following provisions in the A, Exclusive Agriculture, Zoning District:
- Prohibited in Agriculture–Large Scale. Such uses are not allowed on any land designated Agriculture–Large Scale by the general plan;
- Agriculture–Medium Scale Lands. Such uses may be allowed on lands with a general plan designation of Agriculture–Medium Scale, provided that the subject lot is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses. Projects must also demonstrate consistency with the provisions of Section 2.20.050, A Districts: Agricultural Preservation Criteria.
B. Prohibited in Certain Design Review Combining Districts. Not allowed on any land located within the –d1 (Santa Clara Valley Viewshed) and –d2 (Milpitas Hillsides) Design Review Combining Districts.
C. Criteria. Commercial solar energy systems are subject to all of the following provisions:
- Setbacks. All structures shall have a minimum setback of 30 feet.
- Signage. Signs visible from a public road shall only identify the manufacturer, installer, or owner of the system, or public health and safety information applicable to the installed systems. A facility shall be limited to two signs and aggregate sign area shall be no greater than 200 square feet.
- Wildlife Passage. In areas identified as containing important wildlife habitat, the facility shall be designed, to the maximum extent feasible, to allow continued use of the site for wildlife habitat and migration across the site.
- Construction and Operation. The design, construction and operation of the facility shall minimize soil disturbance to the maximum extent possible, and shall not substantially alter drainage from the site.
D. Williamson Act Limitation. No system shall be allowed on lands subject to a California
Land Conservation Act (Williamson Act) contract unless permitted as a compatible use.
E. Termination and Decommissioning. Solar energy conversion systems and all related equipment and accessory structures shall be removed following cessation of use as defined in either Section 5.40.070 or Section 5.65.050 of the Zoning Ordinance. Prior to the issuance of any building permits for the establishment of commercial solar energy conversion systems, a Closure and Rehabilitation Plan shall be submitted to the Planning Office for review and approval. The Plan shall provide for the removal, recycling, and disposal of all above ground structures and facilities to a depth of three feet below grade,
the restoration of graded areas to original contours, and re-vegetation of all disturbed areas. To the greatest extent possible, facilities shall use materials that can be recycled following decommissioning.
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