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Kings County Planning Commission

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Kings County Planning Commission KINGS COUNTY PLANNING COMMISSION Regular Meeting Government Center 7:00 P.M. Hanford, California In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development Agency at (559) 852-2680 by 4:00 p.m. on the Thursday prior to this meeting. Agenda backup information and any public records provided to the Commission after the posting of the agenda for this meeting will be available for public review at the Kings County Community Development Agency, Building No. 6, Kings County Government Center, 1400 W. Lacey Blvd., Hanford, California. AGENDA December 3, 2018 This meeting will be held in the Board of Supervisors Chambers, Administration Building No. 1, Kings County Government Center, 1400 W. Lacey Boulevard, Hanford, California. Pursuant to California Government Code Section 65009, subdivision (b), if you challenge a decision of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. I. CALL TO ORDER - Kings County Planning Commission Meeting 1. REQUEST THAT CELL PHONES BE TURNED OFF 2. PLEDGE OF ALLEGIANCE 2. SUMMARY OF THE AGENDA - Staff 3. UNSCHEDULED APPEARANCES Any person may address the Commission on any subject matter within the jurisdiction or responsibility of the Commission at the beginning of the meeting; or may elect to address the Commission on any agenda item at the time the item is called by the Chair, but before the matter is acted upon by the Commission. Unscheduled comments will be limited to five minutes. 4. APPROVAL OF MINUTES - Meeting of November 5, 2018. II. OLD BUSINESS 1. Conditional Use Permit No. 10-05 Amendment (American Kings Solar, LLC) - The applicant proposes to construct, operate, maintain, and decommission the American Kings Solar Project (Project), consisting of up to a 128 MW alternating current (AC) solar PV power generating facility on approx. 974 acres of private lands. The facility will also include battery storage up to approx. 500 MW hours, which will be used to optimize power to the grid, such as charging the batteries when excess electrical generation is available and supplying power to the grid when electrical demand is high. The Project site is located at 15671 25th Avenue, Lemoore on Assessor Parcel Numbers 024-190-023, 044, 059, 063, 066, 068, 071, 024-210-003, 016, 017, 024-231-008, 024-232-004, 024-241-001, and 026-020-015. A. Staff Report B. Public Hearing C. Decision III. NEW BUSINESS 1. Development Code Text Change No. 668.14, General Plan Amendment No. 18-02, & Change of Zone District Boundaries No. 18-01 - Amendment of various sections of the Kings County Development Code, General Plan Amendment No. 18-02 & Change of Zone District Boundaries No. 18-01 as part of the Community Development Agency’s continuing administration and maintenance of the Development Code & General Plan. A. Staff Report B. Public Hearing C. Decision IV. MISCELLANEOUS 1. FUTURE MEETINGS - The next regular meeting of the Planning Commission is scheduled for Monday, January 7, 2019. 2. CORRESPONDENCE 3. STAFF COMMENTS 4. COMMISSION COMMENTS V. ADJOURNMENT H:\PLANNING\LAND DEVELOPMENT SECTION\PLANNING COMMISSION\PC-AGENDA\2010 TO 2019\2018\12-3-18 PC AGENDA.DOC NOTICE OF RIGHT TO APPEAL: For projects where the Planning Commission's action is final, actions are subject to appeal by the applicant or any other directly affected person or party and no development proposed by the application may be authorized until the final date of the appeal period. An appeal may be filed with the Community Development Agency at 1400 W. Lacey Blvd., Building #6, Hanford, CA, on forms available at the Community Development Agency. A filing fee of $320.00 must accompany the appeal form. The appeal must be filed within 8 days of the Planning Commission's decision date, not including the date of the decision. If no appeal is received, the Planning Commission's action is final. There is no right of appeal for projects for which the Planning Commission's action is advisory to the Board of Supervisors. Staff Report KINGS COUNTY PLANNING COMMISSION STAFF REPORT Conditional Use Permit No. 10-05 Amendment Development Code No. 668.13 APPLICANT: American Kings Solar, LLC PROPERTY OWNER: American Kings Solar, LLC, 135 Main Street, 6th Floor, San Francisco, CA 94105 LOCATION: The proposed project is to be located on an approximately 974-acre site located within an unincorporated portion of Kings County. The site is bounded by SR 198 to the north, 25th Avenue to the west, and the Avenal Cutoff Road to the south and east. GENERAL PLAN DESIGNATION: Exclusive Agriculture 40-Acre ZONE DISTRICT CLASSIFICATION: Exclusive Agriculture (AX) CONDITIONAL USE PROPOSED: American Kings Solar, LLC (Applicant) proposes to construct, operate, maintain, and decommission the American Kings Solar Project (Project), consisting of up to a 128 MW alternating current (AC) solar PV power generating facility on approximately 974 acres of private lands in the previously permitted location. The facility will also include battery storage up to approximately 500 MW hours, which will be used to optimize power to the grid, such as charging the batteries when excess electrical generation is available and supplying power to the grid when electrical demand is high. The Project would provide renewable generation capacity that would be dispatched to the California electricity market. The electrical energy generated by the Project would be delivered to the Pacific Gas and Electric Company (PG&E) electrical transmission grid pursuant to terms and conditions of an Interconnection Agreement. The Project would be connected to the electrical grid at the existing PG&E Henrietta Substation located adjacent to the Project site. Major on-site facilities include the solar power generating facility, a 70 kilovolt (kV) substation, an on-site segment of the 70 kV gen-tie line from the Project substation to the Henrietta Substation, O&M facilities, and battery storage. Access to the solar site will be provided via existing 25th Avenue. Utilities including water and electric distribution lines (on up to three utility poles each with a C.U.P. No. 10-05 Amendment Staff Report maximum height of 25 feet) will also be located on-site or adjacent. Communications lines will be either provided at or adjacent to the Project site, or by microwave tower. Off-site facilities include the off-site segment of the 70 kV gen-tie line connecting the Project substation to the Henrietta Substation, associated communications from the Project to the Henrietta Substation, and a 70 kV breaker and other associated equipment within the Henrietta Substation. These off-site facilities will be located on PG&E’s property, and owned and maintained by PG&E. Temporary facilities, required for Project construction, include the mobilization, laydown, pulling/tensioning areas, water, and utilities for construction. These facilities would be removed at the end of the construction period. CURRENT USE OF SITE: The approximately 974-acre Project site is comprised of multiple parcels as shown in Table A: List of Assessor’s Parcel Numbers and Acreage for Project Site, currently used for non-irrigated dryland livestock grazing, a change from its previous use for irrigated agricultural production which ceased in 2016. Existing rights-of-way cross the Project site and are associated with existing pipelines, and existing and future transmission lines. Table A: List of Assessor’s Parcel Numbers and Acreage for Project Site Assessor’s Parcel Number (APN) Acres1 024-190-023 79.3 024-190-044 52.8 024-190-059 11.7 024-190-063 15.3 024-190-068 58.8 024-190-071 243.5 024-190-0742 17.7 024-190-0752 362.2 024-190-0762 20.1 024-210-003 10.0 024-210-016 14.1 024-210-017 34.9 026-020-015 44.4 024-250-0013 4.6 024-250-0133 0.9 024-250-0143 2.8 024-210-0023 1.2 Total 974.3 1 Acreages shown in table are from ALTA/ACM Land Title Survey prepared by GHD, A Portion of Sections 26, 27, 34, and 35, T.19S., R19E., M.D.M. and a Portion of Section 3, T.20S., R.19E., M.D.M., County of Kings, State of California, February 2015, Updated September 23, 2016, reflecting C.U.P. No. 10-05 Amendment Staff Report the legal descriptions and exceptions as stated in the referenced survey 2 Previous Assessor’s Parcel Numbers (APN) 024-231-008, 024-232-004, 024-241-001, and 024-242-001 were reconfigured via a parcel map revision in 2016. The Kings County Tax Assessor’s Office has assigned new APNs 024-190-074, 024-190-075, and 024-190-076. 3 APNs 024-250-001, 024-250-013, 024-250-014, and 024-210-002 were not part of the previously approved CUP No. 10-05. The Project includes these additional parcels as part of the Project site. DISCUSSION: On November 5, 2018, the Planning Commission received the staff report for Conditional Use Permit No. 10-05 Amendment and opened the public hearing for the project. After receiving testimony from interested persons which included 7 exhibits being submitted the Planning Commission chose to continue the public hearing to their next meeting on December 3, 2018. Following the November 5, 2018 Planning Commission meeting comments were received from the California Fish and Wildlife Department dated November 2, 2018. Attachment No. 1 of this staff report provides a response to the comments received from the California Fish and Wildlife Department.
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