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Conditional Use Permit Application
NCS Solar Project
North Chico Solar LLC
III.APPLICATION REQUIREMENTS (Form No. PLG-06) – PROJECT INFORMATION
A.Application
The Applicant has completed the Project Information Form (DPL-1), Agent Authorization Form
(DPL-02), and the Project Setting Description Form (DPL-4) included above in Section I of this
application.
B.Project Narrative
1.Proposed Use of Project
North Chico Solar LLC (the “Applicant” or “NCS Solar”) proposes to construct a ground-
mounted solar photovoltaic energy facility with battery storage (the “Project”) on
approximately 1,711 acres of land zoned as AG-40 (“Property” or the “Site”) in Butte County,
California. The Project has a maximum capacity of approximately 300 megawatts alternating
current (“MWac”) with up to 120 MWac x 4 hours of battery storage for clean electric
generation sale to government agencies, community choice aggregation entities and/ or
private enterprises within California communities. The Project’s proposed Site Plan is set forth
in Exhibit A.
The Applicant is a California limited liability company registered to do business in California.
Its majority member is BAP Power Corporation (dba Cenergy Power, “Cenergy”), a national
solar developer headquartered in Aliso Viejo, California. NCS Solar would be the owner of the
solar energy facility and would be responsible for its operation and maintenance.
Cenergy has Site control of the Property pursuant to a purchase option agreement with the
property owner, Nance Canyon Partners, L.P., a California limited partnership. The Property is
located off Skyway Road, which is approximately 1.3 miles southeast of Chico in Butte County.
According to the Alternative Energy Structures section of the Zoning Ordinance (24-157), the
Project would fit into the Tier 4 category as “a ground-mounted Solar Energy System for power
generation.” Tier 4 systems are categorized as “Utility, Major” and are limited to agricultural
zones designated as “Grazing Land” as defined by the California Department of Conservation
Land Resource Protection Farmland Mapping and Monitoring Program (FMMP).
The Project will use a single-axis tracking design that would allow the solar panels to track the
sun. An alternate design using a fixed-tilt racking system may be developed as a backup
option. Additional electrical equipment includes inverters that convert the PV-generated
electricity from DC to AC power and other equipment to connect to the utility transmission
system. The solar array will operate only during daylight hours and produce minimal noise.
The top of the Project’s solar arrays will reach a height of up to approximately 10 feet above
grade and will be installed in rows, spaced approximately 14-20 feet apart. The Project’s
battery storage units will supplement the solar energy generation and have a maximum height
of approximately 10 feet.
2.Services Provided
The Project will generate clean electric power for sale to government, community choice
aggregation entities and/or other enterprises within California communities.
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NCS Solar Project
North Chico Solar LLC
3. Activities Occurring on the Property
Prior to construction, activities on the property will include surveys, soil testing and other
similar activities related to preparing the Site for the permitting process and eventual
construction of the Project system.
During the construction phase, activities will include minor grading, the installation of steel
posts as foundations for the racking system, installation of the racking, solar panels, electrical
wiring, inverters/inverter pads, transformers, battery storage, substation, communications,
and related equipment needed for the successful completion of the Project and
interconnection to the transmission grid.
After construction is complete and the system is operating, onsite activities will include
maintenance of the facility, which will include vegetation management, washing the solar
modules, and inspection of the equipment and the Site. Repairs would occur as needed. The
Site will be monitored remotely for performance and maintenance-needed notifications.
To maintain the scenic beauty of the Skyway Road, an agricultural fence will be installed that
blends naturally into the surrounding environment and prevents public access to electrical
hazards and equipment. The Applicant will also implement pollinator-friendly vegetation and
grazing sheep as compatible agricultural features of the Project. Please see Exhibit B for our
Agricultural Management Plan.
4. Square Footage of Structures and Outdoor Areas
The Project will be located on five adjacent parcels, which have a cumulative acreage of
approximately 1,711 acres of undeveloped, vacant ranchland located along the southern edge
of Skyway Road.
The Project will be outdoors and will be comprised primarily of solar modules, battery storage
equipment, trackers, inverters, and substation equipment. Other than utility poles and the
substation, the height of the tallest equipment is not anticipated to exceed 15 feet. The
Project will connect to the existing WAPA transmission line that traverses across the property.
5. Estimated Number of Customers or Occupants
None, not applicable.
6. Hours and Days of Operation
During construction, the work is expected to take place during daylight hours between
approximately 7:00 am PST and 5:00 pm PST, Monday-Friday. At times, additional work may
be needed after hours or on weekends.
After construction, the solar system operates passively with no onsite presence and is
monitored remotely. Routine maintenance (including solar module cleanings) occurs as
scheduled or as needed throughout the year during normal daylight hours.
7. Number of Employees, and Other Applicable Information
During construction of the facility, the onsite workforce may range from 30 up to 200 people
at any given time. Post-construction, as noted above, no permanent employees will be
needed at the Site but maintenance crews numbering anywhere from 2 to 10 people or more
may be on the Site, as needed, depending upon the nature of the maintenance work.
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NCS Solar Project
North Chico Solar LLC
C. Environmental Health Pre-Authorization Form
As advised by the Butte County Health Division, the Applicant will consult with the Butte County
Planning Department on whether the Environmental Health Pre-Authorization Form is applicable.
The Applicant does not anticipate any issues as there are no proposed wastewater or water
facilities onsite.
The Project implementation will not need onsite water, wastewater treatment, or solid waste
facilities. The Project will not conflict with solid waste regulations or introduce interference to
any existing system.
The proposed Project will undergo construction over a period of up to twelve (12) months, which
will involve Site preparation work and installation of the Project equipment. The Applicant will
implement dust control best management practices to minimize dust effects on adjoining parcels,
and if needed, water trucks and other measures will be used to mitigate dust.
The solar arrays, once installed, would operate with minimal noise, with the only moving parts
being the motors on the racking system used to enable the panels to track the sun throughout the
day. As a result, the operation of the Project will not result in any detrimental or toxic health
effects for those living or working in the vicinity. The construction and operation of the proposed
Project will not adversely affect the health or safety of those residing or working in the vicinity,
and it will not be detrimental to the public welfare or injurious to the property or surrounding
properties.
D. Site Plan
The Project Site Plan is attached as Exhibit A. Two hard copies (11” x 17”) are submitted as part
of this application.
1. Vicinity Map
A regional and Project location map showing the location and boundary of the Project are
provided in Exhibit C.
2. Information Table
Table 1: Project Information Table
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Conditional Use Permit Application
NCS Solar Project
North Chico Solar LLC
Project Developer: North Chico Solar LLC
Developer Phone#: +1 (760) 603-1933
Developer Address: 26880 Aliso Viejo Parkway, Aliso Viejo, Suite 100, Aliso Viejo, CA 92656
Project Rated
i
Up to 300 MWac Array with X 120 MWac x 4 hours of battery storage
Mounting Type: Ground-mounted single axis tracker (or fixed tilt system as an
alternative)
Parcel Owner: Nance Canyon Partners, L.P.
Owner’s Mailing
Address: 2038 Daladier Drive, Rancho Palos Verdes, CA 90275
Project Parcel Address: 2000 Skyway Road, Chico, Butte County, CA 95928
Project Coordinates: 39.695319, -121.740128
Parcel Information
APN; (acres; zoning)
1) 040-600-075 (558.22 acres; AG-40)
2) 040-600-076 (350 acres; AG-40)
3) 040-600-044 (91.78 acres; Multizone)
4) 040-600-045 (380 acres; AG-40)
5) 040-600-068 (331.71 acres; AG-40)
Project Acreage: Up to 1,711 acres
Parcel Acreage: Gross acreage is approximately 1,711 acres
3. Property Boundaries
The property maps from the Butte County Recorder’s Office are shown in Exhibit D. The maps
show the property line direction and length, rights-of-way, and easements with the noted size.
Accessor Parcel Numbers Recorders Book & Page Number
040-600-045
040-600-044
Book 132 Page 90-92
040-600-068 Book 136 Page 34-36
040-600-075
040-600-076
Book 136 Page 62-64
4. Buildings and Setbacks
Four of the five Project parcels are zoned AG-40 and one Project parcel (APN 040-600-044) is
zoned Multizone. Pursuant to our Site Plan, we will comply with zoning requirements for
setbacks and buildings.
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NCS Solar Project
North Chico Solar LLC
5. Traffic and Circulation
Construction access will be from Skyway Road. No driveway encroachments onto Skyway Road
are planned. The approximate locations of the driveways for the Site are shown on the Site
Plan.
Construction personnel will arrive at the Site in the morning and leave in the afternoon each
weekday. Carpooling will be encouraged for all construction workers to minimize the number
of vehicle trips.
6. Natural Features
According to the U.S. Fish & Wildlife Service Wetland Inventory Map of the Site in Exhibit E,
three riverines classified as intermittent streams flow through the Site from east to west.
There are no Riparian or Riparian Mapping Areas identified on the Site.
According to FEMA National Flood Hazard Layer (NFHL) of the Site at Exhibit F, there are no
flood hazards identified on the Site.
According to the Butte County GIS erosion layer of the Site in Exhibit G, there are erosion
areas on the southeastern border of the Site due to an existing ridge line. The map layer
indicates this area as a “severe erosion hazard area.” The Applicant will have an erosion
mitigation plan put in place to address this area.
According to Butte County GIS fire hazards layer of the Site in Exhibit G, there is a fire
hazard potential along the northern border of three of the Project’s parcels across from
Skyway Road. The parcels potentially affected are APN 040-600-076-000, 040-600-045-000,
040-600-068-000. The Applicant will coordinate with the California Office of the State Fire
Marshal and Butte County Fire Department to provide training for personnel on how to
safely interrupt electrical power in the event of emergency incidents that require fire
suppression or rescue activities. The Project will have an emergency shut off switch
installed and there will be fire extinguishers mounted on each equipment pad to ensure
quick access in case of a fire.
Our Agriculture Management Plan will be implemented to actively manage combustible
vegetation under and around the solar panels, fence lines, and on and around the Project
boundary. The Applicant intends to use sheep to manage vegetation growth as part of this
plan.
The Applicant will coordinate with the Butte County Fire Department to develop a fire
prevention and emergency action plan for the Site, addressing potential exposure to fire
and other hazards in Project area. The plan will include measures to ensure that all
potential fire hazards are identified and mitigated effectively.
Additional Features - Airports
There are one (1) public and two (2) private airports within a 10-mile radius of the Project
Site. The nearest airport, Paradise Skypark Airport, is approximately 5 miles away from the
nearest corner of the Project parcels. The airport locations can be seen in Exhibit C.
According to the Federal Aviation Administration list of public and private airports
database, the Project parcels do not exceed the Notice of Criteria requirements that would
trigger FAA notification requirements.
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NCS Solar Project
North Chico Solar LLC
E. Property Ownership Verification
The Grant Deed and Legal Descriptions for the five parcels are provided in Exhibit H.
F. Project Setting Description Instructions Form (Form No. DPL-04)
Attached in Section 1 is the completed Form No. DPL-04. The associated exhibits for this form can
be found in Exhibit I for Contour Map, Exhibit J USDA Soil Map, and Exhibit K for the Gallaway
Enterprises’ three environmental reports:
Preliminary Constraints Analysis;
Preliminary Wetland Assessment Impacts; and
Botanical Survey for Butte County meadowfoam.
G. Building Elevations – Preliminary Design Review
No buildings are proposed as part of this Project, however, plans for the solar system, battery
storage system, and substation structures will be constructed as part of the Project. Please see
the Project Construction Plan in Exhibit M.
H. Floor Plans
Not applicable. The only structures related to this Project are the solar system, battery storage,
substation structures, and related equipment, which do not have floor plans.
I. Filing Fees
Under the Butte County Master Fee Schedule effective January 1, 2023, it appears that a
Conditional Use Permit considered by the Planning Commission requires a flat fee of $8,145.00.
The Applicant will pay all applicable fees.
Airport Name Type Distance from Project Site
Paradise Skypark Airport Private Approximately 5 miles southeast
Ranchaero Airport Private Approximately 5.5 miles northwest
Chico Municipal Airport Public Approximately 7.5 miles north
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Conditional Use Permit Application
NCS Solar Project
North Chico Solar LLC
IV. Zoning Ordinance: Chapter 24-157 Alternative Energy Structures
The following section describes the proposed Project’s compatibility with the County’s existing solar
ordinance (Alternative Energy Structures Chapter 24-157). Relevant sections of the ordinance are
excerpted in bold followed by a discussion of each excerpt in relation to the Project.
A. Location and Permit Process, Solar Energy Systems
The proposed Project falls under the permitted “Utility, Major” or Tier 4 category listed in the
ordinance Table 24-157-1 (Solar Energy and Wind Energy Systems).
B. Definitions, Solar Energy Systems
Pursuant to Zoning Ordinance 24-157, the proposed Project is allowed. The proposed Project is a
ground-mounted solar energy system located on grazing land, according to the latest California
Department of Conservation Division of Land Resource Protection Farmland Mapping and
Monitoring Program and is in Agriculture-zoned land in Butte County. The Project Site is not
subject to a Williamson Act Contract and is defined as a Tier 4 solar energy system where all
power generated is delivered off Site with little or no onsite use.
C. Standards, Solar Energy System
1. Photovoltaic panel systems shall meet all applicable performance standards established by
the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the
Public Utilities Commission regarding safety and reliability.
The Project will comply with these performance standards.
2. Ground-mounted photovoltaic panel systems shall be required to meet all setback areas of
the applicable zone.
The Project design will comply with the AG-40 zoning district setback requirements.
3. Height, Parcel Size and Setback for ground-mounted photovoltaic panel systems shall be in
accordance with Table 24-157-2, except where a minor use permit has been approved
allowing different standards.
The proposed Project is on approximately 1,711 acres and will adhere to the 15 feet maximum
height requirement for ground-mounted photovoltaic panel systems of this size. The Project is
in AG-40 zone designation and will follow setback requirements for that zone.
4. Photovoltaic panel systems attached to the roof of a structure shall not project more than 6
feet above the maximum elevation of the roof. Projections greater than 6 feet but no more
than 12 feet above the maximum elevation of the roof may be permitted with the approval
of a minor use permit.
Not applicable. This Project is a ground-mounted solar system.
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NCS Solar Project
North Chico Solar LLC
5. If the Solar Energy Facility is located on or adjacent to an agricultural zone, the applicant
must acknowledge the County’s Right-to-Farm Ordinance and shall be required to record a
Right to Farm Notice on their parcel prior to issuance of any Building Permits. This shall be
included as a recommended condition of approval of the land use entitlement.
The Applicant acknowledges the Right-to-Farm Ordinance and will record a Right-to-Farm
Notice on the Project parcels prior to obtaining any Building Permit.
6. For Solar Energy Facilities in Scenic areas, as designated in the General Plan (Figures COS-7,
and COS-9, Conservation and Open Space Element), efforts shall be made by the
owner/installer of the Solar Energy Facility, to the maximum extent practicable, to shield the
Solar Energy Facility from public view. On-site transmission and power lines shall, to the
maximum extent practicable, be placed out of sight or underground.
The northern boundary of the Project Site abuts a segment of the Scenic Highway Zone located
along Skyway Road, serving as a connection between the Cities of Chico and Paradise. The
Applicant will keep existing vegetation along the scenic highway area. As seen in the visual
renderings in Exhibit L, the solar arrays will have minimal visual impact on the natural
aesthetics due to the gradual downward slope of the landscape.
7. A Solar Energy Facility, other than a minor utility system, that ceases to produce electricity
on a continuous basis for 24 months shall be considered abandoned unless the property
owner/developer demonstrates by substantial evidence satisfactory to the Development
Services Department that there is no intent to abandon the facility. Parcel owners are
required to remove all equipment and facilities and restore the site to its original condition.
The Applicant agrees to remove all equipment and facilities and restore the Site to its original
condition should the solar energy facility cease to produce electricity on a continuous basis for
twenty-four (24) months and the Applicant intends to abandon the facility. Please see the
Decommissioning Plan in Exhibit N.
8. Solar Canopies
Not applicable. No solar canopies will be installed as part of the Project.
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NCS Solar Project
North Chico Solar LLC
V. EXHIBITS
Exhibit A: Proposed Site Plan
Exhibit B: Agricultural Management Plan
Exhibit C: Regional Map
Exhibit D: Property Boundaries
Exhibit E: U.S. Fish and Wildlife National Wetland Inventory
Exhibit F: FEMA National Flood Hazard Layer
Exhibit G: Natural Hazards
Exhibit H: Grant Deeds
Exhibit I: Contour Map
Exhibit J: USDA Soil Map
Exhibit K: Gallaway Environmental Reports
Exhibit L: Viewshed Analysis
Exhibit M: Project Construction Plan
Exhibit N: Decommissioning Plan and Costs
Exhibit O: Project Components