HomeMy WebLinkAbout09.12.2024 Board Correspondence - FW_ La Porte Rd Solar Project (UP23-0005).ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
attachments, clicking on links, or replying..
From:Clerk of the Board
To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan;
Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen;
Teeter, Doug; Zepeda, Elizabeth
Subject:Board Correspondence - FW: La Porte Rd Solar Project (UP23-0005)
Date:Friday, September 13, 2024 10:15:58 AM
Attachments:image001.png
RPCA La Porte Appeal - Remove BESS rev2 240912.pdf
Please see Board Correspondence -
From: Ryan Nyberg <ryan@renewprop.com>
Sent: Thursday, September 12, 2024 2:50 PM
To: Clerk of the Board <clerkoftheboard@buttecounty.net>
Cc: Hickel, Rowland <rhickel@buttecounty.net>; Breedon, Dan <DBreedon@buttecounty.net>; Brian
Madigan <bmadigan@renewprop.com>; Stephanie Loucas <stephanie@renewprop.com>; Aaron
Halimi <aaron@renewprop.com>; Dodd, Jeff <jdodd@coblentzlaw.com>
Subject: La Porte Rd Solar Project (UP23-0005)
Dear Clerk of the Board of Supervisors,
On behalf of Renewable Properties and RPCA Solar 15, LLC, and in advance of the October 8th BoS
meeting, we submit the attached letter outlining our request to remove the BESS from the
contemplated project description for the La Porte Rd Solar Project (UP23-0005). We look forward to
discussing the details of this request with the Board and hope this alleviates some of the public
concern surrounding the proposed project.
Kind Regards,
Ryan
Ryan Nyberg
Permitting Manager
(M) +1 (415) 741-1684
ryan@renewprop.com | renewprop.com
Renewable Properties, LLC
44 Montgomery Street, Suite 3150
San Francisco, CA 94104
www.renewprop.com
September 12, 2024
Clerk of the Board
Butte County
Development Services Department
7 County Center Drive
Oroville, CA 95965
Subject: Request for La Porte Road Solar Project Modification and Appeal
Dear Honorable Chair Kimmelshue and Members of the Board of Supervisors,
On behalf of Renewable Properties and RPCA Solar 15, LLC, we respectfully request that the Board of
Supervisors authorize a modification to the La Porte Road Solar Project Description before considering
our appeal. The feedback we have received from the community has made it clear that the battery
storage component of the project presents the greatest cause for local concern and objection. While we
believe we have adequately addressed these concerns through site-specific modifications and strategic
siting of the proposed Battery Energy Storage System (BESS) equipment, we understand and respect the
Planning Commission’s concerns about introducing any use that might further escalate risk in a high fire
danger area.
Community Feedback and Project Adaptation
Our decision to remove the battery storage component from the project design is based on three key
considerations: community feedback, commissioner concerns, and the California Public Utilities
Commission's (CPUC) recent decision to adopt Community Solar legislation that deviates from the
legislature’s original policy objectives. These objectives included an expectation that all community solar
projects incorporate a BESS component to ensure that clean, renewable solar generation could better
serve load during peak demand periods.
Addressing Local Concerns
Given that many locals, including our neighbors to the north and south, host photovoltaic (PV) panels on
their homes and businesses, we expect the perception of risk associated with the project to greatly
diminish with the removal of the battery storage component. Consequently, opposition to the project
would likely revert to the familiar argument of “we love solar – just not here.” We acknowledge that a
change in a neighbor’s viewshed can be challenging to adjust to. However, to our knowledge, our
neighbors have not entered into a viewshed easement with our landowner to protect or ensure their
view of his pasture does not change. As such, the claims against community character and aesthetics can
be mitigated through vegetative screening – which we have offered. We submit that if our neighbors
wished to ensure our landowner maintained his property as an open field indefinitely, the proper
mechanism to preserve this right would have been to purchase the development rights associated with
this property from him.
Respecting Property Rights
Individual property rights are a cornerstone of our community and legal system. The landowner has the
right to develop their property within the confines of local zoning laws. The proposed solar project is a
conditionally approved use in this district, and denying the project based solely on aesthetic concerns
undermines these property rights. Furthermore, a solar project will not adversely affect the health,
safety, and welfare of our neighbors beyond altering their existing view.
Mitigation and Community Benefits
We are committed to incorporating additional screening and landscaping to minimize the visual impact
of the solar project. This demonstrates our willingness to work with the community to address concerns.
However, it is important to recognize that concern over a change in view is not a rational reason to deny
what is a conditionally approved use type in this district. We remind the Board and our neighbors that
the following uses are currently allowed By Right or by Conditional Use Permit (CUP) in the AG Zone:
Animal Processing, Agricultural Processing, Feed Store, Intensive Animal Operations, Oil and Gas
Extraction (including reinjection wells for natural gas), mining and surface mining operations, heavy
equipment storage, composting facilities, major utilities, and many more.
Arguments Against NIMBYism and Insight into Private Landowner Rights:
1. Community Benefits: The La Porte Road Solar Project will bring numerous benefits to the
community, including clean, renewable energy, reduced carbon emissions, and potential
economic benefits through job creation and local investment. These benefits align with our
county's commitment to sustainability and environmental stewardship.
2. Enhanced Safety: By removing the battery storage component, we have directly addressed the
primary safety concern related to fire risk, making the project safer and more acceptable to the
community.
3. Respect for Property Rights: The landowner has the right to develop their property within the
legal framework provided by local zoning laws. The proposed solar project adheres to these laws
and represents a conditionally approved use. Denying the project based on aesthetic objections
undermines the principle of property rights that our legal system upholds.
4. Environmental Responsibility: Supporting solar projects is crucial for transitioning to renewable
energy sources and combating climate change. Blocking such projects due to NIMBYism
hampers progress toward these essential environmental goals, which are in the best interest of
current and future generations.
5. Mitigation Measures: We are committed to implementing additional screening and landscaping
to mitigate visual impact. This shows our dedication to being good neighbors and addressing the
community's concerns.
Conclusion
In conclusion, the La Porte Road Solar Project represents a significant opportunity for our community to
advance our renewable energy goals, support environmental sustainability, and respect the property
rights of landowners. We have taken substantial steps to address safety and aesthetic concerns and are
committed to ongoing dialogue with the community to ensure a harmonious integration of this project
into the local landscape.
We appreciate your consideration of our request and look forward to a positive resolution that balances
community concerns with the broader benefits of renewable energy development.
Sincerely,
Renewable Properties, LLC
RPCA Solar 15, LLC
Ryan Nyberg
Permitting Manager
(415) 741-1684