September 9, 2019
Marin Planning Commission favors Novato solar project

Richard Halstead

The Marin Independent Journal

It appears a 3-megawatt solar project on two vacant lots adjacent to Gnoss Field in unincorporated Novato will move forward following a decision by the Marin County Planning Commission on Monday.

After the project was approved by a county deputy zoning administrator in July, three main environmental groups — the Marin Conservation League, Marin Audubon Society and Marin Baylands Advocates — appealed the decision. On Monday, the planning commission voted 4-0 to grant that appeal, but only to make a few minor revisions in the project.

The proposed solar facility will consist of three ground mounted fixed-tilt arrays and will result in nearly 15 acres of solar arrays spread across about 41 acres. San Rafael-based MCE, formerly known as Marin Clean Energy, has contracted to buy the electricity produced at the site, thus supplying the capital for its construction. The facility will generate enough electricity to power about 800 homes.

“Climate change is a global problem that requires local solutions, and this project is an opportunity for Marin County to be part of the solution,” Aaron Halimi, founder and president of Renewable Properties, the developer of the project, told commissioners.

Renewable Properties has several projects under development with MCE.

Riley Hurd, Halimi’s attorney, said, “I was quite dismayed to get a call from Aaron about the need for legal involvement on a solar project in Marin County. I was even more shocked to find the identity of the appellants. I could not reconcile conservation groups appealing renewable energy.”

Hurd added, “This property is surrounded by a freeway, a railroad, an airport, a quarry and a dump. If we can’t do solar here, we can’t do it anywhere in this county.”

Barbara Salzman, Marin Audubon’s executive director, said, “Just because a project may have public benefits does not mean these benefits outweigh the benefits of the existing conditions on the site or that you should ignore the impacts of the project. All potential impacts should be identified and analyzed and we don’t think that’s happened here.”

Nona Dennis, a member of the Marin Conservation League’s board of directors, said her organization’s concern was focused on process. Dennis said the league objects to the fact that an initial study of the potential environmental impacts as laid out under the California Environmental Quality Act (CEQA) wasn’t done.

Dennis said Renewable Properties had various studies done, including a biological site assessment by Garcia and Associates, which determined that the project will not have an impact on the environment. Dennis, however, said the county did not have this information when it determined the project was categorically exempt from CEQA requirements, because it will involve the “construction and location of limited numbers of new, small facilities or structures.”

“Why is it that we continue to avoid CEQA,” Dennis asked, “when in fact it could lead us through an orderly process.”

Both Dennis and Salzman also faulted the county for not developing a set of uniform standards for solar development throughout the county.

Marin County Planning Manager Jeremy Tejirian said it is difficult to come up with a one-size-fits-all set of design standards for solar development in Marin, since local community standards vary widely.

The environmental groups also objected to the project because they said it will extend into baylands and be located on land zoned for agriculture. Environmental activists played a major role in the creation of the baylands corridor in the 2007 Countywide Plan. The designation established strong environmental protections for tidal and largely undeveloped diked historic tidelands along the shoreline of San Francisco and San Pablo bays.

“The project intrudes for 2.3 acres into the baylands corridor,” Salzman said. “While solar projects provide many public benefits, they don’t belong everywhere; they don’t belong on baylands. This would be a precedent setting project.”

But Commissioner Don Dickenson, who has extensive historical knowledge of the area, said he believed Salzman was wrong about a small portion of the project being located on baylands.

“I’m convinced there are no diked historic state lands included in this property based on the old maps,” Dickenson said.

As for the use of land zoned for agriculture, Rene Silveira, who owns the land together with her mother, said income from the project would help support the economic viability of her family’s other agricultural operations.

“Agriculture is very difficult,” Silveira said, “so when this project came to us, we were very excited about the opportunity to have something happen that would be helpful to us.”

The other 26 acres of the property will continue to be used to graze cattle. Several speakers spoke in support of the project emphasizing the need to develop solar power as quickly as possible to address climate change.

“We must jettison the old, antiquated carbon-intensive infrastructure that has brought our planet to the edge of extinction,” said David Haskell of Fairfax, “and replace it with new technologies and infrastructure that service the dreams of our children to live on a safe and secure planet, and we don’t have a moment to spare.”