Planning commission conditionally approves Seventh Avenue solar project; Copper Superfund parcel held for CEQA review

The Oroville Planning Commission on Aug. 28 approved a use permit and a variance for a roughly 50‑acre solar‑panel site along Seventh Avenue and recommended a conditional approach for a second 50‑acre site on the Copper Superfund parcel, while requiring further environmental review before work may proceed on the contaminated site.

City planner Wes Irvin told commissioners the application (Use Permit No. 25‑12, Butte Renewable Energy Inc.) covers about 100 acres split between two locations: parcels along Seventh Avenue and parcels on the Coppers Superfund site. The applicant requested battery storage within each site, an exemption to the 30% maximum panel coverage on some Seventh Avenue parcels (staff reported a maximum of about 38% on the densest parcel), and approval of an 8‑foot chain‑link fence with three rows of barbed wire.

Irvin said the applicant proposed non‑invasive installation on the copper site — concrete pads set on the soil surface with above‑ground cabling — to avoid excavating contaminated soils. The Department of Toxic Substances Control (DTSC) and U.S. EPA must review civil drawings and site plans for the Superfund parcel; Irvin said those agencies typically require a 30‑ to 60‑day review and the city and applicant have been coordinating with DTSC and EPA.

A public commenter, Kevin Carmichael of Citizens for Responsible Industry, urged the commission not to certify a CEQA exemption for the Copper site. “The staff report lacks any analysis of impacts peculiar to the project or the project site,” Carmichael said, arguing the Superfund status and proposed battery storage require an Environmental Impact Report.

Applicant representatives said the solar plant is a discrete, stand‑alone project and emphasized schedule constraints related to federal tax incentives. An applicant speaker said the project’s phases “are completely independent of each other” and that the company needs to start construction in 2025 to preserve investment tax credits tied to year‑end timelines.

Staff recommended certifying a CEQA exemption for the Seventh Avenue site, where land is already disturbed and the use is less intensive than the general plan’s assumed industrial uses. For the Copper site staff recommended approval of a use permit conditioned on later certification of the appropriate CEQA document (negative declaration, EIR or similar) after DTSC/EPA review and additional studies are completed.

Commissioners discussed bifurcating the project and the legal risk of piecemealing environmental review. One commissioner proposed deferring the entire decision to September; others noted substantial coordination with legal counsel and federal agencies had already occurred. The commission ultimately approved the revised staff recommendation and directed staff and the applicant to finalize environmental documentation and agency reviews; the motion passed with five votes in favor, one abstention and one absence.

Key terms and conditions recorded in the staff packet and motion include: approval for the Seventh Avenue portion under a categorical exemption, a variance for up to about 38% panel coverage on the densest Seventh Avenue parcel (where code limit is 30% or 20 acres, whichever is less), battery storage subject to fire department and building plan review, and that no ground‑penetrating anchors or excavation are proposed for the Copper site pending agency approvals. Staff noted landscaping along Seventh Avenue will be required outside the fence line and battery storage plans will require detailed fire department review at the building permit stage.

Staff and applicant said they would aim to return in September with the finalized environmental document for the Copper site if possible; otherwise construction sequencing and tax‑credit timing will determine the program’s next steps.