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Planning Commission recommends denial of county-initiated countywide utility-solar ban; urges targeted policy work

Orange County Planning Commission · July 18, 2024
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Summary

By a 4-1 vote the commission recommended denial of ZTA24-01, a Board-initiated draft that would ban utility-scale solar countywide, while several commissioners urged staff to draft targeted solar standards and align zoning with the comp plan.

The Orange County Planning Commission voted 4-1 to recommend denial of ZTA24-01, a Board-initiated zoning text amendment that would prohibit utility‑scale solar in every zoning district across the county.

Staff explained the draft would preserve accessory rooftop and farm‑scale solar but would effectively ban utility‑scale installations. Legal counsel and staff described the path by which the board initiated the amendment and the planning commission’s options: recommend approval, draft alternative zoning language that meets the board’s intent, initiate its own amendment, or do nothing (which results in a deemed approval after 100 days).

Commissioners who opposed the countywide ban argued it was "capricious" and would foreclose options such as community solar, deny farmers a potential revenue source, and leave the county vulnerable to appearing oppositional to state clean-energy goals. Commissioner DePasquale moved to recommend denial "due to the capricious nature of the motion," and the motion passed on a roll call with four Ayes and one No.

Several commissioners said they would like to develop responsible, district‑specific solar standards and suggested staff incorporate solar policy work into the broader zoning ordinance rewrite. Chair Capel and staff agreed to place solar on a future work-session agenda while staff completes a scope for the zoning rewrite.