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ALUC-25-14 (City of Vacaville Battery Energy Storage System Ordinance)
Determine that Application No. ALUC-25-14 (City of Vacaville Battery Energy Storage System Ordinance), located within the Travis Air Force Base (TAFB) Compatibility Zone D and E and Nut Tree Airport Compatibility Zones, is consistent with the applicable Airport Land Use Compatibility Plans.
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RECOMMENDATION:
Adopt a resolution determining Application No. ALUC-25-14 (City of Vacaville Battery Energy Storage System Ordinance), located within the Travis Air Force Base (TAFB) Compatibility Zone D and E and Nut Tree Airport Compatibility Zones, is consistent with the applicable Airport Land Use Compatibility Plans (City of Vacaville)
DISCUSSION:
Section 21676 (d) of the State Aeronautics Act requires the Airport Land Use Commission (ALUC) review of zoning regulations amendments within an Airport Influence Area.
The City of Vacaville Community Development Department is proposing to adopt an ordinance to regulate Battery Energy Storage Systems within City limits. The proposed BESS ordinance establishes comprehensive regulations for battery energy storage systems for residential, commercial and industrial or public utility scale, including strict siting requirements that prohibit BESS facilities in the Nut Tree Airport Compatibility Plan area, prohibit BESS facilities in fire hazard zones and floodplains without flood protection measures, and agricultural zones, while requiring substantial setbacks from sensitive receptors (300 feet for systems with thermal runaway risk). The ordinance mandates extensive safety measures, including third-party technical studies, emergency response planning, fire protection systems, air monitoring, decommissioning bonds, and compliance with NFPA 855 and UL 9540 standards, with additional requirements for facilities using battery technologies that pose thermal runaway risks.
In summary, the ordinance proposes:
1. Land Use and Siting Standards: BESS facilities are permitted only in specific zoning districts such as Public Facilities, Industrial Park and Business Professional with Conditional Use Permit approval, with exclusions from High and Very High Fire Hazard Severity Zones and FEMA-designated floodplains without appropriate flood protection measures. No Battery Energy Storage Systems are allowed in the Nut Tree Airport Compatibility Plan area.
2. Safety and Setback Requirements: For battery technologies with thermal runaway risks, minimum setbacks include 300 feet from sensitive receptors, 100 feet from front property lines, 50 feet from rear and side property lines, and a 30-foot fire access road.
3. Technology Assessment and Risk Management: Requiring third-party documentation evaluating thermal runaway risk, comprehensive technology analyses, thermal runaway plume modeling, hazard mitigation analyses, and city reimbursement damage or remediation for all proposed battery technologies.
4. Permitting and Review Process: Applications require pre-application meetings, neighborhood notification. Planning Commission study and Community meetings at the discretion of the Community Development Director, prior to filing the formal application.
5. Decommissioning Requirements: Comprehensive decommissioning plans with financial assurance through bonds or letters of credit equal to full decommissioning costs minus salvage value, with manufacturer responsibility agreements for battery cell recovery and recycling.
A copy of the proposed ordinance is included as Attachment C.
AIRPORT PLANNING CONTEXT & ANALYSIS
Zoning or development regulations amendments, including Specific Plan amendments, must undergo review by the ALUC for consistency with the applicable LUCPs (State Aeronautics Act Section 21676). The proposed amendments would apply city-wide, which is in Compatibility Zones D and E of the Travis AFB LUCP and all compatibility zones of the Nut Tree Airport Land Use Compatibility Plan (LUCP).
Staff evaluated the City’s proposed ordinance against applicable Compatibility Zone Criteria. The proposed amendments do not affect regulations related to flight hazards such as structural heights of objects, hazards related to bird attraction, electrical interference, glare and other flight hazards.
Staff evaluated the City’s project under applicable Compatibility Zone Criteria, and the analysis of the project is summarized in Attachment A.
Analysis Finding
Based on the review, staff finds that the proposed ordinance complies with the requirements of the zones to protect flight and is consistent with the Travis AFB Land Use Compatibility Plan and the Nut Tree Airport Land Use Compatibility Plan.
Attachments
A - Airport Compatibility Zones Criteria
B - Compatibility Zone Map
C - Proposed Ordinance
D - Draft Resolution