High Speed Rail Private Property Purchase Right of Way Process

The Cal High Speed Rail has a process regarding how they will buy private property for the planned rail line. Once they target property within their proposed path or alternate path then they begin a property evaluation process. They will put together a design and survey to start the process to prepare a boundary survey with a legal description and appraisal maps. Once this is done they will begin the appraisal, but only after the approval of the approved and alternate routes. Then they will meet with the private property owner and do an appraisal inspection. A surveyor may stake the area and the evaluation may include mitigation to re-establish remainder. Once this is complete they will do an appraisal review with a final approval process. Then an acquisition process begins but after the Notice of Determination (NOD) and (ROD) Record of decision is made. The negotiation initiation is made with the property owner. They may consider new information at this time, and then the final approval process will start. If there is an established farm, home, or business in the path then a relocation process may commence with a 90 day notice. The farm, home or business may get moving expenses paid, or other benefits. If a business can show a loss of business goodwill then that business can file a claim, but they will have to show a burden of proof. This may include tax returns, or other evidence showing income loss due to relocation if applicable. This is all part of their right of way process. If you believe your business or private property is within the path then you should maintain your records of business if you wish to make a claim for a higher value, or a business loss.

Sunlight Partners Gets Initial Approval for Photovoltaic Solar Site at 40th Street East at K8

The Lancaster Planning Commission minutes from their recent meeting indicate that Sunlight Partners is requesting a conditional use permit for the construction and operation of a photovoltaic solar electric energy generating facility in the Rural Residential Zone. The proposed project consists of rows of PV panels on single axis trackers which would generate approximately 1.5 megawatts (MW) of electricity. The City of Lancaster has determined that the development and use of alternative energy is beneficial to the community, and this determination is evident in the decisions made by the City Council. The City Council has implemented several solar and wind energy programs thus far and they are working to install solar panels on City facilities. Additionally, the City’s General Plan has several policies pertaining to alternative energy. These objectives address the need to develop new sources of energy, as well as reduce energy consumption, and it is consistent with the City’s goals according to the Commission.

The project site is currently vacant and zoned SRR (Semi Rural Residential). However, the City’s zoning code does not permit the development of commercial-style solar energy facilities under the current SRR zoning; therefore, rezoning of the site to RR-2.5(rural residential) is necessary to allow the project to move forward. The proposed project would operate year-round, producing a total of 1.5 MW of renewable electric power during daytime hours. Power generated by the proposed project would be sold to Southern California Edison. The proposed project consists of rows of photovoltaic panels on single axis trackers with three inverters in the middle of the project site. These photovoltaic panels would convert sunlight directly into electrical energy without the use of heat transfer fluid or cooling water. The project would tie into the transmission lines that run along 40th Street East. A chain-link fence would surround the project site and a 10-foot landscaped planter would be provided between the fence and property line to screen the development from the surrounding uses. Access to the project site would be provided via a gate on 40th Street East. Irrevocable offers of dedication would be provided for both Avenue K-8 and 37th Street East. Avenue K-8 would be dedicated at 42 feet from the centerline, and 37th Street East would be dedicated at 32 feet from the centerline.
The proposed project has the potential to impact views from the surrounding roads and nearby residences. The photovoltaic panels are low profile with a maximum height of approximately eight (8) feet. While the views of the project site would change, the development would not impede long range views. Additionally, the project site would be fenced and landscaped around the entire perimeter.
Construction of the proposed project would generate noise, which has the potential to impact surrounding land uses. Mitigation measures are required which would reduce noise impacts to a less than significant level. Minimal amounts of noise would be generated by the operation of the proposed project and only during routine maintenance as the panels and tracking system are silent. Most of the time the facility would be remotely operated and no noise would be generated. Additional environmental impacts could be generated during construction of the proposed project with respect to biological resources and geology soils. The construction of the proposed project has the potential to impact burrowing owls during vegetation removal and grading operations. The applicant is required to conduct a pre-construction burrowing owl survey prior to the issuance of any permits. In the event burrowing owls are encountered on the project site during the survey, the applicant shall coordinate with the California Department of Fish and Game to determine the appropriate procedures/mitigation. Therefore, potential impacts would be less than significant. The applicant is also required to prepare and implement a dust control plan in accordance with AVAQMD Rule 403 which would ensure that impacts from dust during construction are minimal. Therefore, staff is recommending that the Commission approve the zone change and conditional use permit subject to the proposed conditions, based on the site having sufficient area to accommodate the proposed development, adequate access and services being available for the use, and the lack of significant adverse effects on the surrounding area.

How Mitigation Can Benefit the Vacant land Investor and the Environment

Environmental mitigation describes projects or programs which are intended to offset development impacts to an existing natural resource like wetlands, endangered species, rivers and streams. Environmental mitigation is typically a part of an environmental crediting system established by governing bodies like the BLM (Bureau of Land Management) which allocates debits and credits. It is similar to the government proposed cap and trade system to offset global warming. A debit to the environment would occur when a housing developer, or Wind and Solar Company plans to develop land for commercial purposes. A debit occurs when a natural resource has been destroyed or severely impaired, while a credit is given when a natural resource has been deemed to be improved or preserved. So, when a business or individual has a debit to the environment then they are required to purchase a credit. There is also mitigation banking which is typically created in advance for multiple commercial parties when compensation credits cannot be achieved at the development site. Mitigation is a friendlier alternative to restrictive environmental laws, since development can proceed in exchange for compensation to preserve or repair a natural environment. Mitigation can also be beneficial to land owners, since some land like wash land or mountain land is not developable, but it is more suitable for mitigation. This increases the value of some non-developable land miles from development.
In Northern Los Angeles County and San Bernardino County some renewable energy companies may be required to purchase mitigation land if their projects are on BLM or other undisturbed land, which may encroach within prime desert tortoise and Mojave ground squirrel territories. The desert tortoise roams much of the desert in San Bernardino County, which will curtail any development within their habitat. Much of this land is privately owned, and may be designated as mitigation land by the government. The Solar Farm developers may be forced to buy endangered species land before a building permit is issued. This is another example where land banking is beneficial to the long term investor. Many investors think that their property will primarily increase in value due to urban development upon their property, but in this case virtually worthless desert land becomes a needed commodity to the technological advances of solar energy companies. The new growth in Antelope Valley and San Bernardino Counties is increasingly becoming green energy development, and the wise patient land investor can benefit and preserve the environment at the same time.