The purpose of this Ordinance is to regulate the placement and operation of Wind Energy Conversion Systems (WECS) through the Conditional Use Permit process to ensure they are operated safely and with minimal impacts on surrounding Properties. A Conditional Use Permit for a WECS is intended to regulate and provide for the installation of WECS which are made feasible by prevailing winds within certain areas of the City. The conditions of the Permit are meant to ensure that a safe and beneficial environment, for both the WECS Development and the adjacent Properties, is provided.

(Ord. 0-13-99 § 1 (part), 1999)

WECS are Permitted in the Following zone classifications only when a Conditional Use Permit is granted pursuant to this chapter:

A.

M-1 (light industrial);

B.

M-2 (heavy industrial).

(Ord. 0-13-99 § 1 (part), 1999)

Every Application for a Conditional Use Permit Shall be made in writing to the Planning Commission on the forms provided by the Community Development Department and Shall be accompanied by the filing Fee established by City Council Resolution. Applications Shall be reviewed by the Planning Commission for conformance with this section. The Application Shall include the Following information:

A.

Name and address of the Applicant.

B.

Evidence that the Applicant is the Owner of the Property involved or has Written Permission of the Owner to make such Application.

C.

A Plot plan and Development plan drawn in sufficient detail to clearly describe the Following:

1.

Physical dimensions of the Property;

2.

Location and physical dimensions of existing and proposed Structures;

3.

Location of electrical lines and facilities;

4.

Existing topography;

5.

Setbacks;

6.

Circulation;

7.

Ingress and egress;

8.

Utilization of the Property under the requested Permit.

D.

Utility interconnection data and a Copy of Written notification to the Utility of the proposed interconnection.

E.

A photograph or detailed drawing of each model of WECS including the tower and foundation, and one or more detailed perspective drawings showing the site fully developed with all proposed WECS and Accessory Structures.

F.

Specific information on the type, size, rotor Material, rated power output, performance, safety and Noise characteristics of each model of WECS.

G.

Specific information on the type, height, Material and safety of each model of tower.

H.

A site preparation and installation schedule.

I.

A vicinity map or aerial photograph describing the location, including distances from existing and proposed WECS, of all surrounding land Uses which are within one mile of any Property proposed for WECS installation.

J.

Drawings that show phase spacings, configurations and grounding practices of any proposed electrical distribution lines.

K.

If the Application includes any WECS that require the Approval of a height greater than allowed in Section 18.26.090, a Variance Application, pursuant to Section 18.58.040 of the Zoning Ordinance, Shall be filed concurrently.

L.

An Application including any WECS which is located within two miles of any microwave communications link Shall be accompanied by a Copy of a Written notification to the Operator of the link or evidence that no WECS are located in the microwave path.

M.

An Application including any WECS which is located within a one hundred-Year Floodplain area, as such Flood hazard areas are shown on the Zoning Map, Shall be accompanied by a detailed report which Shall address the potential for wind erosion, water erosion, sedimentation and Flooding, and such report(s) Shall propose mitigation measures for such impacts to the extent that such impacts are caused by the proposed WECS.

N.

Such additional information as Shall be reasonably required by the Community Development Director.

(Ord. 0-13-99 § 1 (part), 1999)

A.

Height Limits.

1.

No WECS Shall exceed forty feet in height, measured at the top of the blade in the twelve o'clock position. Where unusual conditions warrant, a lower height limit May be imposed as a condition of Approval of a Conditional Use Permit.

B.

Setbacks.

1.

No Building or Structures Shall be located closer than fifty feet from any Lot Line.

C.

Safety Setbacks.

1.

No WECS Shall be located where the center of the tower is within a distance of 1.25 times the total WECS height from any aboveground electrical transmission line of more than twelve kV.

2.

No WECS Shall be located where the center of the tower is within a distance of 1.25 times the total WECS height from any public Right-of-Way, Railroad or Off-Site Building. The Setback herein specified Shall be measured from the closest boundary of the public Right-of-Way or Railroad right-of way.

3.

Notwithstanding the provisions of subsection B of this section, the Setbacks therein specified May be reduced to less than 1.25 times the total WECS height if the Planning Commission determines that the topography of, or other conditions related to, the adjacent Property or Right-of-Way eliminate or substantially reduce the potential safety hazards. Whenever a Setback reduction is proposed pursuant to this subsection, the Setback reduction Shall be included in all Notices regarding the Conditional Use Permit, and, if granted, the Conditional Use Permit Shall specifically state the required Setback.

4.

The Setbacks therein specified May also be reduced if the Planning Commission determines that the characteristics of the surrounding Property eliminate or substantially reduce considerations of scenic value. Whenever a Setback reduction is proposed pursuant to this subsection, the Setback reduction Shall be included in all Notices regarding the Conditional Use Permit, and, if granted, the Conditional Use Permit Shall specifically state the required Setback.

D.

Safety and Security.

1.

Fencing, or other appropriate measures, Shall be required to prevent unauthorized Access to the WECS.

2.

Guy wires Shall be distinctly marked.

3.

Signs in English and Spanish warning of the electrical and other hazards associated with the WECS Shall be posted at the base of each tower and at reasonable intervals on Fences or barriers as determined by the Planning Commission.

E.

Seismic Safety. All WECS Shall comply with the requirements of the applicable Seismic Zone of the Uniform Building Code or with the seismic design recommendation in an Approved geotechnical report on the Project.

F.

Fire Protection. Upon recommendation of the City Fire Department, WECS May be required to include fire control and prevention measures including, but not limited to, the Following:

1.

Fireproof or fire-resistant Building Materials;

2.

Buffers of fire-retardant Landscaping;

3.

An automatic fire-extinguishing system;

4.

Fire breaks.

G.

Interconnection and Electrical Distribution Facilities. Interconnection and electrical distribution facilities Shall conform to procedures and standards established by the California Public Utilities Commission, the National Electrical Code and any Local requirements established by the Public Utilities Department.

H.

Unsafe and Inoperable WECS.

1.

Whenever any existing WECS are modified, or any new WECS are installed, any WECS on the site which are unsafe, Inoperable, or Abandoned or for which the Permit has expired or has been revoked Shall be removed by the Owner or brought into compliance with the provisions of this section. All safety hazards created by the installation and operation of the WECS Shall be eliminated. Whenever the operation of any WECS is eliminated, the site Shall be restored to its condition prior to installation. A bond, in an amount Approved by the Community Development Director or other appropriate form of security, in a form Approved by the City Attorney, May be required to cover the cost of removal and site restoration.

2.

Every unsafe or Inoperable WECS which have not generated power for one hundred eighty consecutive calendar Days are hereby declared to be a Public Nuisance which Shall be abated by repair, rehabilitation, Demolition or removal, upon revocation of the Conditional Use Permit. The appropriate abatement method Shall be determined by the Community Development Director based upon the cost of abatement and the degree to which the WECS will meet the requirements of this section Following abatement. A WECS which has not generated power for one hundred eighty consecutive calendar Days Shall not be considered a Public Nuisance and the Conditional Use Permit Shall not be revoked provided the Owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and that a good faith effort is being made to return the WECS to service at the earliest practical date. If a WECS does not deliver power as a result of a curtailment whereby power is not accepted by the contracted Utility, the period of curtailment Shall be added to the minimum period defined above.

I.

Interference with Navigational Systems. No WECS Shall be installed which does not comply with Federal Aviation Administration regulations for sitting Structures near an Airport.

J.

Certification.

1.

The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment Shall be certified in writing by a structural Engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code adopted by the City.

2.

The electrical system Shall be certified in writing by an electrical Engineer, registered in California, that it conforms with good engineering practices and complies with appropriate provisions of the National Electrical Code adopted by the City.

3.

The rotor overspeed control system Shall be certified in writing by a mechanical Engineer, registered in any state, that it conforms with good engineering practices.

K.

Noise. A WECS Shall not be operated in Violation of the provisions of Chapter 18.42 (Performance Standards).

L.

Monitoring.

1.

Upon reasonable Notice, and subject to the Applicant's safety and security procedures, City officials or their Designated Representatives May enter a Lot on which a Conditional Use Permit has been granted for the purpose of monitoring Noise and other environmental impacts. Twenty-four hours advance Written Notice Shall be deemed reasonable Notice.

2.

The holder of a Conditional Use Permit May be required to submit periodic monitoring reports containing data on the operations and environmental impacts of the WECS.

3.

A telephone number Shall be maintained for each WECS Project to facilitate the reporting of Noise irregularities and equipment malfunctions.

M.

Time-Related Conditions. Where no operating data for the proposed turbines is available, the granting of a Conditional Use Permit May be conditioned upon the installation and operation of one or more WECS for a period not to exceed six Months in order to demonstrate performance characteristics of the WECS. If such a monitoring condition is imposed, the Permit Shall specify the standards that Must be met in order to continue Development. If a standard is not being met at the expiration of the required monitoring period, the Applicant and the City May agree to an extension. The time within which the Permit Must be Used Shall be extended for the period of required monitoring.

N.

Development Impacts. A one-time or periodic Fee and a requirement to provide public works or services May be imposed as a condition of a Conditional Use Permit where such public works or services are reasonably related to the impacts occasioned by the WECS.

O.

Signs. No advertising Sign or Logo Shall be placed or painted on any WECS. Unless otherwise Approved by the Planning Commission, the Conditional Use Permit May Permit the placement of no more than one Project identification Sign relating to the Development on the Project site, but no such Sign Shall exceed twenty square feet in surface area or a height of eight feet.

P.

Color and Finish of WECS. All WECS Shall be either light earth-tone colors (such as off-white, gray, beige or tan) or darker fully-saturated colors (such as dark blue or green, maroon or rust red) or galvanized. All WECS Shall have a matte or galvanized finish unless the Community Development Director determines that such finish adversely affects the performance of the WECS or other good cause is shown to Permit any other finish.

Q.

Contingent Approval. A WECS May be granted subject to necessary Approvals from the Federal Aviation Administration or other approving authorities.

R.

General Conditions. The City May impose conditions on the granting of a Conditional Use Permit in order to achieve the purposes of this chapter and the General Plan and to protect the health, safety or general welfare of the community.

S.

Notification. Upon Approval of a Conditional Use Permit, the City Shall provide Written Notice to the California Public Utilities Commission, the California Energy Commission and the City's Utility Department.

(Ord. 0-13-99 § 1 (part), 1999)

A.

Conditional Use Permit—Expiration. Revocation and Appeals. The Conditional Use Permit May be expired, revoked, and Appealed in the manner set forth in Section 18.58.070.

B.

Replacement.

1.

The replacement of all individual WECS are subject to the Conditional Use Permit process including the required Public Hearing so that staff can evaluate any possible new conditions.

2.

WECS replacements not meeting the criteria above require Approval of a subsequent Conditional Use Permit.

3.

Any WECS on which the cost of Alteration, restoration, repair or rebuilding in a twelve Month period exceeds seventy-five percent of the replacement cost and Shall be subject to subsections (B)(1) and (2) of this section.

(Ord. 0-13-99 § 1 (part), 1999)