The purpose of this chapter is to establish the design and operational standards for permitting and installation of non-solar renewable energy systems. The City promotes the use of alternative energy sources such as renewable energy systems to reduce demands on the regional energy grid.

The provisions of this chapter shall apply to the installation of and renewal of permits for non-public renewable energy systems. All renewable energy systems shall be operated and maintained in such a manner as to preserve the established character of the surrounding properties, and shall limit, to the extent feasible, noise and vibration resulting from the system.

A.

Measurements. All measurements, setbacks, and provisions of this chapter shall apply to any portion of the renewable energy system. Where devices include moving parts, the measurement shall be taken from the outermost edge of the moving portions of the device.

A.

Permitted. Non-solar renewable energy systems shall be permitted in all Zones, subject to a DP; ground-mounted systems in the I and I-2 Zones shall be subject to a CUP.

B.

Solar Panels. Solar panels are permitted on roof tops in conjunction with all permitted land uses, and shall be regulated and permitted subject to applicable state law. Additionally, solar panels may be allowed subject to a CUP, in conjunction with carports and garages in parking areas in all Zones.

C.

Concurrent Development. Where the renewable energy system is proposed and installed concurrently with the primary land use application, the DP shall be waived and the permit requirements of the primary land use shall suffice.

D.

Site Development Plan Review. All renewable energy systems shall be subject to Site Development Plan Review, except where the application goes through a CUP or DP, then Site Development Plan Review shall not be required. Each system shall be reviewed for consistency with this chapter and the applicable Zone.

E.

Application Requirements. All renewable energy systems shall provide adequate plans during DP or CUP application to specifically address all of the following information. The applicant shall submit the following:

1.

Standard drawings shall be required to demonstrate compliance with the latest version of the California Building Code.

2.

Line drawings of electrical components of the renewable energy system in sufficient detail to demonstrate compliance with the applicable electrical code.

3.

Plan and elevation diagram of the utility and placement showing compliance with the standards of this chapter and the applicable Zone.

4.

Plans specifying the system manufacturer, model, power rating, and blade dimensions (where applicable).

The following requirements shall apply to all non-solar, non-public renewable energy systems based on the type of system and applicable performance standards:

A.

Noise. All renewable energy systems shall be operated in such a manner that they do not exceed the City's noise standards established in Section 20.300.070.F and Chapter 10.24 Noise of the San Marcos Municipal Code.

(Ord. No. 2017-1446, 7-25-2017)

B.

Setbacks. All non-solar renewable energy systems mounted to a building or structure shall be subject to the required setbacks of the applicable Zone, except as modified below:

1.

Where encroachments are necessary for proper function of the renewable energy system, based on system type or adjacency conditions, no portion of the system shall be:

a.

less than two (2) feet from any rear or interior property line; however, Section 20.300.070.F noise restrictions as measured from the property line shall prevail over this encroachment provision; or

(Ord. No. 2017-1446, 7-25-2017)

b.

closer than ten (10) feet to any street frontage or ROW.

2.

Stand-alone, ground-mounted renewable energy systems are prohibited; in the I and I-2 Zones, such systems shall be subject to a CUP and appropriate public hearings.

C.

Height. Renewable energy systems shall be permitted mounted to a building, structure, or roof.

1.

Maximum height shall not exceed fifteen (15) feet from the base/mount of the unit to the top of the unit (including blade length in vertical position, where applicable).

2.

Solar panels shall be limited to a maximum height of five (5) feet from the base/mount of the unit.

3.

Additional height encroachments may be permitted through a DP where adjacency conditions require a fifteen (15)-foot height limitation, if the renewable energy system needs to be taller to function properly.

D.

Size/Coverage. Non-solar renewable energy systems, or group of systems, shall not exceed thirty percent (30%) area coverage of the surface to which the system is mounted.

E.

Design. The following measures shall be followed to minimize the visual impact of the renewable energy system:

1.

Design of renewable energy systems shall be of white or grey, or other unobtrusive color. Solar systems shall be exempt from the color requirements.

2.

Design of non-solar/non-wind systems shall complement the design of the associated building or structure.

3.

Removal of existing vegetation shall be minimized.

4.

Any accessory buildings shall be painted or otherwise visually treated to blend with the surroundings.

5.

A structure shall be non-reflective in all areas possible to blend with the surroundings.

F.

Fencing. Where systems are ground-mounted or located with public ROWs or easements, public access shall be restricted through the use of a fence with locked gates, non-climbable towers, or other suitable methods.

A.

The project owner shall post a bond, lien contract agreement, cash deposit, or other form of surety acceptable to the Director, sufficient to allow for the removal of non-operational wind turbines.

B.

Any non-operational renewable energy system, or any system not in compliance with the provisions of this chapter, shall be removed within twelve (12) months of non-operation or the owner will receive a citation by the City. Violations and abatement procedures shall comply with Chapter 20.550 (Enforcement and Penalty).