Chapter 17.94 — WIND ENERGY CONVERSION SYSTEMS

The purpose of this chapter is to regulate the placement of wind energy conversion systems (WECS) so that the public health, safety and general welfare will not be jeopardized and to insure that the future placement of WECS will be effective and efficient. (Ord. 2010-02 § 1 (part), 2010)

Wind energy conversion systems are permitted in all zoning districts subject to the following requirements:

A. Use Permit Required. A use permit is required for all WECS subject to the requirements of Section 17.12.140 (Conditional Use Permit).

B. Documentation Required. All use permit applications for wind energy conversion systems shall include the following information:

1. Name and address of the applicant;

2. Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such an application;

3. A plot plan and development plan drawn in sufficient detail to clearly describe:

a. A property line and physical dimensions of the proposed site;

b. Location, approximate dimensions and types of major existing structures and uses of the site;

c. Location and elevation of the proposed WECS;

d. Location of all aboveground utility lines and other WECS on-site or within one (1) radius of the total height of the proposed WECS;

e. Location and size of structures or trees above thirty-five (35) feet within a five-hundred-(500) foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennae and slender or open-lattice towers are not considered structures;

f. Location of all transmission facilities proposed for installation, and

g. Location of all road and other service structures proposed as part of the installation including any easements for servicing and dismantling.

C. Compliance with Uniform Building Code required for all WECS.

1. Building permit applications shall be accompanied by drawings of the structural components of the wind energy conversion system including support structures, tower, base and footings. Drawings and any necessary calculations shall be certified in writing by a California registered professional engineer that the system complies with the Uniform Building Code;

2. Where the structural components or installation vary from the standard design or specification, the proposed modifications shall be certified by a California registered professional engineer for compliance with the seismic and structural design requirements of the Uniform Building Code.

D. Compliance with National Electrical Code required for all WECS.

1. Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. The application shall include a statement from a California registered professional engineer indicating that the electrical system conforms with standard engineering practices and complies with the National Electrical Code;

2. Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California registered professional engineer for compliance with the requirements of the National Electrical Code and standard engineering practices.

E. Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic control to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with standard engineering practices. The engineer should also certify the structural compatibility of the proposed tower with proposed rotor. F. Performance Standards.

1. Wind energy conversion systems shall be designed to prevent the intrusion of exterior noise levels beyond the following prescribed levels. Proper design shall include but not be limited to, setbacks, shielding, automatic shut-off, and sound insulation. Exterior noise levels

attributable to any WECS shall not exceed a daily community noise equivalent level (CNEL) of fifty (50) db as measured at/or beyond adjacent property lines within residential zoning districts or a CNEL of sixty (60) db within all other zoning districts. The applicant shall include an acoustical report prepared by a practicing acoustical engineer (registered with the state office of noise control) or other qualified professional, certifying that the proposed WECS, including all mechanical hardware, will not exceed the prescribed CNEL during its full range of operation. Any noise abatement plan included in the acoustical report shall also indicate the expected final CNEL after required mitigation measures have been implemented.

2. A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference unless the applicant provides sufficient evidence indicating that the degree of interference will not disrupt the communications link. The WECS shall be located in accordance with guidelines of the Federal Aviation Administration.

G. Signs. At least one (1) sign shall be posted at the base of the tower warning of electrical shock or high voltage and that rotor may start without notice.

H. Height. The maximum allowable hub height is one hundred (100) feet from the ground and in no case shall the lowest reach of the rotor be less than twenty (20) feet from the ground. Tower climbing apparatus shall be no lower than twelve (12) feet from the ground and shall be equipped with an anti-climbing device approved by the public services department.

I. Wind Access. The proposed site of a WECS shall have sufficient access to unimpeded air flow for adequate operation of the WECS in accordance with the manufacturer's recommendations. The WECS shall be set back a minimum of two (2) rotor diameters from all property lines unless it can be demonstrated that a lesser setback can protect the wind access of the downwind properties. Calculations for these setbacks may include streets, flood control channels and transmission line and railroad rights-of-way. Contiguous property owners and

dance with the manufacturer's recommendations. The WECS shall be set back a minimum of two (2) rotor diameters from all property lines unless it can be demonstrated that a lesser setback can protect the wind access of the downwind properties. Calculations for these setbacks may include streets, flood control channels and transmission line and railroad rights-of-way. Contiguous property owners and

planned developments may construct a WECS for their use in common. If property held by more than one (1) single owner is used to meet the setback requirement, there shall be an easement recorded on the affected properties after prior review and approval by the City Attorney. J. Design Considerations. All electric lines serving the WECS shall be installed underground. No towers with guy wire supports and no lattice-type towers are allowed on lots less than one (1) acre. Guyed towers shall be located within a six (6)-foot fence of sufficient radius to enclose all guy cables.

K. Utility Notification (For Those WECS which will be Interconnected to a Utility Grid). No wind turbine shall be installed until written notice has been given to the utility company and a copy filed with the city public services department.

L. Maintenance. The tower and generating unit shall be kept in good repair. The WECS shall be deemed abandoned if not in continuous use except for maintenance and repairs for a period exceeding six (6) months and shall be removed. (Ord. 2010-02 § 1 (part), 2010)

The City Council may revoke any use permit subject to the procedures established in Section 17.16.070 (Permit Revocation or Modification) in any case where the conditions of the granting of such use permit or the requirements of this chapter have not been complied with. (Ord. 2010-02 § 1 (part), 2010)