Chapter 17.76 — ALTERNATIVE ENERGY SYSTEMS AND FACILITIES

This chapter sets forth provisions for the development of alternative energy systems to protect public health and safety while supporting efforts to develop small-scale, distributed energy generation to reduce the amount of electricity drawn from the regional power grid. For expedited permitting requirements of small residential rooftop solar energy systems, see chapter 15.36 of Title 15 (Buildings and Construction). (Ord. No. 1000 § 4, 2022)

• A. All new residential development projects, except condominium conversions, shall provide for future passive or natural heating or cooling opportunities (lot size and configuration permitting orientation of a structure in an east-west alignment for southern exposure or lot size and configuration permitting orientation of a structure to take advantage of shade or prevailing breezes).

  1. Consideration shall be given to local climate, to contour, to lot configuration, and to other design and improvement requirements.

  2. Consideration shall be given to provide the long axis of the majority of individual lots shall be with-in 22.5 degrees east or west of true south for adequate exposure for solar energy systems.

• B. In the Neo-Industrial (NI) and Industrial Employment (IE) Zones an on-site renewable energy system must be provided on all new industrial developments that include the construction of a new building, which meets the following standards.

  1. The renewable energy system may be a solar collector system or other form of on-site renewable energy, provided such renewable energy source is recognized by the State of California as a renewable resource under the Renewable Portfolio Standard Program.

  2. The renewable energy system shall be built to generate an amount of electricity sufficient to meet the following criteria:

     • a. Annualized building demand based on the approved use or, if no use is proposed, then the demand for the most energy intensive use that could occupy the building; and

     • b. Annualized demand required to charge fully electric vehicles and trucks, assuming that all vehicles and trucks to the site are fully electric; and

     • c. A reasonable rate of efficiency loss over ten years.

  3. The renewable energy system shall be metered separately from the non-renewable metered power usage of the building.

  4. Solar collectors may be installed on support structures that provide shade over parking areas to achieve minimum requirements.

  5. Developments subject to this section and subject to a conditional use permit shall phase construction and operation of renewable energy sources pursuant to a phasing plan approved by the city engineer and subject to the following requirements:

     • a. Renewable energy generation in each phase shall meet or exceed annualized demand for the facility described in subsections (B)(2)(a) through (B)(2)(c) above based on the proposed use, building design and operation and electric vehicles and trucks anticipated to be in operation during each phase;

     • b. Identify thresholds and events that would prevent or cause progress to the next phase;

     • c. Provide for biennial review and evaluation of the building and electrical demand for compliance with the phasing plan conditions; and

• d. Phasing plans shall include a tolling provision to delay implementation of all or a portion of the plan's implementation should the electric utility serving the development provide written certification that it can only accept a specified limited amount of renewable energy from the development along with an explanation of why and what events would trigger a change or increase in the amount accepted. The need for continued tolling shall be recertified by the electric utility as part of the biennial review and evaluation described in paragraph (B)(5)(c) above.

• C. No person shall allow a tree or shrub to be placed or grown so as to cast a shadow greater than ten percent of the collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10:00 a.m. and 2:00 p.m., provided that this section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector.

• D. The location of a solar collector is required to comply with the local building and setback regulations and to be set back not less than five feet from the property line or any easement that is adjacent to the property line.

• E. Developers of all new residential subdivisions shall dedicate easements for the purpose of assuring that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a declaration of restrictions for the subdivision, which shall be recorded concurrently with recordation of the final map or issuance of permits, whichever shall first occur. The easements shall prohibit the casting of shadows by vegetation, structures, fixture, or any other object, except for utility wires and similar objects.

FIGURE 17.76.020-1 SOLAR ACCESS

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FIGURE 17.76.020-2 SOLAR ORIENTATION

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(Ord. No. 1000 § 4, 2022)

A. General development standards.

1. Siting. Wind energy systems are prohibited on ridgelines.

2. Setbacks. All wind energy systems shall comply with existing setbacks for the zone in which it is located as well as any fire code setback requirements.

3. Color. Structural components including, but not limited to, towers and blades shall be of a nonreflective, unobtrusive color.

4. Guy wires. The use of guy wires is prohibited. Towers shall be self-supporting.

5. Utility connections. For interconnected systems, no wind energy system shall be installed until evidence has been notified and indicated that the proposed interconnection is acceptable. On-site electrical wires associated with the system shall be installed underground, except for "tie-ins" to the electric utility service provider and its transmission poles, towers and lines.

6. Exterior lighting. Exterior lighting on any wind energy system shall be prohibited unless specifically required by the Federal Aviation Administration.

7. Signs. No advertising sign or logo shall be placed or painted on any wind energy system, including towers and blades.

8. Noise. All wind energy systems are subject to noise standards as outlined in section 17.66.050 (Noise Standards).

9. Rotor safety. All wind energy systems must be equipped with manual and automatic over-speed controls to limit the rotational speed of the blades within the design limits of the rotor.

10. Electromagnetic interference. All wind energy systems shall be designed, installed and operated so that no distributing electromagnetic interference is caused. Disruptive interference from the facility shall be promptly rectified to include the discontinued operation of the wind energy system.

11. FAA regulations. All wind energy systems shall comply with applicable FAA regulations, including any necessary approvals for installations to close to airports.

• B. Residential site development standards.

  1. Height. The maximum height for a small wind energy system is limited as follows:

     • a. Freestanding systems shall not exceed 40 feet in height above grade level.

     • b. Roof-mounted systems shall not exceed 15 feet in height above the structure on which the system is mounted.

  2. Number of systems. The maximum number of wind energy systems is limited as follows:

     • a. Freestanding systems: One per parcel.

     • b. Roof-mounted systems: Two per parcel.

• C. Industrial site development standards.

  1. Height. The maximum height for a small wind energy system is limited as follows:

     • a. Freestanding systems shall not exceed 100 feet above grade level measured from finished grade to the center of the turbine hub.

     • b. Roof-mounted systems shall not exceed 25 feet in height measured from the center of the turbine hub to the roof surface above the structure on which the system is mounted.

  2. Number of systems. The maximum number of wind energy systems is limited as follows:

     • a. Freestanding systems: Two per parcel.

• b. Roof-mounted systems: Four per parcel.

  3. Tower access. Towers must provide one of the following:

     • a. Tower climbing apparatus located no closer than 12 feet from the ground;

     • b. Have an anti-climb device installed on the tower;

     • c. Provide a tower-access limitation program approved by the reviewing authority.

• D. Abandoned wind energy systems. Any wind energy system that is not used for a consecutive 12-month period shall be deemed abandoned. The property owner or permittee shall remove the wind energy system, clear the site of all equipment and restore the site as nearly as practicable to the condition prior to the installation of the wind energy system.

(Ord. No. 1000 § 4, 2022)