1.25 × TOTAL 1.25 × TOTAL 1.5 × TOTAL 1.1 × TOTAL 3 × TOTAL WECS 1.25 × TOTAL

WECS HEIGHT***** WECS HEIGHT WECS HEIGHT WECS HEIGHT HEIGHT WECS HEIGHT

NOTES:

* Measured from the outer boundary of the public utility right-of-way or easement.

** Measured from the outer boundary of the public road/highway right-of-way or railroad right-of-way.

*** "ADT" means average daily trips; based on traffic field measurements as determined by the director of the department of transportation (Information: in 1999, public roads or highways with ADT of 7,000 or more included I-10, Hwy 62, Hwy 111 & Indian Avenue).

**** For the purposes of this subsection, a "habitable dwelling" shall be a dwelling which contains a kitchen and which is deemed fit for human occupancy as determined by the director of the department of building and safety.

***** Measurement of the WECS and tower with the blade of a horizontal WECS at 12 o'clock position; measurement of a vertical axis WECS shall be the height of the tower.

C.

Wind Access Setbacks.

No accessory WECS shall be located where the center of the tower is within a distance of five rotor diameters from a lot line that is perpendicular to and downwind of, or within forty-five (45) degrees of perpendicular to and downwind of, the dominant wind direction.

Notwithstanding the provisions of subsection (C)(1) of this section, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of twenty-five (25) years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback and will not develop his land in such a way as to decrease wind velocity or increase wind turbulence at the location of the proposed accessory WECS. In addition the provisions of subsection (C)(1) of this section, regarding setbacks from lot lines do not apply if the planning director determines that the characteristics of the downwind property, such as, but not necessarily limited to, topography or use of such property as a transportation corridor, eliminate the ability to develop the downwind property with WECS. Whenever a wind access setback reduction is proposed to the planning director based on the characteristics of the downwind property, the wind access setback reduction shall be included in all notices regarding the accessory WECS permit, and, if granted, the accessory WECS permit shall specifically state the required alternative wind access setback.

D.

Scenic Resource Protection.

No accessory WECS or WECS array shall be located easterly of Indian Avenue or northerly of Pierson Boulevard and its extension westerly of Highway 62.

No accessory WECS or WECS array shall be located southerly of Interstate 10 or southerly of Highway 111 in any area that meets both of the following requirements:

a.

The area with Sections 8, 9, 15, 16, 17, 19, 20 and 21, Township 3 South, Range 3 East, San Bernardino Base and Meridian; and

b.

The area is within the boundaries of the Santa Rosa and San Jacinto Mountains Nataional Monument, as those boundaries existed on the effective date of the ordinance codified in this section.

E.

Access to the WECS shall be restricted by one or more of the following means:

Tower-climbing apparatus located no closer than twelve (12) feet from the ground;

A locking anticlimb device installed on the tower; or

Enclosure of the tower by a fence at least six feet high with locking portals.

F.

Anchor points for guy wires shall be located within the lot lines and shall be enclosed by a fence at least six feet high. Guy wires shall not cross any above ground electric transmission or distribution line.

G.

The WECS shall comply with Federal Aviation Administration (FAA) regulations regarding air traffic interference and with all other applicable federal and state laws.

H.

The WECS shall be constructed to withstand the predicted seismically induced ground shaking.

I.

All distribution lines and other interconnection facilities shall be constructed to the specifications of the utility. Interconnection shall conform to procedures and standards established by the Federal Energy Regulatory Commission, the California Independent System Operator and/or the California Public Utilities Commission, as applicable.

J.

Electrical distribution lines shall be buried underground. Signs warning of high voltage electricity in English and Spanish shall be posted on nonmoving portions of the WECS or its tower at a height of three to five feet above the ground.

K.

The WECS shall not be operated in a manner that causes communications interference. In the event that communications interference is caused by the WECS, the operator shall take the necessary steps to remedy the situation or shall terminate operation.

L.

The WECS shall not create noise beyond the lot containing the WECS which exceeds sixty (60) db(A) as measured at a point ten (10) feet from the outer wall, or equivalent distance, to any habitable dwelling, hospital, school, library or nursing home.

M.

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 that have been adopted by the county. The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms to good engineering practices and complies with the appropriate provisions of the electrical code adopted by the county. The mechanical system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices and complies with appropriate provisions of the mechanical code adopted by the county. As an alternative to certification of the mechanical system as provided above, the applicant may present a statement from either a registered engineer or an independent testing laboratory recognized by the county that the system complies with standards developed by the American Wind Energy Association or other accepted standards organization.

N.

Every unsafe accessory WECS and every accessory WECS which has been inoperable for six months is declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure contained in Section 3 of county Ordinance No. 457. All notices required by Section 3 of county Ordinance No. 457 shall also be given to the concerned utility.

O.

The WECS shall comply with all applicable provisions of the National Electrical Code including, but not limited to, Article 250 (Grounding).

P.

Except as provided in subsection D hereof, notwithstanding any other provisions of this section, an accessory WECS with a total height of eighty (80) feet or less may be permitted in any zone classification.

(Ord. 348.4042 §§ 2—4, 2002; Ord. 348.3884 § 2, 1999: Ord. 348 § 18.42(d))