Article 1 — WECS Permits

Prior ordinance history: Ord. 348.3752, 1995; Ord. 348.3567, 1993; Ord. 348.3029, 1989; Ord. 348.2686, 1987; Ord. 348.2592, 1986; Ord. 348.2534, 1985; Ord. 348.2500, 1985; Ord. 348.2338, 1984; Ord. 348.2218, 1983; Ord. 348.2174, 1983; Ord. 348.2104, 1982.

A.

Notwithstanding any other provision of this title, commercial WECS or WECS arrays having a total rated power output of one hundred (100) kw or less are permitted in all zoning classifications, provided a commercial WECS permit is granted pursuant to this article.

B.

Commercial WECS or WECS arrays having a total rated power output of more than one hundred (100) kw are permitted in the W-E zone, and in the W-1 zone, provided a commercial WECS permit is granted pursuant to this article.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.41(a))

A public hearing shall be held on an application for commercial WECS permit in accordance with the provisions of Chapter 17.192 and all of the procedural requirements and rights of appeal as set forth therein shall apply. In addition to the notice of hearing provided under Chapter 17.192, notice of hearing shall be given by mailing to all owners of real property which is located within one-half mile of the exterior boundaries of the proposed project, as such owners are shown on the last equalized assessment roll and any update. The hearing body shall be the planning commission.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.41(b))

Every application for a commercial WECS permit shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by the filing fee set forth in county Ordinance No. 671. The permit 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 and development plan drawn in sufficient detail to clearly describe the following:

Physical dimensions of the property, existing structures, and proposed structures,

Location of existing and proposed structures,

Location of electrical lines and facilities,

Existing topography,

Proposed grading and removal of natural vegetation,

Wind characteristics and dominant wind direction is the direction from which fifty (50) percent or more of the energy contained in the wind flows,

Setbacks,

Methods of circulation,

Ingress and egress identifying the following factors:

a.

Location and distance to the nearest county maintained road,

b.

A description of the access route from the nearest County maintained road to include:

i.

Road surface material stating the type and amount of surface cover,

ii.

Width and length of access route,

iii.

Dust control procedures,

iv.

A road maintenance schedule or program,

v.

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.

Specific information on the type, size, height, rotor material, rated power output, performance, safety and noise characteristics of each WECS model, tower and electrical transmission equipment;

F.

A geotechnical report that shall at a minimum include the following:

Soils engineering and engineering geologic characteristics of the site based upon on-site sampling and testing,

Foundation design criteria for all proposed structures,

Slope stability analysis,

Grading criteria for ground preparation, cuts and fills, soil compaction,

Detailed fault hazard evaluation prepared by a California registered geologist or certified engineering geologist for WECS located within an Alquist-Priolo special studies zone, county fault zone, or within one hundred fifty (150) feet of any other active or potentially active fault,

Seismic hazards evaluation to include regional seismicity, potential for strong groundshaking, and all appropriate primary and secondary seismic hazards,

Recommendations regarding the need for automatic shutdown systems in event of groundshaking greater than the seismic design specifications of the WECS and tower;

G.

A location map to scale of all dwellings within one-half mile of the boundary of the property upon which the WECS are to be located;

H.

An analysis to reduce air navigation clutter on airport radar facilities;

I.

If the planning director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed WECS and accessory structures;

J.

If the application includes any WECS with a total height over two hundred (200) feet or any WECS which is located within twenty thousand (20,000) feet of the runway of any airport, the application shall be accompanied by a copy of written notification to the Federal Aviation Administration;

K.

If the application includes any WECS which requires the approval of a greater height limit pursuant to Section 17.172.220, the two applications shall be filed concurrently;

L.

An application including any WECS which is located within a two miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link;

M.

An application including any WECS which is located within a one hundred (100) year flood plain area, as such flood hazard areas are shown on the maps designated in county Ordinance No. 458, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts;

N.

Such additional information as shall be required by the planning director.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.41(c))

No person shall erect or maintain a commercial WECS in the unincorporated area of the county of Riverside except in accordance with the following provisions.

A.

Safety Setbacks.

No commercial WECS shall be located where the center of the tower is within the distances indicated in the following table:

ABOVEGROUND PUBLIC ROAD, PUBLIC ROAD OR LOT LINE LOT LINE OF ANY ALL OTHER LOT ELECTRICAL PUBLIC HIGHWAY PUBLIC HIGHWAY ADJOINS A LOT LOT CONTAINING LINES TRANSMISSION OR RAILROAD** CLASSED AS AN ZONED W-E OR A "HABITABLE LINE OF MORE ARTERIAL OR W-1 DWELLING"**** THAN 12kV* GREATER WITH ADT OF 7,000 OR MORE***

A.

Any commercial WECS permit that is granted shall be used within two years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of five years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the board of supervisors, on forms provided by the county planning department and shall be filed with the planning director, accompanied by the fee set forth in county Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the planning director shall review the application, make a recommendation thereon, and forward the matter on the regular agenda of the board of supervisors. An extension of time may be granted by the board of supervisors upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five years, calculated from the effective date of the issuance of the permit. The term "use" means the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

B.

Life of Permit. A commercial WECS permit shall be valid for the useful life of the WECS included in the permit. The life of the permit shall be determined at the time of approval and shall not exceed thirty (30) years.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.41(e))

A commercial WECS permit may be revoked pursuant to Chapter 17.220.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.41(f))