Article 2 — Accessory WECS Permits

* Prior ordinance history: Ord. 348.3613, 1994; Ord. 348.3567, 1993; Ord. 348.2686, 1987; Ord. 348.2500, 1985; Ord. 348.2174, 1983; Ord. 348.2104, 1982.

Notwithstanding any other provision of this title, an accessory wind energy conversion system (WECS) may be permitted in any zone classification; provided, that an accessory WECS permit is granted pursuant to the provisions of this article.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.42(a))

Applications and permit approval for an accessory WECS permit shall be governed by all the provisions of Chapter 17.216 and of this article.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.42(b))

Applications for an accessory WECS permit shall be made in writing to the planning director on the forms provided by the county planning department and shall be accompanied by the filing fee set forth in county Ordinance No. 671. In addition to the information specified in Chapter 17.216, the permit application shall include the following:

A.

A photograph or detailed drawing of the WECS including the tower;

B.

Specific information on the WECS including: type, size, rated power output, rotor material, performance, safety and noise characteristics;

C.

Specific information on the type, height and material of the tower;

D.

Proof of notification to the utility of the proposed interconnection;

E.

Dominant wind direction at the site. Dominant wind direction is the direction from which fifty (50) percent or more of the energy contained in the wind flows;

F.

If the WECS requires approval of a greater height limit pursuant to Section 17.172.220, the two applications shall be filed concurrently.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.42(c))

No accessory WECS permit shall be approved unless it complies with the following standards:

A.

The WECS rotor shall clear the ground by at least fifteen (15) feet.

B.

Safety Setbacks.

No accessory WECS shall be located where the center of the tower is within the distance 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 12 kv* GREATER WITH ADT OF 7,000 OR MORE***

The approval of an accessory WECS permit shall be valid for a period of two years from its effective date, within which time the construction authorized must be substantially begun or the WECS be in use; otherwise, the approval shall be void and of no further effect.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.42(e))

An accessory WECS permit may be revoked pursuant to Chapter 17.220.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.42(f))

A request for approval of a modification to an approved wind energy conversion system (WECS) permit, shall be made in accordance with the provisions of this section. A modification under this section means a request for a determination of substantial conformance or a revised permit as further defined herein.

A.

Applications. Applications for substantial conformance or a revised permit shall be filed in writing with the planning director, shall be accompanied by the applicable fee set forth in county Ordinance No. 671, and shall include the following:

All information required under this title for the filing of a new WECS permit application, unless the planning director determines that the information is duplicative of information previously filed in connection with the approved WECS permit or the planning director otherwise waives the information requirement;

A statement explaining the proposed modification and the reason the modification has been requested;

A list of names and addresses of all owners of real property located within one half-mile of the exterior boundaries of the proposed project as shown on the last equalized assessment roll and any update issued by the county assessor;

A study comparing the cumulative effect of the approved WECS permit on surrounding properties and the cumulative effect of the proposed modification on those same properties. The study shall at a minimum discuss the following issues: height, rotor diameter, turbine noise, and total turbine number;

An efficiency study comparing the electrical output of the approved WECS permit and the proposed modification;

A removal/abandonment plan if the proposed modification calls for the removal of installed WECS;

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

B.

Substantial Conformance. "Substantial confor-mance" means a modification of an approved WECS permit which does not increase the density or intensity of the approved use, which does not increase the number of WECS, which does not result in more environmental impacts than the approved use and which does not have a greater cumulative effect on surrounding property than the approved use. The following shall constitute substantial conformance:

The replacement of WECS installed or authorized pursuant to an approved WECS permit when:

a.

The replacement WECS meet the noise standards set forth in Resolution No. 93-378,

b.

The total number of replacement WECS will be at least twenty-five (25) percent less than the number originally permitted,

c.

The replacement WECS will be no greater than two hundred (200) feet high measured at the highest point in the arc of the blades, and

d.

WECS installed or authorized within one thousand two hundred (1,200) feet of a residence will be removed, or, in the alternative, such residences are within areas designated "desert" or "mountainous" on the Western Coachella Valley Plan and the planning director determines that the owners of such residences have waived the one thousand two hundred (1,200) foot requirement in writing;

The replacement or alteration of all or part of the major component systems of WECS installed or authorized pursuant to an approved WECS permit when:

a.

The modified WECS meet the noise standards set forth in Resolution No. 93-378,

b.

Rotor diameter of the modified WECS will not be increased by more than fifty (50) percent of its prior size,

c.

The replacement WECS will be no greater than two hundred (200) feet high measured at the highest point in the arc of the blades, and

d.

WECS installed or authorized within one thousand two hundred (1,200) feet of a residence will be removed, or, in the alternative, such residences are within areas designated "desert" or "mountainous" on the Western Coachella Valley Plan and the planning director determines that the owners of such residences have waived the one thousand two hundred (1,200) foot requirement in writing. Substantial conformance may also include, but is not limited to, the following:

i.

Other replacement or alteration proposals which fall within the definition of substantial conformance set forth above,

ii.

Modifications necessary to comply with final conditions of approval, or

iii.

Modifications to lighting, parking, fencing or landscaping requirements.

C.

Revised Permits. "Revised permit" means a modification of an approved WECS permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, on-site reorientation of structures, replacements of WECS, that do not constitute substantial conformance, movement of or alterations to signs, changes to the original conditions of approval that do not constitute to substantial conformance, including extensions to the overall life of the permitted use, increases in the density or intensity of the permitted use or increases in the number of WECS. Applications for extensions of time shall be subject to any restrictions set forth in this title as to the maximum overall life of the original permit.

D.

Procedure.

Substantial Conformance.

a.

The planning director shall approve, conditionally approve or disapprove an application for substantial conformance within thirty (30) days after accepting a completed application. The planning director's determination shall be based upon the standards of this section and those standards set forth in the ordinance governing approval of the original application and the conditions of approval applicable to the approved WECS permit. An application for substantial conformance shall not require a public hearing. Notice of the decision shall be filed by the planning director with the clerk of the board of supervisors not more than fifteen (15) days after the decision. A copy of the notice of decision, including the original

conditions of approval which remain in effect unless expressly modified and any additional conditions of approval, shall be mailed to the applicant, and to any person who has made written request for a copy of the decision, and to all owners of real property which is located within one-half mile of the exterior boundaries of the project, as such owners are shown on the last equalized tax roll and any update. The clerk of the board shall place the notice of decision on the next agenda of the board of supervisors held five or more days after the clerk receives the notice from the planning director.

b.

The decision of the planning director is considered final and no action by the board of supervisors is required unless, within ten (10) days after the notice of decision appears on the board of supervisors' agenda, the applicant or an interested person files an appeal, accompanied by the fee set forth in county Ordinance No. 671, with the clerk of the board or unless the board of supervisors assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the board of supervisors assumes jurisdiction, the clerk of the board shall set the matter for public hearing before the board of supervisors not less than thirteen (13) nor more than sixty (60) days thereafter and shall give notice of the time and place of the hearing in the same manner as the notice was given by the planning director of the notice of decision.

c.

The board of supervisors shall hear the matter de novo; however, the documents and other evidence presented to the planning director shall be a part of the board of supervisors record at its hearing on the matter. The board of supervisors shall hear relevant testimony from interested persons and within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the planning director.

Revised Permit. An application for revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall meet the development standards applicable to a new WECS permit; provided, however, that a revised permit may be approved subject to lower development standards where the applicant demonstrates that such approval will reduce adverse impacts on residential properties.

E.

Approval Period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

F.

Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.42a)