Riverside County Municipal Code § 17.224.080 Procedure

* 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.

1. No accessory WECS shall be located where the center of the tower is within the distance indicated in the following table:

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.

1. 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.

2. 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.

1. 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.

2. 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:

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

2. A locking anticlimb device installed on the tower; or

3. 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))

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:

1. 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;

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

3. 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;

4. 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;

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

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

7. 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:

1. 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;

2. 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.

1. 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.

2. 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)