Chapter 18.62 — RENEWABLE ENERGY—SMALL WIND ENERGY SYSTEMS

The purpose of this chapter is to provide for the regulation of safe and efficient small wind energy facilities intended to produce electricity for on-site consumption, and reduce visual and auditory intrusions.

(Ord. No. 743, § 3, 3-21-2017)

18.62.020 - Applicability.

This chapter applies to all zones except OS, where the requirements of this chapter for property size can be met. The wind energy systems may be ground-mounted (tower) or building integrated systems.

18.62.030 - Definitions.

See Section 18.60.30 for other definitions.

"Building integrated wind systems." Wind systems that are designed for installation on a building.

"Small wind energy system." A small wind energy system means a wind energy conversion system including a wind turbine, a tower, and control or conversion electronics that:

A.

Per Government Code 65894, has a rated capacity of not more than 50 kilowatts;

B.

Is incidental to the primary use of the property; and

C.

Is intended to provide electricity primarily (but not necessarily solely) for on-site use.

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(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

18.62.040 - Requirements—Ground-mounted tower.

A.

Certification. The system shall use a wind turbine that has been approved by the energy commission as qualifying under its emerging renewables program pursuant to Section 25744 of the Public Resources Code or has been certified by a national program recognized and approved by the commission.

B.

Aviation Compliance. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the California Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).

C.

Property Size. Ground-mounted tower systems shall not be installed on lots smaller than one acre in size.

D.

Tower Height. The height of the tower may not exceed 80 feet on properties between one and five acres in size. Tower height may not exceed 100 feet in height on properties over five acres in size. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.

E.

Aviation Compliance. Small wind energy systems must comply with all applicable air traffic safety regulations.

F.

Lighting. No lighting is permitted, except that which is necessary to comply with federal, state, and local air traffic safety regulations.

G.

Setback. No part of the wind system structure, including guy wires, may extend closer than one and onetenth times the height of the tower to the property line of the installation site in all zones except residential, where the system may not be closer than one and one-half times the height of the tower.

H.

Location. No ground-mounted wind energy system shall be installed in the front yard.

I.

Maximum Number of Wind Energy Systems. No more than five disperse wind energy systems may be installed on a lot, provided the minimum lot size has been met.

J.

Approved Wind Turbines. Permitted turbines shall have been certified under the emerging technologies program of the California Energy Commission or other small wind certification program recognized by the American Wind Energy Association.

K.

Signs. No signage shall be affixed to the wind energy system except to warning and informational signage affixed to the base of the tower.

L.

Fencing. The tower shall be secured by a wall, fence, or other appurtenance or structure within the first 12 feet to prevent climbing.

M.

The system shall not substantially obstruct views of parks, open space, and other scenic vistas of adjacent property owners.

(Ord. No. 743, § 3, 3-21-2017)

18.62.050 - Requirements—Building integrated systems.

An application for installation of a building integrated wind system must include, at a minimum:

A.

Certification by a structural engineer that the proposed structure is adequate to support the proposed wind energy system, including wind load and vibration.

B.

Elevations of the building with the proposed system installed.

C.

Schematic details showing how the system will be anchored to the building.

D.

Specifications for the wind turbine, electrical system, and all related components.

(Ord. No. 743, § 3, 3-21-2017)

18.62.060 - Use of electricity generated.

Electrical power is primarily for use on-site. Sale of excess energy to a utility company must be arranged prior to the approval of the conditional use permit.

(Ord. No. 743, § 3, 3-21-2017)

Audible noise from a small wind energy facility shall not exceed 35 dBA. Decibel levels for the system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied pursuant to the noise element of a general plan for the applicable zoning classification in a jurisdiction or applicable noise regulations, as measured at the nearest property line, except during short-term events, such as utility outages and severe windstorms.

(Ord. No. 743, § 3, 3-21-2017)

A.

Notice of an application for installation of a small wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located, or the city may require the applicant to provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation.

B.

The application shall include standard drawings and an engineering analysis of the system's tower, showing compliance with the current version of the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. A wet stamp, however, shall not be required if the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot

C.

The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

D.

The applicant shall provide evidence that they have informed the electric utility service provider that serves the proposed site of the applicant's intent to install a customer-owned electricity generator.

E.

If the application to install a small wind energy system is for a site that is within 1,000 feet of special use airspace associated with Travis Air Force Base (AFB), Travis AFB shall be given the opportunity to provide written comments regarding the application and the city shall consider those comments before acting on the application.

(Ord. No. 743, § 3, 3-21-2017)

A small wind energy system shall not be allowed where otherwise prohibited by any of the following:

A.

A comprehensive land use plan and any implementing regulations adopted by an airport land use commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code.

B.

The terms of a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of the Civil Code.

C.

The terms of an open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5).

D.

The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act (Division 10.2 (commencing with Section 10200) of the Public Resources Code).

E.

The terms of a contract entered into pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5).

F.

The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code.

(Ord. No. 743, § 3, 3-21-2017)

The city may require that a small wind energy system be removed by the owner/operator if it remains inoperable for 12 consecutive months.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.64 - SIDEWALK CAFÉS