The URL can be used to link to this page

Home My WebLink AboutMINUTES - 02191985 - T.8 TO: BOARD OF SUPERVISORS FROM: Anthony A. Dehaesus Contra Director of Planning Costa DATE: February 19, 1985 County SUBJECT: Wind Energy Conversion System Moratorium and Report on Interim Agricultural Land Use Policies SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Accept the Planning Department report on interim land use policies in agricultural area and extend the moratorium on Wind Energy Conversion Systems (WECS) for a period of two months and eight days to expire on May 1, 1985, or upon the effective date of the WECS ordinance now under development. BACKGROUND: In December the Board requested a report on iterim land use policies for agricultural areas near airports. On January 8, 1985, the Planning Department reported on current land use policies in agricultural areas, the role of the County General Plan, and the jurisdiction of the County Airport Land Use Commission regarding land use policies near airports. At the January 8, 1985 meeting the Board considered and Unanimously passed an interim land use policy prohibiting the approval of land use permits for WECS in agricultural areas during a specified 45 day moratorium period. Currently, WECS land use permits are approved for a total of 2,400 windmills on 7,100 acres in the southeast portion of the County near Byron/Altamont pass area. This area is zoned in various agricultural districts.. In 1984 the Board of Supervisors amended the agricultural zoning districts to require land use permit approval prior to issuance"of building permits for WECS. Single windmills for individual residences are exempted from these requirements. The General Plan designation for the area experiencing current WECS activity is General Open Space. No urban utilities, such as public water or sewers, are available to this area thereby limiting the potential scope of uses. Electric utility lines in the area can accommodate the WECS use, which otherwise require no urban utilities. Current use permit findings require general compatibility of proposed WECS operations with general plan goals and policies, neighboring uses, and public health and safety. Due to the magnitude of wind energy development in Contra Costa County and the interest in establishing more precise standards and criteria for WECS permit approval the Board concurred in, and passed, the Planning Department recommendation to establish a moratorium .on further use permit approvals and proceed with development of a WECS ordinance. Current land use policies in the agricultural areas are prescribed by the existing zoning, asssociated land use permit requirements, the County General Plan, and the interim moratorium on Wind Energy Conversion System use permit approval. Planning Department staff has met with representatives of the wind energy industry and concerned area residents and affected property owners and wind farmers in meetings over the past four weeks. The current Planning Department work .program calls for at least one more meeting with the ,East-Diablo Planning Advisory Committee. While EDPAC has not yet decided what policies to recommend for incorporation into a WECS ordinance Planning staff will meet again with EDPAC members to discuss a draft ordinance. The first public hearing before the County Planning Commission on a draft rdinance is expected to be on March 26, 1985. CONTINUED ON ATTACHMENT: YES SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR RE OM ENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON r APPROVED AS RECOMMENDED XX OTHER In addition, the. Board set April 16, 1985 at 2:30 p.m. as a date for a Board hearing of an ordinance on WECS and referred to the County Planning Commission this issue for hearing; and..instructed staff to prepare an ordinance providing the Board with authority to designate the County Planning Commission as the hearing body for textual zoning ordinance changes. VOTE OF SUPERVISORS ,- UNANIMOUS (ABSENT � ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON HE DATE SHOWN. cc: County Administrator ATTESTED County Counsel PHIL BATCHELOR, CL RK OF THE BOARD OF Director of Planning SUPERVISORS AND COUNTY ADMINISTRATOR M3e:/7-e3 BY DEU �. J ORDINANCE NO. 85-25 (Urgency Interim Moratorium on Approval of Wind Energy Conversion Systems) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Permit Area. No new conditional use permits for windpowered electric generating units shall be granted under the procedures set forth in Title 8 of the County Ordinance Code until such time as the appropriate sections of the County Zoning Ordinance are amended to include policies, standards, and criteria for the granting of such conditional use permits. SECTION H. Urgency Declaration. This ordinance is an interim urgency measure to protect the public health, safety, and welfare pursuant to the authorization of Govern- ment Code Section 65858, by prohibiting uses which may be in conflict with contemplated general plan or zoning proposals which the County Planning Agency is considering and studying to more fully implement the goals and objectives of the County's General Plan in the Agricultural Land Use Districts. The facts constituting the urgency are that if these interim urgency provisions are not imposed, uses in conflict with the contemplated zoning proposals and the County's General Plan may result, and irreversible uses with inadequate controls may result to the detriment of the open space/agricultural land areas, which are an immediate threat to the public health, safety, and welfare. On January 8, 1985, the Board of Supervisors adopted ordinance 85-5 establishing a moritorium on approval of conditional use permits for wind powered electric generating units. Ordinance 85-5 is to expire February 22, 1985 unless further extended by the Board. SECTION III. Reports. a. The Planning Department has undertaken a study to determine the short-term and long-term effects of wind energy conversion systems on the economics, aesthetics, agricultural land uses, and the goals and policies of the General Plan of Contra Costa - - 1 - ORDINANCE NO. 85-25 . 1 County. The County Planning Commission, the Orinda Area Planning Commission and the San Ramon Valley Area Planning Commission will be considering recommendations from the Planning Department to amend the County Zoning Ordinance to incorporate policies, standards, and criterion for review of Conditional Use Permit .applications to establish wind energy generation systems. b. Ten days prior to the expiration of this ordinance or any extension of it, the Planning Department shall file a written report describing the measures taken to alleviate the conditions which led to this ordinance's adoption with the Board of Supervisors for its consideration and adoption . SECTION IV. Effective and Expiration Dates. This ordinance becomes effective immediately upon passage and shall extend Ordinance 85-5 to.be operative through May 1, 1985 , pursuant to Government Code § 65858. Within 15 days after passage this ordinance shall be published once with the names of Supervisors voting for and against it in the 'Rossmoor News a newspaper published in this County. PASSED on February 19, 1985 by the following vote: AYES: Supervisors Powers , Schroder , Torlakson, Fanden. NOES: None . ABSENT: Supervisor McPeak. ABSTAIN: None. ATTEST: Phil Batchelor, Clerk of the Board and County Administrator By Deputy Chairperson of the Board - 2 ORDINANCE NO. 85-25