HomeMy WebLinkAboutMINUTES - 01081985 - 1.69 BOARD OF SUPERVISORS
Contra
FROM: Anthony A. Dehaesus / / (�
Director of Planning Costa
DATE: January 4, 1985
County
SUBJECT: Urgency Interim Ordinance establishing a moratorium on the granting of conditional use
permits for Wind Energy Conversion Systems
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt the attached Urgency Ordinance (marked Exhibit A) establishing a moratorium on the
granting of conditional use permits for wind energy conversion systems, and set January 29, 1985,
for a hearing on whether this Urgency Ordinance should be further extended and instruct the
Director of Planning to prepare an ordinance incorporating policies and standards for regulating
wind energy conversion land uses.
BACKGROUND
On December 18, 1984, the Board of Supervisors directed the Planning Department to prepare a
planning study and policy recommendations applicable to land uses in the vicinity of airports existing
and proposed, in rural Contra Costa County. The main .issues concern the potential incompatibility
of airports with residential uses, wind energy conversion systems, and certain industrial uses.
Since November, 1984, the Planning Department has been gathering data to formulate an ordinance
which would set standards for wind .energy conversion systems. Since .the. establishment of the
requirement for conditional use permit approval for wind energy conversion systems, 2,400 wind
energy generators have been approved on 7,100. acres. Over the short .history of wind energy
projects in this county several issues have materialized which warrant consideration in the review of
use permit requests for wind energy projects. Among these issues are the land use compatibility
with other allowed' uses in agricultural districts, the noise impacts of wind.energy generators,
effects on adjoining properties and uses conducted on other properties in the vicinity of wind energy
projects, the long term land use impacts of wind-energy-conversion project construction, aesthetic
impacts, economic effects, site clean-up after termination of use, and general health, safety, and
welfare concerns.
Experiences in this and other counties warrant the preparation of an inventory of issues, impacts,
and experiences; and the formulation of policies, standards, and requirements for the establishment,
operation, and termination of wind energy conversion land uses.
The remaining issues of general-long term land use planning in the vicinity of public airports are
required to be addressed through the Airport Land Use Commission (ALUC) and County General
Plan. As provided for by State law, the Contra Costa ALUC will formulate a land use plan and
policies for uses surrounding public airports, and will do so in a public hearing f rmat. These plans
and policies will then be subject to a second set of hearings by the County Plan ing Commission and
CONTINI O ON ATTACHMENT:X YES SIGNATURE:
i
..OMMENDATION OF COUNTY ADMINISTRATOR R (OMAN tON OF OARD COMMITTEE
APPROVE _ OTHER
SIGNATURE(S).'
ACTION Or 30ARD'ON S APPROVED AS RECOMMENDED OTHER
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 THE DATE SHOWN.
CC: ATTESTED
County Administrator P BATCHELOR, ERK THE BOARD OF
County Counsel
Planning S PERVISORS AND COUNTY ADMINISTR`ATTOR
Maes/�-e� BY _� '`'LK�d�. DEPUTY
.r
- 2 -
the
-the Board of Supervisors for incorporation into the County General Plan. This procedure was most
recently concluded for the Buchanan Field area, and the area surrounding Antioch Airport. Should
the Board designate other public airport facilities then plans and policies will be formulated for the
area surrounding that specific site and proposed for inclusion in the County General Plan.
At this time it is necessary to address short-term land uses not directly controlled by the County
General Plan, such as wind energy conversion systems. The current Planning Department study is
proceeding and will result in a draft ordinance directed at establishing standards for wind energy
conversion land uses by early February, 1985.
ORDINANCE NO. 85-5
(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 II . Urgency Declaration. This ordinance is an interim
urgency measure to protect the public health, safety, and welfare
pursuant to the authorization of Government Code Sections 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.
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 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 this Board for its consideration
and adoption.
ORDINANCE NO. 85-5
SECTION IV. Effective and Expiration Dates. This ordinance
becomes effective immediately upon passage and shall be operative
forty-five (45) days (through February 22 , 1985) , pursuant to
Government Code §65858 . Within 1_5 days after passage this
ordinance shall be published once with the names of Supervisors
voting for and against it in the Contra Costa Times, a newspaper
published in this County.
PASSED on January 8 , 1985 by the following vote:
AYES: Supervisors - Dowers , Fanden , McPea1 , Schroder ,
Torlakson .
NOES: None .
ABSENT: None .
ABSTAIN: None .
ATTEST: PHIL BATCHELOR, Clerk of the
Board and County Administrator
�� � 7J' K �
By �.,
Deputy Chairperson of the Board
-2-
ORDINANCE NO. 85-5
�J