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HomeMy WebLinkAboutMINUTES - 08132013 - D.2PDF Return D.2 To: Board of Supervisors From: Catherine Kutsuris, Conservation and Development Director Date: August 13, 2013 Contra Costa County Subject:Hearing on a County Initiated Zoning Text Amendment to Establish Meteorological Towers Ordinance, Chapter 82-40 - County File #ZT12-0003 (County Wide) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/13/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:925-674-7783 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 13, 2013 David Twa, BY:Chris Heck , Deputy RECOMMENDATION(S): A. OPEN the public hearing on Ordinance No. 2013-17. B. RECEIVE testimony and CLOSE the public hearing. RECOMMENDATION(S): (CONT'D) C. CERTIFY the Negative Declaration (ND), California State Clearinghouse Number #2012092042, dated September 19, 2012, finding it to be adequate and complete, finding that it has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, and finding that it reflects the County’s independent judgment and analysis, and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based. D. ADOPT Ordinance No. 2013-17, which regulates the establishment and maintenance of meteorological towers (MET). E. ACCEPT the County Planning Commission Resolution No. 7-2013 reporting on the Commissions' review and actions on this project. F. FIND that the proposed Zoning Amendment, Code Chapter 88-22, is consistent with the County General Plan. G. DIRECT Department of Conservation and Development ("Department") staff to file a Notice of Determination with the County Clerk. FISCAL IMPACT: The costs of preparing this ordinance has been funded by the Department of Conservation and Development. The costs of processing meteorological towers will be 100% funded by application fees. BACKGROUND: In the course of reviewing the County Ordinance, the Department of Conservation and Development determined that the County Code had to be amended to allow for the regulation of meteorological towers in the County. RECENTLY APPROVED ASSEMBLY BILL NO. 511 Assembly Bill 511 was introduced due to a fatal crash that took place in East County in 2010 involving a meteorological tower. Assembly Bill 511, which became effective on January 1, 2013, adds Section 21417 to the Public Utility Code, and authorizes local agencies to adopt ordinances that include marking requirements contained in this Bill. The proposed County MET Tower ordinance has been designed to impose the same requirements that Assembly Bill 511 imposes on towers that are between 50 feet and 200 feet in height. TYPES OF METEOROLOGICAL TOWERS IN THE COUNTY In the past, the Department of Conservation and Development approved a few land use permit applications for meteorological towers. Some of these towers are permanent, and others temporary. Permanent Meteorological Towers: The two common types of permanent MET towers the Department of Conservation and Development has processed are towers installed at refineries (or within open spaces near refineries) for the purpose of measuring/collecting air data. This is typically a requirement from the Bay Area Air Quality Management District (BAAQMD) for refineries to provide continuing air quality monitoring. In 2004, the County approved a land use permit to allow a permanent MET tower to measure air quality data for Phillips 66 (formerly ConocoPhillips Refinery) located outside of the Refinery property and about 5 miles within EBRPD property. Other permanent meteorological towers have been installed on wind farms to provide for the continued collecting of wind data for an approved wind farm. For instance, the wind farm for the recently approved Vasco Windfarm included 34 wind turbines and two permanent meteorological towers. The processing of permanent MET towers can be incorporated either within the primary land use application or as part of a stand-alone land use permit. Temporary Meteorological Towers: The MET towers that are temporary in nature, are installed for the purpose of collecting data to determine a site’s potential to become a wind farm generator. They typically are installed for a period of one year. The most recent temporary MET tower was installed at the Webb Tract Island in 2010, which was the cause of a fatal accident involving a crop duster. PURPOSE OF THE MET ORDINANCE The purpose of the MET Ordinance is to establish specific standards and procedure for the erection and maintenance of meteorological towers in order to promote the public health, safety and welfare of the citizens of the County. This ordinance will include visual markings, consistent with Assembly Bill 511, and additionally, it will include permitting procedures, setback restrictions, and restriction within residential areas. PROPOSED AMENDMENT TO COUNTY CODE CHAPTER 88-22 In summary, the Ordinance will require the following visual markings for any MET tower lower than 200 feet and higher than 50 feet: • The full length of the meteorological tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower. The bands shall be between 20 and 30 feet in width. • Two or more high visibility spherical marker balls, also called cable balls, that are aviation orange shall be attached to each outside guy wire that is connected to a meteorological tower. • One or more seven-foot high visibility safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point. • All markings described in this subsection must be replaced when faded or otherwise deteriorated. • A safety lighting that meets the Federal Aviation Administration standards must be affixed to a meteorological tower with a tower height less than 200 feet and greater than 150 feet. A safety light that meets Federal Aviation Administration standards may be required on a meteorological tower with a tower height of 150 feet or less by the Zoning Administrator after consideration of the tower's location, visibility, or other factors. Additional Restrictions A temporary meteorological tower facility may be approved administratively, and a land use permit is required for any permanent tower facilities. All meteorological towers will need to observe a setback distance from a parcel boundary (or from each right-of-way adjacent to the parcel) of a distance equal or greater than the tower height. A meteorological facility will not be permitted in districts that are single-family, two-family, multi-family, water recreational, mobile home/manufactured home park, planned unit, Kensington Combining, and Interchange Transitional districts. A meteorological tower will also not be allowed within 100 feet from any of the above mentioned zoning districts. The only deviation that could be considered to a temporary or permanent tower considered to be granted (due to possible topographic/soil stability constraints) is the setback of a tower from another parcel. This deviation will only be considered through a public hearing process. Planning Commission Hearing: On March 26, 2013, the Department of Conservation and Development introduced the proposed Meteorological Ordinance at the County Planning Commission hearing. There were a few attendees; however, no testimony was received. The Planning Commission continued the meeting and asked staff to return with information regarding the pros and cons of imposing lighting on towers less than 200 feet in height. During the May 14, 2013 hearing, the County Planning Commission voted unanimously to approve the ordinance as recommended by staff along with the recommendation to impose lights on towers with 150 feet in height or taller. Assembly Bill 511 also provides an option to affix lights on MET towers. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT On September 19, 2012, the Department of Conservation and Development published a Draft Initial Study/ Negative Declaration (IS/ND) which analyzed potential impacts for the proposed project. The Draft IS/ND included a 30-day public review period, ending on October 19, 2012. During the public review period, the Department of Conservation and Development received a letter from Save Mount Diablo (SMD), which included several concerns regarding the potential impact of the MET towers and the processing of the MET towers applications. SMD comments and staff response to each comment is provided in the attached Initial Study/Negative Declaration document. The IS/ND document did not identify any significant impacts on the environment with the adoption of the proposed MET Ordinance. The facts supporting the Department’s determination are as follows: 1. The proposal to add Chapter 88-22 will result in beneficial environmental impacts by ensuring that the installation of meteorological towers are placed in non- residential areas and are constructed in a safe manner. 2. The proposed amendment will be consistent with recently approved State Assembly Bill 511, which regulates the installation of meteorological towers. 3. Any potential environmental impacts associated with the project will be addressed through the California Environmental Quality Act on a case by case basis at the time of application review. SUMMARY & CONCLUSION This new ordinance is needed to establish specific standards and procedures for the erection and maintenance of meteorological towers in order to promote the public health, safety and welfare of the citizens of the County. Additionally, the Department is certain that adoption of the proposed Zoning Text Amendment will not result in a significant impact to the environment. Proposal of the fee adoption will be presented to the Board at a future date. Staff recommends that the Board of Supervisors adopt Ordinance No. 2013-17, which regulates the establishment and maintenance of meteorological towers. CONSEQUENCE OF NEGATIVE ACTION: The County would not have a meteorological tower ordinance, and therefore, would not be able to impose specific restrictions on the erection of meteorological towers/facilities. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM CLOSED the public hearing; CERTIFIED the Negative Declaration (ND), California State Clearinghouse Number #2012092042, dated September 19, 2012, finding it to be adequate and complete, finding that it has been prepared in compliance with the California Environmental Quality Act (CEQA), the State and County CEQA Guidelines, and finding that it reflects the County’s independent judgment and analysis, and specified that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based; ADOPTED Ordinance No. 2013-17, which regulates the establishment and maintenance of meteorological towers (MET); ACCEPTED the County Planning Commission Resolution No. 7-2013 reporting on the Commissions' review and actions on this project; FOUND that the proposed Zoning Amendment, Code Chapter 88-22, is consistent with the County General Plan; and DIRECTED Department of Conservation and Development staff to file a Notice of Determination with the County Clerk. 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