HomeMy WebLinkAboutRESOLUTIONS - 04301985 - T.12 TO: BOARD OF SUPERVISORS
_ Contra
PROM: Anthony A. Dehaesus Costa
Director of Planning �y.�,:w�`
DATE: April 22, 1985 `�" County
SUBJECT: Wind Energy Conversion System Ordinance
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1) Approve the fourth draft (Exhibit "A") of the Wind Energy Conversion System Ordinance
with substitute wording shown in Exhibit "B", waive the second reading of the WECS
Ordinance and set May 7th as the date for adoption of the Ordinance; and .
2) Extend the current WECS moratorium on land use permit approval to the effective date of
the WECS Ordinance.
U. Financial Impact.-
None.
mpact:{None.
III. Reasons for Recommendations:
A Wind Energy Conversion System (WECS) moratorium was adopted January 8,. 1985, by the
Contra Costa County Board of Supervisors and is currently due to expire May 1, 1985. The
purpose for this moratorium was to permit time for preparation of a WECS Ordinance. In order
to formulate a WECS Ordinance, the staff initially surveyed WECS Ordinances from six
California counties and the California Energy Commission Office of Appropriate Technology.
Through comparative analysis of these ordinances, essential elements to be addressed in the
Contra Costa County proposed WECS Ordinance were identified. The draft WECS Ordinance
was distributed to WECS interests, discussed and modified in three East County workshops and
in meetings with East Diablo Planning Advisory Committee and the area Supervisor.
On March 26, 1985 the County Planning Commission recommended approval and adoption by the
Board of Supervisors of a Wind Energy Conversion System Ordinance. The attached Exhibit "A"
contains the fourth draft version of the Ordinance as approved by the County Planning
Commission. In conjunction with this approval the Commission requested staff to investigate
alternate wording for reclamation guarantees. Staff has subsequently met with wind energy
representatives to discuss the potential draft ordinance change. The alternate wording is
included in Exhibit "B".
IV. Consequences of Negative Action: .
Should the Board of Supervisors continue the hearing on the WECS Ordinance the 'current
moratorium should be extended. Only one further extension is allowed by statues governing
emergency ordinances. If the hearing on the permanent ordinance is continued, then the
interim moratorium should be extended six months to November 1, 1985. The moratorium can
be lifted prior to its expiration upon the adoption and effective date of a permanent WECS
Ordinance.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON Apra 30, 1985 APPROVED AS RECOMMENDED OTHER
Introduced blind Eneroy'Conversion Systems Ordinance and directed staff to meet with wind energy
company representatives and EDPAC to review proposed reclamation plan and suggest any future
modifications to the ordinance.
ADOPTED urgency ordinance (85-301985.extending provisions of existing ordinance on Wind Energy
Conversions Systems to June 18,
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT III ) 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: County Counsel ATTESTED April 30, 1985
Director of Planning PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works Director SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator
?4 382/7-83 BY ..DEPUTY
DRAFT #4
WIND ENERGY CONVERSION SYSTEMS LAND USE ORDINANCE
I. SHORT TITLE:
This chapter shalt be known and may be cited as the Wind Energy Conversion System (or
WECS) Ordinance of Contra Costa County..
Al. PURPOSE:
This chapter is adopted under the Conservation and Planning Act of the State of
California to promote the effective and efficient use of wind energy conversion systems
(WECS), and to regulate the placement of, and promote safeguards for, wind energy
conversion systems so that the public health, safety, and welfare of the citizens of Contra
Costa County will be ensured.
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III. DEFINITIONS:
i
A. Wind Energy Conversion Syste►n: A machine that converts the kinetic energy in the
wind into a usable form of mechanical, or electrical energy. The wind energy.
conversion system (WECS) is commonly known as a wind turbine or windmill. The .
i WECS includes all parts of the systern and tower upon which the system is installed,
• but does not include the power transmission equipment.
B. Commercial WEC: Two or more WECS on one parcel or adjoining parcels under
common ownership.
j." C. .Residential WEC: One WEC on a parcel of land which ,contains an existing residence.
D. Height: The height of the tower and the furtherest vertical extension of the WECS.
I IV. LOCATION:
it
A Wind Energy Conversion System may be located within any area zoned Agricultural
V. LAND USE PERMIT REQUIREMENT:
No person shall establish, maintain, or expand a commercial wind energy conversion
system without first obtaining a land use per►nit.
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( i VI. EXCEPTIONS:
i1 Residential Wind Energy Conversion Systems are exempt from the standards of this
. ordinance except for rotor safety, tower access, electromagnetic interference, noise and
aesthetic standards. RWECS may only operate between the hours of 8:00 a.rn. and 6:00
p.m. Prior to. issuc-mcc of building per►nits a site plan showing distances to adjacent
properties shall be subrnitted.
1
EMBINT A
• "`. WECS pg. 2
VII. LAND USE PERMIT APPLICATIONS: - applications for, land use permits shall be
L
accompanied by the following:
A. A site plan including the following:
I. Existing topography, trees, and drainage channels. .
2. Direction of prevailing winds across the project site. .
3. Location, height, and dimensions of all existing and proposed structures and
+ f encing.
.:. 4. Location and height above ground of all proposed WECS and above ground utility*
lines.
S. Location, grades, and dimensions of all temporary and permanent on-site roads.
6. Grading for all roadways, structures, WECS sites, and other site work.
7. Distance to all residences, public and private airports and airstrips, schools and .
any other uses, as determined by the Director.of Planning, within one (1) mile of
all exterior project boundaries.
B. A scale profile drawing of the subject site and proposed WECS as seen from the
nearest public road and the nearest scenic route.
C. A projection of the Annual Production (kwh) of the total WECS project at full build
out.
D. A regrading and revegetation program for temporary roadways no longer needed after
project construction.
E. An erosion, drainage and sediment collection and control plan.
F. A reclamation plan consistent with Article _
G. The proposed construction access route from the nearest highway.
VIII. DEVELOPMENT STANDARDS:
A. Setback Requirements:
1. Setbacks from adjacentparcels: A minimum WECS setback of three (3) times
overall machine height measured from grade to the top of the structure,
including the uppermost extension of any blades) or five hundred (500) feet,
whichever is greater, shall be maintained frorn exterior project boundaries.
2. Setbacks from off-site residence(s)_on adjacent parcels: A minimum wind
generator setback or one thousand (1,000) feet, from any existing off-site
residence(s) or planned residential areas..
WECS pg. 3
B. Tower Access:
Towers should have either: (a) tower-climbing apparatus located no closer than 12
feet from the ground; (b) a locked anticlimb device installed on the tower; (c) the
tower shall be completely enclosed by a locked, protective fence at least six feet
high, or (d) a tower-access limitation program approved by the Director of Planning.
C. Rotor Safety:
Each wind energy conversion system must be equipped with both manual and
automatic controls to limit the rotational speed of the blade the within the design
r�• -
limits of the rotor. The application must include a statement by. a California.
' ':•:.... registered professional engineer certifying that the rotor and overspeed controls have
been designed and fabricated for the proposed use in accordance with good engineer-
ing practices.
D. Electromagnetic Interference:
The wind energy conversion system shall be operated such that no disrupting
electromagnetic interference is caused. If it has been demonstrated to the County
Zoning Administrator that a wind energy conversion system is causing disruptive
interference, the operator shall promptly mitigate the disruptive interference, which
., may include discontinued operation of one or more WECS.
E. Utility Notification:
Prior to issuance of building permits, evidence shall be given that the utility company
• has been notified and has indicated that the proposed interconnection is acceptable.
F. Noise:
The WECS shall not create noise which exceeds a maximum of 65 dBA as measured at
the lot line. Measurement of sound levels shall not be adjusted for, or averaged with,
non-operating periods. In the event noise exceeds this standard, the WECS operator
shall take the necessary measures to rrreet this ordinance standards, which may
include discontinued operation of one or more WECS. A site-specific noise study may
be required to confirm compliance with the 65 dBA noise standard. Variances to this
standard may be granted along property boundaries adjacent to existing or approved
WECS and where existing or planned residences will not be adversely affected.
G. Site Access:
Construction of on-site roadways shall be minirnized. Temporary access roads
utilized for initial machine installation shall be regraded and revegetated to.a natural
condition after completion of machine installation.. .
H. Parkin :
The applicant shall provide a minimu,n of one on-site parking; space for each
employee, plus one on-site parking; space for *each vehicle kept in connection with the
use. A minimum of four spaces shall be provided.
! D .
WECS pg. 4
i
I. Site Aesthetics:
i 1. WECS (towers and blades) structures and fencing shall be of a non-reflective,
unobtrusive color.
2. All WECS, buildings, and structures shall be sited to minimize visual impact to
residences within one (l) mile, adjacent roadways, and County scenic routes.
This may require relocation of one or more WECS.
J. Si ns:
1. Signs warning of high voltage electricity shall be posted on stationary positions
+ of the WECS or its tower and at gated entry points to the project site at a height
of five feet above the ground.
. 2. No advertising sign or logo shall be placed or painted on any WECS or tower. No
more than two identification signs relating to the development shall be located
on the project site; signs shall not exceed 16 square feet in surface area or eight
feet in height.
3. Logos may be displayed on WECS generator housings in an unobtrusive manner.
IX. COMPLAINT INVESTIGATION BOND
A $3,000 cash bond shall be deposited to be used in the investigation and evaluation of a
valid complaint of excess noise or a land use permit condition violation. If all or any part
of said cash bond is depleted by such activities, the Permittee shall restore the balance of.
. the bond to the original $3,000. In the course of the review of this permit on the fifth
anniversary of its issuance as provided by .Condition 1, if warranted by the record and
verifiable killowatt hour production, the requirement of this $3,000 cash bond may be.
deleted.
X. PUBLIC ROADWAY DAMAGE REPAIR FUND
�= Where proposed WECS can only be accessed via substandard County roadways a security -
deposit shall be required to cover the anticipated cost of roadway damage repair
associated with construction of the WECS. The amount of security shall be determined by
the Director of Public Works. The WECS permittee shall be responsible for repair of'all
damage to substandard County roadways used to access the site, and attributable to
project-related construction traffic. The extent of required repairs shall be determined
by the Director of Public Works after comparing a pre- and post-construction inventory of
roadway conditions and after considering other non-project related traffic during the con-
struction period.
XI. SITE RL•CLAMMION
A. Reclamation Plan Required:
-No person shall establish an WECS without (1) first submitting and obtaining
1 P Y � g
approval of a reclamation plan under this article, and (2) posting a security deposit or
bond to insure compliance with the approved plan.
;II
UIM A D a
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WECS pg. S
B. Reclamation Plan l:equirements:
The reclamation plan shall identify the specific properties: it applies to and shall
indicate removal . of all buildings, structures, WECS, and foundations; road repair
costs stipulated by Section and all regrading and revegetation necessary to
return the subject property to the condition existing prior to establishment of WECS.
Reclamation shall reflect the site specific character including topography, vegeta- .
tion, drainage, and any unique environmental features. A materials and labor
estimate shall be submitted for the total reclamation costs.
' C. Guarantees:
1. Responsibility: The reclamation plan shall state that the operator, applicant and ._
permittee guarantees and accepts responsiblity for all reclamation work for a
period of two years after completion of reclamation..
2. Performance Secures: A cash deposit or bond shall be deposited to insure
completion of reclamation work consistent with this article. The amount of
security shall be determined by the Director of Planning and shall include all
material and labor costs, adjusted for inflation to reflect anticipated total costs
at the time of reclamation.
: .XII. PERMIT APPROVAL
A. Findings:
The division of the planning agency hearing the matter, either initially or on appeal,
shall find the following before granting the permit:
1. Findings required by Section.26-2.2008
2. That the WECS use will not adversely affect the orderly conduct of existing or
planned land uses in the vicinity.
3. That the reclarnation plan and associated. guarantees and performance security,•is
sufficient to enable the subject property to meet the intent and purpose of (this
ordinance) and be utilized for the intended long-term use stipulated by the
general plan.
DV:plp 13c
.y
EXHIBIT B
(Changes underlined for emphasis).
VII. LAND USE PERMIT APPLICATIONS:
A. Preliminary grading for all roadways, structures, WECS sites, and other site work.
E. A preliminary,erosion, drainage and sediment collection and control plan.
VIII. DEVELOPMENT STANDARDS:
I. Site Aesthetics
2. All WECS, building and structures shall be sited to minimize visual impacts to
residences within one (1) mile, adjacent roadways, and County scenic routes.
This may requires relocation of one of more proposed WECS.
XI. SITE RECLAMATION
B. Reclamation Plan Requirements
The reclamation plan shall identify the specific properties it applies to and shall
indicate removal of all buildings, structures, WECS, and foundations to three feet
below finish grade; road repair costs stipulated by Section ; and all regrading
and revegetation necessary to return the subject proeprty to the condition existing
prior to establishment of WECS. Reclamation shall reflect the site specific
character including topography, vegetation, drainage, and any unique environmental
features. A materials and labor estimate shall be submitted for the total reclamation
costs.
C. Guarantees
2. Performance Security: A cash deposit or bond shall be deposited to insure
completion of reclamation work consistent with this article. The amount of
security shall be determined by the Director of Planning and shall include all
material and labor costs, adjusted for inflation to reflect anticipated total costs
at the time of reclamation. Up to 80% of the cost of reclamation may be
secured by assignment to Contra Costa County of salvage rights for WECS
apparatus.
DV:plp 13c