Chapter 85.18 — ACCESSORY WIND ENERGY SYSTEM PERMIT

As allowed by Government Code § 65892.13, the purpose of this Chapter is to provide a uniform and comprehensive set of standards, conditions, and procedures for the placement of accessory wind energy systems on parcels in unincorporated areas of the County in order to encourage the generation of electricity for on-site use, thereby reducing the consumption of electrical power supplied by utility companies. These regulations are intended to ensure that accessory wind energy systems are designed and located in a manner that minimizes visual and safety impacts on the surrounding community.

(Ord. 4011, passed - -2007)

(a) Accessory Wind Energy System Permit . An accessory wind energy system, as defined by § 810.01.250 (Definitions, “W”) and where allowed by Division 2 (Land Use Zoning Districts and Allowed Land Uses) of this Development Code, shall require an accessory wind energy system permit and shall be subject to the requirements and standards set forth in this Chapter and Chapter 84.26 of Division 4 of this Development Code.

(b) Exemptions . A single accessory wind energy system that is 35 feet or less in height shall be exempt from the requirement to obtain an accessory energy system permit. Multiple systems on the same parcel, even if they are 35 feet or less in height, shall be required to obtain an accessory wind energy system permit. All accessory wind energy systems, including those systems exempted from the accessory wind energy system permit process pursuant to this Subdivision, shall comply with the standards set forth in Chapter 84.26 of Division 4 of this Development Code. (Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4188, passed - -2012)

(a) Action . The Director shall review and act upon an application for approval of an accessory wind energy system permit.

(b) Procedure . Staff review with notice in compliance with § 85.02.030 (Staff Review with Notice).

(c) Notification .

(1) Surrounding Property Owners . Notice shall be given by first class mail or delivery to all surrounding property owners within 300 feet of the boundaries of the parcel of the subject site when an application is accepted as complete.

(2) Electric Utility Service Provider . If the applicant plans to connect the system to the electricity grid, the

applicant shall submit documentation from the electric utility service provider that serves the proposed site confirming they have been informed of the applicant’s intent to install an interconnected customer-owned electricity generator. If the applicant does not plan to connect the system to the electricity grid, notice to the electric utility service provider shall not be required.

(3) Pest Control Service Providers . In the event an accessory wind energy system is proposed to be sited as an accessory to an agricultural use that may involve aircraft operating at low altitudes, the applicant shall take reasonable steps to notify pest control aircraft pilots registered to operate in the County.

(4) Military Airspace Authority . An accessory wind energy system shall not be sited on land within a restricted military airspace without first giving adequate notice to the governing authority of that airspace.

(d) Application Submittal Requirement . The noise ratings as published by the manufacturer of a system proposed for installation shall be submitted to the County for review at the time of the submittal of an application for an accessory wind energy system permit. If multiple systems are being proposed, the noise ratings shall be modified to address the number of systems being installed.

(e) Review Authority . Director.

(f) Findings Required . Before approving an application for an accessory wind energy permit, the Director shall find and justify that all of the following are true:

(1) The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping and other features pertaining to the proposed use.

(2) The site for the proposed use has adequate access (i.e., the site design incorporates street and highway limitations).

(3) The proposed use will not have a substantial adverse effect on adjacent property or the use of the adjacent property (e.g., excessive noise, vibration, traffic, other disturbance, etc.) and will not have a substantial visual impact on adjacent property.

(4) The proposed use is consistent with the goals, policies, standards and maps of the General Plan and any applicable Community Plan or Specific Plan.

(5) The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare.

(Ord. 4011, passed - -2007; Am. Ord. 4188, passed - -2012)

Under normal occupancy, an accessory wind energy system that is not operated for a continuous period of 12 months shall be considered abandoned. The owners of the system shall remove all structures within 90 days of receipt of notice from the County advising the owner of the abandonment. If the system is not removed within 90 days, the County may remove all structures at the owner’s expense.

(Ord. 4011, passed - -2007)