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HomeMy WebLinkAboutOrdinance 206 ORDINANCE NO. 206 AN ORDINANCE BY THE CITY OF SARATOGA AMENDING CHAPTER 15 OF THE SARATOGA CITY CODE RELATING TO SMALL WIND ENERGY SYSTEMS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1. Article 15-52 is hereby added to the Saratoga City Code to read as follows: "ARTICLE 15-52 SMALL WIND ENERGY SYSTEMS 15 -52.010 Purpose In response to the state's electricity supply shortage, the State of California has adopted California Government Code Section 65892.13 to encourage local governmental agencies to adopt zoning standards which enable construction of small wind energy conversion systems for on-site home, farm and small commercial use. The purpose of this Ordinance is to adopt such zoning standards. 15-52.020 Definitions (a) "Small Wind Energy System" means a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power. (b) "Tower Height" means the height above grade of the fixed portion of the tower, excluding the wind turbine. 15-52.030 Requirement for Conditional Use Permit A Small Wind Energy System shall require Conditional Use Permit approval in compliance with Article 15-55 (Conditional Use Permits), and a Building Permit. 15-52.040 Application Requirements A Conditional Use Permit application for a Small Wind Energy System shall include all information and materials required by Section 15-55.040, and the following. (a) Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot. (b) A line drawing of the electrical components of the system in sufficient delail to allow for a determination that the manner of installation conforms to the National Electric Code. (c) Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. (d) Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer- owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid. ( e) Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system. 15-52.050 Location of Small Wind Energy Systems A Small Wind Energy System may be located in a Hillside Residential zoning district or an Agricultural District and only outside an "urbanized area" as defined in California Government Code Section 21080.7(b)(2) to mean a central city and surrounding closely settled territory, as defined by the United States Department of Commerce Bureau of the Census in the Federal Register, Volume 39, Number 85, for Wednesday, May 1, 1974, at pages 15202 and 15203, and as periodically updated. A windmill shall not be located on a parcel that is: (a) Within a scenic corridor identified by the Open Space Element of the City General Plan or a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code; (b) Within a Special Studies Zone established in compliance with the Alquist- Priolo Earthquake Fault Zoning Act (Public Resources Code Section 2621 and following); (c) Subject to a conservation easement established in compliance with Civil Code Section 815 and following, that does not specifically authorize wind energy conversion systems; (d) Subject to an open space easement established in compliance with Government Code Section 51070 and following, that does not specifically authorize wind energy conversion systems; (e) Subject to an agricultural conservation easement established in compliance with Public Resources Code Section 10200 and following, that does not specifically authorize wind energy conversion systems; (f) Subject to a Williamson Act contract easement established in compliance with Government Code Section 51200 and following, that does not specifically authorize wind energy conversion systems; or (g) Listed in the National Register of Historic Places, or the California Register of Historic Resources, in compliance with Public Resources Code Section 5024.1, or contains a structure that is so listed. 15-52.060 Noticed Public Hearing The Planning Commission shall conduct a public hearing on the application for a Conditional Use Permit for a Small Wind Energy System in accordance with Section 15-55.060, except that the notice for the public hearing need only be provided to property owners within 300 feet of the property on which the Small Wind Energy System is to be located; and provided, further, that the Community Development Director may choose to also provide additional notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the City of Saratoga, if the Director determines that this notice is necessary due to circumstances specific to the proposed installation. 15-52.070 Minimum Parcel Size A Small Wind Energy System shall only be located on a parcel that, at minimum, is one acre in size. 15-52.080 Standards A Small Wind Energy System shall comply with the following standards: (a) Setback requirements. A windmill shall not be located closer to a property line than the height of the tower; provided that it also complies with any applicable fire setback requirements pursuant to California Public Resources Code Section 4290 (30 feet for structures and related mechanical equipment at the effective date ofthis Ordinance). (b) Height limit. A Small Wind Energy System tower shall not exceed a maximum height of 65 feet on a parcel less than five acres, or a maximum height of 80 feet on a parcel of five acres or more; provided that, in all cases, the system shall comply with all applicable Federal Aviation Administration (FAA) requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code). ( c) Turbine. The turbine proposed for the system shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC. (d) Noise. Except during short-term events including utility outages and severe wind storms, a Small Wind Energy System shall be designed, installed, and operated so that noise generated by the system shall not exceed the 60 decibels (dBA), as measured at the closest neighboring inhabited dwelling, or the maximum noise levels established by Sections 7-30.040 and 7-30.050 for the applicable zoning district, whichever is the strictest requirement. 15-52.090 Abandonment of Use A Small Wind Energy System which is not used for twelve successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner." SECTION 2. In accordance with the California Environmental Quality Act ("CEQA" - Public Resources Code Section 21000 and following) and the regulations promulgated pursuant to CEQA ("the State CEQA Guidelines"), the City Council hereby approves the Negative Declaration prepared for the adoption of this Ordinance and finds that the adoption of this Ordinance is in compliance with CEQA and the State CEQA Guidelines. The above and foregoing Ordinance was regularly introduced and thereafter passed and adopted at the regular meeting of the City Council of the City of Saratoga held on the 19fu day of June 2002, by the following vote: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABST AIN: None ABSENT: None APPROVED AS TO FORM: - -'=::::::-- --. CITY ATTORNEY ~~ MAYOR, CITY OF SARATOGA, CALIFORNIA