§ 17.44.215  SMALL WIND ENERGY SYSTEMS.
   (A)   The development of small wind energy systems shall be permitted in any zone on lots one acre or greater in size. For the purposes of this section, SMALL WIND ENERGY SYSTEM shall mean 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, as defined under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission, and which is used primarily to reduce on-site consumption of utility power. Any wind energy system installed pursuant to this section must have a turbine approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission's Renewable Investment Plan or certified by a national program recognized and approved by the California Energy Commission.
   (B)   Conditional use permit.  All wind energy systems including related structures shall be reviewed and approved by the Planning Commission through the issuance of a conditional use permit. The applications for a conditional use permit shall comply with the procedures set forth in Chapter 17.52.  Notwithstanding the notice provisions of § 17.52.320(E)(2), notice of any application for a conditional use permit for a wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located. Each wind energy system shall comply with the following:
      (1)   Tower height.  Tower height means the height above grade of the fixed portion of the tower, excluding the wind turbine. Tower height shall be measured from lowest finish grade. For parcels between one acre and five acres in size, tower height shall be no more than 65 feet. For parcels greater than five acres, tower height shall be no more than 80 feet. Under no circumstances may the height of a tower exceed the height recommended by the manufacturer or distributor of the system. The application shall include evidence that the proposed height of the system does not exceed the manufacturer's recommended height for the system.
      (2)   Minimum setbacks.  At a minimum, the wind energy system shall be set back from any property line a distance equal to the height of the system, provided that such setback(s) comply with applicable fire setback requirements pursuant to Cal. Public Resources Code § 4290 or its successor.
      (3)   Noise.  Noise levels for the system shall be no greater than either 60 decibels, measured at the closest neighboring inhabited dwelling or any existing maximum noise levels in the general plan, whichever is lower.
      (4)   Standard drawings required.  The application shall include standard drawings and an engineering analysis of the tower showing compliance with the Uniform Building Code (UBC) or the California Building Standards Code (BSC), and certification by a professional mechanical, structural or civil engineer licensed by the State of California.
      (5)   Safety standards.  The application must demonstrate that the system is designed to meet the most stringent wind requirements (as established by the UBC), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.
      (6)   Additional requirements.  The system shall comply with all applicable requirements imposed by the Federal Aviation Administration and the California Aeronautics Act.
      (7)   Electrical requirements.  The application must include a line drawing of the electrical components of the system in sufficient detail to show that the manner of installation conforms with the National Electric Code.
      (8)   The system shall be used primarily to reduce onsite consumption of utility power.
      (9)   A wind energy system shall not be permitted on any site that is listed on the National Register of Historic Places or the California Register of Historical Resources pursuant to Cal. Public Resources Code § 5024.1.
      (10)   A wind energy system shall not be permitted on any parcel that is part of an Open Space Easement entered into pursuant to Cal. Civil Code Division 2, Part 2, Chapter 4 (commencing with § 815).
      (11)   A wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to the Open Space Easement Act of 1974, Cal. Gov't Code Title 5, Division 1, Chapter 6.6 (commencing with § 51070).
      (12)   A wind energy system may not be mounted on the roof of any residential structure. Any wind energy system mounted on the roof of any commercial or industrial structure shall comply with the requirements of this section and § 17.16.030 (H).
      (13)   A wind energy system shall not adversely affect a view from another property or create other adverse aesthetic impacts on adjacent properties.
      (14)   A wind energy system shall comply with all applicable development standards for the underlying zone in which it is located, including landscaping and screening requirements, to the extent such standards do not conflict with any of the provisions of this section.
(Ord. 2002-06 § 4, 2002)