A. Purpose and Intent. It Is the purpose and intent of this section to promote the safe, effective and efficient construction and use of N-WECS installed on rural residential lots to reduce the on-site consumption of utility supplied electricity within the city limits of the City of Murrieta. A uniform and comprehensive set of standards, conditions, and procedures for the placement of N-WECS are necessary to regulate the generation of electricity for on-site use, thereby reducing the consumption of electrical power supplied by utility companies. These regulations are intended to assure that N-WECS are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community,
B. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Article IV (Development Code Definitions).
1. AWEA means American Wind Energy Association.
2. Commission means the Planning Commission.
3. Director means the director of the Commission.
4. FAA means Federal Aviation Administration.
5. Guy Wires means wires or cables used in tension to support a tower.
6. Non-Commercial Wind Energy Conversion Systems (N-WECS) means a small wind energy system suitable for rural residential zones consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed 100 kilowatts (kW) and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity.
7. Rural Residential means the Rural Residential zoning district as specified in Chapter 16.08 of Article II (Zoning Districts and Allowable Land Uses).
8. Tower means the portion of the N-WECS upon which the wind turbine is mounted.
9. Tower Height means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind-measuring devices.
10. USGS means the United States Geological Survey.
11. Wind Turbine means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than 100 kW and which converts kinetic energy in wind into mechanical energy.
C. Restriction on Use of Electricity Generated by N-WECS.
1. An N-WECS shall be used exclusively to supply electrical power for on-site consumption, except that when a parcel on which an N-WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the N-WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.
2. An N-WECS shall be permitted only in the Rural Residential zone, subject to the approval of a conditional use permit by the director in accordance with Chapter 16.52 (Conditional Use Permits). Only one N-WECS shall be permitted on a premises.
D. Development Standards. An N-WECS shall be subject to all applicable regulations of the Rural Residential zoning district in which it is proposed, except that the following standards shall take precedence over the regulations of the Rural Residential zone to the extent that they differ from the regulations of the Rural Residential zone. The following shall be deemed to be conditions of approval of every N-WECS unless specifically modified pursuant to subsection E of this section:
1. Minimum Lot Size. The minimum lot or parcel size shall be 2.5 acres.
2. Location.
a. Setback.
i. The minimum distance between an N-WECS, excluding guy wires and their anchors, and any property line or road right-of-way, shall be the distance which is equivalent to the height of the Wind Turbine, including any wind turbine generator, wind-measuring devices, and the highest vertical extent of any blades, or at least twenty (20) feet, whichever is further, provided that the required distance shall also comply with any applicable fire setback requirements pursuant to sections 4290-4299 of the Public Resources Code.
ii. All N-WECS structures, including guy wire anchors, shall conform with the setback requirements established for the Rural Residential zoning district in Section 16.08.020 (Residential Districts General Development Standards) of Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code.
iii. No part of an N-WECS shall be located within or over drainage, utility, or other established easements. Each wind turbine shall be setback from the nearest above-ground public communication or electrical line by a distance which is equivalent to the height of the wind turbine.
iv. No part of an N-WECS shall be located on a property that has a slope greater than or equal to twenty (20) percent.
v. The minimum distance requirement shall be increased as necessary to meet the noise limits of the Rural Residential zone as established in Chapter 16.30 (Noise).
b. Blade Clearance. No part of an N-WECS blade shall extend within thirty (30) feet of the ground, trees, or any other structure.
c. FAA Beacon Prohibited. No portion of an N-WECS shall be located in an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights.
3. Maximum Tower Height. Tower height shall not exceed the height limit of the underlying zone.
4. Rotors. Rotors shall be twenty-three (23) inches to twenty-one (21) feet in diameter.
5. Compliance with Aviation Safety Standards. The N-WECS shall comply with all applicable FAA requirements and the requirements of the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).
6. Wind Turbine Approval. Wind turbines must be approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the AWEA.
7. Design. An N-WECS must be designed and constructed in accordance with the following:
a. Colors. The colors used in the construction materials or finished surface shall be muted and visually compatible with surrounding developments.
b. Lighting. If required by FAA standards, a safety light that meets FAA standards shall be provided on the N-WECS. All required lights shall be shielded from adjacent properties, and no other lights shall be placed upon the tower.
c. Noise. Noise from an N-WECS shall conform with the noise standards of Chapter 16.30 (Noise), including, but not limited to, the maximum allowed exterior noise level standards of Table 3-6 (Exterior Noise Standards), as measured at the closest neighboring inhabited dwelling. N-WECS that have a noise specification greater than the standards of Table 3-6 shall provide a noise study to determine mitigation measures to conform to the noise standards.
d. Visual Effects.
i. The top of an N-WECS, including the wind turbine and the highest vertical extent of the blades, shall be located at least twenty-five (25) vertical feet below the top of any adjacent major ridgeline, and an N-WECS shall be located at least one hundred (100) horizontal feet from any adjacent major ridgeline.
ii. Any N-WECS that is placed within the viewshed of a designated major, secondary, limited secondary, or scenic highway shall be assessed for its visual effects, and appropriate conditions relating to siting, buffers, and design of the facility shall be applied pursuant to Sections 260-284 of the Streets and Highways Code.
iii. Any N-WECS placed on hillsides and ridgelines shall be assessed for its visual effects, and appropriate conditions relating to siting, buffers, and design of the facility shall be evaluated to minimize impacts on the viewshed from the valley floor.
e. Climbing Apparatus. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower must be designed to prevent climbing within the first fifteen (15) feet.
f. Automatic Overspeed Controls. N-WECS shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the N-WECS.
g. Access Doors. If an N-WECS is equipped with access doors, all access doors shall be lockable and remain locked during operation.
8. Signs. One sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner to call in the event of an emergency.
9. Displacement of Parking Prohibited. The location of an N-WECS shall not result in the displacement of required parking as specified in Chapter 16.34 (Off-Street Parking and Loading Standards).
10. Maintenance. N-WECS shall be maintained in an operational condition that poses no potential safety hazards.
11. Removal. Within six (6) months after the operation of an N-WECS has ceased or the permit therefore has expired, whichever occurs first, the permittee shall remove the NWECS, clear the site of all equipment, and restore the site as nearly as practicable to its condition prior to the installation of the N-WECS. Failure to remove such N-WECS as required above shall constitute a public nuisance.
E. Conditional Use Permit – Non-Commercial Wind Energy Conversion Systems.
2. Application–Filing Information and Documents Required. An application for a conditional use permit for an N-WECS shall contain the following:
b. Drawings to scale of the entire N-WECS structure, including the Tower, base, Wind Turbine, blades, footings, Guy Wires, and associated equipment.
c. Three (3) copies of the proposed site plan, elevation plan, and location map depicting the project location on USGS topographic sheets. Additional copies of these materials may be required by the director. On each set of the required site plan and elevation plan, the applicant shall depict the type and location of any safety lights and energy storage devices.
d. Evidence satisfactory to the director that the proposed wind turbine generator meets the following standards:
i. The wind turbine generator is certified by a qualified, licensed engineer as meeting the requirements of Wind Turbine-specific safety and/or performance standards adopted by a national or international standards-setting body, including, but not limited to, International Electric Code standard 61400-2.
ii. The wind turbine generator has a manufacturer's warranty with at least five (5) years remaining from the date the application is filed.
iii. The model of equipment proposed has a documented record of at least one (1) year of reliable operation at a site with average wind speeds of at least twelve (12) mph.
e. Where modification of any development standard specified in subsection D of this section is requested, the applicant shall identify the requested modifications and substantiate to the satisfaction of the director that strict compliance with all required development standards would substantially and unreasonably interfere with establishment of the proposed N-WECS on the subject property and the requested modifications would not be contrary to the intent and purpose of this section.
(Ord. 408 § 1, 2008)