SANTA BARBARA COUNTY PLANNING COMMISSION Small Wind Energy Systems Ordinance Amendment

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Small Wind Energy Systems Ordinance Amendment Hearing Date: November 10, 2010 Development Services Director: Dianne Black Staff Report Date: November 1, 2010 Staff Contact: Noel Langle Case No. 10ORD Phone No.: Environmental Document: CEQA Guidelines Section REQUEST Hearing on the request of the Planning and Development Department that the County Planning Commission consider and adopt a recommendation to the Board of Supervisors that they adopt an ordinance (Case No. 10ORD ) amending Article 35.3, Site Planning and Other Project Standards, Article 35.5, Oil and Gas, Wind Energy and Cogeneration Facilities, and Article 35.11, Glossary, of Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the County Code, as set forth in Attachment C that would implement new regulations allowing for the installation of Small Wind Energy Systems in the unincorporated portion of Santa Barbara County located outside the Montecito Community Plan area. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and recommend that the Board of Supervisors approve Case No. 10ORD based upon the ability to make the appropriate findings. Your Commission's motion should include the following: Adopt the findings for approval including CEQA findings and recommend that the Board of Supervisors adopt the findings for approval of the proposed amendment (Attachment A); Recommend that the Board of Supervisors determine that this amendment is categorically exempt from the California Environmental Quality Act pursuant to Section of the Guidelines for Implementation of CEQA (Attachment B).; and, Adopt a Resolution recommending that the Board of Supervisors adopt Case No. 10ORD , an ordinance amending Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the County Code (Attachment C). Please refer the matter to staff if your Commission takes other than the recommended action for the development of appropriate materials. 3.0 JURISDICTION This project is being considered by the County Planning Commission based upon Section of the Government Code and Section of the Santa Barbara County Land Use and Development Code (County LUDC). The Government Code and the County LUDC require that the County Planning Commission, as the designated planning agency for the unincorporated portion of Santa Barbara County located outside the Montecito Community Plan area, review and consider proposed amendments to the County LUDC and provide a recommendation to the Board of Supervisors. 4.0 ISSUE SUMMARY AND BACKGROUND This ordinance amendment is required in order to be consistent with the regulations imposed on cities and counties by Article 2.11 (Wind Energy) of Chapter 4 of Division 1 of Title 7 of the Government Code (Section et seq.) which was added to the Government Code by Assembly Bill 45 (approved by the Governor on October 11, 2009). The California State legislature enacted Assembly Bill 45 as a measure to reduce California's dependence on nonrenewable energy sources by

2 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 2 encouraging the development of small, private wind energy systems. AB 45 amended the Government Code to add Article 2.11 (see Attachment D) that allows for the development of systems that primarily serve the property where they are located, provided the lot is at least one acre in size and located outside of urbanized areas. An urbanized area is any urban location that meets the definition used by the United States Department of Commerce's Bureau of Census for "urban" and includes locations with core census block groups containing at least 1,000 people per square mile and surrounding census block groups containing at least 500 people per square mile. Article 2.11 also includes additional restrictions on where such systems may be located. A map of Santa Barbara County area showing the urbanized versus non-urbanized areas will be available at the November 10, 2010 hearing. Article 2.11 provides that local jurisdictions may adopt a permit process allowing the installation of small wind energy systems (SWES). If the local jurisdiction does not adopt such a permit process by January 1, 2011, then an application for the installation of a SWES submitted between January 1, 2011, and the subsequent date of adoption of a local permit process, shall be approved via a ministerial permit by the local jurisdiction provided the system complies with the requirements and conditions of subdivision (b) of Section of Article Additionally, any permit process adopted by the County after January 1, 2011 may not impose requirements and conditions more restrictive than those contained in Section However, a permit process adopted by January 1, 2011, may impose requirements and conditions more restrictive than those contained in Section and may include the requirement that a SWES be allowed in compliance with an approved conditional use permit. Section of Article 2.11 provides that these regulations shall remain in effect only until January 1, 2017, and as of that date are repealed, unless a later statute, enacted before January 1, 2017, deletes or extends that date. The attached draft ordinance (see Attachment C) provides that a SWES may be allowed by a either a Conditional Use Permit or Minor Conditional Use Permit (depending on the zone in which the SWES is proposed to be located) and includes development standards that are more restrictive than those contained in Section Similar ordinances amendments to Article II and III were adopted by the County in 2002 in response to similar assembly bill (AB1207, enacted in 2001) that added Section to the Government Code. AB 1207 and the County ordinance contained a sunset clause providing that if the regulations contained in Section were not extended by the State, the ordinance would be of no further force or effect. The State legislature did not enact legislation extending the regulations, and so, on July 1, 2005, Section became inoperative as of January 1, 2005 and was repealed as of January 1, Similarly the amendments to Article II and III adopted in 2002 were also repealed. 5.0 PROJECT DESCRIPTION In compliance with Article 2.11 of the Government Code, the attached amendment is proposed in order to implement a permit process to allow for the development of SWES on lots a minimum of one acre in size located outside of urbanized areas, provided the system primarily serves the property that it is located on. The amendment would primarily add new regulations to Article 35.5, Oil and Gas, Wind Energy and Cogeneration Facilities, of the County Land Use and Development Code regarding permitted areas, processing requirements, development standards, notice, and application requirements. Similar to the 2002 amendments the amendment also includes a sunset clause whereby these regulations will be repealed as of January 1, 2017, unless Article 2.11 of the Government Code is extended by the State prior to that date. The proposed amendment also makes minor language and format revisions to the existing regulations regarding wind energy facilities so that they are more consistent with the balance of the County LUDC. 5.1 Ordinance summary.

3 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 3 The following provides a summary of the different sections of proposed ordinance (see Attachment C). The language of the proposed amendment is modeled on the standards within Article 2.11 and the amendments adopted by the County in However, in some instances, which are noted below, the language of the proposed amendment is different than the language of Article 2.11 and/or the amendments adopted by the County in 2002 in order to ensure greater compatibility of the SWES with the surrounding area. SECTION 1 (page 1 of Exhibit 1 of Attachment C). This language is proposed to be added to the County LUCD to allow the height of a SWES to exceed the standard height limits that apply to a structure depending on its zone and location. The proposed ordinance provides that this added language will be repealed if Article 2.11 of the Government Code is not extended by the State prior to January 1, SECTION 2 (page 7 of Exhibit 1 of Attachment C). Section of the County LUDC is proposed to be revised to provide the permit and processing requirements for SWES. Subsection A - Allowed Uses and Permit Requirements for Small Wind Energy Systems This section includes a new Table 5-4 (Allowed Uses and Permit Requirements for Small Wind Energy Systems) identifies the types of wind energy conversion facilities that are allowed, the zones in which they are allowed, and determines the required types of permits. The draft ordinance proposes that SWES be allowed by a Conditional Use Permit (County Planning Commission jurisdiction) in residential zones and by a Minor Conditional Use Permit (Zoning Administrator Jurisdiction) in nonresidential zone categories. This is consistent with the permit requirements added to Articles II and III in Consistent with the provisions of Article 2.11 of the Government Code, only zones containing lots at least one acre in size located outside of urbanized areas included in Table 5-4. Subsection B - Application Submittal Requirements The following items are required to be submitted with an application for a SWES in addition to those items commonly required for a Conditional Use Permit (and Development Plan and Coastal Development Permit if required). In certain instances (see Section A.5) the item is only required if deemed to be necessary by the Director based on site-specific considerations including proximity to inhabited areas and public use areas. These submittal requirements are consistent with the submittal requirements provided in Article 2.11 of the Government Code and the submittal requirements added to Articles II and III in 2002 except where noted. The ordinance also provides that these requirements may be modified by the Director based on sitespecific considerations including proximity to inhabited areas and public use areas (e.g., the project is proposed to be located on a 100 acre lot in an area that cannot be seen from adjacent lots). 1. A site plan that includes: a. The height of structures and trees within 300 feet of the proposed wind turbines. b. The location of existing and proposed structures within 500 feet of the turbine(s), including a description of their use and floor area. 2. Elevations of the components of the proposed wind energy conversion system. 3. The maximum rated power output and maximum blade rotation rate of proposed wind turbines. 4. The intended use of the generated power. Note: Proposed submittal requirements 1 through 4 currently apply to applications for either

4 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 4 land use permit or conditional use permits for wind energy conversion systems that may be currently allowed in the County outside of the Montecito Community Plan Area. They are not reflected in either Article 2.11 or the 2002 ordinance. 5. A visual analysis of the proposed system as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from one or more strategic vantage points. (a) The analysis shall include an analysis of the zone of potential shadow flicker in relation to the project site s property lines and residences located on lots adjacent to the project site. (b) The analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. Note: The language of Subsection 5. does not appear in Article 2.11; however, except for Subsection 5.a, it was included as a submittal requirement in the 2002 ordinance. Subsection 5.a is proposed to be added based on experience gained during the processing of permits for other wind energy facilities. 6. A noise analysis, including documentation of the db(a) level and characteristics of the noise generated by the wind turbine over the range of wind speeds between turbine cut-in and cut-out speeds, and including a noise level contour map showing worst case modeling of noise levels at the project site s property lines and residences located on lots adjacent to the project site. Note: The language of Subsection 6 does not appear in Article 2.11 and the submittal requirement regarding noise in the 2002 ordinance only required that evidence be submitted showing that the proposed system will not exceed the noise levels established for noise-sensitive uses by the Noise Element of the Santa Barbara County Comprehensive Plan, or 60 decibels (dba), whichever is less, as measured at the closest neighboring inhabited dwelling. The language of Subsection 6 is proposed to be added based on experience gained during the processing of permits for other wind energy facilities. 7. Documentation of: a. Any overspeed protection devices. b. The maximum noise levels generated by the wind turbine, if available. 8. A description of the measures taken to minimize adverse noise, transmission interference, and visual and safety impacts to adjacent land uses including but not limited to overspeed protection devices and methods to prevent public access to the structure. Note: Proposed Subsections 7 and 8 currently apply to applications for conditional use permits for wind energy conversion systems that may be allowed in the County outside of the Montecito Community Plan Area. They are not reflected in either Article 2.11 or the 2002 ordinance. 9. Written evidence that: a. The proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system. b. The electricity utility service provider that serves the proposed site has 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, the applicant shall include a statement to that effect in the application.

5 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page Standard drawings and an engineering analysis of the system's tower and foundation, showing compliance with the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by California. 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 (Uniform Building Code wind exposure D), 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, and other relevant information normally required by the Department. Note: Subsection 10. is consistent with Article 2.11 and the language of the 2002 ordinance except that this submittal requirement also provides that the standard drawings and engineering analysis include the tower s foundation in addition to the tower itself. 11. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. 12. Sufficient information demonstrating that the system will be used primarily to reduce onsite consumption of electricity, including a complete listing of onsite electrical demands. Subsection C - Development Plan required This subsection specifies when an application for a Development Plan must be filed; if a Development Plan is required it would be processed concurrently with the application for the Conditional Use Permit. Subsection D - Coastal Development Permit required This subsection specifies that if the SWES is located in the Coastal Zone that an application for a Coastal Development Permit is required to be submitted and processed concurrently with the application for the Conditional Use Permit and/or Development Plan unless the Coastal Commission issues the Coastal Development Permit because the project is located either within the retained permit jurisdiction of the Coastal Commission (Public Resources Code Section 30519(b)), or in areas where the County s Local Coastal Program has not been certified by the Coastal Commission. Subsection E - Notice This subsection includes the noticing requirements for SWES. 1. Notice of an application for a small wind energy system shall be provided in compliance with Chapter (Noticing and Public Hearings) and shall, at a minimum, provide notice to owners and residents of property located within a 300 foot radius of the lot on which the system is proposed to be located. 2. If deemed necessary by the Director due to circumstances specific to the proposed installation, notice shall also be provided by placing a display advertisement of at least oneeighth page in at least one newspaper of general circulation within Santa Barbara County. Examples of such circumstances include when the system would be significantly visible from public viewing areas, or where the standard notice requirement would not provide notice to nearby residential areas that might be adversely impacted by the system. 3. If a county receives an application to install a small wind energy system on a site that is within 1,000 feet of a military installation, within special use airspace, or beneath a lowlevel flight path as defined by Section of the Public Resources Code, then the county shall promptly comply with Section If the governing authority of any military installation, special use airspace, or low-level flight path provides written comments regarding that application, the county shall consider those comments before acting on the

6 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 6 application. 4. If a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the county shall take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify pest control aircraft pilots registered to operate in the county pursuant to Section of the Food and Agricultural Code. Note: Subsection E. is consistent with Article 2.11 and the language of the 2002 ordinance except that under Subsection E.1., residents are also required to be noticed. This is similar to the notice requirements for telecommunication facilities that requires notice be provided to both owners and residents. Subsection F - Development Standards for Small Wind Energy Systems This section of the amendment includes the following areas where SWES may not be permitted and development standards that help ensure that permitted SWES are compatible with the surrounding area. 1. Instances where a SWES may not be permitted. Subsection F.1 lists those instances where a SWES may not be located due to other property restrictions and regulations. These are consistent with the language provided in Article 2.11 of the Government Code and the language added to Articles II and III in a. The Local Coastal Program and any implementing regulations. b. The California Coastal Commission, pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code). c. The Santa Barbara County Airport Land Use Plan and any implementing regulations adopted by the Santa Barbara County Airport Land Use Commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code. d. The Alquist-Priolo Earthquake Fault Zoning Act, Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code. e. Any regulation adopted by the Santa Barbara County Board of Supervisors to protect the scenic appearance of the scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code. f. The terms of a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of the Civil Code. g. The terms of an open-space easement entered into pursuant to the Open-space Easement Act of 1974, Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5 of the Government Code. h. The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act, Division 10.2 (commencing with Section 10200) of the Public Resources Code. i. The terms of a contract entered into pursuant to the Williamson Act, Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code. j. The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section of the Public Resources Code.

7 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 7 2. Development standards. Paragraph B lists development standards that apply to SWES in addition to the development standards of a specific zone (e.g., setback, lot coverage). These development standards are consistent with the development standards provided in Article 2.11 of the Government Code and the development standards added to Articles II and III in 2002 except where noted. a. Minimum lot size. A system shall be located on a lot a minimum of one acre in size. b. Number allowed per lot and primary purpose. (1) Only one Small Wind Energy System tower per lot shall be allowed; however, if the lot is located within the Rural Area as shown on the Comprehensive Plan maps then additional Small Wind Energy System may be allowed if necessary to serve separate structures. (2) The system shall be used primarily to reduce the onsite consumption of electricity. Note: The 2002 ordinance limited SWES to one per lot. Article 2.11 does provide that the system shall be used primarily to reduce the onsite consumption of electricity but does not specify that only one SWES per lot may be allowed; the proposed lot would allow more than one SWES if the lot is located in the Rural Area as designated on the Comprehensive Plan maps and the SWES would serve separate structures. c. Tower height. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. (1) Tower heights may be allowed as follows: (a) Up to 65 feet or less on lots less than five acres. (b) Up to 80 feet or less on lots of five or more acres. (2) The allowed height shall be reduced if necessary to comply with the following: (a) Section (Airport Approach Overlay). (b) Section (View Corridor Overlay). (c) All applicable Federal Aviation 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. Note: Article 2.11 allows tower height of not more than 80 feet on lots between one and five acres, and tower heights of not more than 100 feet on lots above five acres. The proposed 65 foot and 80 foot limits reflect the language of the 2002 ordinance. (a) and (b) of (2) are proposed in order to be consistent with the height limits of structures located in the View Corridor and Airport Approach overlays. d. Setbacks. The location of the base of the tower shall be in compliance with the following provided that the location also complies with any applicable fire setback requirements pursuant to Section 4290 of the Public Resources Code: a. The base of the tower shall be setback from all property lines a minimum distance equal to the system height.

8 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 8 b. The base of the tower shall be setback from all power lines, public roads and other public areas a minimum distance equal to one and one-half time the system height c. The base of the tower shall be located no closer than 10 feet to any other structure. Note: Article 2.11 specifies that the minimum setbacks for the system tower shall be no farther from the property line than the system height (tower plus turbine including blade length) unless a greater setback is required to comply with applicable fire setback requirements set forth in Section 4290 of the Public Resources Code. The requirement that the tower base be located no closer than 10 feet to any other structure reflects the language of the 2002 ordinance. The requirement that the tower be setback 1.5 times the system height is added based on experience gained during the processing of permits for other wind energy facilities. e. Noise levels. The following standards may be modified by the review authority based on site specific characteristics including proximity to inhabited areas and public use areas. (1) Noise levels generated by Small Wind Energy Systems shall not exceed the noise levels established for noise-sensitive uses by the Noise Element of the Santa Barbara County Comprehensive Plan, or 60 decibels (dba), whichever is less, as measured at or beyond the project site s property lines, and at residences located on lots adjacent to the project site, except during short-term events such as utility outages and severe wind storms. (2) The wind turbine noise characteristics shall not include noticeable tonality to minimize potential annoyance on adjacent lots. (3) The turbines shall be properly maintained throughout operations to ensure these standards continue to be met. Note: Subsection e(1). reflects the language of Article 2.11 and the language of the 2002 ordinance except that the 2002 ordinance provided that the noise level was measured at the closest neighboring inhabited dwelling instead of lot line. Subsections e(2) and e(3) are added based on experience gained during the processing of permits for other wind energy facilities. f. View protection. (1) The system's tower and blades shall be finished in a non-reflective, unobtrusive color, and incorporate non-reflective surfaces, in order to blend the system and its components into the surrounding landscape, and to minimize any visual disruption, to the maximum extent feasible. Note: This language does not appear in Article 2.11; however, it was included as a development standard in the 2002 ordinance (worded somewhat differently). (2) The system shall not substantially obstruct views of adjacent property owners and shall be located to minimize potential shadow flicker on adjacent properties. Note: Except for the requirement to minimize potential shadow flicker on adjacent properties, this language is included in Article 2.11; however, it did not appear as a development standard in the 2002 ordinance. The language regarding shadow flicker is proposed to be added based on experience gained during the processing of permits

9 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 9 for other wind energy facilities. (3) When visible from any County or State designated scenic highway corridor, the system: (a) Shall be placed or constructed below any major ridgeline. (b) Shall not cause a significant adverse visual impact to a scenic vista as viewed from any County or State designated scenic highway corridor. Note: The language of (3)(a) in included in both Article 2.11 and the 2002 ordinance. The language of (3)(b) is not included in Article 2.11; however, it was included as a development standard in the 2002 ordinance. (4) The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible a small wind energy system: (a) Shall not project above the top of ridgelines. (b) If visible from public viewing areas, shall use natural landforms and existing vegetation for screening. (c) Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas. Note: The language of (4) is not included in Article 2.11; however, it was included as a development standard in the 2002 ordinance. (5) Exterior lighting on any structure associated with the system shall not be allowed except for: (a) (b) Lighting that is specifically required by the Federal Aviation Administration. Lighting that is specifically required by the review authority because the system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes. Note: Subsection (5) reflects the language of Article 2.11 and the language of the 2002 ordinance except that the 2002 ordinance did not include the language of Subsection (5)(b). (6) All onsite electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the review authority if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors. Note: This language does not appear in Article 2.11; however, it was included as a development standard in the 2002 ordinance. g. System Manufacture. The system shall use a wind turbine that has been approved by the Energy Commission as qualifying under its Emerging Renewables Program pursuant to Section of the Public Resources Code or has been certified by a national program recognized and approved by the Energy Commission. h. Electromagnetic interference. The system shall be operated such that no disruptive

10 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 10 electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system. Note: This language does not appear in Article 2.11; however, it was included as a development standard in the 2002 ordinance. i. Signage. (1) At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. (2) No advertising, brand names, logos or signs shall be affixed to, or placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower s manufacturer s logo may be displayed on a system generator housing in an unobtrusive manner. Note: This language is consistent with the development standard in the 2002 ordinance. The draft ordinance proposes to use this language instead of similar language in Article 2.11 (shown below): No sign shall be attached to the system if visible from a public road, except for signs that identify the manufacturer, installer, or owner of the system, or public health and safety signs applicable to the installed system, but the signs shall neither be larger than four square feet, unless approved by the county, nor located at the base of the system within 10 feet of the ground surface. j. Safety. (1) Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access: (a) No climbing apparatus attached to the system shall be located less than 12 feet above the ground and the system shall be designed to prevent climbing within the first 12 feet. Note: This reflects the language in Article 2.11; the 2002 ordinance contained similar language except that it specified 15 feet above the ground instead of 12 feet. (b) A locked anti-climb device installed on the tower. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance. (c) A locked, protective fence at least six feet in height that encloses the tower. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance. (2) Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance.

11 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 11 (3) To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a 250 foot radius. The review authority may modify this standard when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance. (4) All Small Wind Energy System tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Building Code and National Electric Code. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance. (5) All Small Wind Energy Systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacture. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance. (6) The system shall comply with all applicable Federal Aviation Administration 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). A system that complies with this subdivision shall be deemed to meet the applicable health and safety requirements regarding civil aviation. Note: This reflects the language of Article 2.11 and the 2002 ordinance except that the last sentence was not included in the 2002 ordinance. k. Access. Construction of onsite access roadways shall be minimized. Temporary access roads utilized for initial installation shall be re-graded and re-vegetated to the pre-existing natural condition after completion of installation. Note: This language does not appear in Article 2.11 however it was included as a development standard in the 2002 ordinance. Subsection G - Project abandonment This section includes requirements for abandonment of a SWES and site restoration. Article 2.11 of the Government Code allows the County to impose, as a condition of approval, a requirement that a small wind energy system be removed if it remains inoperable for 12 consecutive months and at that time the small wind energy system shall be subject to nuisance codes and code enforcement action. This section was not included in the language added to Articles II and III in A conditional use permit normally becomes void if the use allowed by the conditional use permit is discontinued for 12 consecutive months; however, this time may be extended by the Montecito Planning Commission for a 12 month period one time for good cause shown. Subsection B is included in this proposed ordinance to allow for the same time extension if appropriate. 1. If the use of a Small Wind Energy System remains inoperable for a period of 12 consecutive months, the facility shall be considered abandoned and shall be removed.

12 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page The review authority responsible for reviewing and making a decision on the application for the Small Wind Energy System in compliance with Table 8-1 (Review Authority) may extend this 12 month period one time for good cause shown, provided a written request, including a statement of reasons for the time extension, is filed with the Department prior to the expiration of the 12 month period. 3. The facility shall be removed and the site shall be restored to its natural state unless the landowner requests that the facility remain and obtains the necessary permits. The landowner shall remove all structures, equipment, and associated improvements, and restore the site to its natural preconstruction state within 90 days of the date that the facility is considered abandoned. 4. If the facility is not removed by the landowner and the site returned to its original condition within the specified time period, the lot shall be considered to be in violation of this Development Code and the County may pursue all available remedies to abate the violation in compliance with Chapter (Enforcement and Penalties). 5. Compliance with these requirements may be imposed as a condition of approval of the permit(s) authorizing the construction of the Small Wind Energy System. Subsection H - Repeal Consistent with the provisions of Article 2.11, revised Subsection is proposed to only remain in effect only until January 1, 2017, and is repealed as of that date, unless a statute enacted by the State of California before January 1, 2017 extends the provisions of Article SECTION 3 (page 14 of Exhibit 1 of Attachment C). This language is proposed to be added to the County LUCD to provide definitions of specific terms associated with SWES. These definitions are consistent with the definitions provided in Article 2.11 of the Government Code and the definitions added to Articles II and III in 2002 except where noted. Small wind energy system. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than 50 kilowatts per customer site, consistent with the requirements of paragraph (3) of subdivision (b) of Section of the Public Resources Code, and that will be used primarily to reduce onsite consumption of utility power. Additionally, the following terms and phrases are defined for the purposes of Chapter (Wind Energy Conversions Systems). Note: The former definition did not include maximum number of kilowatts and instead referenced 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. 1. Energy Commission. The State Energy Resources Conservation and Development Commission. Note: This definition is included in Article 2.11 but was not in the previous amendment. 2. Onsite. The premises upon which the small wind energy system and its associated structure(s) are located and the location upon which the generated electrical power is primarily used. 3. Primarily. Greater than 50 percent. 4. System height. The higher of either the height of the tower and the system measured to the top of the blade at the highest point of the system extended above the existing grade when being operated. 5. Tower. The support structure, including guyed, monopole and lattice types, upon which a wind turbine or other mechanical device is mounted as part of a small wind energy system.

13 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page Tower height. The height above grade of the fixed portion of the tower, excluding the wind turbine. 7. Urbanized area. As defined in paragraph (2) of subdivision (d) of Government Code Section Design review requirement. Although not explicitly stated in the proposed ordinance, since a SWES qualifies as a structure it would be subject to review by the applicable Board of Architectural Review when appropriate (e.g, it is located in zone that requires design review, it is subject to the Ridgeline/Hillside Development Guidelines). 5.3 State reporting requirements. Article 2.11 requires that on or before January 1, 2016, the State Energy Resources Conservation and Development Commission shall submit to the Assembly Committee on Local Government, the Senate Committee on Local Government, and the Assembly Committee on Utilities and Commerce a report that contains all of the following: The number of ordinances adopted on or after January 1, 2011, by counties pursuant to Section The number of applications to install SWES received by those counties on or after January 1, The number of applications to install SWES approved by those counties on or after January 1, The tower heights, system heights, parcel sizes, and generating capacities of the SWES approved by those counties on or after January 1, Any recommendations to the Legislature by the State Energy Resources Conservation and Development Commission for the continuation, modification, or termination of this article. Therefore, the Planning and Development Department will need to track the number of applications received and approved for SWES including the characteristics of the system. 6.0 ENVIRONMENTAL REVIEW Staff proposes that your Commission find these ordinance amendments exempt from the California Environmental Quality Act pursuant to Section of the State Guidelines for Implementation of CEQA. This section applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The proposed regulations implement Article 2.11 of the Government Code that allows local jurisdictions to adopt a permit process to allow the development of SWES. Article 2.11 further provides that if a local jurisdiction does not adopt such a permit process by January 1, 2011, then an application for the installation of a small wind energy system submitted between January 1, 2011, and the subsequent date of adoption of a the permit process, shall be approved through a ministerial permit by the county provided the system complies with the requirements and conditions of subdivision (b) of Section of Article Additionally, any permit process adopted by the County after January 1, 2011 may not impose requirements and conditions more restrictive than those contained in Section 65896, and the development standards contained in subdivision (b) of Section that must be utilized if the County fails to adopt a permit process prior to January 1, However, a permit process adopted by January 1, 2011, may impose requirements and conditions more restrictive than those contained in Section and may include the requirement that a SWES be allowed in

14 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 14 compliance with an approved conditional use permit. The proposed amendments also require that SWES may only be permitted pursuant to a Conditional Use Permit or Minor Conditional Use Permit which is a discretionary application that is subject to review under the California Environmental Quality Act and allows the review authority to exercise discretion in deciding whether to approve, conditionally approve, or deny the Conditional Use Permit or Minor Conditional Use Permit application. Additionally, to approve a Conditional Use Permit or Minor Conditional Use Permit application findings must be made regarding the mitigation of environmental impacts, the lack of a detrimental impact on the surrounding area, and, if located in a rural area, that the project is compatible and subordinate to scenic and rural character of the area. Environmental review for SWES as part of the conditional use permit process will be conducted on a case-by-case basis such that the adoption of the proposed ordinance language will not create any significant environmental impacts. Therefore, it is proposed that the County Planning Commission accept Attachment B, a determination that CEQA Guidelines Section applies to the proposed amendment. 7.0 POLICY CONSISTENCY The primary issue that potentially will arise in the review of proposed SWES relates to the potential for impacts to aesthetics and public views, and noise impacts on adjacent properties. The adopted Comprehensive Plan, Coastal Land Use Plan, and the applicable Community Plan all contain goals and policies that require projects to be designed as located so at to minimize the potential for aesthetic impacts. The proposed amendment also contains several development standards regarding the siting and construction of systems in order to minimize any visual impacts. These standards include, for example, painting the tower and equipment to blend with the surrounding landscape, locating the tower so that it does not project above visually prominent ridgelines, using natural landforms and vegetation to screen the system, and limiting lighting to that which is specifically required by the Federal Aviation Administration. The development standards also require that noise levels generated by SWES shall not exceed the noise levels established for noise-sensitive uses by the Noise Element of the Santa Barbara County Comprehensive Plan, or 60 decibels (dba), whichever is less, as measured at or beyond the project site s property lines, and at residences located on lots adjacent to the project site, except during shortterm events such as utility outages and severe wind storms. The proposed amendments require a discretionary conditional use permit and project specific environmental review for each proposed SWES. As part of this process, a policy consistency analysis will be performed during the review of the application, and projects will not be approved unless they are determined to be consistent with applicable policies, and the findings required for approval can be made. Therefore, this amendment may be found consistent with the adopted Comprehensive Plan, the Local Coastal Program, and the applicable Community Plan. 8.0 ORDINANCE COMPLIANCE The proposed ordinance is consistent with the remaining portions of the County LUDC that are not revised by this ordinance. SECTION 1 of the ordinance includes language that allows the height of the SWES to exceed the height limit of the otherwise applicable limit (e.g., 35 feet in residential zones).

15 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page PROCEDURES The County Planning Commission may recommend approval, approval with revisions, or denial of the proposed ordinance to the Board of Supervisors APPEALS PROCEDURE Ordinance amendments are automatically forwarded to the Board of Supervisors for final action, therefore no appeal is required ATTACHMENTS A. Findings B. CEQA Notice of Exemption C. Resolution and Proposed Ordinance D. Article 2.11 of the Government Code

16 Case No. 10ORD Small Wind Energy Systems Ordinance Amendment Page 16

17 ATTACHMENT A: FINDINGS CASE NO. 10ORD CEQA FINDINGS 1.1 CEQA Guidelines Exemption Findings The County Planning Commission finds that the proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines for Implementation of CEQA Section 15308, Actions by regulatory agencies for protection of the environment. Please see Attachment B, CEQA Notice of Exemption. 2.0 ADMINISTRATIVE FINDINGS. In compliance with Section (Findings Required for Approval of Amendment) of the Santa Barbara County Land Use and Development Code (County LUDC), the following findings shall be made by the County Planning Commission in order to recommend approval of a text amendment to the County LUDC, and the Board of Supervisors shall adopt the following findings in order to approve a text amendment to the County LUDC: 2.1 The request is in the interests of the general community welfare. The proposed ordinance amendment is in the interest of the general community welfare since the amendment will implement the requirements of Article 2.11 (Wind Energy) of Chapter 4 of Division 1 of Title 7 of the Government Code (Section et seq.) regarding Small Wind Energy Systems (SWES) without compromising community values, environmental quality, or the public health and safety. The proposed amendments include: a) A permit process that requires discretionary review and analysis under the California Environmental Quality Act for individual applications. b) Development standards that give the review authority the ability to regulate the siting of such facilities in order to ensure that approved SWES are developed in a manner that is compatible with the surrounding vicinity by minimizing potential adverse impacts related to aesthetics and noise. 2.2 The request is consistent with the Comprehensive Plan, the requirements of State planning and zoning laws, and the County Land Use and Development Code. If the Amendment involves an Amendment to the Local Coastal Program, then the request shall also be found to be consistent with the Coastal Land Use Plan. The proposed ordinance amendment provides that SWES may be approved through a discretionary process that is subject to the requirements of the California Environmental Quality Act. As part of this discretionary process the, in order to approve a SWES, the review authority must find that the proposed development is consistent with the policies and development standards of the Comprehensive Plan including applicable Community Plans and the Coastal Land Use Plan, the requirements of State planning and zoning laws, and the County LUDC. These revisions will not result in any inconsistencies with the adopted policies and development standards of the Comprehensive Plan including applicable Community Plans and the Coastal Land Use Plan. The proposed ordinance amendment is also consistent with the remaining portions of the County LUDC that would not be revised by this amendment. Therefore, this amendment may be found consistent with the Comprehensive Plan including applicable Community Plans and the Coastal Land Use Plan, the requirements of State Planning and Zoning Laws, and the County LUDC. 2.3 The request is consistent with good zoning and planning practices.