§ 24-157. Alternative energy structures.

A.

Location and Permit Process, Solar and Wind Energy Systems. Solar and Wind Energy Systems are permitted in accordance with Article II (Zoning Districts, Land Uses, and Development Standards) under four (4) different Utility land use types depending on their size and application: Utility, Minor; Utility, Accessory; Utility, Intermediate; and Utility, Major. Table 24-157-1 provides a summary of Solar Energy and Wind Energy Systems.

TABLE 24-157-1 SOLAR ENERGY AND WIND ENERGY SYSTEMS
Category	Solar Energy Systems	Wind Energy Systems
Solar Energy Systems Allowed in Agriculture Zones
Utility, Minor	Tier 1, Roof-mount/ground up to ½ acre	Rooftop/Micro
Utility, Accessory	Tier 2, < 15 percent of parcel size up to 5 acres, whichever is less	Agricultural
Solar Energy Systems Only Allowed on Grazing Land [1] in Agriculture Zones [2]
Utility, Intermediate	Tier 3, < 30 percent of parcel size up to 20 acres, whichever is less	Small
Utility, Major	Tier 4, Ground-mounted system for power generation	Large

 

[1]

Grazing Land or "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, and as shown under General Plan Agriculture Element, Figure AG-1.

[2]

Only allowed on parcels not subject to a Williamson Act Contract, or if the landowner has rescinded the Williamson Act Contract and entered into a solar-use easement pursuant to State law for marginally productive or physically impaired farmland.

B.

Definitions, Solar Energy Systems.

1.

Tier 1. A roof-mounted Solar Electric System used to power on-site primary or accessory uses located on structures or placed over parking lots or a ground mounted Solar Electric System up to one-half (½) acre in size. Tier 1 includes building-integrated photovoltaic systems where the Solar Electric System is part of the building materials used in the construction of on-site primary or accessory structures.

2.

Tier 2. A ground-mounted Solar Electric System used to power on-site primary or accessory uses, limited to less than fifteen (15) percent of the parcel's size up to five (5) acres, whichever is less, with less than fifty (50) percent of the power generated being used off-site.

3.

Tier 3. A ground-mounted Solar Energy System, limited in Agriculture zones to "Grazing Land" and "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, not subject to a Williamson Act Contract, and limited to less than thirty (30) percent of a parcel's size up to twenty (20) acres maximum with fifty (50) percent or more of the power generated for on-site primary and accessory uses, with the remainder of the power delivered off-site.

4.

Tier 4. A ground-mounted Solar Energy System limited in Agriculture zones to "Grazing Land" and "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, and not subject to a Williamson Act Contract, where most or all power generated is delivered off-site with little or no on-site use.

C.

Standards, Solar Energy Systems. Solar Energy Systems are subject to the following additional standards:

1.

Photovoltaic panel systems shall meet all applicable performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the Public Utilities Commission regarding safety and reliability.

2.

Ground-mounted photovoltaic panel systems shall be required to meet all setback areas of the applicable zone.

3.

Height, Parcel Size and Setback for ground-mounted photovoltaic panel systems shall be in accordance with Table 24-157-2, except where a minor use permit has been approved allowing different standards.

TABLE 24-157-2 GROUND-MOUNTED PHOTOVOLTAIC PANEL SYSTEMS, HEIGHT, PARCEL SIZE AND SETBACK STANDARDS[1]
Parcel Size	Maximum Height	Setback
< 2 acres	8 feet	As required by zone
2—10 acres	10 feet	As required by zone + 10 additional feet in or adjacent to Residential Zones
> 10 acres	15 feet	As required by zone + 15 additional feet in or adjacent to Residential Zones

 

Notes:

[1]

These standards do not apply to solar canopies as defined under Section 24-157 C.8.

4.

Photovoltaic panel systems attached to the roof of a structure shall not project more than six (6) feet above the maximum elevation of the roof. Projections greater than six (6) feet but no more than twelve (12) feet above the maximum elevation of the roof may be permitted with the approval of a minor use permit.

5.

If the Solar Energy Facility is located on or adjacent to an agricultural zone, the applicant must acknowledge the County's Right to Farm Ordinance and shall be required to record a Right to Farm Notice on their parcel prior to issuance of any Building Permits. This shall be included as a recommended condition of approval of the land use entitlement.

6.

For Solar Energy Facilities in Scenic areas, as designated in the General Plan (Figures COS-7, and COS-9, Conservation and Open Space Element), efforts shall be made by the owner/installer of the Solar Energy Facility, to the maximum extent practicable, to shield the Solar Energy Facility from public view. On-site transmission and power lines shall, to the maximum extent practicable, be placed out of sight or underground.

7.

A Solar Energy Facility, other than a minor utility system, that ceases to produce electricity on a continuous basis for twenty-four (24) months shall be considered abandoned unless the property owner/developer demonstrates by substantial evidence satisfactory to the Development Services Department that there is no intent to abandon the facility. Parcel owners are required to remove all equipment and facilities and restore the site to original condition.

8.

Solar Canopies. A solar canopy is used to provide a structure that supports photovoltaic panels, and as a means to provide shade, cover, and storage for another use, (e.g.. in a Residential zone a solar canopy may be used as a carport, in a Commercial. Industrial, or Special Purpose zone a solar canopy may be used over a parking lot, and in an Agriculture or Natural Resource zone a solar canopy may be used in place of a pole barn, or other covering).

a.

Solar Canopy. Height, Setback, and Development Standards. Solar canopies shall be subject to the same height, setback, and development standards as provided for under Section 24-156 -Accessory Uses and Structures, with the following exceptions:

1.

Setback standards for solar canopies that arc located over parking lots in a Commercial. Industrial, or a Special Purpose Zone that are adjacent to a Residential Zone, shall maintain a 20 ft. setback from the property line adjacent to the residential zone.

2.

Height standards for solar canopies shall be as follows:

i.

Agriculture. Natural Resource, and Industrial zones: 50 ft.

ii.

Commercial and Special Purpose zones: 25 ft.

iii.

Residential zones: 15 ft.

b.

The use of the Solar Canopy shall be identified on the Building Permit Application. Application of building codes and structural requirements will vary depending upon the use of the solar canopy as a carport, parking lot canopy, pole barn, or other specified use.

D.

Definitions, Wind Energy Systems.

1.

Wind Energy System, Auxiliary Rooftop Structure. A roof-mounted wind energy conversion structure that is:

a.

Seven (7) feet or less in diameter,

b.

Projects less than ten (10) feet above the highest point of the roofline on which it is installed,

c.

Produces energy which is used primarily on the parcel on which it is located, or on adjacent parcels in common ownership with the subject parcel, and

d.

Produces less than six (6) decibels of noise above ambient levels, as demonstrated by product specifications to the satisfaction of the Director of Development Services.

2.

Wind Energy System, Micro. A micro wind system is a very small wind system producing less than one (1) kW that is:

a.

Ten (10) feet or less in diameter;

b.

May be installed on a pole, ten (10) feet or more above the highest point on the roof, or other structural supports as allowed by applicable building codes;

c.

Produces energy which is used primarily on the parcel on which it is located, or on adjacent parcels in common ownership with the subject parcel; and

d.

Produces less than six (6) decibels of noise above ambient levels, as demonstrated by product specifications to the satisfaction of the Director of Development Services.

3.

Wind Energy System, Agricultural. Any wind energy conversion system rated fifty (50) kW or less and located in an Agricultural, Rural Residential, Foothill Residential, or Timber Mountain zone, excluding Auxiliary Rooftop Structures.

4.

Wind Energy System, Small. Any wind energy conversion system that is rated thirty (30) kW or less that will be used primarily to reduce on-site consumption of utility power, excluding Auxiliary Rooftop Structures and Micro Wind Energy Systems.

5.

Wind Energy System, Large. Any wind energy conversion system that is larger than fifty (50) kW in an Agricultural, Rural Residential, Foothill Residential, or Timber Mountain zone or larger than thirty (30) kW in other zones.

E.

Standards, Wind Energy Systems. Wind Energy Systems are subject to the following additional standards:

1.

Small, large, and agricultural wind energy systems shall not be permitted on land within the following locations:

a.

City Spheres of Influence, unless permitted by the City.

b.

Airport Land Use Compatibility Zones.

c.

Conservation, open space easements, or agriculture easements which do not allow wind energy systems.

d.

Alquist-Priolo Earthquake Fault Zones.

2.

Wind energy systems shall not be permitted within one thousand (1,000) feet of the following:

a.

A residence, excepting residences on the same parcel and residences owned by the applicant.

b.

The VLDR, VLDCR, LDR, MDR, MHDR, HDR zones.

c.

A property listed on the National Register of Historic Places or the California Register of Historical Resources.

d.

Designated scenic resources.

3.

The following requirements shall apply to Large and Small Wind Energy Systems not located within the Agricultural zone:

a.

Wind energy systems shall be painted a neutral, non-reflective color, except when obstruction marking is required for aviation purposes.

b.

Power lines shall be placed underground when feasible.

c.

Setbacks for all new facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility

d.

Appropriate warning signs, no larger than four (4) square feet, shall be placed on or near wind energy systems. Wind energy systems and related equipment will not be used to advertise or promote any product or service other than the manufacturer's identification up to a size not to exceed thirty-two (32) square feet.

e.

Noise levels resulting from normal operation of wind energy systems shall comply with Section 41A, Noise Control. Applications for wind energy systems shall submit noise specifications and/or noise studies demonstrating consistency with Section 41A. Noise Control.

f.

Wind energy systems shall be placed and oriented to avoid casting a shadow or causing 'flicker' on any off-site structure.

g.

Wind energy systems shall be removed if they remain inoperable for twenty-four (24) consecutive months. After twenty-four (24) months of nonuse, wind energy systems are subject to code enforcement actions.

h.

Wind energy systems shall not be placed on parcels less than one (1) acre in size.

4.

Agricultural wind energy systems and large wind energy systems located within the agricultural zone shall meet the following minimum setbacks and requirements:

a.

Where facilities are located in the Agricultural, Foothill Residential, Rural Residential and Timber Mountain zones and one (1) of the following circumstances apply, the facility shall demonstrate the minimum setback distance required by the zone:

1.

The wind system is adjacent to an existing structure such as a barn, rice dryer, or other facility such that the facility will blend with the surrounding area; or

2.

The adjacent property owner(s) consent in writing to a lesser distance.

b.

Towers shall be obstruction marked and lighted in accordance with recommendations of the U.S. Department of Transportation Federal Aviation Administration's Advisory Circular AC 70/7460-1K. Where feasible, steady burn lighting shall be used in place of flashing or strobe lighting.

5.

Small wind energy systems shall comply with Wind Energy systems-General Requirements as set forth under this chapter, as well as the following:

a.

Small wind energy systems shall be designed and appropriately sized to serve the needs of the use on the site.

b.

The maximum height of any small wind energy system tower shall be:

1.

Sixty (60) feet on parcels less than five (5) acres in size.

2.

Eighty (80) feet on parcels five (5) acres or greater.

3.

"Tower height" means the height above grade of the fixed portion of the tower, excluding the wind turbine/blade.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4132 , § 1(Att. A), 9-12-17)