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HomeMy WebLinkAbout1472 - ORDINANCES - 5/4/1994 ORDINANCE NO. 1472 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9404 . 00H (CONDITIONAL USE PERMITS) OF THE ZONING ORDINANCE IN REGARD TO WIND ENERGY CONVERSION SYSTEMS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 9402 . 00H. of the Zoning Ordinance is amended with the addition of the following: 118 . Commercial Wind Energy Conversion Systems (WECS) a. Purpose. A. Conditional Use Permit for a Commercial Wind Energy Conversion System (WECS) is intended to regulate and provide for the installation of commercial WECS which are made feasible by the strong prevailing winds within certain areas of the City designated by the General Plan. The conditions of the permit are meant to ensure that a safe and beneficial environment, for both the WECS development and the adjacent. properties, is provided. b. Applicability. Commercial WECS or WECS arrays, and all other uses !' fisted in subsection c. below, are permitted in the following zone classifications provided the General Plan designates the lot within the Wind Energy Overlay and a Conditional Use Permit is granted pursuant to this Section: (1) Watercourse Zone (W) (2) Open Land Zone (0-5) (3) Energy Industrial Zone (E-I) (4) Manufacturing Zone (M-2) C. Uses Permitted with a Conditional Use Permit (1) Commercial WECS and WECS arrays with no limit as to rated power output (2) Meteorological towers under 200 feet high (3) Accessory uses. Parcels may be used for accessory uses provided such uses are established on the same parcel of 'Land, are incidental., or supplemental , to a permitted use, and do not substantially alter the character of any permitted use. Accessory uses include, but are not limited to: (a) Storage of trucks and other vehicles. (b) Storage of materials, inventory, tools and machinery. (c) Offices and maintenance shop structures . (d) Caretaker dwellings provided no compensation is received for the use of any such dwelling and the size of such dwelling is no greater than 2000 sq. ft. (e) Overhead and underground transmission and communications lines and facilities, including transformers, substations, ' 15 01472 Page 2 control rooms, switching facilities and microwave towers. (f) Structures necessary for the conservation and development of water resources, such as dams, pipelines and pumping facilities, and aquaculture. (g) Cogeneration facilities . (h) Solar collectors and photovoltaic panels. (i) Energy storage facilities . d. Application. Every application for a Conditional Use Permit shall be made in writing to the Planning Commission on the forms provided by the Department of Planning & Zoning and shall be accompanied by the filing fee set forth by City Council resolution. Applications shall be reviewed by the Planning Commission for conformance with this section. The application shall include the following information: (1) Name and address of the applicant . (2) Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application. (3) A plot plan and development plan drawn in sufficient detail to clearly describe the following: (a) Physical dimensions of the property (b) Location and physical dimensions of existing and proposed structures (c) Location of electrical lines and facilities (d) Existing topography (e) Proposed grading and removal of natural vegetation (f) Wind characteristics and dominant wind direction at the site. Dominant wind direction is the direction from which 50 percent or more of the energy contained in the wind flows . (g) Setbacks (h) Circulation (i) Ingress and egress (j ) Utilization of the property under the requested permit (4) Utility interconnection data and a copy of written notification to the utility of the proposed interconnection. (5) A photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed perspective drawings showing the site fully-developed with all proposed WECS and accessory structures . (F, ) Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of each model of WECS. (7) Specific information on the type, height, material and safety of each model of tower. Ord 1472 Page 3 (8) A site preparation and installation schedule. (9) A geotechnical report. (10) A vicinity map or aerial photograph describing the :Location, including distances from existing and proposed WECS, of all residences and other structures which are within one (1) mile of any property proposed for WECS installation. (11) Drawings which show phase spacings, configurations and grounding practices of any proposed electrical distribution lines . (12) An application including any WECS which is located within 20, 000 feet of the runway of any Airport shall be accompanied by a copy of written notification to the! Federal Aviation Administration. (13) If the application includes any WEICS which requires the approval of a height limit greater than that allowed in Section 8 . e. (1) (a) , a Variance application, pursuant to Section 9406 . 00 of the Zoning Ordinance, shall be filed concurrently. (14) An application including any WECS with a rated power output of 100kW or larger which is located within a State-designated Alquist- Priolo Act: Special Study Zone shall be accompanied by a detailed fault hazard report prepared by a California registered geologist which shall address the potential for rotor tower failure calculated for the vertical and horizontal accelerations reasonably expected on the site in the event of a design earthquake. (15) An application including any WECS which is located within two (2) miles of any .microwave communications link shall tie accompanied by a copy of a written notification to the operator of the link or evidence that no WECS are located in the microwave path. (16) An application including any WECS which is located within a 100-year floodplain area, as such flood hazard areas are shown on the Zoning Map, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and such report (s) shall. propose mitigation measures for such imparts to the extent that such impacts are caused by the proposed WECS . (17) Such additional information as shall be reasonably required by the Director of Planning & Zoning. e. Standards & Development Criteria. (1) Height limits (a) No commercial WECS shall exceed. 200 feet in height, measured at the top of the blade in the twelve o' clock position. Where unusual conditions warrant:, a lower Ord 1472 Page 4 height limit may be imposed as a condition of a Conditional Use Permit. (b) No other building or structure shall exceed 30 feet in height, except for meteorological towers permitted by Section 8 . c. (2) . (2) Setbacks . All commercial WECS shall meet these general setback requirements as well as the other setbacks set forth below. (a) No building or structure shall be located closer than 50 feet from any lot line. (b) No WECS shall be located closer than 1200 feet from any residence, hotel, hospital, school, library or convalescent home unless the owner of such structure waives, in writing, the setback requirement. (c) Notwithstanding the 1200' setback requirement specified above, a lesser setback may be permitted where due to factors of topography or the characteristics of the proposed WECS project, the approving entity finds that the noise, aesthetic or other environmental impacts of the project on adjacent properties will not be any more significant than if the 1200' setback were applied. In the case of the replacement of WECS, pursuant to subsection f (3) , the standard for determining whether a reduction shall be approved is whether the replacement WECS will have a substantially reduced cumulative impact on surrounding property, as compared to the existing project, and whether adhering to the 1200' setback will be an unreasonable economic hardship to the applicant. Wherever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices, and, if granted, the WECS permit shall specifically state the required setback. (3) Safety Setbacks (a) No commercial WECS shall be located where the center of the tower is within a distance of 1 .25 times the total WECS height from any above-ground electrical transmission line of more than 12kV. (b) No commercial WECS shall be located where the center of the tower is within a distance of 1.25 times the total WECS height from any public highway or road, railroad or off-site building. The setback ' herein specified shall be measured from the boundary of the public right-of-way or railroad right-of-way. (c) No commercial WECS shall be located where the center of the tower is within a distance of 1.25 times the total WECS Ord 1472 Page 5 height from any lot line. No commercial WECS shall be located where the center of the tower is within a distance; of 200 feet from any lot line of a lot which contains a dwelling. (d) Notwithstanding the provisions of subsections b & c above, the setbacks therein specified may be reduced to less than 1.25 times the total WECS height if the Planning Commission determines that the topography of, or other conditions related to, the adjacent property or right-of-way eliminates or substantially reduces reduces the potential. safety hazards . Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the Conditional Use Permit, and, if granted, the Conditional Use Permit shall specifically state the required setback. (4) Wind Access Setbacks (a) No commercial WECS shall be located where the center of the tower is within a distance of five (5) rotor diameters from a. lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction. (b) Notwithstanding the provisions of subsection a, above, such setbacks from lot lines do not apply if the application .is accompanied by a legally enforceable agreement or waiver for a period of 25 years or the life of the permit that the adjacent landowner agrees to the elimination of the setback, or if the Planning Commission determines that the characteristics of the downwind. property eliminate the ability to develop said downwind property with commercial WECS . (5) Scenic Setbacks (a) No commercial WECS shall be located where the center of the tower is within 1315 feet ('A, mile) of State Highway 62 and of that portion of Interstate 10 between State Highway 62 and the Whitewater River, commonly known as the Whitewater Grade. (b) No commercial WECS shall be located where the center of the tower is within 500 feet of Indian Canyon Drive/Indian .Avenue . (c) No commercial WECS shall be located where the center of the tower is within 500 feet of Interstate 10, except as specified in subsection (a) above. (d) No commercial WECS shall be located where the center of the tower is within 3472 feet (2/3 mile) of State Highway Ill. I Ord 1472 Page 6 (e) No commercial WECS shall be permitted south of State Highway 111. (f) No commercial WECS shall be located where the center of the tower is within 1.25 times the total WECS height from Dillon Road. (g) The setbacks specified in the subsections above shall be measured from the nearest boundary of the public right-of-way. (h) Notwithstanding the provisions of the subsections above, the setbacks therein specified may be reduced if the Planning Commission determines that the characteristics of the surrounding property eliminate or substantially reduce considerations of scenic value. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback. (6) Safety & Security (a) Fencing, or other appropriate measures, shall be required to prevent unauthorized access to the WECS or WECS array. (b) Guy wires shall be distinctly marked. (c) Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and at reasonable intervals on fences or barriers. (d) Horizontal-axis WECS . The lowest extension of the rotor of a horizontal- axis WECS shall be at least 25 feet from the ground. (e) Vertical-axis WECS. A fence or other barrier shall be erected around a vertical-axis WECS whose rotors are less than 15 feet from the ground. (7) Seismic Safety (a) All WECS shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project. (b) Control facilities for commercial WECS or WECS arrays shall not be located within 660 feet of any fault within a state- designated Alquist-Priolo Act Special Studies Zone. (8) Fire Protection. Upon recommendation of the City Fire Department, commercial WECS and WECS arrays may include fire control and prevention Ord 1472 Page 7 measures including, but not limited to, the following: (a) fireproof or fire-resistant building materials (b) buffers of fire-retardant landscaping (c) an automatic fire-extinguishing system (d) fire breaks (9) Interconnection & ElectriLcal Distribution Facilities . Interconnection shall conform to procedures and standards established by the California. Public Utilities Commission. (10) Unsafe & IrsOoerable WECS . (a) Whenever any existing commercial. WECS are modified, or any new commercial WECS are installed, any commercial WECS on the site which are unsafe, inoperable, or abandoned or for which the permit has expired shall be removed by the owner or brought into compliance with the provisions of this section. All safety hazards created by the installation and operation of the WECS shall be eliminated. Whenever the operation of any WECS is eliminated, the site shall be restored to its condition prior to installation. A bond, in an amount approved by the Director of Planning & Zoning, or other appropriate form of security, in a form approved by the City Attorney, may be required to cover the cost of removal and site restoration. (b) Every unsafe or inoperable commercial WECS and every commercial WECS which has riot generated power for 12 consecutive months is hereby declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal . The appropriate abatement method shall be determined by the Director of Planning & Zoning based upon the cost of abatement and the degree to which the 19ECS will meet the requirements of this; section following abatement . A commercial WECS which has not generated power for 12 consecutive months shall not be considered a public nuisance provided the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and that a good faith effort is being made to return the WECS to service at the earliest practical date . If a commercial WECS does not deliver power as a result of a curtailment whereby power is not accepted by the contracted utility, the period of curtailment shall be added to the minimum period defined above. (11) Interference with Navigational Systems . No commercial WECS shall be installed which do not comply with Federal Aviation Administration regulations for siting structures near an airport or VORTAC installation. r7 Ord 1472 Page II or (12) Site Disruption. Prior to the issuance of building permits for a commercial WECS development, all areas where significant site disruption is proposed shall be temporarily marked off. All construction activities shall be limited to the areas marked off. (13) Certification (a) The foundation, tower and compatibility of the tower with the rotor and rotor- related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the City. (b) The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with appropriate provisions of the National Electrical Code that have been adopted by the City. (c) The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms with good engineering practices. (14) Noise. A commercial WECS or WECS array shall not be operated inconsistent with the provisions of Chapter 11. 74 . (Noise Ordinance) . (15) Electrical Distribution Lines (a) To the extent economically prudent, as determined by the Planning Commission, electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on-site substation. (b) Any electrical distribution line of less than 34kV, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one (1) mile of State Highways 62 and 111, or within one mile of the portion of Interstate 10 commonly known as the Whitewater Grade (between State Highway 62 and the Whitewater River) shall be installed underground if such installation is feasible, as determined by the Director of Planning & Zoning. (c) Electrical distribution lines shall be governed by the latest edition of ' Suggested Practices for Raptor Protection on Powerlines' on file with the Bureau of Land Management . Use of this information should be made to design the proposed facilities with proper grounding, phase spacing and configuration such that it will prevent, Ord 1472 Page 9 to the best of the design engineer' s ability, the electrocution of raptors . The use of designs other than those included in ' Suggested Practices' that are, in the opinion of the Director of Planning & Zoning, raptor safe, shall be permitted in public rights-of-way. The cost for review of SUCK alternate designs shall. be at the applicant' s expense . (16) Monitoring (a) Upon :reasonable notice, and subject to the applicant' s safety and security procedures, City officials or their designated representatives may enter a lot on which a Conditional Use Permit has been granted for the purpose of monitoring noise and other environmental impacts. Twenty-four hours advance notice shall be deemed reasonable notice. (b) The holder of a Conditional Use Permit shall report to the City Department of Planning & Zoning all. dead birds found within 500 feet of a WECS and all sightings of the Coachella Valley Fringe- Toed Lizard on the WECS site. (c) The holder of a Conditional Use Permit may be required to submit periodic monitoring reports containing data on the operations and environmental impacts. (d) A toll-free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions . (17) Time-Related Conditions . Where no operating data for the proposed turbines is available, the granting of a Conditional Use Permit may be conditioned upon the installation and operation of one or more WECS for a period not to exceed six months in order to demonstrate performance characteristics of the WECS . If such a monitoring condition .is imposed, the permit shall specify the standards which must be met in order to continue development . If a standard is not being met at the expiration of the required monitoring period, the applicant and the City may agree to an extension. The time within which the pezTait must be used shall be extended for the period of required monitoring. (18) Development Impacts. A one-time or periodic fee and a requirement to provide public works or services may be imposed as a condition of a Conditional Use Permit. Such exactions must be related to the public need created by the wind energy development . The purposes for which the permit exaction may be used. include, but are not limited to, providing roads required by the wind development and establishing and operating a monitoring system. Ord 1472 t. 1 1.10 0 Page 10 (19) Signs . No advertising sign or logo shall be placed or painted on any commercial WECS . Unless otherwise approved by the Planning Commission, the conditional use permit may permit the placement of no more than one (1) project identification sign relating to the development on the project site, but no such sign shall exceed 50 square feet in surface area or eight (8) feet in height . (20) Color & Finish of WECS . All commercial WECS shall be either light environmental colors (such as off-white, gray, beige or tan) or darker fully-saturated colors (such as dark blue or green, maroon or rust red) or galvanized. All commercial WECS shall have a matte or galvanized finish unless the Director of Planning determines that such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish. (21) Contingent Approval . A commercial WECS may be granted subject to necessary approvals from the Federal Aviation Administration or other approving authorities. (22) General Conditions. The City may impose conditions on the granting of a Conditional Use Permit in order to achieve the purposes of this ordinance and the General Plan and to protect the health, safety or general welfare of the community. (23) Notification. Upon approval of a Conditional Use Permit, the City shall provide written notice to the California Public Utilities Commission, the California Energy Commission and the concerned utility. f. Use of Permit (1) Any Conditional Use Permit that is granted shall be used within two (2) years from the effective date thereof, or within such additional time as may be set in the conditions or approval, which shall not exceed a total of five (5) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five (5) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit . An extension of time may be granted by the Commission upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five (5) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion. (2) Life of Permit . A Conditional Use Permit shall be valid for the useful life of the WECS included in the permit. The life of the Ord 1472 Page 11 permit shall be determined at the time of approval and shall not exceed 30 years . (3) Replacement_ (a) individual commercial WECS which have been installed pursuant to a Conditional Use, or other WECS, Permit may be replaced with approval of a Land Use Permit, provided the replacement WECS meets the standards of subsection 8 .e . above. Such determination shall be made by the Director of Planning & Zoning according to Section 9402 . 01 (Land Use Permits) . (b) WECS arrays which have been installed pursuant to a Conditional Use, or other WECS, Permit may be replaced with approval of a Land Use Permit provided two (2) or more individual WECS shall be removed for each replacement WECS installed and the resultant array meets the standards of subsection 8 .e. above. Such determination shall be made by the Director of Planning & Zoning according to Section 9402 . 01 (Land Use Permits) . (c) WECS replacements riot meeting the criteria above require approval of a subsequent Conditional Use Permit. (d) Any WECS on which the cost of alteration, restoration, repair or rebuilding in a 12-month period exceeds 756 of the replacement cost and shall be subject to subsections (a) - (c) above. (e) Existing WECS, upon adoption of this section, shall be considered to hold a valid Conditional Use Permit under the conditions by which such WECS was originally approved; such WECS shall not be considered nonconforming by 'virtue of the provisions of this section. " SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 4th day of. May 199.4. AYES : Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES : None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City' Clerk ���/ ))Mayor ' REVIEWED & APPROVED: i V" 'k) r i HEREBY CERTIFY that the foregoing 6rdinance 1472 was duly adopted by the City CouncT—Iof th- City of Palm Springs, California, in a meeting held on the 4th day of May, 1994 and that same was published in the DESERT SUN on Apil 26 9.. May 9, 1994.�/, JUDITH SUPIICH