HomeMy WebLinkAbout09-010 PC Resolution
PC RESOLUTION NO. 09-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 OF THE TEMECULA
MUNICIPAL CODE TO ESTABLISH CITYWIDE
STANDARDS FOR SMALL WIND ENERGY CONVERSION
SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE
CITY OF TEMECULA" (LONG RANGE PLANNING
PROJECT NO. LR09-0007)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 6, 2009 the Planning Commission identified a need to amend the
adopted Municipal Code to add standards to the Temecula Municipal Code to allow
small wind energy conversion systems (Long Range Planning Project No. LR09-0007).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the proposed
Ordinance and environmental review on May 6, 2009, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing on May 6, 2009, and after
due consideration of the testimony and discussion of the Commission, the Commission
recommended continuing the item to address concerns cited by the Commission.
E. The Planning Commission, at a regular meeting, reconsidered the
application and environmental review on May 20, 2009, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
F. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Long
Range Planning Project No. LR09-007 subject to and based upon the findings set forth
hereunder.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending the
City Council adopt an Ordinance, hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other Ordinances of the
City;
The proposed Small Wind Energy Conversion System Ordinance conforms to the
City of Temecula General Plan in that the criteria for establishing the need for
standards to allow small wind energy conversion systems within the City of
Temecula is identified in Policy 2.1 and Policy 2.2 of the General Plan Noise
Element, Policy 2.5 of the General Plan Community Design Element, Policy 4.3,
Policy 5.1, and Policy 9.1 of the General Plan Open Space/Conservation
Element, Policy 5.1 and Policy 8.3 of the General Plan Land Use Element, and
Policy 9.3 of the General Plan Growth Management/Public Facilities Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
The proposed Small Wind Energy Conversion Systems Ordinance has been
designed to be internally consistent with the Municipal Code and the
Development Code.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 09- (Ordinance
regulating Small Wind Energy Conversion Systems) is subject to the requirements of
the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California
Code of Regulations. City staff prepared an Initial Study of the potential environmental
effects of the approval of the proposed Municipal Code amendment as described in the
Initial Study. Based upon the findings contained in that Study, City staff determined that
there was no substantial evidence that the Project could have a significant effect on the
environment and a Negative Declaration was prepared. The Planning Commission,
therefore, recommends that the City Council of the City of Temecula adopt a Negative
Declaration for the proposed Ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Long Range Planning Project No.
LR09-0007, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto,
and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 20th day of May 2009.
S anley Harter, Chairman
ATTEST:
,0,04
Patrick Richardson, Secretary
[SEAL],. ? r f
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STATE OrGALIFORKA )
COUNT~;Y~QF'RIV_~IDE )ss
CITY OF~TEMECUX )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-10 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 20th day of May 2009, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Guerriero
ABSTAIN: 0 PLANNING COMMISSIONERS: None
/JZ-
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CC ORDINANCE
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE TO ESTABLISH
CITYWIDE STANDARDS FOR SMALL WIND ENERGY
CONVERSION SYSTEMS IN VARIOUS ZONING
DISTRICTS WITHIN THE CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. The Planning Commission of the City of Temecula held a duly noticed
public hearing on May 6, 2009 and May 20, 2009 to consider the proposed changes to
the Temecula Municipal Code, at which time the City staff and interested persons had
an opportunity to, and did testify either in support or opposition to this matter.
B. At the conclusion of the Commission hearing on May 6, 2009, and after
due consideration of the testimony and discussion of the Commission, the Commission
recommended continuing the item to address concerns cited by the Commission.
C. The Planning Commission, at a regular meeting, reconsidered the
application and environmental review on May 20, 2009, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
B. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 09-_, recommending that the City Council
approve an amendment to Title 17 of the Temecula Municipal Code to allow for small
wind energy conversion systems.
Section 2. Environmental Findings. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
this Ordinance:
A. Pursuant to the California Environmental Quality Act (CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
proposed Municipal Code amendment as described in the Initial Study. Based upon the
findings contained in that Study, City staff determined that there was no substantial
evidence that the Project could have a significant effect on the environment and a
Negative Declaration was prepared.
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B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on March 24, 2009 and expired on April 13, 2009. Copies
of the documents have been available for public review and inspection at the offices of
the Department of Community Development, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration prior to and at the , 2009 public
hearing, and based on the whole record before it, finds that: (1) the Negative
Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and (3) the
Negative Declaration reflects the independent judgment and analysis of the City
Council.
D. Based on the findings set forth in this Resolution, the City Council hereby
adopts the Negative Declaration prepared for the Project. The Director of Planning is
authorized and directed to file a Notice of Determination in accordance with CEQA.
Section 3. Section 17.05.020.B is hereby amended to read as follows:
"When Required. Administrative review is permitted for applications for minor
exceptions, temporary uses, secondary dwelling units, small wind energy conversion
systems, and for minor modifications to approved development plans and conditional
use permits that were previously approved pursuant to Chapter 17.05."
Section 4. Table 17.06.030 is hereby amended by adding the following:
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L-2 LM M H
Non-Residential
Small Wind Energy Conversion Systems 6 P P P P P P P P
Notes:
6. Subject to the supplemental development standards contained in Chapter 17.10.
Section 5. Table 17.08.030 is hereby amended by adding the following:
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Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
S
Small Wind Energy Conversion Systems' P P C P P P P
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10.
Section 6. Table 17.12.030 is herby amended by adding the following:
Table 17.12.030
Schedule of Permitted Uses - Public/institutional Districts
Description of Use Public/institutional District PI
S
Small Wind Energy Conversion Systemz P
Notes:
2. Subject to the supplemental development standards contained in Chapter 17.10.
Section 7. Table 17.14.030 is herby amended by adding the following:
Table 17.14.030
Schedule of Permitted Uses - Open S ace
Schedule of Uses PR OS OS-C
Small Wind Energy Conversion Systemsz C C
Notes:
2. Subject to the supplemental development standards contained in Chapter 17.10.
Section 8. Subsection 17.10.020.R entitled Small Wind Energy Conversion
System is herby added to Chapter 17.10 of the Temecula Municipal Code to read as
follows:
"R. Small Wind Energy Conversion System
1. Definition. Small wind energy conversion systems means a wind energy
conversion system consisting of a wind turbine, tower, blades, associated
controls and conversion electronics, which has a rated output capacity that
does not exceed 30 kilowatts, and which will be used to reduce on-site
consumption of utility provided power.
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2. Use. A small wind energy conversion system shall be used exclusively to
supply electrical power for on-site consumption. When a parcel on which
a small wind energy conversion system is installed also receives electrical
power supplied by a utility company, excess electrical power generated by
the small wind energy conversion system may be used by the utility
company in exchange for a reduction in the cost of electrical power
supplied, as long as no net revenue is produced by such excess electrical
power.
3. Approval. Small wind energy conversion systems shall be reviewed as
follows:
a. Small wind energy conversion systems within the Hillside
Residential (HR), Rural Residential (RR), Very Low Density
Residential (VL), Low Density Residential (L-1), and Low Density
Residential (L-2) Zoning Districts shall require an Administrative
Development Plan application, and may be approved
administratively by staff, pursuant to Section 17.05.010 of the
Temecula Municipal Code.
If during the application review period, staff receives written
opposition from one of the noticed property owners, the project may
be referred to the Director of Planning or the Planning Commission
for consideration.
b. Small wind energy conversion systems within the Low Medium
Density Residential (LM), Medium Density Residential (M), High
Density Residential (H), Community Commercial (CC),
Neighborhood Commercial (NC), Service Commercial (SC),
Professional Office (PO), Business Park (BP), Light Industrial (LI),
and Public Institutional (PI), shall require an Administrative
Development Plan application, and shall require a public hearing
pursuant to Section 17.05.010 of the Temecula Municipal Code.
C. Small wind energy conversion systems within the Highway Tourist
Commercial (HT), Parks and Recreation (PR), and Open Space
(OS) zoning districts, shall require a Conditional Use Permit and
shall be reviewed by the Planning Commission, pursuant to Section
17.04.010 of the Temecula Municipal Code.
4. Application Requirements. All applications for small wind energy
conversion system shall require a building permit in accordance with the
requirements of the Building and Safety Department, and shall require the
following information:
a. A site plan in accordance with the requirements outlined in the
application for small wind energy conversion system.
b. Drawings to scale and an engineering analysis of the entire system,
including, but not limited to, the turbine, blades, tower, or mounting
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system, footings, and guy wires, shall be in compliance with the
Uniform Building Code (UBC), and shall be certified by a California-
licensed professional mechanical, structural, or civil engineer. The
analysis shall demonstrate that the system is designed to meet the
most stringent wind requirements (UBC wind exposure D), the
requirements for the worst seismic class (UBC Seismic 4), and the
weakest soil class, with soil strength of not more than one thousand
pounds per square foot.
C. A line drawing of the electrical components connecting to the
turbine in sufficient detail to allow for a determination that the
manner of installation conforms to the 2007 California Electric
Code.
d. Information demonstrating that the system will be used primarily to
reduce on-site consumption of electricity.
e. Documentation that the provider of electric utility service to the site
has been informed of the applicant's intent to install an
interconnected customer-owned electricity generator, unless the
applicant intends, and so states in the application, that system will
not be connected to the electricity grid.
f. Documentation that the proposed height of the wind turbine tower
does not exceed the height recommended by the manufacturer or
distributor of the system.
g. Documentation that noise generated by the small wind energy
conversion systems does not exceed noise levels at property lines
as specified in this ordinance.
h. Manufacturers' specifications including: type, size, rated power
output, rotor material, performance, safety, and noise
characteristics.
i. Documentation that the proposed system has a manufacturers'
warranty with at least five (5) years remaining from the date the
application is filed.
j. Documentation that the proposed system has a record of as least
one (1) year of reliable operation at a site with average wind
speeds of at least ten miles per hour.
k. Information that the system complies with all applicable Federal
Aviation Administration (FAA) 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 I [commencing with Section 21001]
of Division 9 of the Public Utilities Code). If it is determined that a
proposed small wind energy conversion system located in an area
that poses a potential interference to the French Valley Airport, the
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applicant may be required to provide the distance from the closest
point of the runway, the latitude and longitude, and the maximum
elevation above mean sea level of the proposed small wind energy
conversion system. If it is determined that the FAA should be
notified, the applicant shall electronically file Form 7460-1 "Notice of
Proposed Construction or Alteration" with the FAA Obstruction
Evaluation Service (oeaaa.faa.gov). No building permit shall be
granted for a small wind energy conversion system until the FAA
has issued a determination of "No Hazard to Air Navigation" for the
project.
1. Letter from the Homeowner's Association indicating installation of a
small wind energy conversion system is allowed pursuant to the
HOA rules and regulations. The applicant is advised to verify that a
small wind energy conversion system is allowed pursuant to the
CC&Rs.
M. A radius package from a title insurance company indicating all the
property owners' names and the mailing addresses for properties
located within a 300-foot radius of the exterior of the lot boundaries.
5. Standards. All small wind energy conversion systems are subject to the
following requirements.
a. Prohibited Locations. A small wind energy conversion system
shall not be located:
I. In a manner which obstructs the view from the public or of
neighboring properties from a scenic viewshed as identified
by the Community Design Element of the City of Temecula
General Plan.
ii. Within a conservation easement established in compliance
with Civil Code Section 815, et seq. and following, that does
not specifically authorize wind energy conversion systems.
iii. Within an open space easement established in compliance
with Government Code Section 51070, et seq. and following,
that does not specifically authorize wind energy conversion
systems.
iv. Within a scenic highway corridor designated pursuant to
Article 2.5 (commencing with Section 260) of Chapter 2 of
Division I of the Streets and Highways Code.
V. Within or over a utility, drainage, or other established
easement.
vi. Within riverine/riparian habitat or other sensitive habitat
areas as defined by the Western Riverside County Multi-
Species Habitat Conservation Plan.
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vii. Within twenty-five (25) feet of the canopy of a protected tree
as defined by the Temecula Heritage Tree Ordinance.
viii. On a slope equal to or greater than twenty (20) percent.
ix. In an area where FAA regulations would require a beacon,
including but not limited to hazard beacons and strobe lights.
X. Within 300 feet of the western escarpment ridgeline.
Protected buffer for the western Escarpment Ridgeline
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b. Site and Architectural Compatibility. Small wind energy
conversion systems shall be designed and sited to minimize visual
impacts to the surrounding area.
i. Small wind energy conversion systems within the L-1, L-2,
LM, M, H, NC, CC, HT zoning districts shall be designed to
be compatible and to scale of the site and surrounding area.
The system shall not be freestanding, but shall be attached
to the primary structure, second dwelling unit, or garage.
ii. Small wind energy conversion systems within the HR, RR,
VL, SC, PO, BP, Ll, PI, OS and PR zoning districts shall be
designed to be compatible and to scale of the site and
surrounding area. The system may be freestanding or
attached to the primary structure, second dwelling unit or
garage.
iii. The finished surfaces of small wind energy conversion
systems shall be muted and visually compatible to blend with
the surrounding area.
C. Quantity. Small wind energy conversion systems are limited to
one (1) per lot.
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d. Setback requirements. A small wind energy conversion system,
including guy wires and anchors, shall be set back from adjoining
property lines, provided that it also complies with any applicable fire
setback requirements and maximum noise levels as follows:
i. For attached small wind energy conversion systems, the
minimum setback from the side and rear yards is five (5)
feet.
ii. For freestanding small wind energy conversion systems
within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR
zoning districts, the minimum setback from the side and rear
yards, including guy wires and anchors is twenty-five (25)
feet. If a freestanding small wind energy conversion system
is located on a property that is adjacent to a residential
dwelling, then the setback shall be equal to at least the
height of the proposed small wind energy conversion
system.
iii. Small wind energy conversion systems shall be set back
from above ground communication or electrical lines in
accordance with the requirements of the communication or
utility provider.
e. Height limit. The maximum height of a small wind energy
conversion system shall be as follows:
i. All small wind energy conversion systems shall not exceed
the manufacturers' height recommendations and shall
comply with all FAA requirements.
ii. For small wind energy conversion systems within the L-1, L-
2, LM, M, H, NC, and CC zoning districts, the maximum
height shall not exceed the maximum building height of the
zoning district in which the system is located.
iii. For small wind energy conversion systems within the HT,
SC, PO, BP, LI, PI, OS and PR zoning districts, the
maximum height shall not exceed sixty (60) feet.
iv. For small wind energy conversion systems within the HR,
RR, and VL zoning districts, the maximum height shall not
exceed eighty (80) feet
f. Turbine. The turbine technology proposed for the system shall be
approved by a recognized standards-setting body for utility
interactive power systems, such as the International Electronic and
Electrical Engineers (IEEE 1547), or the Underwriters Laboratories
Inc. (UL 1741).
g. Noise. Except during short-term events including utility outages
and severe wind storms, a small wind energy conversion system
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shall be designed, installed, and operated so that under normal
operating conditions, noise generated by the system does not
exceed the following:
i. For small wind energy conversion systems proposed for
within or adjacent to residential zoning districts, the
maximum noise levels shall not exceed sixty (60) dBA at the
property line.
ii. For all other zoning districts, the maximum noise levels shall
not exceed the outdoor noise levels at the property line as
required by the City of Temecula General Plan.
h. Speed/Brake Controls. A small wind energy conversion system
shall be equipped with automatic speed controls to limit rotation
speed to within the design limits of the system. Additionally, a
small wind energy conversion system shall be equipped with a
braking system that will allow the system to be shut-down in case of
an emergency.
i. Access and Safety.
i. All small wind energy conversion systems shall be designed
such that access is controlled to minimize inadvertent human
contact and injury from all moving parts and electrical
components of a system.
ii. All climbing apparatus must be located at least fifteen (15)
feet above the ground, and the tower shall be designed to
prevent climbing within the first fifteen (15) feet.
j. Signs. For tower mounted systems, only one (1) sign, limited to
eighteen (18) inches in length and one (1) foot in height, shall be
posted no higher than six feet from the base of the tower, and shall
include a notice of no trespassing, and warning of high voltage.
k. Lighting. No illumination of the tower or turbine shall be allowed.
1. Maintenance. A small wind energy conversion system shall be
maintained in an operational condition that poses no potential
safety hazards."
Section 9. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that any one or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
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Section 10. Notice of Adoption. The City Clerk of the City of Temecula shall
certify to the passage and adoption of this Ordinance and shall cause the same or a
summary thereof to be published and posted in the manner required by law.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. - was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
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