Loading...
HomeMy WebLinkAboutPC Resolution 09-20 - (TA small wind energy sys)RESOLUTION P.C. 09-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW SMALL WIND ENERGY SYSTEMS UNDER A CONDITIONAL USE PERMIT AND TO EXEMPT SMALL WIND ENERGY SYSTEMS FROM MUNICIPAL CODE HEIGHT LIMITS The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. The Planning Commission held duly noticed public hearings on August 19 and September 16, 2008, March 17, 2009 and July 21, 2009 to consider amending the Municipal Code regarding regulations for small wind energy systems, including requirements for a conditional use permit and height exceedances (TEXT 08-3). SECTION 2. The Planning Commission of the City of Hermosa Beach hereby finds the proposed amendment is consistent with the General Plan and zoning code, and contains sufficient safeguards to ensure the amendment is compatible with the City including setbacks and clearances, maintenance and other design parameters for safety, location of equipment, heights and lighting for aesthetics and compatibility, noise standards for compatibility, and the use permit process allows site specific impacts to be controlled. SECTION 3. The Planning Commission concurs with the Staff Environmental Review Committee's recommendation of June 11, 2009, based on the Environmental Assessment/Initial Study, that this project fully mitigates and will result in a less than significant impact on the environment for the reasons stated in the Negative Declaration and Initial Study, a Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The Department of Fish and Game has been requested to make a "No Effect Determination" that the project will not impact fish or wildlife or the habitat on which it depends. The Planning Commission hereby recommends City Council adopt the Negative Declaration. SECTION 4. The Planning Commission hereby recommends City Council approval of the following amendments to the Hermosa Beach Municipal Code: I. Section 17.46.010 of the Hermosa Beach Municipal Code shall be amended to read as follows: 17.46.010 Height of roof structures. A. Commercial and Manufacturing Zones. The following elements may be constructed above the height limit, provided they do not exceed the height limit by more than eight feet and cover no more than five percent of the total roof area. Where the height of the element is governed by a uniform building code standard, the element may exceed the height limit only by the minimum amount necessary to comply with the uniform building code standards. 1. Elevator housing; B. 2. Stairways; G 3. Tanks; D-. 4. Ventilating fans; 5. Parapet fire walls; 6. Towers; Ft: 7. Chimneys; H-. 8. Flues; L 9. Vents; J. 10. Smokestacks; K-. 11. Wireless masts; and 12. Similar structures as determined by the planning commission_; NE) s4uettffe exeeeding the height lifnit shall result in additional floof area. B_Residential Zones. Residential uses may have chimneys, vents and flues exceed the height limit only to the extent required to meet the uniform building code requirements. C_No structure exceeding the height limit under this Section 17.46.010 shall result in additional floor area. DFor the height standards for antennas, satellite dishes, and similar structures refer to Section 17.46.210. E_For the development standards for solar energy systems refer to Section 17.46.220. F_For the height standards for single -pole umbrellas refer to Section 17.46.230. G. For the development standards for small wind energy systems refer to Section 17.40.200. II. Section 17.40,200 "Small Wind Energy Systems" shall be added to the Hermosa Beach Municipal Code to read as follows: 17.40.200 Small Wind Energy Systems. A. Purpose. Small wind energy ystems shall be constructed and installed in conformance with the requirements of this section in order to promote the use of small wind energy systems in accordance with State law while protecting the public health and safety. B. Applicability. Small wind energy systems shall be regulated as accessory structures as defined in this Title, and are allowed in all zones subject to approval of a Conditional Use Permit pursuant to Chapter 17.40. C. Definitions. As used in this chapter: "Ancillary quipment" means any accessory part or device of a small wind energy system that does not require direct access to wind flows such as batteries controls electric meters or ACIDC converters excluding the turbine, tower, nacelle and tail vane. "Guy wires" means wires or cables stabilizing and securing the SWES to the Around. "Height" means the vertical distance of the SWES measured from finished grade to the top of the SWES including the blades extended in a vertical position. "Height, tower" means the height above finished grade of the fixed portion of the tower, excluding the wind turbine. "Nacelle" means housing for all of the generating components such as the gearbox and drive train, in a propeller -type wind turbine. "Off -grid applications" means a SWES that is not connected to the public utility grid. "On -grid applications means a SWES that is connected to the public utility grid, where Mower excess to the customer's demand flows to the utility wid. "Silhouette" means a temporary structure approximating the building envelope of a proposed SWES jypically using colored flags marking the location height and bulk of the proposed system when the system is in motion. "Site" means one or more contiguous lots or parcels under the same ownership or management, regardless whether separated by ys, streets or roads. "Small Wind Energy System SWES)" means a wind energy system, consisting of a wind turbine, tower and ancillary equipment, that will be used primarily to reduce consumption of utility_power on the site. The SWES must be approved under a state program or any other small wind certification program recognized by the American Wind Energy Association. "Tail Vane" means guiding or stabilizing fin usually mounted on the nacelle, used to turn the blades into the wind stream. "Tower" means the vertical component of a SWES that elevates the attached nacelle, tail vane and turbine above the ground. "Turbine" means the rotor, blades cage or other component of a SWES that captures the wind's enemy. A Application Requirements. 1. Applications shall comply with the following requirements, in addition to all other requirements of this division and law: a. The application shall include drawings and an engineering analysis of the system's tower showing compliance with the California Building Code certified by a qualified professional licensed by the state of California. b. The application shall include information demonstrating that the system will be used primarily to reduce onsite consumption of electricity. c. Where an on -grid system is proposed the application shall include evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer -owned electricity generator. d. The application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system. e. The applicant shall erect a silhouette of the proposed SWES unless said requirement is waived by the planning director due to limited height,mass and low probability of visual impacts in the particular case. f. The application shall include any additional information required by the community development director necessary to make all the determinations required by this section. To the extent required by law, the Community Development Department shall at least thirty- five (35) days prior the public hearing on the conditional use permit submit a notice of proposed construction or alteration of the SWES to the Federal Aviation Administration pursuant to Title 14 of the Federal Aviation Regulations Part 77, commencing with Section 77.13 Construction or Alteration Requiring Notice Caltrans Division of Aeronautics and/or to any other applicable or affected agency or entity. E. Development Standards. The following minimum requirements and standards shall apply to SWES, in addition to any others conditions deemed necessary or appropriate to ensure compatibilfty with existing or future uses in the vicinily or to protect the public health, safety or welfare: 1. System type and location. a The SWES shall comply with the definition of Small Wind Enemy System in subsection A of this section. b More than one (11) SWES may be located on the same site if all requirements of this section and applicable laws are met. c Where feasible ancillary SWES equipment shall be located inside a building or screened from public view in a manner compatible with site elements. 2. Height. a. The SWES may exceed the applicable height limit of this division to the minimum extent necessary for its safe and efficient operation in accordance with the California Building Code and any other applicable provisions of law subject to the following limitations. An SWES shall not exceed two (2) times the maximum building height of the zoning district in which it is located except that the height may be increased one (1) foot for each additional foot that the setback of the zoning district is increased but not more than three (3) times the maximum building heir b. The SWES shall not constitute an obstruction or hazard to air navigation and shall comply with all applicable requirements of the Federal Aviation Administration including the Federal Aviation Regulations (including Part 77 of Title 14 of the Code of Federal Regulations) the State Aeronautics Act Part 1 commencing with Section 21001 of Division 9 of the California Public Utilities Code), and any other applicable law. 3. Setbacks and clearances. a. Yards setbacks. The SWES shall be considered an accessory structure and shall comply with the setbacks gpplicable to the zone in which the SWES is located, provided that a greater setback may be required to reduce impacts to adjacent parcels. b. Clearance to property line. No portion of a blade when fully perational shall extend within twenty (20) feet of the finished grade or within ten (10) feet of a property line unless the Planning_ Commission finds that a reduced clearance will not adversely affect any person, property or improvement in the vicinity, or conflict with the zone in which the properly is located. e Clearance to structures. A minimum clearance of six (6) feet shall be maintained between any tower and any structure tree utility line or similar object, unless the planning commission finds that a reduced clearance will not adversely affect any person, proper or improvement in the vicinity. d Fire clearance The SWES shall not inhibit or interfere with emergency vehicle access, fire escapes exits or standpipes as determined by the fire department. e Ladders Evert/ SWES shall be designed to so that no ladder or other means of climbing a tower is located within twelve (12) feet of the ground or accessible space. The planning commission may require a fence with a minimum height of five (5) feet when necessary to prevent the climbing of ladders provided that the use of barbed wire or other similar materials is not permitted. f Guy wires Any guy wires utilized to support a tower shall be located within the property lines and shall not be attached to cross or affect any above -ground utility lines. 4. Other safety and design requirements. a Over -speed controls The SWES shall be equipped with manual and automatic over -speed protection controls so that blade rotation speed does not exceed the system's design limits. b Automatic shut-off. An on -grid SWES shall be designed to shut off within forty-eight 48) hours from the time the on -grid connection is lost and/or the batteries are fully charged. C. On grid systems All on -grid SWES shall be approved by the applicable utility rip prior to installation. d Undergrounding electrical facilities. Electrical Poles wires and the items in Chapter 13.08 required to convey power generated by a SWES to the public utility grid shall be installed underground when required by Chapter 13.08. e. Noise. The SWES shall comply with the requirements of Chapter 8.24, provided that noise generated by the SWES shall not exceed sixty (60) decibels (dBA), or any stricter standard ,applicable to the use set forth in the Municipal Code or General Plan Noise Element, as measured from the closest residential dwelling or similar sensitive receptor, except during short-term events such as utility outages and severe wind storms. f. Signs. i. One 1 sign not exceeding eighteen (18) inches in length and one (1) foot in height shall be posted at the base of a tower or generator, including a notice of no trespassing, a warning of high voltage or electrical shock, and the property owner's telephone number or phone number of another individual designated by the property owner as responsible for operation and maintenance of the SWES, in addition to any other signs required by law. ii. The SWES shall not bear any signs or advertising devices other than certifications, public safe _ warnings, or other seals or signage required bylaw. g. Lighting. No lighting shall be placed upon, attached to, or in any illuminate a SWES unless required by law. Anrequired lighting shall be designed and located to reduce impacts to properties in the vicinity to the maximum extent allowed by law as determined by the community development director. 5. Maintenance and removal. a. The SWES shall at all times be operated and maintained in accordance with manufacturer's requirements the requirements of this section, the conditional use permit, and all gMlicable laws. In no case shall the condition or operation of the SWES pose noise, safety or other adverse effects to the site or person or properties in the vicinity. b. The community development director may require the SWES to be removed from the property if the director determines that the SWES has been inoperable, or has ceased to gperate for twelve (12) consecutive months or more. The Cily may pursue all available means to abate the SWES and recoup all costs to the City if not voluntarily removed by the properly owner. VOTE: AYES: Allen, Darcy, Hoffman, Perrotti, Pizer NOES: Nonr ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 09-20 is a true and complete record of the action taken by the Planning Commission of he City of Hermosa Beach, California, at heir regular meeting of July 21, 2009. Ron Pizer, Chairman n Ro errson, Secretary July 21, 2009 Date