Issue link: https://www.epageflip.net/i/570022
LEGALNOTICE ORDINANCE NO. 2009 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA ADDING CHAPTERS 17.83 AND 17.84 TO THE TEHAMA COUNTY CODE PERTAINING TO WIND AND SOLAR ENERGY SYSTEMS THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA ORDAINS AS FOLLOWS: SECTION 1. Chapter 17.83 is hereby added to the Tehama County Code to read: 17.83.010. Purpose. This article establishes development and operating standards for Wind Energy Systems to minimize negative impacts on neighbor- ing properties, implement State and Federal law, and ensure the orderly development of a diversity of land uses within the county. 17.83.020. Definitions. All terms used in this chapter shall have the following definitions: (a) Dual purpose wind energy system means a wind energy system designed to provide both on-premises electricity con- sumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a wind power facility. (b) Premises means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "prem- ises" for purposes of this chapter. (c) Small wind energy system means a wind energy system used only to reduce on-premises consumption of utility power. The purpose of a small energy system is to be an accessory use of the property. Small wind energy systems shall not exceed 20 kilo- watts. When a premises on which a small wind energy system is installed also receives electrical power supplied by a utility com- pany, any excess electrical power generated by the small wind en- ergy system, and not then needed for on-premises use, may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-premises use. No net revenue to the owners shall be pro- duced by such excess electrical power generation. (d) Wind energy system means any equipment or facility that converts and then stores or transfers energy from the wind into usable forms of energy, which may consist of but is not limited to a wind turbine, a tower, a mill, and associated controls or conver- sion electronics. (e) Wind power facility means a wind energy system whose primary function is the provision of electricity to the electrical dis- tribution system or transmission grid. Any wind energy system that is not a small wind energy system or a dual purpose wind en- ergy system shall be considered a wind power facility for purpos- es of this chapter. 17.83.030. Uses Permitted. Notwithstanding any other provisions of this title, wind energy systems are allowed only on properties that are at least 10 acres in size in the following zone districts, subject to the following con- ditions: Zoning Districts P = PERMITTED USE, C = PERMITTED WITH APPROVAL OF A USE PERMIT, X = NOT ALLOWED 17.83.040. Allowable number of towers and wind turbines. (a) Towers. (1) Small wind energy systems and dual purpose wind energy systems: No more than one wind energy tower may be located on any single premises. (2) Wind Power Facilities: The Planning Commission shall specify the permitted number of towers through the use permit process. 17.83.050. Height. The total height of wind energy systems is measured as the verti- cal distance from the ground level to the tip of a wind generator blade when the tip is at its highest point, and shall not exceed the following maximum height requirements: (a) Wind towers: Small and dual purpose wind energy sys- tems shall not exceed 80 feet unless the Planning Commission ap- proves additional height through the Use Permit process. (b) Wind Power Facilities: The Planning Commission shall specify the maximum height through the use permit process. 17.83.060. Location. Small and dual purpose wind energy systems shall be located in the rear yard portion of any lot where permitted, unless otherwise approved by the Director of Planning or Planning Commission. Wind Power Facility locations shall be determined by the Planning Commission through the use permit process subject to all applica- ble laws, ordinance, and enforceable restrictions applicable to the property. 17.83.070. Setbacks (a) Wind energy systems shall not be permitted within 1,000 feet of the following: (1) A residence, excepting residences on the same premises and other residences owned by the applicant at the time the appli- cation is approved. (2) The outer boundaries of any parcel within the R-1, R-2, R- 3, R-4, C-1, C-2, C-3 and C-4 zoning districts. (3) A property listed on the National Register of Historic Pla- ces or the California Register of Historical Resources. (4) The following County Designated Scenic Highways pur- suant to the Open Space and Conservation Element of the 2009- 2029 Tehama County General Plan: (a) State Route 89: The Tehama County General Plan has clas- sified State Route 89 as a County scenic highway. This route in eastern Tehama County has been designated as part of the Vol- canic Legacy Scenic Byway All American Road. It is also eligible to be, but has not been, classified as a California state scenic high- way. (b) State Route 172: Route 172, located in eastern Tehama County in the area of Mill Creek, has been designated a County scenic highway in the General Plan Update. (c) State Route 36: State Route 36 from Manton Road east- ward to the county line has been designated a County scenic high- way in the General Plan Update. Additionally, State Route 36 from Bowman Road westward to the county line has been designated a County scenic highway in the General Plan Update. (d) State Route 32: Route 32 is located in eastern Tehama County. This highway traverses portions of Lassen National For- est. The Tehama County General Plan Update has classified this highway as a County scenic highway. (b) Tower Set Backs. (1) All wind energy system towers shall be located outside of the setback for the zone district and at least 1.2 times its height from all property boundaries. (2) Wind energy systems shall be placed and oriented to avoid casting a shadow on any off-site structure. 17.83.080 Noise. Noise levels resulting from normal operation of wind energy sys- tems shall not exceed noise standards for non-transportation noise set forth in the Noise Element of the 2009-2029 Tehama County General Plan, Table 9-7, as measured at the nearest prop- erty line. Applications for permitted or conditionally permitted wind energy systems shall include noise specifications and/or noise studies demonstrating consistency with those standards. 17.83.090 Color of Towers. All towers shall be painted a neutral, non-reflective color, except when obstruction marking is required for aviation purposes. 17.83.100 Advertising/Signage. Appropriate warning signs, no larger than 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 32 square feet. 17.83.110 Maintenance. All wind energy systems that are not in use for a period of six con- tinuous months shall be considered abandoned. Abandoned wind energy systems are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of any wind energy system, the Director of Planning may require the applicant to post a per- formance security in an amount and form determined by the Di- rector that is sufficient to cover the cost of removal of the system in the event that such system is abandoned, or if the permit has been terminated for violation of its conditions by the county after system abandoned, permit been terminated for violation of its conditions by the county after hearing. If the Director of Planning determines that the system is abandoned, the planning director may initiate appropriate pro- ceedings under this Code to revoke the permit for the system and require the property owner to timely remove all portions of the system from the premises. If such system is not timely removed as provided herein, the county may abate the nuisance in accord- ance with Chapter 10.16 of this Code. 17.83.120 Williamson Act Lands. Small wind energy systems shall be permitted on lands encum- bered by the Williamson Act, where otherwise permitted in ac- cordance with Section 17.83.030. Wind Power Facilities and Dual Purpose Wind Energy Systems are PROHIBITED on lands subject to a Williamson Act or Farmland Security Zone contract. SECTION 2. Chapter 17.84 is hereby added to the Tehama County Code to read: CHAPTER 17.84 SOLAR ENERGY SYSTEMS. 17.84.010. Purpose. This article establishes development and operating standards for Solar Energy Systems to minimize negative impacts on neighbor- ing properties, implement State and Federal law, and ensure the orderly development of a diversity of land uses within the county. 17.84.020 Definitions. All terms used in this chapter shall have the following definitions: (a) Dual purpose solar energy system means a solar energy system designed to provide both on-premises electricity con- sumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a Solar Power Facility. (b) Premises means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "prem- ises" for purposes of this chapter. (c) Small solar energy system means any solar energy sys- tem whose primary purpose is to provide for on-premises space heating or cooling, or on-premises water heating, or which is in- tended solely to reduce on-premises consumption of utility power. Small solar energy systems must be ancillary to a principally per- mitted use of the premises. (d) Solar energy system means either of the following: (1) Any solar collector or other solar energy device whose pri- mary purpose is to provide for the collection, storage, and distri- bution of solar energy for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. (e) Solar power facility means any solar energy system whose primary function is the provision of electricity to the elec- trical distribution system or transmission grid. Any solar energy system that is not a small solar energy system or a dual purpose solar energy system shall be considered a solar power facility for purposes of this chapter. 17.84.030 USES PERMITTED. Notwithstanding any other provisions of this title, small and dual purpose solar energy systems and solar power facilities are al- lowed only in the following zone districts, subject to the following P= PERMITTED USE, C = PERMITTED WITH APPROVAL OF A USE PERMIT, X =NOT ALLOWED 17.84.040 Height. (a) Solar panels shall comply with the maximum permitted height of the zoning district. (b) Attachment to existing buildings and towers shall comply with the maximum permitted height of the zoning district. 17.84.050 Location. Small and dual purpose solar energy systems shall only be located in the rear yard portion of any lot where permitted, except when the solar energy system is attached to a building. Solar Power Fa- cility locations shall be determined by the Planning Commission through the use permit process. 17.84.060 Set Backs. Small Solar Energy Systems, Dual Purpose Solar Systems, and So- lar Power Facilities must meet the required setbacks established by the zone district. 17.84.070 Maintenance. All solar energy systems that are not in use for a period of six con- tinuous months shall be considered abandoned. Abandoned solar energy systems are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of any solar energy system, the Director of Planning may require the applicant to post a per- formance security in an amount and form determined by the Di- rector that is sufficient to cover the cost of removal of the system in the event that such system is abandoned, or if the permit has been terminated for violation of its conditions by the county after hearing. If the Director of Planning determines that the system is abandoned, the planning director may initiate appropriate pro- ceedings under this Code to revoke the permit for the system and require the property owner to timely remove all portions of the system from the premises. If such system is not timely removed as provided herein, the county may abate the nuisance in accord- ance with Chapter 10.16 of this Code. 17.84.080 WILLIAMSON ACT LANDS. Small solar energy systems shall be permitted on lands encum- bered by the Williamson Act, subject to 17.83.030 Uses Permitted requirements. Solar Power Facilities and Dual Purpose Solar Ener- gy Systems are PROHIBITED on lands subject to a Williamson Act or Farmland Security Zone contract, excepting where the project qualifies for placement into a solar use easement pursuant to Government Code sections 51190 et seq. a) A Decommissioning Plan is required with an application submitted for a Solar Power Facilities and Dual Purpose Solar En- ergy Systems on lands subject to a Williamson Act or Farmland Se- curity Zone contract where the project qualifies for placement in- to a solar-use easement pursuant to Government Code sections 51190 et seq. b) Where consistent with applicable law and the general wel- fare, an Agreement providing for mitigation of the impacts of the project shall be entered into between the County and the land owner, or the operator of a Solar Power Facility and/or Dual Pur- pose Solar Energy System on lands subject to a Williamson Act or Farmland Security Zone contract where the project qualifies for placement into a solar-use easement pursuant to Government Code sections 51190 et seq. SECTION 3. This ordinance shall take effect thirty (30) days from the date of its adoption, and prior to the expiration of fifteen (15) days from the adoption thereof shall be published at least one time in the Red Bluff Daily News, a newspaper of general circula- tion in Tehama County. The foregoing ordinance was duly passed and adopted by the Board of Supervisors of the County of Tehama, State of California, at a regular meeting of the Board of Supervisors on the 1st day of September, 2015 by the following vote: AYES: Supervisors Williams, Garton, Carlson and Bundy NOES: None ABSENT OR NOT VOTING: Supervisor Chamblin Burt Bundy CHAIRMAN, Board of Supervisors STATE OF CALIFORNIA ) ) ss COUNTY OF TEHAMA ) I, JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California, hereby certify the above and foregoing to be a full, true and correct copy of an ordinance adopted by said Board of Supervisors on the 1st day of September, 2015. DATED: This 2nd day of September, 2015. JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California. By: Angela L. Ford Deputy Publish: September 12, 2015 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Tehama County Board of Su- pervisors will hold a public hear- ing on Tuesday, September 22, 2015 at 11:00 a.m., or as soon thereafter as may be heard, in Board Chambers, 727 Oak Street, Red Bluff, California, on the fol- lowing matters: REZONE #15-04, Water Efficient Landscape Ordinance- The Board of Supervisors will con- sider Rezone #15-04, to allow for the adoption of a Countywide Water Efficient Landscape Ordi- nance. The purpose and intent of the requested ordinance is to establish procedures and stand- ards consistent with the re- quirements of Government Code 65591 regarding certain develop- ment projects that utilize land- scape features within designat- ed zoning districts. On August 6, 2015, at a Public Hearing, the Planning Commis- sion recommended that the Board of Supervisors adopt the Water Efficient Landscape Ordi- nance (Rezone # 15-04) with a vote of 5:0. All interested persons are invit- ed to attend and be heard. Please be advised that if you challenge the above-entitled matter in court, you may be lim- ited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corre- spondence delivered at or prior to the public hearing to the Tehama County Clerk of the Board of Supervisors Office, Room 12, County Courthouse, P.O. Box 250, Red Bluff, CA 96080. JENNIFER A. VISE, Clerk of the Board of Supervisors PUBLISH: September 12, 2015 i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià N EWS D AILY REDBLUFF TEHAMACOUNTY T H E V O I C E O F T E H A M A C O U NTY S I N C E 1 8 8 5 Your"Local" Daily Newspaper Since 1885 ToSubscribeCALLTODAY!527-2151 FAX 527-3719 DAILYNEWS—POBOX220 545 DIAMOND AVE. RED BLUFF CA 96080 Website: redbluffdailynews.com SPECIALMEETINGS ALCOHOLICS ANONYMOUS — RED BLUFF— 785Musick 529-0301 OR 225-8955(24hrs.Redding) 7 DAYS A WEEK.. .................................... NOON & 8:00PM Presbyterian Church, 838 Jefferson St. Room 2 SUNDAYS............ ....................................................6:30PM Villa Columba Rio Street Entrance WEDNESDAYS....6:00PM ........................ 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OPEN MEETING TUESDAYS..........7:00PM ( Non-Smoking)WOMEN'S OPEN — LOS MOLINOS — United Methodist Church, Sherwood & Josephine St. TUESDAYS..........7:00PM..............ANONYMOUS GROUP OVEREATERS ANONYMOUS — RED BLUFF — St. Elizabeth Hospital, Coyne Center, Wood Room WEDNESDAYS....6:30PM....................12 STEP MEETING TOPS CLUB Take Off Pounds Sensibly, #1711 — RED BLUFF — United Methodist Church, 525 David Ave. TUESDAYS..........9:30AM......WEEKLY PRESENTATIONS | CLASSIFIEDS | REDBLUFFDAILYNEWS.COM SATURDAY, SEPTEMBER 12, 2015 8 B