Chapter 17.99 RENEWABLE ENERGY

Chapter 17.99
RENEWABLE ENERGY

Sections:

17.99.010 Collocated small wind energy systems.

17.99.020 Small residential wind generator systems.

17.99.030 Solar energy system (primary).

17.99.010 Collocated small wind energy systems.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards to ensure that alternative energy systems are available in the City, and that they are installed and collocated in a manner that avoids hazards to public health and safety, minimizes adverse aesthetic impacts, and ensures compatibility with the surrounding neighborhood.

(B) Development Standards. Installation of collocated small wind energy systems (CSWES), where allowed as an accessory use subject to administrative review by a minor modification application, shall be constructed in the following manner:

(1) Minimum Parcel Size. A minimum of 20 acres with parking lot light fixtures at a minimum height of 25 feet.

(2) Setbacks. CSWES shall meet the following setbacks:

(a) A distance equal to the tower height from any abutting private properties that are not part of the project site;

(b) A distance equal to the tower height from any overhead utility lines, unless written permission is granted by the affected utility; and

(3) Noise. CSWES shall meet the following criteria with respect to noise:

(a) A site-specific noise study and the manufacturer’s engineered sound studies shall be submitted for review and the decibel level shall comply with the Noise Element of the General Plan; and

(b) Decibel levels for each unit shall not exceed 65 decibels (dBA) as measured at the property line for the subject site except during short-term events including, but not limited to, utility outages and severe windstorms.

(4) Aesthetics. CSWES shall meet the following criteria with respect to aesthetics:

(a) All proposed replacement poles for a CSWES system shall be of the same design, shape, and color as the remaining light poles throughout the parking lot;

(b) The wind turbine housing and the blades of the CSWES system shall not be brightly colored. The turbine housing must be white, sky colored, and/or coordinate with the color palette approved for the primary structures on site;

(d) The maximum diameter of the blades shall not exceed 16 feet.

(5) Access.

(a) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access; and

(b) The pole shall be designed and installed so as to not provide step bolts or a ladder.

(6) Lighting.

(a) A CSWES shall not be illuminated unless such lighting is required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower, and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time. All sites that are part of a CSWES shall comply with PMC § 17.86.030 (Outdoor lighting);

(b) The height of the light fixture on the structure itself shall not be altered from its original height as previously allowed or as allowed by the Review Authority when collocating a CSWES in a parking lot;

(c) All light fixture poles, including collocated poles, shall be consistent in design and color throughout the project; and

(d) A revised photometric plan shall be submitted for review and must be prepared in compliance with PMC § 17.86.030(B) when modifications to existing site lighting are proposed.

(7) Height. CSWES shall meet the following criteria with respect to height, measured as the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point:

(a) The maximum CSWES height shall be 60 feet at the highest point with one of the blades at its highest vertical point; and

(b) The maximum height of the center of the turbine shall not exceed 53 feet.

(8) Temporary meteorological (met) towers shall be allowed pursuant to the same standards as those for a CSWES facility. Approval for a temporary met tower shall be valid for a maximum of 30 days.

(9) Signs. All signs, other than the manufacturer’s or installer’s identification or appropriate warnings, shall be prohibited.

(10) Building Permit. Applicable building permits shall be required for a CSWES.

(11) The system shall comply with all applicable Federal Aviation Administration requirements, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These standards apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.

(12) If the CSWES has been determined by the Director to be inoperative or abandoned for a period of six months, the CSWES shall be removed, unless a new application to reestablish the use is filed with the City. The City may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as appropriate to be in compliance with applicable code at any time:

(a) After 90 days following a notice of abandonment; or

(b) Following a notice of decision by the Director, subject to the owner/operator’s right of appeal pursuant to the PMC.

The City may, but shall not be required to, store the removed facility, or any part thereof. The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

(C) Review Process. Uses subject to this Section shall be subject to the approval requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(D) Submittal Requirements. The applicant shall submit the information required by the appropriate application form, including but not limited to the following information. Applications for a CSWES shall include the following items:

(1) Site Plan.

(a) Property lines and physical dimensions of the subject property;

(b) Location, dimensions, and types of existing major structures on the property;

(d) Proposed CSWES architectural elevation drawings;

(e) The right-of-way of any public road that is contiguous with the property;

(f) Any overhead utility lines;

(g) A site-specific noise study/manufacturer’s engineered sound study; and

(h) A photometric plan if existing lighting is proposed to be modified.

(2) A perspective rendering from any abutting public way if the CSWES is visible from said public right-of-way.

(3) Specifications of the CSWES including manufacturer and model, rotor diameter, and proposed pole height.

(4) Typical pole foundation specifications or drawings from the wind turbine manufacturer. (Ord. 1603 § 4 (Exh. I), 2023)

17.99.020 Small residential wind generator systems.

(A) Purpose and Intent. It is the intent of this Section to establish specific standards for small residential wind generator systems (SRWGS). It is the purpose of these standards to ensure that alternative energy systems are available in the City, and that they are installed in a manner that avoids hazards to public health and safety, minimizes adverse aesthetic impacts, and ensures compatibility with the surrounding neighborhood.

(B) Development Standards. Installation of SRWGS where allowed as an accessory use shall be constructed in the following manner:

(1) Cage Width. The maximum cage or diameter of the system shall not exceed five feet.

(2) The height of freestanding SRWGS shall be determined by the zoning designation as illustrated on the following table:

Table 17.99.020-1. Development Standards for Zoning Designations
Zoning Designation	Minimum Lot Size (sf)	Maximum SRWGS Height* (ft)
LDR	1 Acre	100
SFR 1	20,000	45
SFR 2	10,000	40
SFR 3	7,000	35

Note:

* All proposed SRWGS shall maintain all required clearances from overhead utility lines.

(3) Roof-mounted SRWGS shall comply with applicable provisions of the California State Building Code and adopted City building codes. Certification of compliance by a State registered professional engineer is required.

(4) Number of SRWGS Allowed. The number of SRWGS is limited to one per parcel.

(5) Noise. SRWGS shall meet the following criteria with respect to noise:

(a) A site-specific noise study and the manufacturer’s engineered sound report shall be submitted with the required application for review. The decibel level shall comply with the Noise Element of the General Plan and the SRWGS shall not exceed 50 decibels (dBA) as measured at the property line.

(6) Aesthetics. SRWGS shall meet the following criteria with respect to aesthetics:

(a) The cage and the pole for the SRWGS system shall not be brightly colored. The cage and pole should be sky colored, and should coordinate with the color palette approved for the associated residence; and

(b) The maximum diameter of the cage shall not exceed five feet.

(7) Access. The pole shall be designed and installed so as to not provide step bolts or a ladder.

(8) Lighting. A SRWGS shall not be illuminated unless required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower, and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time.

(9) Signs. All signs, other than the manufacturer’s or installer’s identification, and appropriate warnings, shall be prohibited.

(10) Building Permit. Applicable building permits shall be required for a SRWGS.

(11) The system shall comply with all applicable Federal Aviation Administration standards, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These standards apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.

(12) If the SRWGS use has been determined by the Director to be inoperative or abandoned for a period of six months, the SRWGS shall be removed, unless a new application to reestablish the use is filed with the City. The property owner shall remove an abandoned facility, repair any and all damage to the premises caused by such removal, and restore the premises as is appropriate to be in compliance with applicable code at any time:

(a) After 90 days following notice of abandonment; or

(b) Following a notice of decision by the Director, subject to the owner/operator’s right of appeal pursuant to this Title. The owner of the premises upon which the abandoned facility was located shall be liable for the entire cost of such removal, repair, restoration, and storage.

(1) Site Plan.

(a) Property lines and physical dimensions of the subject property;

(b) Location, dimensions, and types of existing structures on the property;

(d) Proposed SRWGS architectural elevation drawings;

(e) Any overhead utility lines; and

(f) A SRWGS site specific noise analysis and the manufacturer’s engineered sound report.

(2) A perspective rendering from any abutting public rights-of-way if the SRWGS is visible from said public rights-of-way.

(3) Specifications of the SRWGS including manufacturer and model, rotor diameter, and proposed pole height.

(4) Typical pole foundation specifications or drawings from the wind turbine manufacturer. (Ord. 1603 § 4 (Exh. I), 2023)

17.99.030 Solar energy system (primary).

(A) Purpose and Intent. It is the intent of these standards to allow utility-scale solar energy system facilities as a primary use pursuant to the permissions tables specified within Divisions 3 through 7 of this Title. It is the purpose of these standards to ensure that alternative energy systems are available in the City, and that they are sited and installed in a manner that avoids hazards to the public health and safety while minimizing adverse aesthetic impacts to the maximum extent possible.

(B) Supplemental Information Required. Permit application for all utility-scale solar energy system facilities shall be accompanied by the following supplemental materials, unless waived by the Review Authority:

(1) A plan for the ongoing security and inspection of the facility as applicable, which may include but is not limited to provisions for fencing, anticlimb devices, and monitoring, to prevent unauthorized access and vandalism; and

(2) A plan for permanent dust control of the site.

(C) Development Standards. In addition to compliance with all other applicable statutes, ordinances, standards and policies, the following standards shall apply to all utility-scale solar energy system facilities as allowed pursuant to this Chapter:

(1) Setbacks.

(a) Setbacks shall be those specified for primary structures within the respective zone;

(b) Solar support structures shall not be allowed in any front or street side setback;

(d) No transition zone setback pursuant to PMC § 17.83.030(A) shall be required;

(e) Transition zone landscaping shall be required pursuant to PMC § 17.83.030(C); and

(f) Where transition zone landscaping is required pursuant to PMC § 17.83.030(C), the number and types of trees required may be modified at the discretion of the Director and the City Engineer where there is the potential for shading of solar panels.

(2) Height. The maximum height of any structure shall be that as specified for the primary structure within the respective zone.

(3) Glare. Solar panels shall be placed such that concentrated solar radiation or glare is not directed onto nearby properties, including U.S. Air Force Plant 42, other airport related, or roadways.

(4) Security Fencing. Utility-scale solar energy system facilities shall be enclosed by an eight-foot-high fence for security purposes. Vinyl-coated chain link or wrought iron fencing may be allowed by the Review Authority based upon a finding that no adverse visual or aesthetic impacts will occur, and the material is compatible with the surrounding area. This determination shall be made as part of the project review process. Under no circumstances shall razor, barbed, concertina wire, or electrified fencing be allowed.

(5) Lighting. Security lighting shall be consistent with the standards of PMC § 17.86.030 (Outdoor lighting), including shielding from adjacent properties, requiring lighting to be directed downward with full cut-off features to reduce light pollution.

(6) Signage. One project identification sign, located at each point of project ingress and egress, not to exceed 50 square feet in area and five feet in height, may be erected on the project site. No other signs shall be installed other than required safety and warning signs.

(7) Conformance with PMC Chapter 12.04 (Underground Utilities). All utility-scale solar energy system facilities, including any new off-site transmission lines, are subject to the provisions of PMC Chapter 12.04 (Underground Utilities), pertaining to underground utilities and encroachment into public rights-of-way.

(D) Operational Standards.

(1) Time Limits. The maximum duration of the approval period for a utility-scale solar energy system facility shall be 25 years. An extension of the approval may be granted by the Review Authority. New conditions of approval may also be applied to an approval for extension, as may be deemed necessary based upon changing conditions or development in the surrounding area.

(2) Discontinued Use. The operator of a lawfully erected facility, and the owner of the property upon which it is located, shall promptly notify the Director in writing in the event that use of the facility is discontinued for any reason. In the event that the discontinued use is permanent, the owner(s) and/or operator(s) shall promptly remove the facility and repair any damage to the property caused by such removal, including revegetation and road repair. All such removal and repair shall be completed within 90 days after the use is discontinued and shall be performed pursuant to all applicable zoning and health and safety code standards. For purposes of this Subsection, a discontinued use shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three-month period.

(3) Abandonment. Structures associated with solar energy system facilities that have been determined to be inoperative or abandoned for a period of six months shall be removed, unless a new application to reestablish the use is filed with the City.

(4) Removal by City. The City may remove an abandoned facility, repair any and all damage to the property caused by such removal, and otherwise restore the property as is appropriate pursuant to the applicable code at the following times:

(a) After 30 days following a notice of abandonment; or

(b) Following a notice of decision by the Director, subject to the owner/operator’s right of appeal pursuant to this Title.

The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

(5) City Lien on Property. When the City removes an abandoned facility pursuant to Subsection (D)(4) of this Section, the cost for the removal, repair and restoration of the site, and storage of the materials shall be recouped through the placement of a lien on the real property on which the facility was located, for the full amount of the cost of removal, repair, restoration, and storage. The Director shall cause the lien to be recorded in the County of Los Angeles Recorder’s Office. (Ord. 1603 § 4 (Exh. I), 2023)