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HomeMy WebLinkAboutOFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICESN In vOFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitted: /03/10 Department: DDS From: Phone Number: 2167 epartmed Signature ,gfJMContact Person: Stacey Jolliffe Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED Opinion Request Briefly explain the issue: Request for Ordinance/Resolution Briefly explain the nature of requested Ordinance/Resolution: Wind Turbine Ordinance Is there an existing Ordinance/Resolution: YES NO If yes, please attach or cite existing County Code provisions: see BCC 24- X Other Felix Wannenmacher reviewed and provided comments on the draft ordinance. ,This request asks that counsel's office ase 'u r o di a _ b' r =2 for the Board's consideration at a December 14, 2010 hearing. A word version of the draft can be requested from Stacey Jolliffe at siolliffeCaD-buttecounW.net The County must adopt wind turbine regulations or except state standards by December 21, 2010. This is high priority. PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a "high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High _X_ Moderate Low Indicate due date when high priority Comments - Has this been previously reviewed/or ongoing by County Counsel? 0 Yes X0 No If Yes, please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: _ Attorney Assigned: Log Out Date: Revised 3/06 Project Name% ZCA10-0004 Butte County Wind Turbine Ordinance APPENDIX A Article V Specific Use Requirements 24-301 Wind Turbines A. Purpose and Intent. The purpose and intent of this section is to establish procedures and standards applicable to the development of wind turbines in order to promote clean sources of energy which are compatible with land uses in the vicinity. - B. Applicability. The provisions of this section shall apply to all structures operated for the generation of wind energy. C. Definitions. The following definitions shall apply in connection with the interpretation and application of this section: 1) Wind Turbine, Large. Any wind energy conversion system that is not classified as a Small Wind Turbine. 2) Wind Turbine, Small. Wind turbines rated 20kW or less that will be used'primarily to reduce onsite consumption of utility power. D. Permitting Requirements. 1) Wind turbines shall not be permitted on land within the following locations: (a) City Spheres of Influence, unless permitted by the City (b) Airport Land Use Compatibility Zones (c) Conservation, open space easements, or agriculture easements which do not allow wind' turbines or wind energy conversion systems (d) Alquist Priolo Earthquake Fault Zones 2) Wind turbines shall not be permitted on land within. 1,000 feet of the following: (a) A residence (b) The SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones. (c) A property listed on the National Register of Historic Places or the California Register of Historical Resources' (d) Designated scenic resources '3) All wind turbines are subject to the following land use permitting requirements in specified zoning districts, in addition to all applicable requirements of this Chapter. v. ' ■ Butte County Department of Development Services ■ m Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 23■ Zoning District A, TPZ, M-1, L -I, C-1, C1-2, AR, FR, MR, SR, MHP, R-1 M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P -Q . PUD, RN, RT, Large Wind UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine r v. ' ■ Butte County Department of Development Services ■ m Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 23■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance E. Wind Turbines—General Requirements. The following requirements shall apply to both small and large wind turbines. ' (1) Wind turbines shall be painted a neutral, non -reflective color. , (2) Power lines shall be placed underground when feasible. (3) All facilities shall meet the following minimum setbacks , (a) All new facilities shall be located on a lot so that the distance from the base of the facility to the parcel of lot boundary is equal to or greater than the height of the facility, except where facilities are located in Agricultural Zones (A-5 through A-160) and one of the following circumstances apply: 1. The wind turbine is adjacent to an existing structure such as a barn, rice dryer, or other facility such that the facility will blend with the surrounding area, or 2. The adjacent property owner(s) consent in writing to a lesser distance. (b). Where facilities are located in Agricultural Zones (A-5 through A-160) and one of the specified circumstances apply; the facility shall demonstrate the minimum setback distance required by the zone. (4) Appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines. Wind turbines and related equipment will not be used to advertise or promote,any. . product or service. (5) Noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line. Applications for wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed 45 decibels as measured at the nearest property line. (6) Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. (7) Wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. (8) Wind turbines shall not be placed on parcels less than one acre in size. F Small Wind Turbines—Requirements. Small wind turbine shall comply with Wind Turbines -- General Requirements noted in 24-301E and the following: . (1) Small wind turbines shall be designed and appropriately sized to serve the needs of the use on the site. (2) The maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 24■ " OFFICE OF COUNTY COUNSEL-: REQUEST FOR LEGAL SERVICES. Date Submitted: ..10/04/10 Department: DDS From:: APhone Number: 2167 De en ead S'gnature Contact Person: Stacey Jolliffe Phone Number:.6573• PLEASE INDICATE THE TYPE:OF ASSISTANCE REQUESTED Opinion Request. Briefly explain the issue: Please provide a legal opinion'of.whether. or how •a citizen could appeal a. determination .of the. Director of Development Services pursuant to X Request.for Ordinance/Resolution Briefly explain the nature. of requested Ordiinance/Resolution: Wind Turbine Ordinance ;. Is there an existing Ordinance/Resolution: . YES NO If yes; please attach.or cite existing County Code provisions:. - ..see BCC 24 Other . This is intended as.a restrictive short-term ordinance, which could' be refined either -during. early review of this short-term.ordinance.or via the input received during deliberations on.the newzoning ordinance. This wind turbine project description reflects the proposed ZO wind turbine section with some notable exceptions: .: 1. Some regulations that were proposed for small turbines in the draft ZO would-be applicable to all turbines inthis-project description. 2. No turbines would' be•allowed in the most dense residential zones,:(R-1 to R-4, and SR and PUD).' - 3. . I'have UD).'- 3..I.have also added some language from AB45 itself,, specifically the exclusion of wind turbines from airport land use plans, spheres:of influence, alquist priolo etc. .4. To address the situation where a turbine.is built in an allowable zone, but is in the vicinity.of residence, the ordinance also looks to preclude wind turbines within 1.000 feet of.a legally permitted residence. PRIORITIZATION Indicate the .priority .of this request, taking into consideration any prior pending requests. Requests receiving a•"high'.' prioritywill automatically, take precedence over existing pending department projects, unless otherwise indicated. = High _X_ . Moderate Low: Indicate due date when: high priority Comments:'. Has this been previously reviewedYor.:ongoing by County Counsel? 'p Yes 'XD No If Yes, please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attorney Assigned: Log Out Date: Article N Specific UseRequirements . 24-301 Wind Turbines' A'. Purpose and Intent. The -purpose and intent of this section is to establish procedures and standards applicable to the development of wind .turbines in order to promote clean sources, of energy which are compatible with land uses in the vicinity. B. Applicability. The provisions of this.section shall apply to all structures operated for._. the .generation of wind energy. C. Definitions. The following definitions -shall -apply in.connectionwith the interpretation and application of this section: 1) Wind Turbines, Large. Any wind energy conversion system that'is not classified as a Small Wind Turbine: 2) - Wind Turbine, Small. 'Wind turbines rated, 50kW or less •that will be usedprimarily, to reduce, onsite consumption, of utility power: D. Permitting Requirements. 1) Wind turbines shall not be permitted on land within the following. locations:. '(a) City Spheres of Influence, unless' permitted by the:City *(b) Airport Land Use. Compatibility Zories (c) 1,000 feet of a legal .permitted residence,'as of the time a:complete.permit application for:the wind turbine is received by the County .(d) Conservation, open space easements, or agriculture easements. which. do not allow .wind turbines or wind energy conversion systems.' (e) Alquist Priolo Earthquake Fault Zones (f) National Registei of Historic Places or the_California Register of Historical. Resources (g) 'Designated scenic resources .. 2) All wind turbines are subject to the following land use permitting requirements in specified zoning districts, in addition to all applicable requirements. of this Chapter.. E. Wind Turbines—General Requirements.. The following requirements*shall apply to both small and large wind turbines. (1) Wind turbines shall be painted a neutral, non -reflective color. (2) Power lines shall be placed underground when feasible. (3) .The required setback from all property lines shall be 15 feet, or as required bythe applicable zoning district, whichever is greater: (4) Appropriate warning signs, no larger than; 4 square feet, shall be placed on or near wind turbines. Wind turbines and related. equipment.will not be used to advertise or promote any product or service. (5) Noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line. (6) Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure: '(7) Wind turbines shall be removed if if remains inoperable 'for 12 consecutive months. After 12 months of nonuse, wind turbines are. subject to nuisance codes. and code enforcement. actions. F .Small Wind Turbines=Requirements. Small wind turbine shall comply with Wind Turbines --General Requirements. noted in 24-301E and the following: (1)Small wind turbines shall be designed and appropriately sized to serve the needs -of the use on the site. (2) The. maximum height of small wind turbines and towers, as measured When rotor blades are in vertical (highest) position, shall be: -1. 80 feet on parcels less than 5 acres in size 1 100 feet on parcels 5 acres or greater (3) Applications for small wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed 45 decibels as measured at the nearest property line. Zoning District A, TPZ, M-1, L -I, C-1; C-2, . AR, FR, MR, SR,. MHP, R-1 M-2'3 GC; P -Q, R -P U,,N-C; H -C to R-4, SH, PUD . Large Wind . UP UP UP Not allowed - Turbine. Small Wind Admin Permit MUP . UP' Not allowed Turbine E. Wind Turbines—General Requirements.. The following requirements*shall apply to both small and large wind turbines. (1) Wind turbines shall be painted a neutral, non -reflective color. (2) Power lines shall be placed underground when feasible. (3) .The required setback from all property lines shall be 15 feet, or as required bythe applicable zoning district, whichever is greater: (4) Appropriate warning signs, no larger than; 4 square feet, shall be placed on or near wind turbines. Wind turbines and related. equipment.will not be used to advertise or promote any product or service. (5) Noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line. (6) Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure: '(7) Wind turbines shall be removed if if remains inoperable 'for 12 consecutive months. After 12 months of nonuse, wind turbines are. subject to nuisance codes. and code enforcement. actions. F .Small Wind Turbines=Requirements. Small wind turbine shall comply with Wind Turbines --General Requirements. noted in 24-301E and the following: (1)Small wind turbines shall be designed and appropriately sized to serve the needs -of the use on the site. (2) The. maximum height of small wind turbines and towers, as measured When rotor blades are in vertical (highest) position, shall be: -1. 80 feet on parcels less than 5 acres in size 1 100 feet on parcels 5 acres or greater (3) Applications for small wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed 45 decibels as measured at the nearest property line. E.. Wind Turbines -General Requirements. The following requirements shall apply to :. _both small' and large wind turbines: :. .. .. .. :. � . • (1) Wind turbines shall be painted 'a neutral; non -reflective color.. . . :. :. (2) Power -lines shall. be placed. underground when feasible.: , (3) The required setback from all property lines shall be 15 feet, or as required by, the "applicable zoning district, whichever is greater: (4) Appropriate warning signs, no larger than 4 square feet, shall be placed on or near ' - wind turbines.. Wind turbines and related.equipment will not: be used to advertise or : ' . • . • ,promote any product or service. . • . (5) Noise levels resulting from normal operation -of a wind turbine shall not exceed. 45 . decibels as measured at the nearest property line. (6) Wind turbines shall be placed'and oriented to avoid casting a shadow or causing - .. `flicker' on any off-site structure:' (7) Wind turbines shall be removed if it remains inoperable for 12 consecutive months. . After 12 months of nonuse; wind turbines are subject to nuisance codes. and code ". eriforcement.actions.: F Small Wind Turbines =Requirements. Small wind turbine shall comply with Wind ' 'Turbines --General Requirements noted in 24-301E and the followings � • . .. (1)Small wind turbines shall be designed and-appropriate.ly sized to serve..the needs of.the • . use on the site. .. (2) The maximum Height of small wind turbines and ;towers; as measured when rotor . . blades are in vertical (highest) position, shall be: ' . -1. 80 feet on parcels less than 5 acres in size 100 feet onparcels 5 acres or greater .. (3) Applications for small wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed 45decibels as . .measured at the nearest property Zoning District A,. TPZ, . M-1, L -I, C-1., C-2,.. AR, FR, MR, . SR,. MHP, R-1 ` M-2-, .. :CrC, P -Q, R -P . U, N=C; H -C to R=4;`SH, PUD Large Wind UP 'UP UP Not allowed Turbine.' Small Wind Admin Permit MUP'. UP. Not allowed Turbine E.. Wind Turbines -General Requirements. The following requirements shall apply to :. _both small' and large wind turbines: :. .. .. .. :. � . • (1) Wind turbines shall be painted 'a neutral; non -reflective color.. . . :. :. (2) Power -lines shall. be placed. underground when feasible.: , (3) The required setback from all property lines shall be 15 feet, or as required by, the "applicable zoning district, whichever is greater: (4) Appropriate warning signs, no larger than 4 square feet, shall be placed on or near ' - wind turbines.. Wind turbines and related.equipment will not: be used to advertise or : ' . • . • ,promote any product or service. . • . (5) Noise levels resulting from normal operation -of a wind turbine shall not exceed. 45 . decibels as measured at the nearest property line. (6) Wind turbines shall be placed'and oriented to avoid casting a shadow or causing - .. `flicker' on any off-site structure:' (7) Wind turbines shall be removed if it remains inoperable for 12 consecutive months. . After 12 months of nonuse; wind turbines are subject to nuisance codes. and code ". eriforcement.actions.: F Small Wind Turbines =Requirements. Small wind turbine shall comply with Wind ' 'Turbines --General Requirements noted in 24-301E and the followings � • . .. (1)Small wind turbines shall be designed and-appropriate.ly sized to serve..the needs of.the • . use on the site. .. (2) The maximum Height of small wind turbines and ;towers; as measured when rotor . . blades are in vertical (highest) position, shall be: ' . -1. 80 feet on parcels less than 5 acres in size 100 feet onparcels 5 acres or greater .. (3) Applications for small wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed 45decibels as . .measured at the nearest property Article V Specific Use Requirements 24-301 Wind Turbines A. Purpose and Intent. ' The purpose and intent of this -section is to establish procedures and standards applicable to the development of wind turbines in order to promote clean sources -of energy which are compatible with land uses in the vicinity. B. Applicability. The provisions of this section shall apply to all structures operated for. the generation of wind energy. C. Definitions. The following definitions- shall apply in connection with the interpretation, and application of this section: 1) Wind Turbines, Large. Any wind energy conversion system that is not classified as a Small Wind Turbine: 2) Wind Turbine, Small: Wind -turbines rated 50kW or less that will be used primarily to reduce onsite consumption of utility power: D. Permitting Requirements. . 1) Wind turbines shall. not be permitted on land within.the following.locations:. '. (a) City Spheres of Influence,. unless permitted by the:City (b) Airport Land Use Compatibility Zones (c ) 1,000 feet of a legal permitted.residence, as of the time a complete permit application for.the wind turbim is received.by the County (d) Conservation, open spaceeasements, or agriculture easements.which do not allow wind turbines or wind energy conversion systems - (e) Alquist Priolo Earthquake Fault Zones (f) National Register of Historic Places or the California Register of Historical Resources . . (g) Designated scenic resources 2) All wind turbines are subject to the following land use permitting requirements in' specified zoning districts, in addition to all applicable requirements.of this Chapter. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATIONBUILDING * PLANNING Butte County Wind Turbine Ordinance ZCA 10-0004 Agricultural Focus Meeting Agenda January 19, 2011 — 10 am to 12 pm Participants Butte County Richard Price, Agricultural Commissioner Tim Snellings, Development Services Director Chuck Thistlethwaite, Planning Manager Stacey Jolliffe, Principal Planner „ o�W7-M-2-M �Ofjw% Agenda 10:00 am Introduction and Meeting Goals —'Tim Snellings A 10l 10:10 am Wind Turbine Ordinance Overview — Stacey Jolliffe 10:20 am Potential Affects to Ag Operations — Richard Price 10:25 am Questions and Answers on Presented Materials — All 10:35 am Discussion of Key Issues— All 11:15 am Summary and Next Steps —Tim Snellings b.0 o oo (-0 LIS Butte County. Department of Development Services 0 UTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o Oroville, CA 95965 (530) 538-7601 TelephonecOUIN (530) 538-7785 Facsimile www.buttecountv.net/dds www.butteaenoraiDian.net ADMINISTRATION * BUILDING * PLANNING Butte County Wind Turbine Ordinance ZCA 10-0004 Agricultural Focus Meeting Agenda January 19, 2011 — 10 am to 12.pm Participants Butte County Richard Price, Agricultural Commissioner Tim Snellings, Development Services Director Chuck Thistlethwaite, Planning Manager Stacey Jolliffe, Principal Planner Agenda' 10:00 am Introduction aad Meeting'Goals — Tim.Snellings 10:10 am Wind Turbine Ordinance Overview — Stacey Jolliffe 10:20 am Potential Affects to Ag Operations — Richard Price 10:25 am . Questions and Answers on Presented Materials — All 10:35 am Discussion of Key Issues= All 11:15 am Summary and Next Steps —Tim Snellings f�c�SS� ud-t— VV \ 0 1 `� ��, . � � f I r , '� `� ��, . � � f I 1 Ordinance No. 2 3 AN ORDINANCE OF THE COUNTY OF BUTTE ADDING SECTION 24-301, ENTITLED "WIND TURBINES," 4 TO CHAPTER 24, ENTITLED "ZONING," OF THE BUTTE COUNTY CODE 5 .6 The Board of Supervisors of the County of Butte ordains as 7 follows: 8 Section 1. Chapter 24-301 is added to the Butte County Code as 9 follows: 10 24-301 Wind Turbines 11 a) Purpose and Intent. The purpose and intent of this section 12 is to establish procedures and standards applicable to the 13 development of wind turbines in .order to promote clean sources 14 of energy which are compatible with land uses in the vicinity. 15 b) Applicability. The provisions of this section shall apply 16 to all structures operated for the generation of wind energy. 17 c) Definitions. The following definitions shall apply in 18 connection with the interpretation and application of this 19 section: 20 1) Wind. Turbine, Large. Any wind energy conversion 21 system that is not classified as a Small Wind Turbi 22 2) Wind Turbine, Small. Wind turbines rat less 2'3 that will be used primarily to reduce onsite c ption of 24 utility power. •1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d) Permitting Requirements. 1) Wind turbines shall not be permitted on land within the following locations: (a) City Spheres of Influence, unless permitted by the City. (b) Airport Land Use Compatibility Zones. (c) Conservation, open space easements, or agriculture easements which do 'not allow wind turbines or wind energy conversion systems. (d) Al ist Prnlo Earthquake Fault Zones. 2) turbines shall not 'be permitted on land within 1,000 feet of the following: (a) A residence, excepting residences on the same parcel and residences owned by the applicant. (b) The 'SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones. (c) A property listed on the 'National Register of Historic Places or the California Register of Historical Resources. (d) Designated scenic resources. 3) All wind turbines are subject to the following land use permitting requirements in specified zoning districts, in addition,to,all applicable requirements of this Chapter. t 1 2 3 4 5 6 + 7 8 9 10 11 12 13 14 15 16 17. 18 1 19 20 21 22 23 24 e) Wind Turbines -General Requirements. The following requirements shall apply to both small and large wind turbines: (1) Wind turbines shall be painted a neutral, non - reflective color. (2) Power lines shall be placed underground when feasible, (3) All facilities shall meet the following minimum setbacks: a_ All new facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal 'to or greater than the height of the facility, except where facilities are located in Agricultural Zones (A-5 through' A-160) and one of `the following circumstances apply: Zoning District A, TPZ,'M- L -I, C-1, AR, FR, SR, MHP, 1, M-2, C-2, C -C, MR, TM, U, R-1 to R- P -Q, R -P N -C, H -C, 4, SH,. P -.Q PUD, RN, RT, Large Wind UP UP UP Not turbine allowed Small Wind MUP MUP MUP Not Turbine allowed e) Wind Turbines -General Requirements. The following requirements shall apply to both small and large wind turbines: (1) Wind turbines shall be painted a neutral, non - reflective color. (2) Power lines shall be placed underground when feasible, (3) All facilities shall meet the following minimum setbacks: a_ All new facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal 'to or greater than the height of the facility, except where facilities are located in Agricultural Zones (A-5 through' A-160) and one of `the following circumstances apply: 15 16 17 18 19 20 21 22 23 24 The wind turbine is adjacent to an existing structure such as a barn, rice dryer, or other facility such that the facility will blend with the surrounding area; or 2. The adjacent property owner(s) consent in writing to a lesser distance. b. Where facilities are located in Agricultural Zones (A-5 through A-160) and one of the specified circumstances apply, the facility shall demonstrate the minimum setback di tance ired b r the—zon (4) a- nea Wind turbines and related equipment will not b used to advertise or promote any product or service. (5) Noise levels resulting fr normal o eration of a wind turbine shall not exceed 45 deci els a asured at the nearest property line. Applications for wind turbines shall submit noise specifications and/or noise st dies demonstrating that operation' of the wind system will not exceed 45 decibels as measured at the nearest property line. (6) Wind turbines sh 11 be placed and oriented to avoid' casting a shadow or causing flicker' on any off-site structure. (7) Wind turbines shall be removed if they remain inoperable for 12 conse utive months. After 12 months of nonuse, wind turbines ar subject to code enforcement actions. (8) Wind turbines shall not be placed on parcels less than one acre in size. f) SmallWind Turbines -Requirements. Small wind turbines shall comply with Wind Turbines -General Requirements noted in 24-301(e) above, as well as the following: (1) Small wind turbines shall be designed and appropriately sized to serve the needs of the use on the site. (2) The maximum height of small wind turbine towers shall be: a. 60 feet on parcels less than 5 acres in size. b. 80 feet on parcels 5 acres or greater "Tower height" means the height above grade of the fixed portion of the tower, excluding the wind turbine. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be, invalid by a court, of competent jurisdiction, such provision shall be deemed severable and the invalidity thereof shall not affect the remaining provisions or applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 3. Effective Date and'Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed,. before the expiration of fifteen (15) days after its passage, to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 publish this ,Ordinance once, with the names - of the members of the Board of Supervisors voting for and against it, in the a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the day of , 2010, by the following vote: AYES: NOES: ABSENT: NOT VOTING: BILL CONNELLY, Chair of the Butte County Board of Supervisors ATTEST: PAUL HAHN,'Chief Administrative Officer and Clerk of the Board By Deputy G:IORDINANCEIWind Turbine Ordinance. DOC zea K"')� 4 �✓ � L-©:' N��i bo coy✓ tze , 3a 53�-1aS�'3 - �� G zdz- 5 3v) -9 ei r - -3 o 4-/- " �'l� X11 Gv�i���.�� 1.��/,ia.� r�r ,►.�;� �: �Q� c�� CY — – l �i�� ' r� � .i� - • �'/9�'/lei ��lll�C'DC/1,��. ��, S�Iz- 7 3�� God k5®h �� rev S�a�GkS i r, S col/1 co IT Butte County_ ®epartrnent.of Development Services uTrF - TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o ° 0 0 7 County Center Drive _ o 0 o •. - - o Oroville, CA 95965 + .(530) 538-7601 Telephone cOUN'�y (530) 538-7785 Facsimile www. buttecou nty:neVdds www.buttegeneralalan.net s ADMINISTRATION * BUILDING * PLANNING Butte County Wind Turbine Ordinance ZCA 10-0004 Agricultural Focus Meeting Agenda January 19, 2011 —10 am to 12 pm Participants Butte County Richard Price, Agricultural Commissioner Tim Snellings, Development Services Director Chuck Thistlethwaite, Planning Manager Stacey Jolliffe, Principal Planner Agenda 10:00 am Introduction and Meeting Goals - Tim Snellings 10:10 am Wind Turbine Ordinance Overview — Stacey Jolliffe 10:20 am Potential Affects to Ag Operations — Richard Price 10:25 am Questions and Answers on Presented Materials — All 10:35 am Discussion of Key Issues— All' 11:15 am Summary and Next Steps -Tim Snellings Butte County Department of Development Servicesu o�TrFo TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive Oroville, CA 95965 o (530) 538-7601 Telephone. COUN�y (530) 538-7785 Facsimile www.buftecounty.net/dds www.buttegerreralplan.net ADMINISTRATION * BUILDING *PLANNING Butte County Wind Turbine Ordinance ZCA 10-0004 Agricultural Focus Meeting Agenda January 19, 2011 —10 am to 12 pm Participants Butte County Richard Price, Agricultural Commissioner Tim Snellings, Development Services Director Chuck Thistlethwaite, Planning Manager Stacey Jolliffe, Principal Planner _ Agenda 10:00 am Introduction and Meeting Goals — Tim Snellings 10:10 am Wind Turbine Ordinance Overview - Stacey Jolliffe 10:20 am Potential Affects to Ag Operations — Richard Price 10:25 am Questions and Answers on Presented Materials — All 10:35 am Discussion of Key Issues— All , 11:15 am Summary and Next Steps —Tim Snellings ,� F .. �. i r � ' - � _ .. { .. `u r ti ��. k , . - .. �, .. i ' .: _ . � `� 1i t ,. ' 'a S .. y .'� :�. -` . � ... ,. F .. �. i .` � ' - � _ .. { .. `u � ti j k , . � _ .. .. i ' �. i .` � ' - � _ .. { .. `u - ti j �i a ,� �. y .. i . • � ;� ��� ' 1i 4 'a .. - � _ .. { .. - ♦ , j - 't .. _, q � S .. i ;� ��� 'a - y .'� :�. -` �' General Plan/Zoning Issues ZCA 1.0=0004 In wilt apply to existing Zoning Ordinance , ❑ Must be consistent with new GP2030 o Will be superseded by new Zoning Ordinance to implement 'GP2030 Project Description y ❑ Small wind turbines, defined as "wind turbines rated -20kW or less that will be used primarily to reduce onsite consumption of utility power." ❑ Large turbines are defined as "any wind energy conversion system that is not classified as a Small Wind Turbine ' • Ta.hle A t Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR, FR, MR, SR, MHP, R-1 M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P -Q PUD RN, RT Large Win_ d UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine'• t y t Placement•of Wind Turbines would be prohibited on land within,: ' ❑ City'Spheres of Influence unless permitted by the City; ❑ Airport Land Use Compatibility Zones; p' Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; ❑ Alquist Priolo Earthquake Fault Zones; OR ❑ Within 1;000 feet of any of the following: - A residence, excepting residences on the same parcel and • , residences owned by the applicant` SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, Property on national or California historic registers . Designated7scenic resources General Requirements. Applicable to existing and future turbines ❑ Wii►dturbines shall be painted a neutral, non -reflective color, ❑ Power lines shall be placed underground when feasible, ❑ Appropriate warning signs, no larger than 4 square feet, shall be placed on or near. wind turbines, ❑ ' Wind turbines and related equipment will not be used to advertise or promote any product or service, and ❑ . Wind -turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. ❑ Noise levels shall not exceed 45 decibels as measured at the nearest property line, - E3 Wind turbines shall be removed if they remain inoperable for 12 consecutive months. ❑ After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions } -40F Placement•of Wind Turbines would be prohibited on land within,: ' ❑ City'Spheres of Influence unless permitted by the City; ❑ Airport Land Use Compatibility Zones; p' Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; ❑ Alquist Priolo Earthquake Fault Zones; OR ❑ Within 1;000 feet of any of the following: - A residence, excepting residences on the same parcel and • , residences owned by the applicant` SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, Property on national or California historic registers . Designated7scenic resources General Requirements. Applicable to existing and future turbines ❑ Wii►dturbines shall be painted a neutral, non -reflective color, ❑ Power lines shall be placed underground when feasible, ❑ Appropriate warning signs, no larger than 4 square feet, shall be placed on or near. wind turbines, ❑ ' Wind turbines and related equipment will not be used to advertise or promote any product or service, and ❑ . Wind -turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. ❑ Noise levels shall not exceed 45 decibels as measured at the nearest property line, - E3 Wind turbines shall be removed if they remain inoperable for 12 consecutive months. ❑ After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions } 'I { � !I 3 { Recommended Changes to the' Proposed Ordinance from Commission . , The Planning Commission recommends modifications to the proposed ordinance o to measure tower height consistent with industry and state standards, which is to the highest point of the fixed tower, rather than to the top of the turbine/blade. ❑ that residences`on the same parcel and other residences owned by the applicant not be included in' 'the prohibition against residences within 1,000 feet . of a wind turbine. ' - Height and Setback Requirements k' ❑ The setback from all property lines shall be equal to the height of the wind turbine, except- in agricultural A` zones, in which case, the setback by the applicable ` zoning district, may apply. ►f ❑ . The.maximum height of small wind turbine towers (fixed portion; not the blade), shall be: 1..60 feet on parcels <5 acres in size 2. 80., feet on parcels 5+ acres 4 v 4 t Recommended Changes to the' Proposed Ordinance from Commission . , The Planning Commission recommends modifications to the proposed ordinance o to measure tower height consistent with industry and state standards, which is to the highest point of the fixed tower, rather than to the top of the turbine/blade. ❑ that residences`on the same parcel and other residences owned by the applicant not be included in' 'the prohibition against residences within 1,000 feet . of a wind turbine. ' - Height and Setback Requirements k' ❑ The setback from all property lines shall be equal to the height of the wind turbine, except- in agricultural A` zones, in which case, the setback by the applicable ` zoning district, may apply. ►f ❑ . The.maximum height of small wind turbine towers (fixed portion; not the blade), shall be: 1..60 feet on parcels <5 acres in size 2. 80., feet on parcels 5+ acres f � 4 4 t f � 4 4 f 5 � n i • � Y � 2 ' aP f � w } ' F } , c i f 5 � n i Y � ' aP f � ' F } , c i 5 � n i ' rt f � ' F 7 , c 5 � n 7 , c i 1 Ordinance No. 2 3 AN ORDINANCE OF THE COUNTY OF BUTTE ADDING SECTION 24-301, ENTITLED "WIND TURBINES," 4 TO. CHAPTER 24, ENTITLED "ZONING," OF THE BUTTE COUNTY CODE 5 6 The Board of Supervisors of the County of Butte ordains as 7 follows: 8 Section 1. Chapter 24-301 is added to the Butte County Code as 9 follows: 10 24-301 Wind Turbines 11 a) Purpose and Intent. The purpose and intent of this section 12 is to establish procedures and standards applicable to the 13 development of wind turbines in order to promote clean sources 14 of energy which are compatible with land uses in the vicinity. 15 b) Applicability. The provisions of this section shall apply 16 to all structures operated for the generation of wind energy. 17 c) Definitions. The following definitions shall apply in 18 connection with the interpretation" and application of this 19 section: 20 1) Wind Turbine', Large. Any wind energy •conversion 21 system that is not classified as a Small Wind Turbine. 22 2) Wind Turbine,'Small. Wind .turbines rated 20kW or less 23 that will be used primarily to reduce onsite consumption of 24 utility power. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d) Permitting Requirements. 1) Wind turbines shall not be permitted on land within the following locations: (a) City Spheres of Influence, unless permitted by the City. (b) Airport Land Use Compatibility Zones. (c) Conservation, open space easements., or agriculture easements which do not allow wind turbines or wind energy conversion systems. .(d) Alquist Priolo Earthquake Fault Zones. 2) Wind turbines shall not be permitted on. land. within 1,000 feet of the following: (a) A residence, excepting residences on the same parcel and residences owned by the applicant. (b) The SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones. (c) A property listed on the National Register of Historic Places or the California Register'of Historical Resources. (d) Designated scenic resources. 3) All wind turbines -are subject to the following land use permitting requirements in specified zoning:, districts, in addition to all applicable requirements of this Chapter. 1 2 3 4 •5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r. Zoning District .A, TPZ, M- L -I, C-1, AR, FR, SR, MHP, 1, M-2',- C-2, C -C, . MR', TM, U, R-1 to R- P -Q, R -P N -C, H -C, 4, SH, P -Q PUD, RN, RT, Large Wind -UP UP UP Not Turbine allowed Small Wind- MUP MUP MUP Not Turbine. allowed e) Wind Turbines -General Requirements. The following requirements shall apply•to both small and large wind turbines: (1) Wind turbines shall be` painted a neutral, non - reflective color'.. (2) Power lines shall be placed underground when feasible. (3) All* facilities shall meet the following minimum setbacks: a. All new facilities shall be located so that the distance from the base.of the facility to the parcel boundary is equal to or greater than the height of 'the facility, except where facilities.. are located in Agricultural Zones (A-5 through A-160) and one of :the following circumstances apply: 1 � 1 1. The wind turbine is adjacent to an existing 2 structure such as a barn, rice dryer, or, other facility such 3 that the facility will blend with the surrounding area; or 4 2. The adjacent property owner.(s) consent in 5 writing to a lesser distance. 6 b. Where facilities are located in Agricultural Zones 7 (A-5 through. A-160) and one of the specified circumstances 8 apply, the facility shall demonstrate -the minimum setback 9 distance required by the zone. 10 (4) Appropriate warning signs, no larger. than 4 square 11 feet, shall be placed on or near wind turbines. —Wind turbines 12 and related equipment will not be used to advertise or promote 13 any product or service. 14 (5) Noise levels resulting from normal operation of a wind 15 turbine shall not exceed 45 decibels as measured at the nearest 16 property line. Applications for wind turbines shall submit noise 17 specifications and/or noise studies demonstrating that operation 18 of the wind system will not exceed 45 decibels as measured at 19 the nearest property line. 20 (6) Wind turbines shall be placed and oriented to avoid 21 casting a shadow or causing flicker, on any off=s.ite structure., 22 (7) Wind turbines shall be removed �if they remain 23 inoperable for 12 consecutive months. After,•12 months of 24 nonuse, wind turbines are subject to code enforcement actions. 4 1 (8) Wind turbines shall not be placed on parcels less than 2 one acre in size. - 3 f) Small Wind- Turbines -Requirements. Small wind turbines 4 shall comply. with Wind Turbines -General Requirements noted in 5 24-301(e) above,, *as well as the following: 6 (1) Small wind turbines shall be designed and appropriately 7 sized to serve the needs of the use on the site. 8 (2) The maximum height of small wind turbine towers shall be: 9 a. 60'feet on parcels less than 5 acres in size. 10 b. •80 feet on parcels 5 acres or greater 11 "Tower. height" means the height above grade of the fixed portion 12 of the tower, excluding the wind turbine. 13 Section 2. Severability. If any provision of this Ordinance or 14 - the application. thereof to any person or circumstances is for 15 any reason held to be invalid by a court of competent 16 jurisdiction,, such provision shall be deemed severable and the 17 invalidity thereof shall not affect the remaining provisions or 18 applications of the. Ordinance which can be given effect without 19 the invalid provision or application thereof. 20 .Section 3.. Effective Date and Publication. This Ordinance shall 21 take effect thirty (30) days after the date of its passage. The 22 Clerk of the Board of Supervisors is authorized and directed, 23 before the expiration of fifteen (15) days after its passage, to 24 _ 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 publish this Ordinance once, with the names of the members of the Board of Supervisors voting for and against it, in the a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of ' the County of Butte, State of California, on the day of , 2010, by the following vote: AYES: NOES: ABSENT: NOT VOTING: BILL CONNELLY, Chair of the Butte County Board of.Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board By Deputy GAORDINANCEIWind Turbine Ordinance. DOC 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530)538-7785 Facsimile www: buttecou nty: n et/d ds ADMINISTRATION * BUILDING * PLANNING Subject: Windmill Meeting with Ag, Farm Bureau, Cattlemen, Aerial Spray, Wind Turbine Businesses Dear Interested- Parties: Butte County Development Services Department (DDS) would like to invite you to a meeting to discuss the location and permitting process for wind turbines in Butte County's Agricultural areas. When: Wednesday, January 19, 2011.10:00 AM -12:00 PM. Where: 3A County Center Drive, Oroville, CA 95965 (Located next to Human Resources, behind Development Services) What: The' Butte County Board of • Supervisors recently adopted a local Wind Turbine Ordinance on December 14, 2010. The Board directed staff to investigate whether modifications to the ordinance regarding the placement and permitting of wind turbines could be of benefit with the County's Agricultural areas. Wind turbines can provide relatively inexpensive energy. They also present concerns relative to noise and aerial applications to ag land. Summary of the wind turbine ordinance adopted December 14, 2010 o The proposed wind turbine ordinance would allow small wind turbines in agricultural, timber production; industrial, commercial, unclassified, foothill recreational, mountain recreation, and public/quasi-public zones with minor use permits. See Table A below. c It would allow large turbines, in these same mostly 'non-residential zones with the issuance of a use permit. o It _would prohibit the placement of wind turbines in the County's more dense residential zones. o Small wind turbines, defined as "wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power." o Large turbines are defined as "any wind energy conversion system, that is not classified as a Small Wind Turbine." Table A ® Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist-Priolo Earthquake Fault Zones; or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. o The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. c The required setback from all property lines shall be equal to .the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. o Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and any wind turbines shall be removed if it remains inoperable for a period exceeding 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. ® The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater If you have questions, please do not hesitate to contact Stacey Jolliffe at 5')0-538-6573 or siolliffe@buttecolLnty.net. Sincerely, Chuck Thistlethwaite Planning Manager Zoning District A, TPZ, M-1, M- L -I, C-1, C-2, C- AR, FR, MR, SR, MHP, R-1 to 2, C, P -Q, R -P TM, U, N -C, H- R-4, SH, PUD, C, P -Q RN, RT Large Wind UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine ® Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist-Priolo Earthquake Fault Zones; or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. o The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. c The required setback from all property lines shall be equal to .the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. o Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and any wind turbines shall be removed if it remains inoperable for a period exceeding 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. ® The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater If you have questions, please do not hesitate to contact Stacey Jolliffe at 5')0-538-6573 or siolliffe@buttecolLnty.net. Sincerely, Chuck Thistlethwaite Planning Manager - • .0 - a FOIL. MV, Fact Sheet on the Dangerous Effects Towers Pose to the Aerial Application Industry r �• Construction of towers on or near agricultural cropland throughout the U.S. is an area of concern to - the aerial application industry. The number of telecommunications, wind energy and other towers erected in agricultural regions throughout the country has increased -significantly over the past several , years and the demand for these towers will only continue as wind energy development is projected to ' grow considerably across the country. These vertical obstacles are a major safety concern to aerial A_ ...` - applicators and can significantly hamper their access to cropland, in turn detrimentally affecting' , agricultural production. Towers are a safety concern to our nation's, aerial applicators because they are sometimes constructed •„ " `? on or near agricultural land and are not properly marked with lights or other devices denoting their ` ~ '•', . _ *presence. Sadly, in the past decade, 7.8 percent'of aerial application fatalities were the result of- , • collisions with towers; these collisions are almost always fatal. Wind energy towers pose the greatest z, safety and accessibility threats to agricultural aviators not only because of their size, but also because they are expected to become more widespread in the coming years.- These towers are often clustered closely together, creating ominous obstacles for pilots. Without sensible placement and proper marking of towers in agricultural areas, farmers may be at .l' risk of losing important aerial application services performed on their cropland.' Towers erected • ' f' " • ' directly in the flight path of aerial applicators' landing strips and/or hampering the accessibility of - treatable cropland could literally shut down aerial application operations. This would detrimentally ,affect, in some instances, the only method farmers have available to thein when the time comes to , : apply seeds, fertilizers and crop protection chemicals, necessary to foster crop growth. Aircraft help ; in treating wet fields when crop foliage is too dense to allow ground rigs to enter. Aerial application , '- also results in no soil compaction. An aircraft can accomplish three times the amount in a day than, { ' - any other form of application. NAAA is concerned that as the demand for communication, wind energy and other towers - increases—as projected—farmers will enter'into leasing agreements with tower construction y companies to erect these obstacles on their land without taking into account the safety and agricultural production issues of the aerial applicator. NAAA advocates that the erection of these: -, towers should be away from land. `, "' I f prime agricultural ,­.' NAAA has established the following safety guidelines that it requests"are'met before constructing Stowers (including wind turbines and the associated meteorological towers) so they will pose a ' • 'reduced risk for aerial applicators: AAA Tower Safety Guideline r • ➢ Towers should not be erected on prime agricultural land in a manner that may inhibit'aerial applicators' access and ability to treat the land. Petitions for constructing towers should be provided to the local government zoning 'authority, landowners and/or farmers and aerial applicators within at least a one-half mile -radius of a proposed tower, as well as the state or regional agricultural aviation association, • ", ' (See reverse side for more information) Let's Be Fair About Sharing Tl it National Agricultural Aviation A iation. Page 1 of 2 NAAASearch this site: SEARCH e My Profile Contact Member Directory Site Map Login HOME I ABOUT NAAA I NAAA's PARTNERS I CONVENTION and MEETINGS NEWS and PUBLICATIONS I MEMBERS ONLY POLICY INITIATIVES ABOUT AG AVIATION MEMBERSHIP CAREERS TABLE OF Let's Be Fair About Sharing The Air CONTENTS Low -Level Aviators Face Challenges with Tower Obstacles RELATED CONTENT Fact Sheet on the Dangerous Environmental Policy Wind energy development appears poised for rapid growth in the United States. The U.S. Effects Towers Pose to the Tax Policy Department of Energy has suggested that wind could supply up to 20 percent of the Aerial Application Industry Transportation Policy nation's energy by 2030. Some are advocating for an even more ambitious goal of 25 x Security Policy '25: a national standard that would require 25 percent of electricity to come from renewable Towers Policy energy sources by 2025. Already, a majority of states have enacted some form of LET'S FIX THIS FATAL Learn More renewable electricity standard, although those standards vary considerably from state to FLAN state. The National Agricultural Aviation Association (NAAA) and the aerial application Public Outreach Tools industry support responsible wind power development but are concerned about the Y4 unintended consequences that wind energy siting can have on arable farmland and Tower Links Percent of agricultural aviation aviation safety. fatalities Involving collisions Grassroots Advocacy with wires or towers over the last wiears AgAv PAC The airspace aerial applicators work in is becoming increasingly obstructed by 10 y transmission lines, communication towers, wind turbines and hard -to -see meteorological testing towers. That poses a real concern to the aerial application industry, not just in 14 terms of safety, but also in terms of accessing farmers' fields to treat their crops, since Fatalities from collisions with many prime wind -energy development areas are located in rural, agriculturally rich areas. power lines and supporting The obvious concerns the aerial application industry has with the construction of towers in structures since 2000 rural areas relate to safety. Towers are one of the most dangerous obstacles an a agricultural pilot encounters. A single fatal accident in the industry is one too many, and in Fatalities Involving collisions with the past decade there have been seven fatal accidents involving collisions with towers and towers since 2000 an additional 14 fatalities involving collisions with power lines. Nearly 24 percent of the fatal accidents reported over the last 10 years have involved collisions with wires or towers. One accident is one too many Without sensible placement and proper marking of towers, farmers may be at risk of losing important aerial application services performed on their cropland. This would detrimentally affect, in some instances, the only method farmers have available to them when the time comes to appy seeds, fertilizers and crop protection chemicals necessary to foster crop growth. NAAA and its state association partners are working hard to make towers more visible for low -altitude pilots and to develop policies that consider aviation safety. NAAA's Tower Safety Guidelines encourage developers not to erect wind towers on prime farmland in a manner that may inhibit aerial applicators' access and ability to treat the land. NAAA has also developed a series of Wind Tower Education Ad Slicks and radio scripts designed to raise awareness about the issues surrounding wind turbines and meteorological towers proliferating across America's farmland. Some ads focus on the dangers of unmarked testing towers to pilots of low tying aircraft; others address the safety and accessibility concerns associated with wind turbines. These obstacles are not just an aerial application concern. Improper wind turbine siting may negatively affect emergency medical flights, aerial firefighters, pipeline patrol planes and other low-flying operations. It is not just an aviation concern. Landowners are being asked to make crucial decisions that will impact farmers and their neighbors for years to come. NAAA encourages anyone considering leasing their wind rights to think seriously about the potential upsides and downsides before signing an agreement. Please explore the following pages to.leam more about the impact of wind towers on aviation and agriculture. h"://www.agaviation.org/content/lets-be-fair-about-sharing-air 1/7/2011 no later than 30 days before tower construction permits are considered for approval. This information should include the proposed location of- * - each turbine generator o each meteorological tower including the height to be associated with the wind farm o the distribution sub -station and any connecting power lines from the generators o power lines connecting the sub -station to the existing electrical power grid. ➢ If a proposed tower is to be constructed on prime agricultural land or in the vicinity of such land in way that may inhibit an aerial applicator's access, person(s) that own and/or farm such land should be made aware by the entity responsible for that tower that it may result in the land no longer being accessible to aerial applicators and in the event of a pest outbreak or plant disease a crop on such land may be put in jeopardy of not being treated. ➢ In the event that a proposed tower is constructed on prime agricultural land or in the vicinity of such land, towers should be freestanding and without guy wires. Furthermore, towers should be well lit and properly marked so they are clearly visible to aerial applicators. ➢ Towers erected with guy wires, including meteorological testing towers, should be marked with four high -visibility cable balls on the outer guy wires (one on each at 37m [approximately half way up the tower] with a diameter of 53 cm). These towers should also be equipped with 16 high -visibility flags installed on the outer guy wires (four per wire, .78m long and Arn wide). In addition, these towers should be equipped with 16 high -visibility sleeves, one per each anchor and one installed at 8m height on each of the outer guy wires. These marking mechanisms must be maintained frequently to ensure their visibility and attachment to the wires. ➢ , In the event that a number of proposed towers are to be constructed on prime agricultural land or in the vicinity of such land, the towers should be constructed in a linear pattern, rather than a random, clustered pattern that would make an area completely inaccessible by air. ➢ During construction and upon completion, the operator of the wind farm should provide detailed field layout information to the local government zoning authority and make this information available to those working in close proximity to that area. NAAA represents over 1,600 members in 46 states. NAAA member operator/pilots are licensed as commercial applicators that use aircraft to enhance food, fiber and bio -fuel production, protect forestry, and control health - threatening pests. Furthermore, through its affiliation with the National Agricultural Aviation Research & Education Fund (NAAREF), NAAA contributes to research and education programs aimed at enhancing the efficacy and safety of aerial application. For more information please contact Andrew Moore, NAAA"s Executive Director, or Keeley Mullis, Coordinator of Govemment & Public Relations at 202-546-5722 [Updated Janua 201 1005 E Street, S.E., Washington, D.C. 20003 Telephone: 202-546-5722 // Fax: 202-546-5726 // information@agaviation.org AMERICAN WIND ENERG'SSOCIATION Learn About Wind er I Small & Co... Page 1 of 1 Learn About Wind Power .. Small & Community Wind Small& Community Wind .-..-.-.— .... -_._....._._.._...---.._.._.._.___._......--.-.----.-.--._..._..-.—_.......... -.......... _... --........ _................ -._.._._-_................. State Information Small wind turbines are electric generators that utilize wind energy to produce clean, emissions - free power for individual homes, farms, and small businesses. With this simple and increasingly Equipment Providers o ular technology, p p individuals can generate their own power and cut their energy bills while Home Energy Systems Forum helping to protect the environment The U':S leads the world in the production of small wind) ............... :............................... _..---..................... .... ........................... .... ......................... .......... turbines _which are defined as having rated_ capacities of 100_kilowattsand-leis ,.and the market is - -- Utility Scale Wind expected to continue strong growth through the next decade. ........ _._.-............................. _....................... _........................ _....................... -_._............... Education Downloads - Quick Links Publications 2010 Community Wind Policy Position Paper (41 KB) US Projects Database 2010 AWEA Small Wind Global Market Study (5MB) .... _..... _..... _.......... - - ...._._......_.._ ....---.................. About AWEA 2009 AWEA Small Wind Global Market Study (4.2MB) __.-.................... _._.__.-..........._._.......................__._-_._._........._.-............_.._._ 2008 AWEA Small Wind Global Market Study (307KB) Small Turbine Standard (208KB) U.S. Small Wind Turbine Industry Roadmap (747KB) Policies to Promote Small Wind Turbines - A Policy Menu for Stale and Local Governments (2MB) In the Public Interest: How and Why to Permit for Small Wind Systems (5.4MB) AMERICAN WIND ENERGY ASSOCIATIONO 1501 M Street. NW. Suite 1000 1 Washington. DC 20005 1 Phone: 202.383.25001 Fax: 202.383.25051 windmail(aawea.onl Copyright 1996 2011 Amencan Wrid Energy Association. All Rights Reserved. Pnvacv.Policv Please report bad links and technical problems to web support http://www.awea.org/la—Smallwind.cfm 1/18/2011 Small Wind Energy~« Interst enewable Energy Council y,'� �w Page li of l ' F y` ' f: SMALL WIND ENERGY ' r IREC provides a forum to exchange information on small wind energy issues. IREC ` ~' organizes an annual Small Wnd State Stakeholder Meeting and facilitates a group working to establish certification for small wind turbines. On this page, you'll find the latest news, resources; links and -a quarterly newsletteraboukwind tuttiines-rated,100kUV or less r-- -- 2/24/10: The Small Wind Certification Council (SWCC) as an independent certification Rome I About IREC I Programs I News and Events I Join IREC body, certifies that small wind turbines meet or exceed the performance, durability, and 1 safety requirements of the Small Wind Turbine Performance and Safety Standard. This ' certification provides a common North American standard for reporting turbine energy and • sound performance, and helps small wind technology gain mainstream acceptance. IREC • helped facilitate the formation of SWCC. Visit the SWCC website. �. f Photo by Mike Jenks, NREL r' • ` 14 L Rome I About IREC I Programs I News and Events I Join IREC I Make a Donation I Contact Us P Link Policy 4 _ Igo •4 F . • Ccpynght O 1998 - 2011 Interstate .Renewable Energy Council , • . `" ) -'a. _ ..ti -. ^•" •• .Tri, i ,. r. / • .i' ^� �' .,,Y . , ,fir. t4 4t' , ,h i' http://irecu.sa.org/irec-programs/small-wind-energy/ ,,l/18/2011 cisco) or the similar developments in San Gorgonio Pass (near Palm Springs) and • near Tehachapi. These utility -scale wind turbines often produce 500 kW of power or more and have rotor blades that are as ` much as 100 feet long. Very few individual consumers will have the need for a large- ' + scale wind turbine to supply their own electricity. _ Tfi( focus_of, this guide is on small wind Cturbine's; which generally are defined'as` Coll r r a Small , Electric Systems '• guide does not attempt to cover topics rel- Ptr�no more than 50 kW (ap �oxi-�-"±7 evant to larger systems. Nor does this. mately 67 horsepower). Small wind guide discuss off -grid systems in any de- turbines are designed to be installed at tail, since these systems are not covered by homes, farms, and small businesses to off - the rebate program. With the recent in- set utility power and reduce electric bills. ' - creases in electricity prices, many people How Do Small Wind Turbines Work? are thinking seriously about using small wind and solar systems to generate .part A wind turbine turns the kinetic energy } or all of their own electricity. If you are in the wind into electrical energy. The one of those people, this guide is designed heart of a wind turbine is the rotor, which •• for you. usually is composed of two or three blades.. , Understanding the Technology The blades of a wind turbine are like the ` wings of an airplane. They have shapes " Windmills, Large Wind Turbines and Small (called airfoils) that are very efficient in " Wind Turbines converting the force of the wind into ro-, tational energy. The rotary force produced ' A wind turbine is a device that uses by the blades drives an electrical genera - wind energy to produce electricity.Incon- tor, which converts the force into ' trast to a windmill's water pump, a wind _ r electricity. .' turbine has an electrical generator. Water- The major components of a wind sys- ' 7 pumping windmills have many blades tem are shown'in Figure 1. While there are r because they have to produce high torque other configurations of wind turbines, the - to lift water from a great depth. Wind tur- one shown is the most common type. J } f bines have only two or three blades ` because they need to spin at high speeds to drive the electric generator. Wind tur- I(tdTo Prf4lYsl i ; ,.. bine blades are also more efficient at extracting energy from the wind than are the blades of a windmill. tag Large wind turbines are usually in- "'' stalled in clusters called windfarms, where all of the power is sold to a utility or other electric service provider under a long-term sales contract. Many Californians have r Figure I - seen the windfarm developments in the c Altamont Pass (southeast of San Fran- cisco) or the similar developments in San Gorgonio Pass (near Palm Springs) and • near Tehachapi. These utility -scale wind turbines often produce 500 kW of power or more and have rotor blades that are as ` much as 100 feet long. Very few individual consumers will have the need for a large- ' + scale wind turbine to supply their own electricity. _ Tfi( focus_of, this guide is on small wind Cturbine's; which generally are defined'as` V { n ';, n•t "ice � � p - �-�*U•..+Y�.....Iti..,�>. .%:. .:+..-., rr5 .+tea. .+tee-_ P�.'4..a . .+*�-�•r+••. . i Scott Jackson �• - President scottj@chico.com c. 530.321.5590 ® *' I - 1 EHI 2610 Hwy 32 Ste Aj • r=O Chico, CA 95973 530.894.5590 SHACKS p• -530.894:5051 -T- E -D f. ' a www.powersha ks.c'rom ;•' f p I • - r � ', l Vit.. , � '. �' POWER SHACKS world Ag Show / California I N CO R P OR A T E D "How to get an $95,000 windmill for under $16,000" Farmers and Ranchers, this is not a misprint. If your farm or ranch is in California, this is very real !! Let me Explain: The California Energy Commission has CASH rebates for this 25,000 watt wind mill that is certified by the California Energy Commission. The state of California rebates $51,187.00 cash. The Federal Government gives a cash grant, (Treasury Sec. 1603), for it's Investment Tax Credit of 30% of the total project cost. A typical cost for the engineering of the site, shipping to Oakland, and installation costs average about $95,000.00. The Energy Commission's usually get their rebates out within 30 days of the permit final of the project. The IRS grant is paid as cash to Agriculture, business or commercial projects. If the project is a residential installation, the IRS can only be given as a tax credit, which may be rolled over up to six years, on IRS Form 3468. The Harvest: This turbine, the Aero Wind 25kw, is especially designed to start at low end wind speeds. The cut in is 6.5 mph. Most areas of California average 10.25 mph at 60 feet of height, many locations have a much higher average wind speed. 10.25 mph is very conservative. Using 10.25mph as an average wind speed, the harvest of this wind turbine will be around 29,000 kwh., annually. The ROI: The Return Of Investment is very quick with the State and Federal incentives deducted for the selling price. At a wind speed of 10.25mph, annual average, This wind turbine will pay for itself in under 3 years. This assumes that your cost of electricity is about 18 cents per kwh. Best Regards D Scott Jackson President (530) 894-5590 www.powershacks.com 2610 Hwy 32 Suite B, Chico, CA 95973, (530) 894-5590, scottj@chico.com, www.power'shacks.com 0 Overcoming Barriers Expanding the Market for Agricultural Small Wind Energy Systems • Small Wind 102: Economics Making the numbers work • Small Wind 103: Siting Issues Addressing permit requirements, height restrictions, and environmental concerns • Small Wind 104: Grid Interconnection Reaching an agreement with your utility Scott Jackson, CEO Power Shacks, Inc 25,000 WATTSYSTEM 2005 2010 SOLAR WIND SOLAR WIND $2009000.00 $ 84,000.00 $150,0000,00 $"95,500.00 '. (106,875.00) (245000.00) CEC (8,312.00) (519187.00) (2,000.00) (2,000.00) IRS_ ITC (45,000.00) (289600.00) TOTAL PROJECT COST AFTER INCENTIVES � $ 91,125.00 $ 5800.00 $ 96,688.00 $ 159563.00 PER WATT $ 3.64 $ 2.32 $ 3:87 $ .62 WWW. THE WINDMILLPE OPLE. C OM POWER, S 3HflC IN GOR PO RATED 530-894-5590 www.powershacks.com Tower 59 ft upgrade Mounting: GALVY 59' Monopole Grid -Tie? On Grid Total System Watts: 25,000 Configuration: Mono Pole Tower Estimate generated kWh per month: 2200 to 4000 Estimate generated kWh per year: 26400 to 48000 Month peak estimate kWh: 4400 Aero Wind Energy 25 kW Wind Turbine Free Standing Monopole 59' Tower Deluxe blade set/flange/hub ler On -Grid Turbine Controller '(s) 3 SMA Windy Boy -8000 -US (240-277V) 96.5% efficiency 5 year Warranty Taxes/Bond/outport/entry/forklift Included Note: Your available rebate Is calculated by multiplying the first 10,000 watts, by $3.00 and the remainder by $1.50, then add the two products together for your estimated rebate amount As CEC calculates the final rebate, Power Shacks, Inc cannot be responsible for any final Incentive amount awarded. Acceptance to be by separate Sales Agreement System Equipment Cost to Include: Shipping/Freight to Oakland, CA., Insurance; California Sales Tax Ag 2.5% Engineering for tower and foundation by licensed Engineer. Any additional engineering is buyer's responsibitily. Preparation for PGE E -Net Program, Site Drafting, and Rebate Processing. Total System Cost Does not include any Permits Total Installation Cost (Estimate) This is not an offer to perform any installation, but only the designers estimate of the installation cost. To recover installation costs as part of any rebate, purchaser must execute a written contract with a licensed contractor to perform the installation Total System Cost LESS CEC Calculated Rebate Estimate Fed's ITC (Investment Tax Credit Form IRS 3468) Net Cost After Rebate/Credits Date 6 -Jan -11 This quote prepared for: $ 62,084.88 $ 2,946.95 $ 66,583.95 $ 28,750.00 $ 95,333.95 ($51,187.00) $ 44,146.95 ($28,600.19) $ 15,546.77 $0.62 per watt Farm Bureau This proposal expires in 30 days. Includes New California Rebate Note: Building jurisdictions have separate requirements. As a result, we do not include cost estimates for any of the Building Permits. Some counties require USE Permits, and some require Engineered Soils Analysis. These costs and requirements will be determined during the proposal period, at the owner's expense. A E R O W I N D E N E R G Y THE AERO WIND ENERGY AWE -25 WINDMILL IS A GRID TIED SYSTEM USING THE HIGHTEST EFFI- CIENT INVERTER RATED BY THE CALIFORNIA ENERGY COMMISSION. IT WILL GIVE AN AN- MLYU HARVEST FROM-26;OOOrKW>-VVER _ 36,000Kwh. .5 Year warranty * Certified by the California Energy Commission AWE-25Kw Specifications ;.. _ m�,taiifornia . ENERGYcaMMissioa Blade diameter 32 R Blade material/quantity FRP/3 Rated power (w) 25K/30K Rated wind (m 27 Start-up wind speed ms 3 -Working m/s 425 Survival wind speed ms 50 Rated(r/min) 185 Wo&ing voltage v DC540 / AC380 GeneratorThree-phase AC PM Power supply method Three-phase whole -wave bridge rectifier constant DC charger DC voltage charge Speed meWon Yawing Shut down method Hand/Electric winch. Tower height m 15M(optional) Turbine main body weight k) 1370k g Battery bank(Opiionai) [ 12V.200AH]X45 or [2V.ZOOAI-1) X270 Aero W and Energy Inc. For all inquires, contact Scott Jackson Tel: (530) 894-5590.. • ' www"mw.indencra.com or info@aeruwindenergy.com _WINDY BOY 5000US / 6000US / 7000US / 8000US «' - F1 7 • UL:1741%IEEE•1547 compliant Sealed electronics_ enclosure & •'Rugged cast aluminum outdoor E •'10 -year limited standard warranty �optiCoolM rated_ enclosure dd • CEC efficiency of up to 96% Comprehensive SMA f -communications and data O US collection options 1 'WINDY BOY 500.OUS / 6000US / 7000US,/ '8000US The customized solution for wind turbine systems Windy Boy inverters combine the some proven technology present in all Sunny'Boy inverters with special firmware that permits direct grid -tied operation with abroad range of wind turbines -without batteries. -This greatly reduces the overall system cost because compo, ne'nts such as the charge controller, batteries and associated switch gear can be eliminated. Increased total energy capture combined with a reduction of balance of system components greatly. reduces the installation and operating costs of a grid -tied wind system. Contact your local wind turbine supplier for information on compatible wind turbine models and system design considerations. 1 r - A 7 KA •. , - ..ms�s+ � ri� _ yr .,,. ,.e .� `` 3 � ,. iy r1 55 � `•y v; , .'R � t� C ;� �r k4 � • • UL:1741%IEEE•1547 compliant Sealed electronics_ enclosure & •'Rugged cast aluminum outdoor E •'10 -year limited standard warranty �optiCoolM rated_ enclosure dd • CEC efficiency of up to 96% Comprehensive SMA f -communications and data O US collection options 1 'WINDY BOY 500.OUS / 6000US / 7000US,/ '8000US The customized solution for wind turbine systems Windy Boy inverters combine the some proven technology present in all Sunny'Boy inverters with special firmware that permits direct grid -tied operation with abroad range of wind turbines -without batteries. -This greatly reduces the overall system cost because compo, ne'nts such as the charge controller, batteries and associated switch gear can be eliminated. Increased total energy capture combined with a reduction of balance of system components greatly. reduces the installation and operating costs of a grid -tied wind system. Contact your local wind turbine supplier for information on compatible wind turbine models and system design considerations. Technical Data AC Nominal Voltage /Range IFWindy Windy Boy Windy BoyIF Boy Windy Boy 211-264V@240V 211-264V@240V IL183-229V@208V 5000US 6000U5 7000US 8000US Maximum Recommended DC Input Power 244 - 305 V @ 277 V 5300 W 6350 W 7450 W 8000 W @ 240 VAc 95.5% / 95.5% / 96.0%N/A / 96.0% / 96.0% 3 Dimensions W /H /_Din inches 18.4 / 24.1 / 9.5 18.4 / 24.1,/ 9.5 8400 W @ 277 VAc Maximum DC Voltage 600 V 600 V 600 V 600 V _ Peak Power.Tracking Voltage 250 - 550 V 250 --550 V =250 --550 V 300 - 550 V DC Maximum Input Current 21 A 25 A 30 A 30 A _DC Voltage Rioole _ < 10% < 10% < 10% < 10% =Number of Fused String Inputs =1 1 1 4 4 DC Start Voltage (adjustable) 300 V I r 300 V 300 V 365 V AC Nominal Power 5000 W 6000 W IF 7000 W 7680 W @ 240 VAC Mounting Location In-/Outdoor,(NEMA 3Rj •%• •%• •/• •/• _ 8000 W @ 277 VAc AC Maximum Output Power 5100 W 6100 W 71100W 7680 W @ 240 VAc 8100 W @ 277 VAc AC Maximum Output Current • /Q/C7 27.9 A, 24.1 A, 20.9 A 33.3 A, 28.9 A, 25.0 A 34.0 A, 34.0 A, 32.0 A N/A, 32.0 A, 32.0 A 277 V) m _1998, FCC Part 15 A & B • I • AC Nominal Voltage /Range 183 - 229 V @ 208 V H9.3Hz 183 - 229 V @ 208 V N/A Power Factor 211-264V@240V 211-264V@240V IL183-229V@208V 211-264V@240V L211 -264V@240V Peak Inverter. Efficiency 244 - 305 V @ 277 V 244 - 305 V @ 277 V 244 - 305 V @ 277 V 244.;- 305 V @ 277 V AC Frequency_/ Range1 60 Hz_ H9.3Hz 60 Hz/59.3-_60.5 Hz 60 Hz/59.3-_60.5 Hz r Power Factor 1 1o 1 1 1 = Peak Inverter. Efficiency 96.8% 97% 97.1 1 96.5% - CEC Weighted Efficiency (208/240/277 V( 95.5%/ 95.5%/ 95.5% 95.5%/ 96.0%/96.0% 95.5% / 95.5% / 96.0%N/A / 96.0% / 96.0% 3 Dimensions W /H /_Din inches 18.4 / 24.1 / 9.5 18.4 / 24.1,/ 9.5 18.4 / 24.1,/ 9.571 r­18--A-/-24.I,-/9:5 Weight /Shipping Weight 141 lbs / 148 lbs 141 Ibs / 148 lbs 141 -lbs / 148 lbs 148 lbs / 152 lbs -_ Ambient Temperature Range 1 r -13 °F to 113 °F -13 °F to 113 °F -13 °F to 113 °F -13 °F to 113 °F Power Consumption in Standby I 0.1 W 0.1 W 0.1 W 0.1 W - Topology Low frequency transformer, low frequency transformer, Low frequency transformer, Low frequency transformer, true sine wave true sine wave true sine wave true sine wave _ Cooling Concept OpticoolTM OptiCoolT" OpticoolTM OptiC001T , d forced active cooling forced active cooling forced active cooling forced active cooling ; Mounting Location In-/Outdoor,(NEMA 3Rj •%• •%• •/• •/• _ ACDDis la I• • • • Communication: R S 4 8 5 /_Wireless Warranty: 10 -year / 15 -year / ,ear0-year • /(7/(7 • /Q/C7 • /Q/C7 • /CJ/O Compliance: IEEE -929, IEEE -1547, UL 1741, UL m _1998, FCC Part 15 A & B • I • • • s NOTE: US inverters ship with gray lids. 2 E • Standard equipment_O Optional Data at nominal conditions Public Grid < JS WINDY BOY Overvoltage 5000US / 6000US / Wind Turbine Rectifier Protection 7000US or 8000US ------------- or i Island Grid with SUNNY ISLAND 3 a 3 Tel. +1 916 625 0870 Toll Free +1 888 4 SMA USA www.SMA-America.com SMA America, LLC YEAR ENDING 2009 AWEA.- Small Wind Reaches 100 MW Milestone in U.S. with 15% Growth I -Despite an economic downturn, the U.S. market for small wind turbines - those with rated capacities of 100 kilowatts (kW)' sand less - grew 15% in 2009with20.3 Megawatts (MW) of new capacity and $82.4 million in sales. This growth equates to nearly 10,000 new units and pushes the total installed capacity in the U.S. to 100 MW.2 Half of this 100 -MW milestone capacity came within the past three years of the industry's 80 -year history. Manufacturers attribute this growth to a mixture of new and improved federal and state incentives, optimistic private equity investors, and sustained consumer demand. The 2009 American Recovery and Reinvestment Act expanded the federal investment tax credit (ITC) for small wind turbines, allowing consumers to take fully 30% of the total cost of a small wind system as a tax credit. In 2009 an additional $80 million of private equity was invested into manufacturing companies during the peak of the economic recession, boosting to at least $252.7 million the total of outside equity invested across 20 manufacturers (most of them U.S.-based) over the past five years. This investment provided companies with capital to increase production, lower costs, meet sustained demand, and even acquire competitors. Table 1 rr. a= r�• 20.3 MW 42.5 MW 15% growth over 2008 10% growth over 2008 9,800 units 21,000 units i 1_1__.1_.1___ _ __ _1________,_ _._l ____. _.__.._.._..- $83 million in sales $189 million in sales Other Key Statistics: ► 95% of all small wind systems sold in the U.S. last year were made by U.S. manufacturers ► 2/3 of all small wind systems sold in the world last year were made by U.S. manufacturers ► Approximately 250 companies worldwide manufacture or plan to manufacture small wind turbines, 95 of which— more than one-third—are based in the U.S. ► An estimated 100,000 units have been sold in the U.S. since 19803 0 20'10 SMALL WIND TURBINE GLOBAL MARKET STUDY 1 3 ZCAIO-00.04 Wind ,Turbine Ordinance Butte County Board of Supervisors December 14; 2010 Assembly Bill 45 (AB45) o -State standards will be imposed on local, jurisdictions unless local regulations are s adopted by January 1, 2011. ❑ After this date, AB45 will prohibit the county from imposing conditions relating to specified: aspects of wind systems that are more restrictive than the state standards y by ZCAIO-00.04 Wind ,Turbine Ordinance Butte County Board of Supervisors December 14; 2010 Assembly Bill 45 (AB45) o -State standards will be imposed on local, jurisdictions unless local regulations are s adopted by January 1, 2011. ❑ After this date, AB45 will prohibit the county from imposing conditions relating to specified: aspects of wind systems that are more restrictive than the state standards by ' y ,1 ' [5 a Zoning District ~ L -I, C-1, C-2, AR; FR, MR, . . . 1' C -C, P -Q, R -P TM, U, N -C, to R-4, SH, it PUD RN RT Large Wind UP UP UP Not allowed •Turbine a7 Small Wind MUP MUP MUP i Turbine f n Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR; FR, MR, SR, MHP, R-1 < M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, it PUD RN RT Large Wind UP UP UP Not allowed •Turbine Small Wind MUP MUP MUP i Turbine f is r tr. y " t i Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR; FR, MR, SR, MHP, R-1 < M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, it PUD RN RT Large Wind UP UP UP Not allowed •Turbine Small Wind MUP MUP MUP i Turbine - is r y Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR; FR, MR, SR, MHP, R-1 < M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P -Q PUD RN RT Large Wind UP UP UP Not allowed •Turbine Small Wind MUP MUP MUP Not allowed Turbine - Placement of Wind Turbines would be prohibited on land within: .❑ City Spheres of Influence unless permitted by the City; ❑ Airport Land Use Compatibility Zones; ;❑ Conservation;open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; ❑ ' 'Alquist Priolo Earthquake Fault Zones; OR ❑ Within 1,000 feet of any of the following: A residence, excepting residences on the same parcel and residences owned by the applicant SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, Property on national or California historic registers Designated scenic resources f General Requirements Applicable to existing and future turbines .o Wind turbines shall be painted a neutral, non -reflective color, ❑ Power lines shall be placed underground when feasible, ❑ Appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, ❑ Wind turbines and related equipment will not be used to advertise or promote any product or service, and ❑ Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. ❑ Noise levels shall not exceed 45 decibels as measured at the nearest property line, ❑ Wind turbines shall be removed if they remain inoperable for 12 consecutive months. ❑• After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions, . a F _ � M. t. F f4 Placement of Wind Turbines would be prohibited on land within: .❑ City Spheres of Influence unless permitted by the City; ❑ Airport Land Use Compatibility Zones; ;❑ Conservation;open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; ❑ ' 'Alquist Priolo Earthquake Fault Zones; OR ❑ Within 1,000 feet of any of the following: A residence, excepting residences on the same parcel and residences owned by the applicant SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, Property on national or California historic registers Designated scenic resources f General Requirements Applicable to existing and future turbines .o Wind turbines shall be painted a neutral, non -reflective color, ❑ Power lines shall be placed underground when feasible, ❑ Appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, ❑ Wind turbines and related equipment will not be used to advertise or promote any product or service, and ❑ Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. ❑ Noise levels shall not exceed 45 decibels as measured at the nearest property line, ❑ Wind turbines shall be removed if they remain inoperable for 12 consecutive months. ❑• After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions, . Recommended Changes to the Proposed Ordinance from Commission.,. The Planning Commission recommends modifications .to the proposed ordinance ❑ to measure tower height consistent with industry and state standards, which is to the highest point of the, fixed tower, rather than to the top' of the 'turbine/blade. ". o that residences on the same parcel and other residences owned by the applicant not be included in, the prohibition against residences within 1,000 feet of a wind turbine. Height and Setback Requirements - ❑ The setback from allproperty lines shall be equal to the height of the wind turbine, except in agricultural zones, in which case, the setback by the applicable zoning district,'may apply. ; ❑ The maximum height of small wind turbine towers Y (fixed portion; not the blade), shall be: r - 1. ' 60 feet on parcels <5 acres in size 2:. 80 feet on parcels 5+ acres • �I f Height and Setback Requirements - ❑ The setback from allproperty lines shall be equal to the height of the wind turbine, except in agricultural zones, in which case, the setback by the applicable zoning district,'may apply. ; ❑ The maximum height of small wind turbine towers Y (fixed portion; not the blade), shall be: r - 1. ' 60 feet on parcels <5 acres in size 2:. 80 feet on parcels 5+ acres f • _ Height and Setback Requirements - ❑ The setback from allproperty lines shall be equal to the height of the wind turbine, except in agricultural zones, in which case, the setback by the applicable zoning district,'may apply. ; ❑ The maximum height of small wind turbine towers Y (fixed portion; not the blade), shall be: r - 1. ' 60 feet on parcels <5 acres in size 2:. 80 feet on parcels 5+ acres _ • _ t • 4 f GP2030 COS Policy 3.7 COS -P.3.7 Wind power -'generation facilities, solar power generation facilities, , and .other alternative energy facilities shall be conditionally permitted in the Agriculture, Agriculture • Services, • Timber Mountain, Industrial and Public land use ' designations, provided that significant adverse environmental ,impacts associated with such development can be successfully mitigated. . Y _ yfi t GP2030. COS Action 1.3 ' 3 =I n W ' K ^ ;f. r r J '1 :t f GP2030 COS Policy 3.7 COS -P.3.7 Wind power -'generation facilities, solar power generation facilities, , and .other alternative energy facilities shall be conditionally permitted in the Agriculture, Agriculture • Services, • Timber Mountain, Industrial and Public land use ' designations, provided that significant adverse environmental ,impacts associated with such development can be successfully mitigated. . Y _ t GP2030. COS Action 1.3 ' 3 W ' K ^ COS -A1.3 Consider a contractual assessment program (similar to AB 811' r GP2030. COS Action 1.3 ' 3 ^ COS -A1.3 Consider a contractual assessment program (similar to AB 811' r '(Levine, 2008), for ,residential and commercial property '1 owners to install renewable energy systems such as solar and wind power, purchase energy efficient appliances and complete building retrofits such as installation of thermally ` + ' efficient windows and extra insulation, provided • that , R'subsidie§ are covered through or outside funding. t grants other ` sources and not from the General Fund. Recommendation With two changes to the proposed Ordinance, the Planning Commission recommends that the Board: ❑Adopt the attached Resolution adopting a Negative Declaration pursuant to the California Environmental Quality Act (CEQA), and ❑Adopt the attached Ordinance amending Chapter 24 of the Butte County Code (BCC) to add section 24-301 relative to design, placement and permitting of wind turbines t ❑Direct staff to investigate additional refinement in the comprehensive update to the County's Zoning ordinance, especially relative to noise measurement and enforcement criteria. L 2-0 /0 �=y z otic �� D'A 4-P6,20 Sf Cee",t *WWI /Cu S J4- IA,,, C� P, --,c - p c /-,c (i) " vvu—,(,A''o,-s o f4-, c �30 40 VVV c�� ss) � �a o DULY PASSED AND ADOPTED this 14th day of December 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board County of Butte, State of California 6of6 Bill Connelly, Chair • Board of Supervisors County of Butte, State of California Recommendation Adopt the attached resolution recommending approval of Zoning Code Amendment 10- 0004 to the Board of Supervisors. D �L r 1 • u ` ❑ , State standards will be imposed on local �y jurisdictions' unless local regulations•are adopted by January 1, 2011. •, ❑ After t•his date SB4-5 will prohibit the county from imposing conditions relating to specified - ti aspects of wind systems that "'are more +j x restrictive than the state standards ' r /l/rte/^/ t- r �� • �Y •� V L • .. ' 1 «. Senate Bill 45 (SB45) ` ❑ , State standards will be imposed on local �y jurisdictions' unless local regulations•are adopted by January 1, 2011. •, ❑ After t•his date SB4-5 will prohibit the county from imposing conditions relating to specified - ti aspects of wind systems that "'are more +j x restrictive than the state standards ' /l/rte/^/ t- r �� • �Y •� V L • .. ' ' a_ ,�- . ; qty •...�4, t °*�•Yr �.- - �-,�, �; _.�� � �. ,:- General Plan/Zoning Issues ZCA 10-0004 o will apply. to existing Zoning Ordinance ❑ Must be consistent with new 6P2030 ❑ Will be superseded by new Zoning Ordinance to implement GP2030 Project Descripti®n ❑ Small wind turbines, defined as "wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power." ❑ Large turbines are defined as "any wind energy conversion system that is not classified as a Small Table A Zonin District A, TP7_, M-1; L -I, C-1, C-2, AR, FR, MR, SR, MHP, R-1 M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P- PUD, RN, RT Large Wind UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine . 2 r � ❑ Wind turbines shall be painted a neutral, non -reflective color, ' ❑ Power lines shall be placed underground when feasible, ❑ Appropriate warning signs, no larger than 4 square feet, shall be placed on ' or near wind turbines, " ❑ Wind turbines and related equipment will not be used to advertise or promote any product or service, and o Wind turbines shall be placed and oriented to avoid casting a shadow or Placement of Wind Turbines would be prohibited on lanes within: ❑ City Spheres of Influence unless permitted by the City; ❑ Airport Land Use Compatibility. Zones; ❑ ' Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; o. Alquist Priolo Earthquake Fault Zones; OR ❑ Within 1,000 feet of any of the following: A residence, E SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, ti Property on national or California historic registers Designated scenic resources General Requirements ❑ Wind turbines shall be painted a neutral, non -reflective color, = ❑ Power lines shall be placed underground when feasible, ❑ Appropriate warning signs, no larger than 4 square feet, shall be placed on ' or near wind turbines, " ❑ Wind turbines and related equipment will not be used to advertise or promote any product or service, and o Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. ❑ Noise levels shall not exceed 45 decibels as measured at the nearest property line, ❑ Wind turbines shall be removed if they remain inoperable for 12 consecutive months. ❑ After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions Leight and Setback Requirements ❑ The setback from all property lines- shall be equal to the.height of the wind turbine (height of the blade),, except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. - ❑ The -maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1 60 feet on parcels:<5 acres in size 2. 80 feet on -parcels 5+ acres Additional Restrictions Contemplated ❑ Minimum parcel sizes ❑ `More rigorous noise standards 45dB should• be'45dBA 40 dBA still an annoyance to some `Not, audible beyond property line', No turbines in commercial and large lot . resdiential zones t� s t� { r F 4 r . .ti { 4 r � � i" � _ �. � � �. h i �" r L 4 f� 'a .. �' S �.. .. - � � � �. �" r L `� . 'a .. � i �.. ,, � � d i i � � J J � • a . ,1, 1 �� . x ,' � '* cs �" r L .. L � '_ • �. � i �.. .. _ d � �. i i �' 1, . x ,' � '* �" L . L � '_ • �. � f� �.. .. _ d � �. i i �' 1, i .. �. ,. - -r i ,; o��`CEOP PLAyVyC @A STATE OF CALIFORNIA m � a Governor's Office of Planning and Research f %` s State Clearinghouse and Planning Unit opo Arnold Schwarzenegger Cathleen Cox Governor Acting Director November 30, 2010 Stacey Jolliffe Butte County 7 County Center Drive Oroville, CA 95926 Subject: Wind Turbine Ordinance SCH#: 2010102051 Dear Stacey Jolliffe: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Dctails Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on November 29, 2010, and the comments from the responding agency (ics) is (arc) enclosed. If this comment package is not in order, please not the State Clearinghouse immediately. Please refer to the project's tcn-digit State Clearinghouse number in future correspondence so that we, may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which arc within an arca of expertise of the agency or which arc required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Scott Morgan Director, State Clearinghouse Enclosures cc: Resources Agency BUTTE COUNTY la 02 20910 IDiV EL.Oplii 1�j,T SERVE N) TENTH STREET. P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 446-0613 FAX (916) 323-3018 www,opr.ca.gov A Document Details Report State Clearinghouse Data Base , SCH# 20110102051 - Project Title Project Wind Turbine Ordinance .Lead Agency ' Butte County Type Neg Negative Declaration ( Description Butte County proposes to adopt a wind turbine ordinance (See Appendix A) which would allow small wind turbines in agricultural, timber production, industrial, commercial, unclassified, foothill recreational, mountain recreation, and public/quasi-public zones with minor use permits (A, TPZ, M-1, M-2, L -I, C-1, C-2, C -C; P -Q, R -P, AR, FR, TM, MR, U, N -C, H -C, and PQ): It would allow large turbines in these same mostly non-residential zones with the issuance of a use permit. It would prohibit the placement of wind turbines in the County's more dense residential zones (SR, MHP, R-1, R-2, R-3, and R-4, SH, PUD, RN, and RT), as summarized in Table A below. t Lead Agency Contact ' Name Stacey Jolliffe Agency Butte County Phone 530-538-6573. - Fax. email Address 7 County Center Drive City Oroville State CA Zip 95926 - Project Location County Butte City : Region Lat / Long Cross Streets Parcel No. Various Township Range Section Base Proximity to: Highways SR32, 99, 149, 70, 162, etc. . _ Airports Chico, Paradise, Oroville r Railways County -wide Waterways County -wide Schools County -wide Land Use County -wide: residential, commercial, industrial, Agricultural, foothill, timber mountain, scenic highway r. and vacant parcels- GP:T ProjectIssues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard;. Geologic/Seismic; Growth Inducing; Landuse; Minerals;. Noise; Population/Housing Balance; Public Services; Recreation/Parks; - Schools/Universities; Septic System; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian Reviewing. Resources Agency; Department of Conservation; Department of Fish and Game; Region 2; Agencies Department of Parks and Recreation; Department of Water Resources; Caltrans, Division of <`- Aeronautics; California Highway Patrol; Caltrans, District 3; Regional Water Quality Control Bd., Region 5 (Redding); California Energy Commission;' Native American Heritage Commission Date Received .10/28/2010. Start of Review 10/28/2010 End of Review 11/29/2010 Note: Blanks in data fields result from insufficient. information provided by lead agency. P.O. BOX 942874 SACRAMENTO, CA 94274.0001. PHONE (916) 6544959 FAX (916) 653-9531 TTY 711 November 18, 2010 Stacey Joliffe Butte County 7 County Center Drive Oroville, CA 95926 0 Flex your,powerl Be energy efficient! • 4 RECEIVED NOV 23 2010• STATE CLEARING HOUSE Dear Stacy Joliffe: -Re. Butte County's.Negative Declaration -for the Wind Turbine Ordinance; SCH# 2010102051 ^'The •Califcirii a. Department of Transportation (Caltrans), Division. of. Aeronautics (Division), reviewed the'above-refezenced document with respect to airport -related noise and safety impacts and .regional aviation land use planning issues pursuant to the California Environmental Quality -Act (CEQA). The Division has technical expertise in the areas of airport operations safety, noise and airport land use compatibility. We are a funding agency for airport projects and we have permit authority for public use, and.special-use airports and heliports. The proposal is for a wind turbine ordinance in Butte County. California Public Utilities Code Section 21659 prohibits structural hazards on or near airports. Should any of the future wind turbines exceed 200 feet in height, or penetrate any public or mib.tary airport' imaginary surface notification criteria, a Notice of Proposed Construction or Alteration (Form 7460-1) will be required by the Federal Aviation Administration. (FAA) in accordance with Federal Aviation Regulation, Part 77 "Objects Affecting Navigable Airspace." Form. 7460-1. is available on-line at https://oeaa&faa.gov/oeaaa/extemal/portal jtp •an.d should be submitted electronicallyto the FAA. These comments reflect the areas of concern to the Division of Aeronautics with respect to airport - related noise, safety, and regional land use planning issues. We advise you to contact our District 3 f ' office.coanceming surface transportation issues. Thank you for the opportunity to review and comment on. this proposal: If you have any questions, please call me at (916) 654-5314. Sincerely, Original Signed by SANDY HESNARD Aviation Environmental Specialist c: State Clearinghouse " CallMns Improws mohlWy onose Gallfornla" z ' Approved AB 811 (LEVINE)„tractual assessments: energy efficienimprovements Pagel of 12 CPUC Home STATE OF CALIFORNIA ............................................. California Public utilities Commission Word Document PDF Document Public Utilities Commission ..................................................................................... San Francisco Memorandum Date: March 6, 2008 .......................... To: The Commission (Meeting of March 13, 2008) From: Bryan Crabb, Legislative Liaison OFFICE OF GOVERNMENTAL AFFAIRS (OGA) - SACRAMENTO Subject: AB 811 (Levine) - Contractual assessments: energy efficiency improvements. As amended: January 24, 2008 LEGISLATIVE SUBCOMMITTEE' RECOMMENDATION: SUPPORT SUMMARY OF BILL: AB 811 woul uthorize all cities and counties in California to designate areas within which willing property owners could enter in o�fifractua a-ssessmenTs fo�-nce the installation of distributed renewable generation, as well as energy efficiency improvements, that are permanently fixed to the property owner's resalT 1ciaal, or other real roe `. These financing arrangemen s ou a ow property owners to finance renewab a genera ion and energy efficiency improvements through low-interest loans that would be repaid as an item on the property owner's property tax bill. The contractual assessments could not be used to finance the purchase or installation of appliances that are not permanently fixed to the real property. SUMMARY OF SUPPORTING ARGUMENTS FOR RECOMMENDATION: This bill would provide a means to help overcome financial barriers to the installation of energy efficiency and renewable energy improvements to homes and businesses in California by making it easier for homeowners and businesses to finance these types of improvements. This bill would help to further the CPUC's goals of promoting energy efficiency and renewable generation. ° SUMMARY OF SUGGESTED AMENDMENTS: i http://docs.cpuc.ca.gov/published/Report/80173.htm 11/18/20M r:. Y *pproved AB 811 (LEVINE) Contractual assessments: energy efficiency improvements - Page 2 of 12 No suggested amendments. DIVISION ANALYSIS (Energy Division): The contractual assessments authorized by this bill would provide access to low interest funding for energy efficiency and renewable distributed energy installations for all types of real property, including residential, commercial and industrial. The availability of funding from local governments, to be repaid on property tax bills at a low rate of interest, would eliminate the necessity that property owners have substantial sums of money up -front for the installation of renewable distributed energy and energy efficient equipment and would make energy efficiency and renewable energy improvements more affordable. Combined with the rebates and incentives available through the investor owned utilities for such measures,! this source of funding would help make the widespread installation of energy efficient equipment and renewable energy sources, and the resulting energy demand reduction and reduction in greenhouse gas emissions, a reality. The use of contractual assessment areas for energy efficiency and renewable energy installations is a new concept that originated with the City of Berkeley, California.2 In November 2007, the Berkeley City Council approved the "Sustainable Energy Financing District," which authorizes a city-wide voluntary assessment district to pay for the installation of solar panels and solar hot water systems. The City provides the funding for the project from a bond or loan fund that it repays through assessments on participating property owners' tax bills for 20 years. The tax assessment is transferable between property owners. Participants are eligible for the California Solar Initiative rebate program. Once the Berkeley City Council approved the concept, the city received hundreds of inquiries from other governments.2 Other California cities, including the City of Palm Desert and the City and County of San Francisco, have proposed to take similar approaches. The availability of financing through contractual assessments would complement the financial assistance provided by the rebates currently available through the California Solar Initiative. In addition, it would further the policies recently addressed by the Commission in Decision 07-10-032,4 which institutes a comprehensive, long-term strategy to achieve the ultimate goal of making energy efficiency a way of life. This goal reflects the Energy Action Plan IP policy that energy efficiency is the resource of first choice to meet California's growing energy demand, and the requirement of Public Utilities Code Section 54.5(b)(9) (C) that utilities first meet their "unmet resource needs through all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible." Energy efficiency is also projected to deliver a large portion of the greenhouse gas emissions reductions necessary to achieve the goals of the California Global Warming Solutions Act of 2006 (AB 32). The Decision directs the investor-owned utilities jointly to prepare a single, comprehensive statewide long- term energy efficiency plans It establishes a collaborative process for achieving and exceeding aggressive state energy efficiency and emissions reduction goals. This new strategic.framework will maximize the impact of consumer outreach to save energy and reduce emissions across energy efficiency, demand - response, advanced metering and California Solar Initiative programs. The Decision incorporates industrial, commercial and residential sector efforts, and includes a specific focus on strategies to be implemented by local governments. By expressly authorizing contractual assessments as a source of funding for energy efficiency improvements and renewable energy sources, AB 811 would provide local governments with a powerful tool for achieving their strategic objectives. PROGRAM BACKGROUND: Energy efficiency is California's highest priority resource for meeting the state's growing energy needs in a clean, low cost manner and for fighting global warming. California's investor-owned utilitiesZ play a key role as administrators of ratepayer -funded energy efficiency programs overseen by the CPUC. In D.05-09-043 and D.05-11-011, the CPUC committed $2.2 billion in ratepayer funds to procure energy efficiency savings over the 2006-2008 program cycle and approved the utilities' program portfolios, including utility efforts to better integrate their programs at a strategic level. For example, the Commission approved the development of a joint plan on statewide marketing and outreach; a sustainable communities program incorporating higher performance energy efficiency and demand reduction technologies, along with clean http://docs.cpuc.ca.gov/published/Report/80173.htm 11/18/2010 STATE OF CALIFORNIA—BUSINESS. TRANSPO&N AND HOUSING AGENCY ARNOLD SCHWAR7_ENEGGER, Governor DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS — M.S.#40 1120 N STREET P. O. BOX 942874 SACRAMENTO, CA 94274-0001 PHONE (916) 654-4959 FAX (916) 653-9531 TTY 711 November 18, 2010 Stacey Joliffe Butte County 7 County Center Drive Oroville, CA 95926 Dear Stacy Joliffe: Re: Butte County's Negative Declaration for the Wind Turbine Ordinance; SCH# 2010102051 0' Flex your power! Be energy efficient! The California Department of Transportation (Caltrans), Division of Aeronautics (Division), reviewed .the above -referenced document with respect to airport -related noise and safety impacts and regional aviation land use planning issues pursuant to the California Environmental Quality Act (CEQA). The Division has technical expertise in the areas of airport operations safety, noise and airport land use compatibility. We are a funding agency for airport projects and we have permit authority for public - use and special -use airports and heliports. The proposal is for a wind. turbine ordinance in Butte County. California Public Utilities Code Section 21659 prohibits structural hazards on or near airports. Should any of the future wind turbines exceed 200 feet in height, or penetrate any public or military airport imaginary surface notification criteria, a Notice of Proposed Construction or Alteration (Form 7460-1) will be required by the Federal Aviation Administration (FAA) in accordance with Federal Aviation Regulation, Part 77 "Objects Affecting Navigable Airspace." Form 7460-1 is available on-line at https:Hoeaaa.faa.gov/oeaaa/external/portal.jsp and should be submitted electronically to the FAA. These comments reflect the areas of concern to the Division of Aeronautics with respect to airport - related noise, safety, and regional land use planning issues. We advise you to contact our District 3 office concerning surface transportation issues. Thank you for the opportunity to review and comment on this proposal. If you have any questions, please call me at (916) 654-5314. Sincerely, Original Signed by SANDY HESNARD Aviation Environmental Specialist c: State Clearinghouse bc: Terri Pencovic-DOTP, Jeff Pulverman-Dist 3, Sukhvinder Takhar-Dist 3 "Caltrans improves mobility across California" f Page 1 of 2 Jolliffe, Stacey From: Langford, Eric (FERP) [ELangford@csuchico.edu] Sent: Tuesday, November 16, 2010 4:25 PM To: Jolliffe, Stacey Cc: Mkkelly@chicousd.org; Langford, Eric (FERP); Steve Schibsted; OJ Sutherland; james.hen nis@mssb.com; camjim@comcast.net; Sutherland Simpson; schibsted 1 529@comcast. net; grahamhutton@aol.com; Miles & Nicole Willis; Sher Sutherland; Gary Marquis; sdforner@comcast.net; Linda Forner; Calarco, Pete; Thistlethwaite, Charles; Hahn, Paul; Kim, Sang Subject: Planning Commission Meeting on November 18 Dear Stacey: First of all, my neighbors and I would like to thank the County for the work that they have put into the proposed wind turbine ordinance. It shows much careful thought, and it is especially praiseworthy that the County realizes that wind turbines have no place in residentially zoned areas. This being said, there are some questions that we have about the proposed ordinance; we will be presenting these at the Planning Commission meeting on Thursday. 1. I assume that "minor use permits," necessary for small wind turbines, would be easily obtained. Suppose that a person installs two 20 kW turbines on his property. Would a MUP be all that was necessary, even though the total output of the two turbines would be 40 kW? 2. The ordinance does not distinguish between a 50 kW turbine (which might be a size suitable for a farm) and a 1.5 MW turbine, as used in a commercial wind farm. What protection does the public have against such a commercial wind farm? Would the use permit (UP) required be subject to public hearings? 3. In a previous e-mail, I have mentioned the "45 dB at the property line" requirement. I assume that this means "45 dBA," as this is the usual weighting. But Kamperman and James (see my "Notes") make a convincing argument, that in addition to such a criterion, additional criteria should be considered: first, to limit noise in excess of background (ambient) noise, and second to limit dBC noise. (This latter weighting takes into account better than dBA weighting the particular low -frequency character of wind turbine noise.) I urge the county to consider such additional requirements. 4. I submit that the requirement "noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line" may not be sufficiently precise, as "normal operation" leaves quite a bit of room for argument, and "measured at the nearest property line," although the intent is clear, may not actually give the loudest noise, as noise from a wind turbine is generally directional in nature. Perhaps saying "Nowhere on the property line shall the noise level exceed 45 decibels" would cover 11/17/2010 Page 2 of 2 things better. 5. How would the 45 decibel limit be enforced? Wind turbine manufacturers are noticeably reticent about giving out noise data (they probably could, but they usually won't). An exception is the Canadian manufacturer ReDriven, which claims "59 dbA at 70 feet" for a// of its turbines, from 3 kW to 50 kW (their 3 kW model has been discontinued). Such data do not inspire confidence. It would seem then that the County would be the ones responsible for enforcing the 45 decibel limit. Suppose that a turbine measures 47 decibels. Would the County then shut the turbine down? This would not make.the turbine's owner, who had obtained the necessary UP, very happy and could lead to some nasty legal consequences. Sincerely yours, Eric Langford ' 11/17/2010 i t BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —NOVEMBER 18, 2010 r Applicant: County of Butte Location: County -wide File #: ZCA10-0004 Parcel Size: N/A Request: A proposal to amend Chapter Supervisor 1-5 24 of Butte County Code to Districts: regulate the design, permitting and placement of wind turbines G.P.: Various Planner: Stacey Jolliffe, Principal Planner Zoning: Various Attachments: A: Resolution recommending approval with Exhibit A Draft Ordinance B: Senate Bill 45 C: Noise Notes submitted by Eric Langford D: Initial Study/proposed Mitigated Negative Declaration RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution recommending approval of Zoning Code Amendment 10-0004 to the Board of Supervisors. . EXECUTIVE SUMMARY: This is a Board of Supervisors directed Zoning Code Amendment to Chapter 24 of Butte County Code regarding the design, permitting and placement of wind turbines. Pursuant to Senate Bill 45 (SB45) state standards relative to wind turbines will be imposed on local jurisdictions unless local regulations are adopted by January 1, 2011. After this date, SB45 will prohibit the county from imposing conditions relating to specified aspects of these systems that are more restrictive than the state standards. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ November 18, 2010 ■ Zoning Ordinance Amendment - ZCA 10-0004 ■ Page 1 of 8 ■ This ordinance, applicable to new turbine installations in the County's existing zones, would be superseded with adoption of a new 2030 Zoning Ordinance, which contains new zoning . designations and is scheduled for adoption in the spring of 2011. EXISTING CONDITIONS: With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may currently place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet building setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). A search of County building permits identified eleven building permits issued between 2007 and 2010 for wind systems. Two of the building permits were in the greater Oroville area, and nine were located in unincorporated areas around Chico. PROJECT DESCRIPTION: The proposed ordinance defines specified terms and sets forth design, permitting and placement requirements for wind turbines. See Exhibit A to Attachment A for, the Draft Ordinance language. A summary of the wind turbine ordinance follows: • The proposed wind turbine ordinance would allow small wind turbines in agricultural, timber production, industrial, commercial, unclassified, foothill recreational, mountain recreation, and public/quasi-public zones with minor use permits. See Table A below. • It would allow large turbines in these same mostly non-residential zones with the issuance of a use permit. • It would prohibit the placement of wind turbines in the County's more dense residential zones. • Small wind turbines, defined as "wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power. • Large turbines are defined as "any wind energy conversion system that is not classified as a Small Wind Turbine." ■ BUTTE COUNTY PLANNING COMNIISSION AGENDA REPORT■ ■ November 18, 2010 ■ Zoning Ordinance Amendment - ZCA 10-0004 ■ Page 2 of 8 ■ 2 Table A The proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective "color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. • The required setback from all property.lines shall be equal to the height of the wind turbine.(height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ November 18, 2010 ■ Zoning Ordinance Amendment - ZCA 10-0004 ■ Page 3 of 8 ■ 3 Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR, FR, MR, SR, MHP, R-1 M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P -Q PUD, RN, RT Large Wind UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine The proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective "color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. • The required setback from all property.lines shall be equal to the height of the wind turbine.(height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ November 18, 2010 ■ Zoning Ordinance Amendment - ZCA 10-0004 ■ Page 3 of 8 ■ 3 GENERAL PLAN CONSISTENCY: The Butte County Board of Supervisors adopted a comprehensive General Plan update on October 26, 2010 (GP2030). GP2030 becomes effective thirty days following adoption, or November 25, 2010. The Board of Supervisors will consider the ZCA after this effective date,' and therefore, this analysis considers the ZCA's consistency with GP2030. -Land Use Goal LU -2 underscores the balance between well-planned growth and private property rights, a goal which can guide the development and adoption of land use regulations. It is supported by policy LU -P2.1 which directs the County to allow reasonable "freedom of choice" in locating facilities such as wind turbines.' Goal LU -2 Provide for orderly, well-planned, and balanced growth that maintains private property rights Policies LU -P2.1 The County shall allow reasonable "freedom of choice" of sites and facilities for the population growth of the county, Land Use Goal LU -4 and supporting policy LU -P4.1 highlight the importance of preserving and promoting high-quality housing and the integrity and stability of existing residential neighborhoods. Land Use Goal LU -6 directs the County to provide adequate land to provide necessary public services and facilities, such as wind turbines. Goal LU -4 Provide high-quality housing in a range of residential densities and types. Policies LU -P4.1 The integrity and stability of existing residential neighborhoods shall be promoted and preserved.* Goal LU -6 Provide adequate land for the development of public and quasipublic uses, as a means to provide necessary public services and facilities in support of existing and, new residential, commercial, and industrial land uses. Conservation and Open Space Goal COS -3 is also relevant to the proposed wind turbine ordinance, as it directs the County to "Promote a sustainable energy supply." Policy COS -P3.7 supports this goal, and provides the following guidance for the appropriate placement of wind turbines and other alternative energy sources. Policies COS -P3.7 Wind power generation facilities, solar power generation facilities, and other alternative energy facilities shall be conditionally permitted in the ■ BUTTE COUNTY PLANNING CONDIISSION AGENDA REPORT. ■ November 18, 2010 ■ Zoning Ordinance Amendment - ZCA 10-0004 ■ Page 4 of 8 ■ 4 Agriculture, Agriculture Services, Timber Mountain, Industrial and Public land use designations, provided that significant adverse environmental impacts associated with such development can be successfully mitigated. As shown in Table A above, small wind turbines can be allowed in the Agriculture, Timber Mountain, Industrial and Public land use zones (which implement General Plan designations) with the issuance of a minor use permit and large wind turbines can be permitted in the designations with the issuance of a use permit. Wind turbines are conditionally permitted uses as directed by policy COS -P3.7. The wind turbine ordinance is consistent with Conservation and Open Space Goal COS -17 which directs the County to `maintain and enhance the quality of Butte County's scenic and visualresources', because wind turbines are not permitted in or within 1000 feet of designated scenic resources. Health and Safety Goal HS -1 addresses potential noise from wind turbines and policy HS—P1.6 specifies when noise analysis is required. Goal HS -1 Maintain an acceptable noise environment in all areas of the county. HS -P1.6 Applicants proposing a new noise -producing development project near existing or planned noise - sensitive uses shall • provide a noise analysis prepared by an acoustical specialist with recommendations for design mitigation. ZCAIO-0004 would require noise levels to not exceed 45 decibels as measured at the nearest property line and to submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed the 45 decibels standard. ENVIRONMENTAL REVIEW: An Initial Study was prepared to evaluate potential environmental impacts from proposed Zoning Code Amendment ZCA 10-0004. No significant environmental impacts were identified as a result of the proposed ordinance. The proposed ZCA does not allow wind turbines in the county's residential zones, or within 1,000 feet of residential zones or residences. By specifying that future wind turbines would require the issuance of a minor use permit or use permit (a discretionary permit), future permitting and placement of wind turbines will be subject to the California Environmental Quality Act (CEQA). ZCA 10-0004 was drafted with the intent of avoid adverse impacts to surrounding land uses as directed in General Plan policy COS -P3.7 discussed above. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ November 18, 2010 ■ Zoning Ordinance Amendment - ZCA 10-0004 ■ Page 5 of 8 ■ 5 IE Assembly Bill No. 45 CHAPTER 404 An act to add and repeal Article 2.11 (commencing with Section 65893) of, and to repeal the heading of Article 2.11 (commencing with Section 65892.13) of, Chapter 4 of Division 1 of Title 7 of the Government Code, relating to land use. [Approved by Governor October 11, 2009. Filed with Secretary of State October 11, 2009.] LEGISLATIVE COUNSEL'S DIGEST AB 45, Blakeslee. Distributed generation: small wind energy systems. The California Renewables Portfolio Standard Program requires that an electrical corporation, as defined, procure a specified minimum percentage of electricity generated by eligible renewable energy resources, as defined, in any given(year as a specified percentage of total kilowatthours sold to retail end-use customers each calendar year (renewables portfolio standard), subject to specified limits. The renewables portfolio standard requires each retail seller to increase its total procurement of eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales are procured from eligible renewable energy resources no later than December 31, 2010. This bill would authorize a county to adopt an ordinance that provides for the installation of small wind energy systems outside an urbanized area, but within the county's jurisdiction, and to establish a process for the issuance of conditional use permits for these systems, subject to specified conditions. The bill would also authorize a county to impose conditions on the installation of these systems, but would prohibit the county from imposing conditions relating to specified aspects of these systems that are more restrictive than certain specified requirements of, and conditions upon; these systems. This bill would authorize a county that has not adopted an ordinance providing for the installation of these systems within its jurisdiction by January 1, 2011, to adopt an ordinance providing for the installation of these systems within its jurisdiction at a later date, but would require that ordinance, when adopted, to be in accordance with a specified provision of law. The bill would specifically exempt ordinances approved prior to January 1, 2011, from the provisions of this article. The bill would require a county to approve an application for the installation of one of these systems submitted between January 1, 2011, and the date of the county's adoption of an ordinance that meets specified requirements through the issuance of a ministerial permit that meets specified requirements, if the county 92 CEJ Ch. 404 —2— establishes 2—establishes a process for the issuance of conditional use permits for small wind energy systems. This bill would authorize a county to impose as a condition of approval a requirement that a small wind energy system be removed if it remains inoperable for 12 consecutive months, and the small wind energy system, at that time, would be subject to nuisance codes and code enforcement action. The bill would specify that nothing in this article interferes with or prevents the exercise of authority by a county to carry out its programs, projects, or responsibilities, or affects the requirements imposed under any other provision of law. The bill would declare that it is the policy of the state to promote and encourage the use of distributed renewable energy systems and to limit obstacles to their use. The bill would require the State Energy Resources Conservation and Development Commission to submit, on or before January 1, 2016, to the Assembly and Senate Committees on Local Government and the Assembly Committee on Utilities and Commerce, a report containing specified information, including the number of applications for small wind energy systems received and approved by the counties that have adopted wind energy system ordinances on or after January 1, 2011. This bill would provide that its provisions would be repealed on January 1, 2017. The people of the State of California do enact as follows: SECTION 1. The heading of Article 2.11 (commencing with Section 65892.13) of Chapter 4 of Division 1 of Title 7 of the Government Code is repealed. SEC. 2. Article 2.11 (commencing with Section 65893) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read: Article 2.11. Wind Energy 65893. (a) The Legislature finds and declares all of the following: (1) Wind energy is an abundant, renewable, and nonpolluting energy resource. (2) Wind energy, when converted to electricity; reduces our dependence on nonrenewable energy resources, reduces air and water pollution that result from conventional sources burning fossil fuels, and reduces emissions of greenhouse gases. (3) Distributed generation small wind energy systems also enhance the reliability and quality of electricity delivered by the electrical grid, reduce peak power demands, increase in-state electricity generation, diversify the state's energy supply portfolio, and make the electricity supply market more competitive by promoting consumer choice. 92 M -3— Ch. 404 (4) Small wind energy systems designed for onsite home, farm, and small commercial use are recognized by the Legislature and the State Energy Resources Conservation aid Development Commission as an excellent technology to help achieve the goals of increased in-state electricity generation, reduced demand on the state electrical grid, increased consumer energy independence, end nonpolluting electricity generation. (5) It iso the intent of the Legislature to encourage local agencies to support the state's ambitious renewable energy procurement requirements by developing and adopting ordinances that facilitate the installation of small wind energy systems and do not unreasonably restrict the ability of homeowners, farms, and small businesses to install small wind energy systems in zones in which they are authorized by local ordinance. (6) It is the intent of the Legislature to facilitate the implementation of consistent statewide standards to achieve the timely and cost-effective installation of small wind energy systems. 65894. For purposes of this article, the following terms shall have the following meanings: (1) "Energy Commission" means the State Energy Resources Conservation and Development Commission. (2) "Small wind energy system" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than 50 kilowatts per customer site, consistent with the requirements of paragraph (3) of subdivision (b) of Section 25744 of the Public Resources Code, and that will be used primarily to reduce onsite consumption of utility power. (3) "System height" means the higher of either the height of the tower and the system measured to the top of the blade at the highest point of the system extended above the existing grade when being operated. (4) "Tower height" means the height above grade of the fixed portion of the tower, excluding the wind -turbine. (5) "Urbanized area" means either of the following: (A) An urbanized area as defined in paragraph (2) of subdivision (d) of Section 65944. (B) A city as defined in Section 56023. 65895. (a) A county that has not adopted an ordinance providing for the installation of small wind energy, systems located outside an urbanized area, but within the county's jurisdiction, by January 1, 2011, may adopt such an ordinance at a later date, but the ordinance shall be in accordance with Section 65896. Ordinances adopted prior to January 1, 2011, are exempt from this article. (b) A county may establish a process for the issuance of conditional use permits for small wind energy systems located outside an urbanized area, subject to all of the following conditions: (1) A county shall review an application for a small wind energy system pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). 92 11 Ch. 404 —4— (2) 4—(2) Fees charged by a county to review an application for a small wind energy system shall be determined in accordance with. Sections 66014 and 66016. (3) An application for the installation of a.small wind energy system' submitted between January 1., 2011, and the date of the county's adoption of ari ordinance that meets the requirements and conditions of subdivision (b) of Section 65896 shall be approved through a ministerial permit by the county meeting the requirements and conditions of subdivision (b) of Section 65896. 65896. .(a) A "county may adopt an ordinance that provides for the installation of small wind energy systems outside an urbanized area, but within the county's jurisdiction. (b) The ordinance may irnpose conditions on the installation of small wind energy systems that include, but are not limited to, notice, tower height, setback, view protection, aesthetics, aviation, and design -safety requirements. However, the ordinance shall not require conditions on notice, tower height, setback, noise level, visual effects, turbine approval, tower drawings, and engineering analysis, or line drawings that are more restrictive than the following requirements and conditions: (1) The parcel where the system is located shall be ataeast one acre in ' size and located outside an urbanized area. (2) Tower heights of not more than 80 feet shall'be allowed on parcels b t d fi T h" ht f th 100 f t hall e ween one an ve acres. ower r eg s o nt o more an ee s be allowed on parcels above five acres. All -tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An 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. (3) Minimum setbacks for'the system tower shall be no farther from the property. line than the system height, unless a greater setback is needed to comply with applicable fire setback requirements set forth in Section 4290 of the Public Resources Code. (4) Decibel levels for the system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied pursuant to the noise element of a general plan for the applicable zoning classification in a jurisdiction or applicable noise regulations, as measured at the nearest Property line, except during short-term events, such as utility outages and severe windstorms. (5) Notice of an application for installation of a small wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located, except that the county may, if it deems it necessary due to circumstances specific to the proposed installation, require the applicant to provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation within the county in•which the installation is proposed. (6) The system shall not substantially obstruct views of adjacent property owners and shall be placed or constructed below any major ridgeline when 92 12 — 5 — Ch. 404 visible from any scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code or any scenic highway corridor designated by a county in its general plan. (7) The system shall use a wind turbine that has been approved by the Energy Commission as qualifying under its Emerging Renewables Program pursuant to Section 25744 of the Public Resources Code or has been certified by a national program recognized and approved by the commission. (8) The application shall include standard drawings and an engineering analysis of the system's tower, showing compliance.with the current version of the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. A wet stamp, however, shall not be required if the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot, or other relevant conditions normally required by a county. (9) The system shall comply with all applicable Federal Aviation Administration 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 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code). A system that complies with this subdivision shall be deemed to meet the applicable health and safety requirements regarding civil aviation. (10) The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. (11) If required by the county, the applicant shall provide information demonstrating the system will be used primarily to reduce onsite consumption of electricity. The county may also require the application to include evidence, unless the applicant does not plan to connect the system to the electricity grid, 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. (12) If a county receives an application to install a small wind energy system on a site that is within 1,000 feet of a military installation, within special use airspace, or beneath a low-level flight path as defined by Section 21098 of the Public Resources Code, then the county shall promptly comply with Section 65944. If the governing authority of any military installation, special use airspace, or low-level flight path provides written comments regarding that application,.the county shall consider those comments before acting on the application. (13) If a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the county shall take reasonable steps, concurrent with other notices issued pursuant 92 13 • Ch. 404 —6— to 6— to this subdivision, to notify pest control aircraft pilots registered to operate, in the county pursuant to Section 11921 of the Food and Agricultural Code. (14) Tower structure lighting shall be prohibited unless otherwise required by another provision of law or pursuant to paragraph (13). (15) No climbing apparatus attached to the system shall be located less than 12 feet above the ground, and the system shall be designed to prevent climbing within the first 12 feet. (16) No sign shall be attached to the system if visible from a public road, except for signs that identify the manufacturer, installer, or owner of the system, or public health and safety signs applicable to the installed system, but the signs shall neither be larger than four square feet, unless approved by the county, nor located at the base of the system within 10 feet of the ground surface. (17) A small wind energy system shall not be allowed where otherwise prohibited by any of the following: (A) A local coastal program and any implementing regulations adopted pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code). (B) The California Coastal Commission, pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code). (C) The regional plan and any implementing regulations adopted by the Tahoe Regional Planning Agency pursuant to the Tahoe Regional Planning Compact (Title'7.4 (commencing with Section 66800)). (D) The San Francisco Bay Plan and any implementing regulations adopted by the San Francisco Bay, Conservation and Development Commission pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)). (E) A comprehensive land use plan and any implementing regulations . adopted by an airportland use commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code. (F) The Alquist-Priolo Earthquake Fault Zoning Act (Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code). (G) A local ordinance to protect the scenic appearance of the scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code or pursuant to scenic highways designated in the local general plan. (H) The terms of a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of the Civil Code. (I) The terms of an open -space easement entered into pursuant, to the Open -Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5). (J) The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act (Division 10.2 (commencing with Section 10200) of the Public Resources Code). 92 -7— Ch. 404 (k) The terms of a contract entered into pursuant to the Williamson Act (Chapter 7 (commencing with.Section 51200) of Division 1 of Title 5). (L) The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code. (c) A county may impose, as a condition of approval, a. requirement that a. small wind energy system be removed if it remains inoperable for 12 consecutive months, and at that time the small wind energy system shall be subject to nuisance codes and code enforcement action. (d) (1) Nothing in this article interferes with or prevents the exercise of authority by a county to carry out its programs, projects, or responsibilities. (2) Nothing in this article affects requirements imposed under any other law. 65897. It is the policy of the state to'promote and encourage the use of distributed renewable energy systems and to limit obstacles to their use, and it is the intent of the Legislature that local agencies encourage the installation of distributed renewable energy systems by removing obstacles to, and minimizing costs of, permitting distributed renewable energy systems. 65898. On or before January 1, 2016, the State Energy Resources Conservation and Development Commission shall submit to the Assembly Committee 'on, Local . Government, the Senate Committee on Local Government, and the Assembly Committee on Utilities and Commerce a report that contains all of the following: (a) The number of ordinances adopted on or after January 1, 2011, by counties pursuant to Section 65895. (b) The number of applications to install small wind energy systems received by those counties on or after January 1, 2011. (c) The number of applications to install small wind energy systems approved by those counties on,or after January 1, 2011. (d) The tower heights, system heights, parcel sizes, and generating capacities of the small wind energy systems approved by those counties on or after January 1, 2011. (e) Any recommendations to the Legislature by the State Energy Resources Conservation and Development Commission for the continuation, modification, or termination of this article. 65899. This article shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. O 92 Notes on Wind Turbine Noise by Eric Langford, Ph. D. elangford@csuchico.edu 530-894-8530 Introduction: I have been requested to prepare these notes by the -Turbine Action Group (TAG), a group of residents of Stilson Canyon concerned about the noise generated by the wind turbine located at 700 Stilson Canyon Road_ , and owned by'Don and Anne Steinsiek. I was chosen for this task- because of my technical background. I am a Professor Emeritus of Mathematics and Statistics at CSU, Chico. I graduated_ with a Bachelor's degree from M. I. T., and Master's and Doctoral degrees from Rutgers, all in Mathematics. My purpose in, preparing these notes is twofold: First to provide information to the County that may be of use in solving the existing problem of the Steinsiek's wind turbine, and second, to provide information to the County that could be useful to the County in drafting an ordinance regulating'wind turbine use that will, hopefully, prevent future problems such as the one currently facing Stilson Canyon residents. I have attempted to be as disinterested as I can with. these notes, but I must confess that as a Stilson Canyon resident affected by this wind turbine, and as a signatory to the petition submitted to the County several months ago, I do "have a dog in the fight." Copies of all of the references given in these notes, together with the Appendix can be downloaded from http://rapidshare.c6m/files/426427569/Accompanying References to Notes on Wind Turbine Noise.zin. If you have trouble downloading this, I can supply these references on a CD. (The unzipped file is about 23 MB, too Targe to conveniently e-mail.) 1 General Comments: As regards the second of the two purposes of these notes, that is, providing information that could be useful to the County in drafting a wind turbine ordinance, I would recommend that, the County look at the way other communities have struggled with this problem and learn from them, rather than trying to craft an ordinance from scratch. This is especially important as the time for completing such an ordinance is very short. There are a number of websites that can be looked at (for example http://stopillwind.org/, httg://w.ww.nonoise.org/library.htm, http://betterplan.squaresbace.com/, and http://www.windaction.org ). Two particularly interesting references are (1) An ordinance and history of that ordinance in the Town of Union, Rock County, Wisconsin (see [23] and [24]), and (2) A lawsuit, over the proposed Glacier Hills Wind Park, also in Wisconsin. As concerns the first of these examples, it is very enlightening to see how the small town of Union (population 1,860 in the 2000 Census) struggled with the same problems that we here in Butte County must face. As for the second of these examples, it is also quite enlightening to read testimony on both sides of the issue. (See [8], [9], [13], [19]; a complete list of documents concerning the Glacier Hills. Wind Park project can be found by going to http://psc.wi.gov/ and then following the link to 6630 -CE -302 "Prehearing/Prefiled Exhibit/Testimony' and "Brief" Glacier Hills Wind Park.") I would also highly recommend the two papers by Kamperman and James ([11], [12]) and by Rogers et al. [20]. Measurement of Noise The science of acoustics in the real world can be very difficult, as you will note by how tricky it can be to design an auditorium with "good acoustics. When one is looking at how sound travels in an outdoor environment, things are.even more complicated. The topography, the presence of trees, etc., wind currents, and many other factors must be considered. (See, for example, [6] and [20].) It has been noted by several Stilson Canyon residents that the sound from Mr. Steinsiek's wind turbine, located high above the canyon, seems to "funnel" down the canyon, particularly when the wind is right. (It has been noted that wind turbines sited on ridgetops with z 17 side slopes shaped like a parabolic reflector tend to exhibit this phenomenon; for amathematical analysis, see the Appendix to these notes.) This is an important thing to consider in our local area, because of the many canyons and the fact that wind. turbines tend to be sited on ridgetops, and not in the canyons. An excellent introduction to wind- turbine noise is a recent article in Audiology Today by Punch et al. [18]. One thing that makes the whole business of noise measurement and control for wind turbines so complicated is that the noise emitted by a wind turbine is not a constant amplitude noise of a single frequency, but is described by those who have had to deal with it as 'pulsating," "throbbing," "like a helicopter," "swishing," "like a boot in a dryer," and many other such terms. Even Leventhall [13], testifying for the Glacier Point Wind Park, admits that "A fluctuating noise is normally more annoying than a steady sound of the same average level." As regards the nature of wind turbine noise, it is well- known that those who have a vested interest in wind turbines have a much more positive `point of view of them. However, Mr. Steinsiek's description of his wind turbine's.noise as "white noise" (as reported in the Chico Enterprise -Record [5]) is disingenuous. True white noise can be heard at http://www.simplynoise.com/classic/ and is supposed to be relaxing. (If you will Google "white noise generator" you will see how many of these devices are advertised to help one relax and sleep.) I cannot imagine how anyone could describe wind turbine noise as "relaxing." Because of this, in attempting to draft an ordinance to control wind turbine noise, one must not take the easy way out and use a simple "x dbA at y feet" criterion, just because it is easy -to -measure. Because of the throbbing, pulsating nature of wind turbine noise, other criteria are more appropriate. (See [2], [6], [7], [11], [12].) Also, measurements averaged over a 24-hour day are inappropriate, as noise is much more annoying at night when people are trying to sleep. Even averaging over daylight hours is nota good idea as the noise can come and go as the wind patterns vary. Five minutes of annoying noise every hour Might not seem like much when averaged over that hour; but it is annoying far beyond a measured "average sound level." If I stick you with a pin once every hour, what is.your "average pain level"? K, It may be tempting to rely on manufacturers' noise data for wind turbines, but consider the following: You may recall that Mr. Steinsiek's wind turbine is manufactured by the Canadian manufacturer ReDriven, and so I have taken ReDriven to be a typical wind turbine manufacturer. On the ReDriven website www.redriven.ca, the manufacturer claims "59 dbA at 70 feet" for a// of their wind turbines, from 5 kW to 50 kW. If memory serves, they used to sell a 3 kW model (no longer on their website) which also had this same "59 dbA at 70 feet" measurement. One wonders how this can possibly be and how useless such data may be in drafting an ordinance. Regulating Wind Turbine Size As mentioned in the above section, 'ReDriven manufactures wind turbines from 5 kW to 50 kW. An ordinance regulating wind turbines should take into account the size of any proposed wind turbine and its proposed location. In a residential area, it is inappropriate to have an oversized wind turbine which is, in effect, a money -making operation being used to sell excess power back to PG&E. Everyone is for "green energy," but running one's own personal.wind farm does not seem to be an appropriate enterprise in a residential area. Here are some numbers for your consideration in deciding what might be an appropriately -sized wind turbine in order to be energy -neutral and not a money -making operation. My own house is about 1500 square feet, all electric, and my electric use is between 1-2.4 kW, more in the summer and winter, less in the spring and fall. Taking, as an example, a 20 kW turbine, according to ReDriven's website, such a turbine will put out more than 2 kW as soon as wind speed is 5 m/sec or about 11 mph. Note that wind speed on the top of a 60-70 foot tower on top of a hill. will be generally much more than in a canyon below.. It would seem that, for example, a 20 kW wind turbine would put out far more than is necessary to be energy -neutral. And, irrespective of what ReDriven claims, it stands to reason that the larger the wind turbine, the more noise it will make. Here is another bit of information I find interesting as regards Mr. Steinsiek's turbine in particular. From the picture in the Chico E -R ['5]1 it appears that the tower is approximately 60 feet high, so that with 20 foot blades the turbine would be about 80 feet from the ground to the top of the blades'. A bill is now being considered by the British House of Lords [1] that would 4 19 require that a wind turbine measuring 25 meters (about 82 feet) to the top of the blades would need to have a minimum distance to any nearby residential premises of 1000 meters (or -about 3281 feet). My house, and that of several of my neighbors, is approximately 1000 feet from Mr. Steinsiek's turbine. Health Issues with Wind Turbines The effect of wind turbine noise on health is a matter of debate. There have been discussed concepts such as "Wind Turbine Syndrome" (WTS) and "Visceral Vibratory Vestibular Disturbance" (VVVD) (discussed by Pierpont in [17] and on her website www.ninapierpoint.com), Vibroacoustic Disease (VAD), and Tensegrity. All of these are attacked by Leventhall [14] in a way that I find rather dismissive, but it cannot be denied, even by him, .that (1) wind turbine noise is annoying; (2) it affects people to different degrees, some of them severely, and many of whom have their sleep disturbed, (3) being constantly annoyed and having one's sleep disturbed is stressful, and (4) stress can lead to medical problems. Leventhall [13] also says, "A legislator, or planner, considers people as a group and develops criteria for" protection of the majority." I must strongly disagree: legislators also must develop criteria for the protection of minorities. (He is British, so perhaps he has never heard of A. D. A.) See also [16]; [21], [22]. References: [1] Wind Turbines (Minimum Distances from Residential Premises) Act 2010, British Parliament, House of Lords. See services. parliament.uk/bills/2010- 11/windturbinesminimumdistancesfromresidentialgremisesh1.htmI [2] Bruel & Kjaer Sound & Vibration Measurement A/S (a Danish consulting firm), Environmental Noise [3] Initial Brief of the Coalition for Wisconsin Environmental Stewardship, Before the Public Service Commission of Wisconsin, Docket No. 6630 -CE -302 [4] Dean, Mr. and Mrs. N, Noise Impact Assessment Report, Waubra Wind Farm 5 20 [5] Hacking, H., Disturbing the Silence, Chico Enterprise -Record, July 15, 2010 [6] Hubbard, H. H. and Shepherd, K. P., Wind Turbine Acoustics, NASA Technical Paper 3057 [7] International Electrotechnical Commission, IEC 61400-11, Wind Turbine Generator Systems - Part 11: Acoustic Noise Measurement Techniques [8] James, R. R., Direct Testimony of Richard -R. James on Behalf of the Coalition for Wisconsin Environmental Stewardship, Before the Public Service Commission of Wisconsin, Docket No. 6630 -CE -302 [9] James, R. R.,.Surrebuttal Testimony of Richard R. James on Behalf of the Coalition for Wisconsin Environmental Stewardship,' Before the Public Service Commission of Wisconsin; Docket No. 6630 -CE -302 [10] James, R.: Testimony to Tazewell County Zoning Board of Appeals Hearing 2008. (See http://betterplan.squarespace.com/richard-james- testimony-of-sou/) [11] Kamperman, G. W. and James, R. R., Simple Guidelines for Siting Wind Turbines to Prevent Health Risks [12] Kamperman, G. W. and James, R. R., The "How To" Guide to Siting Wind Turbines to Prevent Health Risks from Sound. [13] Leventhall, G., Direct Testimony of Dr. Geoff Leventhall on Behalf of Wisconsin Electric Power Company, -Before the Public Service Commission of Wisconsin, Docket No. 6630 -CE -302 [14] Leventhall, G., Wind Turbine Syndrome - An Appraisal - [15] Minnesota Pollution Control Agency, A Guide to Noise Control in Minnesota [16] Phillips, C. V., An Analysis of the Epidemiology and Related Evidence on the Health Effects of Wind Turbines on Local Residents [17] Pierpont; N., Wind Turbine Syndrome, Testimony before the New York State Legislature Energy Committee [18] Punch, J., James, R., and Pabst, D., Wind -Turbine Noise: What Audiologists Should Know, Audiology Today (July -August 2010), 20-31 6 21 [19] Roberts, M., Rebuttal Testimony of Dr. Mark Roberts on Behalf of Wisconsin Electric: Power Company, Before the Public Service Commission of Wisconsin, Docket No. 6630 -CE -302 [20] Rogers, A. L., Manwell, J. F., and Wright, S., Wind Turbine Acoustic Noise [21] Schomer, P., A White Paper: Assessment of Noise Annoyance [22] Suter, A. H., Noise and Its Effects [23] Town of Union, Rock County, Wisconsin, Large Wind Ordinance: History and Content 1 [24] Town of Union, Rock County, Wisconsin_ , Wind Energy Systems Licensing Ordinance ? 22 DEVELOPMENT SERVICES :DEPARTMENT. -BUTTE COUNTY ZONING CODE AMENDMENT' ZCA10-0004 INITIAL STUDYAND PROPOSED NEGATIVE DECLARATIONFOR Butte County Wind Turbine Ordinance 23 e Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR Butte County Wind Turbine Ordinance 1.0 PROJECT INFORMATION A. 4plieant/Owner: County of Butte B. Engineer: Not Applicable C. Staff Contact: Stacey Jolliffe (530) 538-6573 D. Project Name: ZCA10-0004 Butte County. Wind Turbine Ordinance E. Project Location: Countywide F. Type of Application(s): Zoning Code Amendments to regulate the design, permitting and placement of wind turbines G. Assessor's Parcel Number(s): Various H. Proiect Site Size: Not Applicable 1. Current Zoning: Ordinance applies to all zones: A, TPZ; M-1, M-2, L -I, C-1, C-2, C -C, P -Q, R -P, AR, FR, MR, TM, U, N -C, H -C; SR, MHP, R-4 to R-4, R -N, R -T, SH, and PUD J. General Plan Designations: This ordinance is anticipated to be acted upon after adoption of Butte County General Plan 2030 which includes the following General Plan 2030 designations: Agriculture, Agriculture Services, Timber Mountain, Resource Conservation, Foothill Residential, Rural Residential, Very Low Density, Low Density, Medium Density, Medium High Density, High Density, Very High Density, Mixed Use, Retail and Office, Recreation Commercial, Industrial, and Research and Business Park., Planned Unit Development, and Public. Should General Plan 2030 not be adopted prior to this ordinance, the following current land use designations would apply: Orchard and Field Crops, Grazing and Open Land, Timber Mountain, Agricultural Residential, Foothill Area Residential, and Low Density Residential, Medium Density Residential, High Density Residential, Commercial, and Industrial, Public, Solid Waste Facility Combining Designation, and Sports and Entertainment. K. Environmental Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may currently place a wind turbine as an accessory structure to a legally - established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). L. Surrounding Land Uses: Residential, commercial, industrial, agricultural, foothills, timber mountain, scenic highways and vacant parcels. M. Proiect Descriptions: Butte County proposes to adopt a wind turbine ordinance (See Appendix A) which would allow small wind turbines in agricultural, timber production, industrial, commercial, unclassified, ■ Butte County Department of Development Services ■ ■ Initial Study - Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinances Page 1 ■ Project Name'.ZCAIOa)004 Butte County Wind Turbine.Ordinances;++tai blit/i It,,1.•rt:) Jt1,9! bfica!• r?t„', +:_:.y: rVIY4"t ��1 ;S i'1 : Ni,;trt-Public+hAeencv`Aatirovals::�tButtesCourityiFEnvirogmentalHealth;IDivision;,B"uttesCounty Public Works m! ;TeT m"J' ; 4-i'ld + , Department,:Butte,County' Fire Department/CDF,'for,eventual construction activities°allowed: ' Ytfi Iiia,:,', 11..liffnl'!t L'ti!`r'itl'!)-m tuA.:i .9(4 d),%t ^.trrai'vq It if /Nolelly . .�''.�,� }}^,!. S„I tkrti(,,.,il•,'(1}t+'/ .�Ii;� :••Siri1'.lhtilt5: •`''�l'a%'!:''t1 ".:t)n' t�J�tt,lt:�1 :,,! C.t l8rf!(�f{I I'i:ilY: Vit) lti':. t35C1'�7 . 20 DETERMINATION''ttu tiit:rt.l' P:..�i:u)t; n,:s?r ,f'f A `h: i .;)t •t{'j.q tl�.. iz.ltal" i:ti rJ.i!n,"id1 9ti [11i,tat'J 8'ltitiLt �)!t))/ fJf :t! Jia J! ?{lfti}Jtl;t� J.f i f� f 17rf}•, It Ijtf! s f ti:y of ilk+ :t:t� 31! C�?}f,p'd .11 he, pr9Jecf'COULDTNOT;have a signifcant,efftctJ,onithetkenvironme6t, and a tNEGATIyE DECLARATION,will_be prepared ,. • It1,s"k►,,rtl'tla ni.lrci7't,I)A'`ill t'31ti1h'ljni vv lin). t9(. l,;aY�Itxli ..,C,: «r •� .tttt i; �f'). k [ ] I .find thit..although the proposed,proj rect COULD_ have a significant effect on the environment, there will ;.•"fi ONQTlbe,a,significant :effect in this pise.;because revisionslhavebee6pade`by,or, agreed io 'by 'the project u;:: c+ L1if M%1f4,' , NEGATIVE DECLARATIONtwiIl be prepared.c�,i 3fa11„s,,, ..., ;foproponent.s,A MITIGATED_.�.._. _ .. ,. -..... [ ] I find- that- the proposed project COULD have a 1significant effect on the ;, environment, and .an ENVIRONMENTAL IMPACT REPORTIis required. . 1 ' ►)(.rft ,tt-lniiK i t- rit t_ ;t [St Jhl �y,Y find�that the proposed project MAY,have a "poteritially'sigmficant�impacV or "potentially significant "unless :iJi}9 ,Iiel ,h,m ttgated". impactyon the environment,% but, At I least one effect 1) has'been adequately analyzed.in an -earlier 3-a v<,document pursuant to applicable legal standards, and.2) has been addressed by initigation measures based on ,;the earlier analysis as described on attached'sqBets-�An'ENVIRONivIENTAL•IMPACT•REPORT is required, - • brit it musf analyze only -the effects that"retnam to be_addressed. ii} i+ `44.!1!! rf3F�.1� `�, j'I�A � • • "�' �il?i'r1~? fir.. • S''1 .... u �.,._. �� n [ ,] [find that although theproposed project could have -a significant effect on the, env)ronn ent, ; because all otentiall si lficant effects a have been'-ana-1 zed••ade uatel' mf•an-earlier--EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that ho:�{•rte .J,ri�f.11 brearlter lEIR,or-NEGATIVE DECLtARATION,umcludttig`tievisions'o-r mitigation measures that are imposed • ,i: 1't1t11:1tiL lei^ --t. ..,. x t. •i4 t t�xs -4• t.+:•: •. e. .; r •.trnw i -!•t .3'J[tHlt"�f11r t} G�S�i�t r tit's rtli�l; 7f ` on the prop sed project,'nothing fuither is required l hff; n zf" b)f V%1_ W." . r t)t) z:11t>v 51i)t)it!';11• 1". (t{ ,�fa %tis :: , r. tit• ,t^.:it) Q • , S •rflij �i) '���r l�' ,Jf ') .' ".9tltk:� �Is�� 't:7'f•S!�fjfIrJs Ol.,i J`f �St111N�0 y��� r"t/ -�" r11 :'3C!:J i� f �nr';1 `'1I Pre y ce' J` e; Pr 61' tanner Date' , t t rr..r pi t.t ; -51 c)ri.X I- .al+'il, .1 fi't7'.sri. ; 'rr�S ir/ a !' :r a!'t�y/'1.' 3U • ,:'; ,i+ Reviewed by Mark Michele_nea; Sen i r Planner Date 'l'.) ;o).•i44111 ;1:11i!'• ,t !i1. i.tr,r,.4!Tl�. f:`!; 1 C)1 :7r:sr3f'rlt t:1 - 'i ir,l;• , }• _ i. 1. 11fi:tltu i �, I f '.J, n_.r2 I'Jltb:r� •tv� �tl'iS'1 ii 1 jMt :f nplt:;1 ti fl; `ftali:•Tt i i , !tr f `• ' !i'J %I:1' •rt.ft .41,4 ,:'1111,, x. "7.f�• S7I,�n , !, 1> Wri lltrt ��I)(�fi1 Jr1t, it f a� .., I . . . ter 3.O to a gr POTENTIALLX SIGNIFICANTe EFFECTS,CHECKLIST: SETTING •:t)" WMIA? l""' 14i•,400i",t4; l `cY f {Ai vironmentalFar f r'v ih +ti i a {ctorsp.i, .Po.ti.. * � ,. iJ11i��} tfE• 11U�,l+!'f:l Vii. Enentially Affected • •�. ti' .s, ;,�."i ;clr�-rir7 Vin: nu''ta:�otrt, ,r -!•',.1l;•` . . The:environmental.factors checked below could be.potentially affected by this project, evolving at least one impact. thatis a�"PotentiallytSignificantyImpact"'a� indicated by the checklist'ontth l fat io `ing pages �'�''! . {' f ❑ 4.1 Aesthetics �`' - ❑ 4.2 •Agnculture`Resources E1114.3 Air'Quality ❑ 4.4 Biological Resources ❑ 4;5.. Cultural Resources ❑ 4.6 Geologic Processes rciw►,«t�•<"t ri 4 f rf f u . f , se - s res .4' -l;fr •tar Material ❑a4t8'�H;,drolo ry/Water uali ❑ 4.6 Greenhouse Gas Emissions ❑ 4.7 Hazards/Hazardous 1VIaterial •.I=tJ't.}S�t"{ *it1.,:It:.erl 1 c • eve r,>'• - Q h' 7'.4.9 Land Use ❑ 4.10 Mineral Resources ❑4.11 Noise • `ftfl z itt'rft'tt) t�,r3fr--•;,t) .,i .rr#!fi!'11r1.f'1 '1.1/ n ._'rl. t7 , ' f! ....,.t.• t, •::t pttt.'j�^ jt,;,it e�:i/;i - h^ ,n.,.,.V. "A ' ❑ •4.12 Housing ❑ 4.13 X- Services , ❑ 4.14 Recreation ❑, 4.15 Transportation/Trafflc ❑ '4:'16'Utilities/Ser'vice`s' stems'u - * ' y ❑ 4:17"Mandatory Findings of . r•f tstr? t ^ti:• t t I t ' Significance ! t. "l.: r.i4''•a ^1/fP"f .t :'tf;i Ifl to:i aatl !a?bt)H h'�o1.tl}t;f trtJtPttft� UCrG yJU✓ r�asgt)'4')�ngGltl ;•{ .ir�t"t�tt ;,i".•!'i,tr:': lr�yltjy ttr:rr, t;91»;l•tlnj,.z{;4i.r).SXtl2JI�Yli,3'►�'N13 .t tw}t 1lctJ'J `Evaluation of Environmental Impacts:-Exaluat on of,Environmental Impacts: • 1) A•brief explanation is.required for all answers}except "No.Impact"'answer's"that'are adequately supported by the'information:,sources'a lead agency -cites in,the parentheses following each question. 'A "No Impact" . answer inadequately stipported.if the referenced information'sources show that.the.impatit simply does not q a��lvl:p'i �p;Butte CountyDepartment of Development Services ■ mom'✓.��tiil tea ,� Initial Study,_"Zoning Code:Amendment ZCA10 00'04)Butte County�Wind Turbine Ordtiiancen Page 3n �. Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance foothillrecreatiorial, mountain recreation, and public/quasi-public zones with minor use.permits (A, TPZ, M- 1, M-2, L -I, .G-1, C-2, C -C, P -Q, R -P, AR, FR, TM, MR, U, N -C, H -C., and PQ). It would allow large turbines in these same mostly non-residential zones with the issuance of a use permit. It would prohibit the placement of wind turbines in the County's more dense residential zones (SR, MHP, R-1, R-2, R-3, and R-4, SH, PUD, RN, and RT), as summarized in Table A below_ Pursuant to Senate Bill 45 (SB45) state standards relative to wind turbines would be imposed on local jurisdictions' unless local regulations are adopted by, December 31, 2010, This ordinance, applicable to the County's existing zones, would be superseded with adoption of a new 2030 Zoning Ordinance which contains new zoning designations and is scheduled for adoption in the spring of 2011. Small wind turbines, defined as "wind turbines rated 20kW or less that will be used primarily to reduce onsite . consumption of utility power." Large turbines are defined as "any wind energy conversion system that is not classified as a Small Wind Turbine," Table A Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless. permitted by the City; Airport Land. Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;., or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register. of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. The required setback from all property lines shall.be equal to the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district .may apply. Standards applicable to both small and large turbines specify that noise Ievels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed. ordinance also contains additional height limitations for small wind turbines: the maximum height.of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60'feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ Butte County Department of Development Services a 26 ■ Initial Study — Zoning Code Amendment ZC410.-0004 Butte County Wind Turbine Ordinances Page 2N Zoning District A, TPZ, M-1; M-2, L -I, C-1, C-2, C -C, AR, FR, MR, TM, SR, MHP, R-1 to P=Q, R -P U, N -C, H -C, P -Q R-4, SH, PUD, RN, RT Large Wind UP UP UP Not allowed Turbine Small Wind MVP. MUP MUP. Not allowed Turbine . Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless. permitted by the City; Airport Land. Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;., or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register. of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. The required setback from all property lines shall.be equal to the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district .may apply. Standards applicable to both small and large turbines specify that noise Ievels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed. ordinance also contains additional height limitations for small wind turbines: the maximum height.of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60'feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ Butte County Department of Development Services a 26 ■ Initial Study — Zoning Code Amendment ZC410.-0004 Butte County Wind Turbine Ordinances Page 2N Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance apply to projects like the one involved (e.g., the project falls outside'a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project would not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers -must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant. Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has. reduced an effect from "Potentially Significant Impact" .to .a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a,less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (e)(3)(D). In this case,, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from. the above checklist were within the scope. of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures: For effects that' are "'Less Than Significant with Mitigation Measures Incorporated, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions, for the"project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general. plans, zoningordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is, substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8), The explanation of each issue should identify: ...a) The "significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant.: " ■ Butte County. Department of.Development Services ■ 2 7 ■ Initial Study —_ Zoning Code Amendment ZCAIO-0004 Butte County Wind Turbine Ordinances Page 4. 0 • Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance 4:0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICVISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact . .with Impact Previous Mitigation Document Incorporated . a. Have a substantial adverse effect on a scenic vista? X b. .Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X Within a state scenic highway? c. Substantially, degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted -as accessory structures to•any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, faun or business may place a wind turbine as an aecessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations,. except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAMM04 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in- most zones with the issuance of a minor use permit; it would allow large turbines with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce potential aesthetic impacts from the placement of wind turbines within Butte County through the establishment of general requirements and height restrictions, and by precluding the placement of wind turbines in, or within a distance of 1000 feet -from, the following zones: SR, MHP, R-1 to R-4, SH, PUD, RN, and RT. Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4, SH, PUD, RN, and RT zones, A property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. The required setback from all property lines shall be equal to the height of the wind turbine, except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. ■ Butte County Department of Development Services ■ 28 ■ Initial Study -- Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinances Page 5■ 0 Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse; wind turbines are subject to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater With the proposed ordinance, wind turbines cannot be placed in designated scenic areas and are subject to regulations, outlined above, :to design and place wind turbines 'in a manner that will minimize aesthetic impacts, especially on residential areas, The wind turbine ordinance will reduce aesthetic impacts from the placement of wind. turbines to a less than.significant level. Mitigation Measure: None required 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed . Under Impact with Impact: Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland to non-agricultural use? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for'the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10=0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: Proposed restrictions prohibiting wind turbines within 1000' of legally -established residences will avoid most significant conflicts with homes in the County, including homes within the agricultural areas. The footprint of future wind turbines is sufficiently small to avoid significant loss of agricultural land or soil or to conflict with agricultural n Butte County Department of Development Services n 29 ■ Initial -Study — Zoning Code Amendment 7.CA 10-0004 Butte County Wind Turbine Ordinancen Page 6■ 0 0 i Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance . operations. Wind turbines are generally compatible with agricultural uses. The ordinance's impact on agricultural resources is less than significant. Mitigation Measure: None required 4.3 " •AIR QUALITY: Would the proposal: Potentially Significant Less'1'han . Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable X air qpality plan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? e. Result in a cumulatively considerable net increase of any criteria pollutant,for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting substantial number X of eo le? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can .be permitted as accessory structures to any primary permitted use with the' issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as anaccessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor We permit; it would allow large turbines with the issuance of a use permit, and it would prohibit the placement of both small and. large wind turbines in the County's more dense residential zones. It would adopt standards for the design . and placement of wind turbines as described in Appendix A. Impact Discussion: The placement of wind turbines within Butte County is not anticipated to have air quality: impacts. Dust generation associated with construction can be adequately offset by adherence to standard control measures mandated by the Butte County Air Quality Management District. Wind turbines are anticipated to reduce dependence on energy, produced from fossil fuels, which would result in beneficial air quality consequences.. Impacts to. air-quality are. less than significant. Mitigation Measure: None required ■ Butte County Department of Development Services ■ 30 ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County:Wind Turbine Ordinances Page 7w Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance 4.4:.. BIOLOGICAL. RESOURCES: Would the proposal: )[� Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or .. regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Haye.a substantial adverse effect on an riparian habitat or other sensitive natural coir}munity identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? e. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited.to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interni tion, or other means)? - d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established' native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? L Conflict with the provisions of an adopted Habitat Conservation Plan; Natural CommunityConservation Plan, X or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endan &redspecies of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for fora in breeding, roosting; nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Existing Setting: Chapter24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With. the current Zoning Code, wind turbines can be permitted as accessory structures to. any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within. and requirements for the issuance of a building permit. The ■ Butte County Department of Development Services z ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinances Page 8.31. Project Name: WA10-0004 Butte County Wind Turbine Ordinance Zoning Code does not currently contain height limitations, except within: the airport influence areas of the. four county airports (a.k.a. airport compatibility zones): Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The placement of wind turbines would be subject to all applicable state and federal statutes for the protection of biological resources. For instance, state and federal. endangered species protections as well as section 404 of the Clean Water Act prohibiting the unregulated fill of wetlands apply regardless of local permitting practices. Additionally, the Wind Turbine Ordinance requires the issuance of a use permit for large wind turbine and a minor use permit for small wind turbines, which would involve subsequent environmental review pursuant 'to the California Environmental Quality Act (CEQA). Impacts to biological resources would be less than significant. Mitigation Measure: None required 4.5 CULTURAL RESOURCES:'. Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines.. With the current Zoning Code, wind turbines can be permitted as accessory -structures to any primary permitted use with the issuance of.a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place. a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The "Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAI0=0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it. would allow large turbines in most zones with the issuance of a use permit; _and. it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones: It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: With the proposed wind'turbine ordinance, the placement of wind turbines would be'subject to all applicable state and federal statutes for the protection. of cultural resources. For. instance, state and federal laws for the protection of historic resources apply regardless of local permitting practices. Additionally, the Wind `Turbine Ordinance prohibits the placement of wind carbines within 1000 feet of a property listed on the National Register of Historic Places or the ■ Butte County Department of Development Services ■ 32 ■ Initial Study— Zoning Code Amendment ZC410-0004 Butte County Wind Turbine Ordinance■ Page 9■ Potentially ''Less Than Less Than No Reviewed Would the proposal: Significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of X a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of an X . archaeolo 'cal resource pursuant to § 15064.59 c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines.. With the current Zoning Code, wind turbines can be permitted as accessory -structures to any primary permitted use with the issuance of.a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place. a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The "Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAI0=0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it. would allow large turbines in most zones with the issuance of a use permit; _and. it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones: It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: With the proposed wind'turbine ordinance, the placement of wind turbines would be'subject to all applicable state and federal statutes for the protection. of cultural resources. For. instance, state and federal laws for the protection of historic resources apply regardless of local permitting practices. Additionally, the Wind `Turbine Ordinance prohibits the placement of wind carbines within 1000 feet of a property listed on the National Register of Historic Places or the ■ Butte County Department of Development Services ■ 32 ■ Initial Study— Zoning Code Amendment ZC410-0004 Butte County Wind Turbine Ordinance■ Page 9■ ProjectNamc: ZCAIO-0004 Butte County Wind Turbine Ordinance California Register of Historical Resources. The proposed ordinance also requires the issuance of A. use permit for large wind turbine and a minor use.permit for small wind turbines, which would involve subsequent environmental review pursuant to the California Environmental Quality Act (CEQA). Impacts to cultural resources will be less than significant. Mitigation Measure: None required 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than . Significant. Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: I Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including liquefaction? X 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X e. Be located ori a geologic unit or soil that is unstable, or that would become unstable as a result of the project, 'and X potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?. d: Be located on expansive soil, as defined in Table 18-1-B of. the Uniform Building Code (1994), creating, substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system • where sewers are not available for the disposal or waste X water? Existing Setting: Chapter 24 of the Butte. County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to. any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the. setbacks. for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones).. . Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: 'The proposed Wind Turbine Ordinance would allow small wind turbines.in most zones with the issuance of a minor use permit; it would allow large turbines inmost zones with. the issuance of 'a use permit, and it would prohibit the placement of. both small and large wind turbines in the County's more dense. residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. ■ Butte County Department of Development Services ■ 33 ■ Initial Study —Zoning Code Amendment ZC.410-0004. Butte County Wind.Turbine, Ordinances Page ion Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Impact Discussion: Wind turbines require a building permit prior to construction. Building Plans must meet minimum structural standards established by the California Building Code. This would reduce potential impacts from geological processes to a less than significant level. Mitigation Measure: None required 4.7 GREENHOUSE GAS EMISSIONS Would the proposal: Potentially Less Tha n Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Generate greenhouse gas emissions, either directly or X indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation X adopted for the purpose of reducing the emissions of greenhouse gas es? Existing Setting: Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines allow impacts from a particular project to .be described .quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 (h)(3)of the CEQA Guidelines specifies that a project's contribution to a cumulative. effect may be found ,not cumulatively considerable' if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has not adopted a plan or mitigation program for the reduction of greenhouse gases as of the publication of this study. Likewise, it has not adopted thresholds of significance for evaluating greenhouse gas emissions. This section evaluates greenhouse gas emissions relative to the existing environmental setting and compliance with air quality regulations relative to automobile emissions, the primary contributor to greenhouse gas emissions from the proposed project. Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. -It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed Zoning Code Amendments would regulate the design, permitting and placement of wind turbines, thereby providing opportunities for alternative energy within Butte County that are compatible with surrounding land uses. As discussed in the transportation section, below, vehicle trips associated with constructing and maintaining wind turbines would be nominal. Standard mitigation measures to control dust will incorporate recommendations of the BCAQMD during construction. Additional air quality analysis is recommended when projects approach Level B action levels, or 97 dwelling units, which has the potential to generate 25 lbs per day of Reactive Organic Gases. The Wind Turbine Ordinance will 'not generate this scope or scale of development, and therefore, additional analysis is not required. The construction and operation of wind turbines consistent with the proposed Wind Turbine Ordinance will have a less than significant impact on Greenhouse Gas Emissions. Mitigation Measure: None required ■ Butte County Department of Development Services ■ 34 ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page I I ■ Project Name: ZCAIO-0004 Butte County Wind Turbine Ordinance . 4.8.. HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Significant Less Thati : Significant Less Than Significant No Impact Reviewed Under Impact with impact Previous Mitigation Document Incorporated a. Create.a significant hazard to the.public or. the . environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset X and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste X within one .quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Govemment Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the: environment? e. For a project located within an airport landuse plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X ' would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for X people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or X emergency evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas orwhere residences are intermixed with wildlands? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to 'any primary. permitted use with the issaance of a building permit, subject to the setback requirements of the applicable zone: A home, farm or business may place a wind turbine as -an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements'for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within'the airport influence areas.of the four county airports (a.k.a. airport compatibility zones). ■ Butte County Department of Development Services ■ 35 ■ Initial Study — Zoning Code Amendment ZC,41070004 Butte County Wind Turbine Ordinances Page 12■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Proposed ZCA10-0004 Butte County Wind Turbine.Ordinance:. . The proposed Wind Turbine Ordinance would allow'small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines iri most zones with the issuance of a use permit, and it would prohibit the placement of bothsmall and .large wind turbines in the County's more dense residential zones: It would adopt standards for the design "and placement of wind turbines as described in Appendix A. Impact Discussion: Wind turbines require a building permit prior to construction. Building Plans must meet minimum structural standards established by the California Building Code. This would reduce potential hazards to a less than significant level. Mitigation Measure: None required 4.9 HYDROLOGY AND WATER.QUALITY: Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building ■ Butte County Department of Development Services ■ 36 ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinancem Page 13■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with . Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge .. X r uirements? b. Substantially deplete groundwater supplies or interfere . substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby we]Is would drop to a Ievel which would not support existing land uses or planned uses for which permits have been ranted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a .. X stream or river, in a manner which would result in . substantial erosion or siltation on- or off --site? d. . Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water.quality? X g. Place housing within a 100 -year flood hazard area as mapped. on a federal Flood Hazard Boundary or FIood X Insurance Rate Map or other flood hazard delineation map? h. : Place within a 100 -year flood hazard area structures which X would. impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building ■ Butte County Department of Development Services ■ 36 ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinancem Page 13■ • Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance permit, subject to the setback requirements of,the applicable zone. A home, farm or business may -place a wind turbine as an accessory. structure to a legally -established dwelling, commercial .building or farm .operation provided that the wind turbine can meet the setbacks for the zone it is, located within and requirements for the issuance of a building permit. The -Zoning Code does not currently contain -height limitations, except within the airport influence. areas of the four county airports (a.k.a. airport.compatibility zones),. Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit; and it would prohibit the placement of both small and large- wind turbines in the.. County's more . dense residential zones. It. would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: Soil disturbance associated with construction of wind turbines is not anticipated to have water quality. impacts: Erosion and sedimentation can be adequately offset by adherence to standard control measures mandated. by the State Regional Water Quality Control Board's National Pollution Discharge Elimination System. The development footprint of wind turbines is relatively small and is not anticipated to significant water recharge ramifications.' Large wind turbines are subject to the issuance of a use permit and small wind turbines are subject to the issuance of'a minor use .permit which will be require subsequent environmental review: pursuant: to the'California Environmental:Quality Act. Impacts to hydrology and water quality will be less than significant. Mitigation Measure: None required 4.10 LAND USE: Would the Potentially Less Than . Less Than ..No Reviewed r.0.osal: significant Significant Si n.W.cant Im pact Under Impact with Imphet Previous Mitigation Document ' Incorporated a. 'Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X . local coastal�program, or zoning. ordinance) adopted for the purpose of avoiding or mitt ating an environmental effect? c. Conflict with any applicable habitat conservation. plari or natural communityconservation plan? X Existing Setting: . . Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted. use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a -wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind -turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently, contain height limitations, except within the airport influence areas'of the four county Airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines ifi most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines .in the County's more dense residential zones. It .would adopt standards for the design and placement of wind turbines as described in Appendix A. ■ .Butte County Department of Development Services ■ 37 ■ Initial.Study— Zoning Code Amendment ZCA104004 .Butte County Wind Turbine Ordinance■ Page 14■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist PrioIo"Earthquake Fault Zones;, or within 1,000 feet of any:of the following: a residence, the SR, MHP, R-1 to R4, SH, PUD, .RN, and RT zones, A property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related; equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing 'flicker' on any off. -site structure. The required setback from all property lines shall be equal to the height of the wind turbine, except in agricultural zones; in which case, the setback by the applicable zoning district, may apply. Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line,.and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After'l2 months of nonuse, wind turbines are subject -to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater Impact Discussion: ' The proposed wind turbine otdi» ance. would reduce potential land use compatibility impacts ascompared to existing regulatory environment, as described in the preceding paragraphs. Impacts would not be significant due to the establishment of. general ..regulatory requirements restricting the location of new wind turbines away fi-om areas anticipated to result in land use incompatibilities such as City Spheres of Influence, airport compatibility zones, earthquake fault zones, and within 1,000 feet of a residence, residential zone, properties listed on the National Register of Historic Places or the California Register of Historical Resources, or designated scenic resources. Pursuant to Senate Bill 45 (SB45) state standards.relative to wind turbines, would be imposed on local jurisdictions unless local regulations are adopted by December 31, 2010. This ordinance, applicable to the County's existing zones, would be superseded with adoption of a new 2030 Zoning Ordinance which contains new zoning designations and is scheduled for adoption in the spring of 2011. Land use impacts resulting from.the proposed ordinance will be less than significant. Mitigation Measure: None required 4.11 'MINERAL RESOURCES: Would the.proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated .a. Result in the -loss of availability of a known.mineral resource that would be of value. to the region and the X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X plan, specific plan, or other land useplan? ■ Butte County Department of Development Services ■ 38 n. Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinancem Page 15■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Impact Discussion: Based on the scope of the wind turbine ordinance, no significant impacts to mineral resources are foreseen. Mitigation Measure: None required 4.12 NOISE: Would the proposal:. Potentially significant Less Than Significant ' Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels. in excess of standards established in the local general plan or X noise ordinance, or applicable standards.ofother agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. Fora project located within an airport land use.plan.or, :where such a.plan has not been adopted, within two miles of a public airport or public use airport, would the proj ect X expose people residing or working in the project area to .excessive noise levels? f. For a project within the vicinity of a private airstrip; would the project expose people residing or working in X the project area to excessive noise levels? Existing Setting.- Chapter etting:Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With,the current Zoning Code, wind turbines -can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small'and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would preclude wind turbines in residential zones, or within 1,000 feet of, a residence of residential zone. It would limit noise from wind turbines to 45 decibels as measured at the closest property line. Additionally, applications for wind turbines would be required to submit noise specifications and/or noise studies demonstrating that operations will not exceed 45 decibels as measured at the nearest property line. The sound of 45 decibels is about the sound level of two people talking together in a normal voice. Large wind turbines are subject to the issuance of a use permit and small wind turbines are subject to the issuance of a minor use permit, both of which will be r Butte County Department of Development Services ■ 39 ■ Initial Study — Zoning Code.Amendment ZC41070004 Butte County Wind Turbine Ordinances Page 16a Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance require subsequent environmental review pursuant to the California Environmental Quality Act which provides an opportunity to further evaluate noise impacts and impose mitigation measures as necessary. Noise impacts from adoption of the wind turbine•ordinance are expected to be less than significant. Mitigation Measure: None required 4.13 HOUSING: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessorystructures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or. farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would .prohibit the placement of both small and large wind turbines -in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: . The proposed wind turbine ordinance would reduce.regulate the placement of wind turbines throughout the county. It would not substantially influence population growth or displace persons or housing. It would have no impact on housing, Mitigation Measure: None required a Butte County Department of Development Services ■ 40 ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinances Page 17■ Project Name: ZCAIO-0004 Butte County Wind Turbine Ordinance 4.14 PUBLIC SERVICES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Undcr• proposal: Impact with Impact Impact Previous Impact.. Mitigation Impact Document Incorporated Document ' a. Would the project result in substantial adverse physical, Incorporated impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered governmental. facilities, the construction of which X could'cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other objectives for an of the public services.?' .performance b. irerotection? X G Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit, it would allow large turbines in most zones with the issuance of a use permit, and it would. prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: . The proposed wind turbine ordinance would regulate the placement of wind turbines throughout the county. It would not add housing units or substantially influence the provision of public services. It would have no impact on public services. Mitigation Measure: None required 4.15 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Sigliificant significant Impact Under Impact.. with Impact Previous Mitigation Document ' Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be •. X accelerated? ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCAJO-0004 Butte County. Wind Turbine Ordinance■ Page 184 • Project Name: ZCAIG-0004 Butte County Wind Turbine Ordinance W Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Cause an increase in traffic which is substantial in relation Incorporated b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X X adverse physical effect on the environment? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. .It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce regulate the placement of wind turbines throughout the county. It would not add housing units or increase the need .for recreational facilities. It would have no impact on recreational facilities and services. Mitigation Measure: None required 4.16 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous. 'Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change iti air traffic patterns, including either an increase in traffic levels or a change in location that results X . in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses e.., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X ■ Butte County Department of Development Services ■ 42 ■ Initial Study — Zoning Code Amendment ZCA10-0004 BuIM County Wind Turbine Ordinaneem Page 19■ Project Name: ZCAIO.0004 Butte County Wind Turbine Ordinance Would the Potentially Less Than Less Than No Reviewed proposal: Significant significant, Significant Amlact Under Impact with Impact Previous Mitigation Document Incorporated g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically -regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary. permitted use with :the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure. to a legally -established dwelling, commercial building 'or farm operation provided that the wind turbine can meet the setbacks for the zone itis located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004.Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would. allow. small wind turbines. in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in .the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix.A. Impact Discussion: The proposed wind turbine ordinance would regulate the placement of wind turbines throughout the county. It would not add housing units or increase the need for transportation facilities. Traffic generated by the development of a small or large wind turbine will be short-term in duration, similar to other types of accessory. structures that would be permitted by right. Large wind turbines are subject to the issuance of a use permit. and small wind turbines are subject to the issuance of a minor use permit, both of which will be require subsequent environmental review pursuant to the California Environmental Quality Act which provides an opportunity to further evaluate transportation impacts for a: specific wind turbine and impose mitigation measures as necessary.. Transportation impacts will be less than significant. Mitigation Measure: None required 4.17 'UTILITIES AND SERVICE SYSTEMS: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? r. Butte County Department of Development Services ■ 43 ■ Initial Study —Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinances Page 20■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the cuirent Zoning Code, wind turbines can be permitted as accessory structures to any primarypermitted use wifh the issuance of a building permit, subject to thd'setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure 'to a •legally -established dwelling, 'commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it, wobld allow large turbines'in`most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce regulate the placement of wind' turbines throughout the county. It would not add housing units. The ordinance, requires power line to be placed underground when feasible. Large wind turbines are subject to the issuance of a use permit and small wind turbines are subject to the issuance of a minor use permit, both of which will be require subsequent environmental review pursuant to the California Environmental Quality Act which provides an opportunity to further evaluate utility impacts and impose mitigation measures or conditions of approval as necessary: Utility impacts from adoption of the wind turbine ordinance are expected to be less than significant. Mitigation Measure: None required ■ Butte County Department of Development Services ■ 4 ■ Initial. Study —Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance: Page 21 m Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant : Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has X adequate,capacity to serve the project's projected demand in addition to, the.provider's existing commitments? E Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. :'Comply with federal, state, and local statutes, and X regulations related to solid waste? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the cuirent Zoning Code, wind turbines can be permitted as accessory structures to any primarypermitted use wifh the issuance of a building permit, subject to thd'setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure 'to a •legally -established dwelling, 'commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it, wobld allow large turbines'in`most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce regulate the placement of wind' turbines throughout the county. It would not add housing units. The ordinance, requires power line to be placed underground when feasible. Large wind turbines are subject to the issuance of a use permit and small wind turbines are subject to the issuance of a minor use permit, both of which will be require subsequent environmental review pursuant to the California Environmental Quality Act which provides an opportunity to further evaluate utility impacts and impose mitigation measures or conditions of approval as necessary: Utility impacts from adoption of the wind turbine ordinance are expected to be less than significant. Mitigation Measure: None required ■ Butte County Department of Development Services ■ 4 ■ Initial. Study —Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance: Page 21 m Project Name: ZCA10.0004 Butte County Wind Turbine Ordinance 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or, wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict X the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but' . cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects ofprobable future projects)? c. Does the project have environmental effects which will . cause substantial adverse effects on human beings, either X directly or indirectly? The mandatory findings of significance show a low level of environmental impact resulting fiom the zoning code amendment. A Negative Declaration of.environmental impact is recommended for adoption. 5.0. ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and. Fault Activity Map I 1-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element.' Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977.. 4. Butte County Board of Supervisors. Agricultural Preserves May, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 5. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 6. Butte County General Plan:. Land Use, Housing Elements 7. Butte County Zoning Ordinance ■ Butte County Department of Development Services ■ 45 ■ Initial Study — Zoning Code Amendment 2CA10-0004. Butte County Wind Turbine Ordinances Page 22■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance APPENDIX A: Article V Specific Use Requirements 24-301 Wind Turbines A. Purpose and Intent. The purpose and intent of this section is to establish procedures and standards applicable to the development of wind turbines in order to promote clean sources of energy which are compatible with land uses in the vicinity. B. Applicability. The provisions of this section shall.apply to all structures operated for the generation of wind energy. C. Definitions. The following definitions shall apply in connection with the interpretation and application of this section: 1) Wind Turbine, Large. Any Wind energy conversion system that is not classified as a Small Wind Turbine. 2) Wind Turbine, Small. Wind.turbinesrated 20kW or less that will be used primarily to reduce onsite consumption of utility power. D. Permitting Requirements. 1) Wind turbines shall not be permitted on land within the following locations: (a) City Spheres of Influence, unless permitted by the City (b) Airport Land Use Compatibility Zones (c) Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems (d) Alquist Priolo Earthquake Fault Zones 2) Wind turbines shall not be permitted'on land within 1,000 feet.of the following: .(a) A residence. (b) The SR, MHP, R -I to R-4, SH, PUD, RN, or RT zones. (c) A property listed on the'National Register of Historic Places or the California Register of Historical Resources (d) Designated scenic resources 3) All wind turbines are subject to the following land use permitting requirements in specified zoning districts, in addition to all applicable requirements of this Chapter. ■ Butte County Department of Development Services ■ 46 im Initial Study — Zoning Code Amendment ZCAIO-0004 Butte County Wind Turbine, Ordinance■ Page 23 ■ Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR, FR, MR, SR, MHP, R -I M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P -Q PUD, RN, RT, Large Wind UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine ■ Butte County Department of Development Services ■ 46 im Initial Study — Zoning Code Amendment ZCAIO-0004 Butte County Wind Turbine, Ordinance■ Page 23 ■ Project Name: 7_CA10-0004 Butte County Wind Turbine Ordinance E. Wind Turbines—General Requirements. The following requirements shall apply to both small and large wind turbines. (1) Wind turbines shall be painted a neutral, non -reflective color. (2) Power lines shall be placed underground when feasible. (3) All facilities shall meet the following minimum setbacks (a) All new facilities shall be located on a -lot so that the distance from the base of the facility to the parcel 4 lot boundary is equal to or greater than the height of the facility, except where facilities are located in Agricultural Zones (A-5 through A-160) and one of the following circumstances apply: 1. The wind turbine is adjacent to an existing structure such as a barn, rice dryer, or other facility such that the facility will blend with the surrounding area, or 2. The adjacent property owner(s) consent in writing to a lesser distance. (b). Where facilities are located in Agricultural Zones (A-5 through A-160) and one of the specified circumstances apply, the facility shall demonstrate the minimum setback distance required by the zone. (4) Appropriate warning signs, no larger than.4 square feet, shall be placed on or near wind turbines. Wind turbines and related equipment will not be used to advertise or promote any product or service. (5) Noise levels resulting from normal operation of a -wind turbine shall not exceed 45 decibels as measured at the nearest property line. Applications for wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed 45 decibels as'measured at the nearest property line. (6) Wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' on any off-site structure. (7) Wind turbines shall be removed if it- they remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisanee eedes and code enforcement actions. (8) Wind turbines shall not be placed on parcels less than one acre in size. F Small Wind Turbines—Requirements. Small wind turbine shall comply with Wind Turbines-- General Requirements noted in 24-301E and the following: (1) Small wind turbines shall be designed and appropriately sized to serve the needs of the use on the site. (2) The maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on.parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ Butte County Department of Development Services ■ 7 ■ Initial Study — Zoning Code Amendment 7 -CA 10-0004 Butte County Wind Turbine Ordinance■ Page 240 " ' Pagel of 1. OR) Jolliffe, Stacey From`: Calarco; ,Pete- Sent: Pete 'Sent: Friday,, November 05, 2010 10:29 AM To: Jolliffe, Stacey , Subject: windturb permits.xls . here's the file Permit Number APPLIED SITE_ADDR JOWNER SITE'APN, APPLICANT NAME CONTW B08-0778 ✓ 04/28/2008 4424 HUMMER _NAME KOVACS, LIVING 063-340-013' KOVACS, LIVING RD TR TRUST B09-0348 ' RIVER ROAD BREMNER FARMS, 039-490-007 /03/18/2009 B09-0349° ✓ 03/18/2009 RIVER ROAD BREMNER FARMS, 039-490-007 B09-0350 !, 03/18/2009 RIVER ROAD BREMNER FARMS, 039-490-007 B09-0328 _ / 03/13/2009 4139 WILLOW ABCC JOHNSEN 039200-073 ABCC JOHNSEN OWNER V LAN RE REVOC 608-.1564 ✓ 08/07/2008 4665`' MONCEAU, PETER 047-200-072 ST CLAIR CONST CO ST CLAI / WILDHORSE B08-1205 / 06/23/2008 700 STILSON STEINSIEK 018-440-043 ST CLAIR CONST CO ST CLAI ••J// CAN REVOCA B07-2613 12/20/2007 188 PATTON KEEN, CHARLES H 058-690-018 J MICHAEL MADDEN ST CLAI PEAK & . B07-1980 09/18/2007 4139 HIDDEN WALLRICH, 041-110-078 SCOTT JACKSON ST CLAI VALL DONALD B07-2369 11/20/2007, 13366 SHEEP WILLS, JAMES & 016-220-044 ST CLAIR CONST CO . ST CLAI HAL - ELI B08-2328 11/19/2008 9457 RIVER RD BREMNER, JAMES 039-490-006 SCOTT JACKSON ST CLAI Hello Interested Parties: You are being sent this courtesy, email because of your past or current interest in wind turbines within Butte County. Please feel free to forward this to others interested in the County's wind turbine regulations. On November 18, 2010 at 9:00 am (or shortly thereafter) in the Board of Supervisors Chambers, 25 County Center Drive, Oroville, the Butte County Planning Commission will consider a Zoning Code Amendments to regulate the design, permitting and placement of wind turbines. The Planning Commission will make a recommendation on the proposal to the Board of Supervisors which is tentatively scheduled to hear the Zoning Code Amendment on December 14, 201.0. Pursuant to Senate Bill 45 (SB45) state standards relative to wind turbines will be imposed on local jurisdictions, unless local regulations are adopted by January 1, 2011. After this date, SB45 will prohibit the county from imposing conditions relating to specified aspects of these systems that are more restrictive than certain specified requirements of, and conditions upon, wind turbine systems. This ordinance, applicable to new turbine installations in the County's existing zones, would be, superseded with adoption of a new 2030 Zoning Ordinance, which contains new zoning designations and is scheduled for adoption in the spring of 2011. The proposed Zoning Code Amendment and Initial Study of Environmental Effect per the California Environmental Quality, Act are available on the Department of Development Services webpage at http://www.buttecounty.net/DDS/ and then by selecting `Planning', 'IS - MND -,ND (Initial Study - Mitigated Negative Declarations - Negative Declarations )', and finally, the document name 'IS MND ZCA10-0004 Butte County' A summary of the wind turbine ordinance follows: • The proposed wind turbine ordinance. would allow small wind turbines in agricultural,, timber production, industrial, commercial, unclassified, foothill recreational, mountain recreation, and public/quasi-public zones with minor use permits. See Table A below. • It would allow large turbines in these same mostly non-residential zones with the issuance of a use permit. • it would prohibit the placement of wind turbines in the County's more dense residential zones. • Small wind turbines, defined as "wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power." • Large turbines are defined as "any wind energy conversion system that is not classified as a Small Wind Turbine." Table A • Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space, or agriculture easements which do not allow wind turbines or wind energy, conversion systems; Alquist-Priolo Earthquake Fault Zones; or within Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR,'FR, MR, SR, MHP, R-1 M-2, C -C, P -Q, R -P TM, U, N -C, H- to R-4, SH, C, P -Q PUD, RN, RT Large Wind UP UP UP ' Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine • Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space, or agriculture easements which do not allow wind turbines or wind energy, conversion systems; Alquist-Priolo Earthquake Fault Zones; or within 1,000 feet of any of the following: a residence, SR, MHP, R-1, to R-4, SH, PUD, RN, or RT zones, a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a, designated* scenic resources. • The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not'be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing 'flicker' on any off-site structure. • The required setback from all property lines shall be equal to the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. • Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and any wind turbines shall be removed if it remains inoperable for a period exceeding 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. • The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater If you have trouble opening the link noted above, if you would like additional information, please feel free, to contact me at the phone number below, or by reply to this email. Thank you in advance for your consideration and input on this important issue to our county. Stacey 1ol/iffe Principal Planner, Current Planning Section Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 Phone: 530.538.6573; FAX 530.538.2140 Email: sjolliffe(dbuttecounty.net Website: www.buttecounty.net/dds Reports for Planning Commission hearings: http://tinyuri.com/2009agendas County Of Butte Email Disclaimer: This email and any attachment thereto may contain private confidential, and privileged material for the sole use of.the intended recipient. Any review, copying, or distribution of this e-mail (or ar attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOl the intended recipient, please contact the sender immediately and permanently delete the original and any copies o - this e-mail and any attachments thereto. Notice of. Completion & Environmental. Document Transmittal Appendix C Mail to: State Clearinghouse, P.O. Box 3044, Sacramento,.CA 95812-3044: (916) 445-06.13 Other: ❑ FONSI For Hand Delivery/Street-Address.; 1400 TerAh Street, Sacramento, CA 95814 SCH # ——---- — — — — Project Title: Wind Turbine Ordinance = Lead Agency: Butte County Contact Person: Stacey Jolliffe Mailing Address: 7 County Center Drive Phone: 530.538.6573 City: Oroville Zip: 95926 County: Butte Project Location: County: Butte City/Nearest Community: County -wide — Cross Streets: "n/a Zip Code: Longitude/Latitude (degrees, minutes and seconds): " N-/- 0 W Total Acres: Assessor's Parcel No.: Various, Section: Twp.; ..Range: Base: - Within 2 Milm State I•Iwy #: SR32, 99, 149, 70, 162, 18 Waterways: County -wide Airports: Chico,Paradise, Oroville, Railways: County -wide Schools: County -wide . --- _ --- — — - — — — — Document Type — - — — — — — - - — — — — — _ - — — .— — — — — CEQA: ❑ NOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ -Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑✓ Neg Dec (Prior SCH No ) ❑ Draft EIS ❑Other ❑ Mit Neg Dec Other: ❑ FONSI -- Local Action Type:—- ——---- — — — — --—————-- — -- -------- FT General Plan Update. . ❑ . Specific Plan ❑ Rezone ❑ • Annexation ❑: General Plan Amendment ❑ Master Plan. ❑ .Prezone ❑ Redevelopment ' ❑ General Plan Element" " ❑ • Planned Unit Development ❑ Use Permit - r-1 Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) El Other2oning Amendref Development Type:— — — — --- — — — — — — — — — — — — --- — — — — — - — - — — — --- ❑ Residential: 'Units Acres ❑ Off -ice: Sq' -ft, • Acres Employees •" .❑ Transportation: •Type ❑"Commercial:Sq.ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees .. ❑ Power: Type wind turbines MW various ❑ Educational: ❑ Waste Treatment: Type MGD ❑ Recreational: ❑ Hazardous Waste:Type ❑ Water Facilities:Type. MGD ❑ Other:• — — --- — — — — ----- — — — — — Project Issues Discussed in Document: — — — — — —— ❑� Aesthetic/.Visual ❑ Fiscal 21 Recrc:ation/Parks Vegetation 21 Agricultural Land ❑r Flood Plain/Flooding Schools/Universities 0 Water Quality [D Air Quality: 0 Forest Land/Fire Flazard ✓❑ Septic. Systems ❑✓ Water Supply/Groundwater El Archeological/Historical ❑✓ Geologic/Seismic 21 Sewer Capacity Wetland/Riparian " 0 Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading Q Growth Inducement ❑ Coastal Zone ❑ Noise E Solid Waste . Land Use Drainage/Absorption D Population/Housing Balance 0 Toxic/Hazardous ❑Cumulative Effects" ❑ Economic/Jobs❑ Public Services/Facilities EI .Traffic/Circulation .. ❑.Other: Present Land Use/Zoning/General Plan Designation see attached Project Description: (please.use a separate page if necessary) see attached Note: The State Clearinghouse ivill assign identification numbersfor all new projects. Jf a SCH number already. exists jor a projwt.(e.g. Notice of Preparaliofiar I)revious draft document) please fill in., Revised 2008 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an "S". Air Resources. Board Office of Emergency Services Boating &. Wateiways, Department of Office of Historic Preservation California Highway Patrol '. Office. of Public School Construction . . Caltrans District # Parks &Recreation; Department of X Caltrans Division.of Aeronautics . Pesticide Regulation, Department of Caltrans PlanningPublic Utilities Commission Central Valley Flood Protection Board Regional WQCB # Coachella Valley Mtns. Conservancy Resources Agency Coastal Commission S.F.-Bay Conservation &. Development Comm. Colorado.River Board San Gabriel & Lower L.A..Rivers & Mtns: Conservancy .. ' X Conservation, Department of San Joaquin River Conservancy Corrections, Department of Santa Monica Mtns, Conservancy Delta Protection Commission State Larids Commission Education, Department of SWRCB: Clean Water Grants . Energy,Commission SWRCB: Water -Quality X Fish & Game Region #, SWRCB: Water Rights. Food & Agriculture, Department of Tahoe Regional PlanningAgency ' X Forestry and Fire Protection; Department of Toxic Substances Control, Department of General Services, Department of Waier•Resources, Department of . Health Services, Department of 'Housing & Community Development 'Other; . Integrated Waste Management Board Other: Native -American Heritage Commission Local.Public.Review Period (to be filled in by lead agency) Starting Date October 29, 2010 Ending Date November. 30,.2010 Lead Agency (Complete: if applicable): Consulting Firm: none Applicant: Butte County, Attn: Development .Services Address: Address: 7. County Center Drive -City/State/Zip: City/State/Zip:• Oroville, -CA 95926 Contact: Phone: 5301-538-6573 Phone: signature of Lead Agency Representative:'—i,742ZZ •` Date: . Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code: Revised 2008 Notice of.Completion . Attachment 1. Present Land Uses: County-wide Ordinance affects residential, commercial, industrial, agricultural, foothill, timber mountain, scenic highway and vacant parcels. Zonings Ordinance. applies to' all zones: A, TPZ; M-.l; M-2, L=I, C-l; C-2; C-C;P-Q,.R=P, AR, FR; MR, T;MU, N=C; H-.C, -SR, MHP,-R-.1 to R 4; R=N;:R-T; SH, and PUD General Plan: T This ordinance is anticipated to be acted upon after adoption ..of Butte County. General Plan 2030 which includes the following General Plan. 2030.designaii6ns: Agriculture,...Agriculture Services; . Timber Mountain, Resource Conservation, Foothill. Residential, Rural Residential, Very. Low Density, -Low Density, Medium Density, Medium High .Density, . High Density; Very High Density; Mixed :Use; Retail and -Office,. Recreation Comniercial, .Industrial, and Research and : Business Park., Planned Unit Development, and Public. :Project Description: Butte `County proposes to .adopt a. wind turbine ordinance (See Appendix A) which. would. allow small '"wind . turbines in .agriciiltural timber . production,. industrial,. commercial; unclassified; foothill ' recreational, mountain recreation, and public/quasi-public zones.with minor use permits (A; TPZ,.M=l; M-2; L, C-4 : l; C-2; C-C, P-Q, R-P;-AR) FR, TM, MR, U, N=C, H-C:, and.P% It would allow. large turbines .in these same mostly non-residential zones with the issuance of a use permit. It would, prohibit. the .placement of wind turbines in the County's more dense .residential. zones (SR, MHP, R-1,-R-2, R-3, and,R-4, SH, PUD, RN, and: RT), as summarized in Table A below. Pursuant.to Senate Bill 45.(SB45) state standards relative.to wind. turbines .would... : be imposed on local: jurisdictions unless local , regulations . are adopted by December 31', 2010. This ordinance; ' applicable to the County's existing zones, ' would be superseded with adoption of a new 2030 Zoning Ordinance which contains new zoning designations and is scheduled for'adoption in the spring of 2011. Small wind turbines, defined as "wind. turbines- rated'-20W or. less that will be used-primarily to reduce onsite, consumption. of utility power:" Large. turbines are defined. as `.`any. wind energy conversion system that. is not' classified as a Small . Wind Turbine." Additionally, the proposed wind turbine ordinance would not . permit � the placement of wind `turbines on. land within City Spheres, of Influence .unless . permitted by the City; Airport Land Use.:Compatibility Zones; Conservation,. open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems;, Alquist Priolo Earthquake Fault Zones;; or within 1,000 feet of any of the following:: a_residence,-SR; MHP, R4 to R-4, SH; PUD; RN, or RT zones, aproperty listed on the National Register of Historic. Places or the California Register of 'Historical Resources, .or a designated, scenic resources. The proposed ordinance contains general requirements applicable to Both small and large wind .turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral., non -reflective color, power lines: shall be placed underground when feasible, appropriate warning signs, no aarger than..4 square feet, shall be placed on or near, wind turbines; wind turbines and related` equipment will not be used to advertise or pro any product or. service,. and wind turbines shall .be placed and. oriented,. to avoid casting a shadow or.causing.'flicker' on any.off-site . structure. . The required setback from all property, -lines shall be .equal to 'the height of the wind turbine (height of the blade); except in agricultural zones,. in which case; the setback by the: applicable zoning district, may. apply. Standards applicable to both small and large turbines specify:that noise levels resulting from. normal. operation of a wind turbine shall not exceed- 45. decibels as measured at.the nearest. property line, and windturbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse; wind. turbines are subject to nuisance. codes and code enforcement actions. The:proposed ordinance also:contains:.additionalheight limitations for..small wind turbines: -the maximum height of small. wind turbines :and'.towers, .as measured, whenrotor blades are in vertical, (highest) position, shall be: . 1. 60 feet on parcels less than 5 acres in' size 2. 80 feet on parcels.5 acres or greater Zoning District A, TPZ, M-1, L -I; C=1, G2, AR, FR, MR,.. SR; MHP, R-1 M-2, CC, P -Q; *R- ' TM, U, N=C, to R-4, SH; . P 'H -C, P=Q PUD; RN, RT Large Wind . UP . UP UP Not allowed Turbine Small.Wind MUP'-. MUP MUP Not allowed Turbine Additionally, the proposed wind turbine ordinance would not . permit � the placement of wind `turbines on. land within City Spheres, of Influence .unless . permitted by the City; Airport Land Use.:Compatibility Zones; Conservation,. open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems;, Alquist Priolo Earthquake Fault Zones;; or within 1,000 feet of any of the following:: a_residence,-SR; MHP, R4 to R-4, SH; PUD; RN, or RT zones, aproperty listed on the National Register of Historic. Places or the California Register of 'Historical Resources, .or a designated, scenic resources. The proposed ordinance contains general requirements applicable to Both small and large wind .turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral., non -reflective color, power lines: shall be placed underground when feasible, appropriate warning signs, no aarger than..4 square feet, shall be placed on or near, wind turbines; wind turbines and related` equipment will not be used to advertise or pro any product or. service,. and wind turbines shall .be placed and. oriented,. to avoid casting a shadow or.causing.'flicker' on any.off-site . structure. . The required setback from all property, -lines shall be .equal to 'the height of the wind turbine (height of the blade); except in agricultural zones,. in which case; the setback by the: applicable zoning district, may. apply. Standards applicable to both small and large turbines specify:that noise levels resulting from. normal. operation of a wind turbine shall not exceed- 45. decibels as measured at.the nearest. property line, and windturbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse; wind. turbines are subject to nuisance. codes and code enforcement actions. The:proposed ordinance also:contains:.additionalheight limitations for..small wind turbines: -the maximum height of small. wind turbines :and'.towers, .as measured, whenrotor blades are in vertical, (highest) position, shall be: . 1. 60 feet on parcels less than 5 acres in' size 2. 80 feet on parcels.5 acres or greater Project Name: ZCA10-0004 Buttc !ounty Wind Turbine Ordinance • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR Butte County Wind Turbine Ordinance 1.0 PROJECT INFORMATION A. Applicant/Owner: County of Butte B. Engineer: Not Applicable C. Staff Contact: Stacey Jolliffe (530) 538-6573 D. Proiect Name: ZCA10-0004 Butte County Wind Turbine Ordinance E. Proiect Location: Countywide F. Type of Application(s): Zoning Code Amendments to regulate the design, permitting and placement of wind . turbines G. Assessor's Parcel Number(s): Various H. Proiect Site Size: Not Applicable I., Current Zoning: Ordinance applies to all zones: A, TPZ, M-1, M-2, L -I, C=1, C-2, C -C, P -Q, R -P, AR, FR, MR, TM, U, N-C,,H-C; SR, MHP, R-1 to R-4, R -N, R -T, SH, and PUD J. General Plan Designations: This ordinance is anticipated to be acted upon after adoption of Butte County General Plan 2030 which includes the following General Plan 2030 designations: Agriculture, Agriculture Services, Timber Mountain, Resource Conservation, Foothill Residential, Rural Residential, Very Low Density, Low Density, Medium Density, Medium High Density, High Density, Very High Density, Mixed Use, Retail and Office, Recreation Commercial; Industrial, and Research and Business Park., Planned Unit Development, and Public. Should General Plan 2030 not be adopted prior to this ordinance, the following current land use designations would apply: Orchard and Field Crops, Grazing and Open Land, Timber Mountain, Agricultural Residential; Foothill Area Residential, and Low Density Residential, Medium Density Residential, High Density Residential, Commercial,.and Industrial, Public, Solid Waste Facility Combining Designation, and Sports and Entertainment. K. Environmental Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically'regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit; subject to the setback requirements of the applicable zone. A home, farm or business may currently place a wind turbine as an accessory structure to a legally— established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). L. Surrounding Land Uses: Residential, commercial, industrial, agricultural, foothills, timber mountain, scenic highways and vacant parcels. M. Proiect Descriptions: ' Butte County proposes to adopt a wind turbine ordinance (See Appendix A) which would allow small wind turbines in agricultural, timber production, industrial, commercial, unclassified, ■ Butte County Department of Development Services ■ 0 Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 1 ■ Project Name: ZCA10-0004 Butte.County Wind Turbine Ordinance N. Public. Agency. Approvals: .Butte. County. Environmental Health. Division, Butte County. Public Works Department, Butte CountyFire Department/CDF for eventual construction activities allowed. .2.0:. DETERNIINATION [ X. ] I find that the proposed project COULD NOT .have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project COULD have a significant effect on. the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project . proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on. the environment, and an ENVIRONMENTAL IMPACT REPORT is required... [ _] I fmd.that the proposed project MAY have a, "potentially significant impact" or "potentially significant unless mitigated" impact on the environmenf; but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,'and 2) hasbeen addressed by mitigation measures based on the earlier analysis as described on attached. sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I. find that although the proposed .project could have a significant effect ori the environment,. because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards; and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,. including revisions or mitigation measures that are imposed on -the p7ppsed project, nothing further is required. 10._ . 2-6- — Zt7 Pre y: ce J e; Pr' cip lanner Date 46 .Reviewed by: Mark Michelenea;.Seni r Planner Date 3.0 _ . POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING. A. 'Environmental Factors Potentially Affected: The. environmental factors checked below could be.potentially affected by this project, involving at least one impact . that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ 4.1 Aesthetics' ❑ 4.2 Agriculture. Resources ❑ 4.3 Air Quality ❑: 4.4 Biological Resources ❑ 4.5. Cultural Resources ❑ 4.6 Geologic Processes ❑ 4.6 " Greenhouse Gas Emissions ❑ 4.7 Hazards/Hazardous Material ❑ 4.8 Hydrology/Water Quality ❑ 4..9 Land Use . ❑ 4.10 , Mineral Resources E14.1 1. Noise. ❑ 4.12 Housing ❑ 4.13 Public Services ❑ 4.14 Recreation 4.15 Transportation/Traffic . ❑. 4.16 Utilities/Service Systems. ❑ 4.17 Mandatory Findings of Significance . B. Evaluation of Environmental Impacts: Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "'No Impact' answers that are adequately supported by the information'.sources :a lead agency -cites in.the parentheses following.each question..A "No Impact' answer is adequately supported if the referenced information sources show that the -impact simply does not r Butte County Department_ of Development Services ■ n Initial Study -Zoning Code Amendment ZCA10-0004 Butte County. Wind Turbine Ordinance■ Page 3 m Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance foothill recreational, mountain recreation, and public/quasi-public zones with minor use permits (A, TPZ, M- 1, M-2, L -I, C-1, C-2, C -C, P -Q, R -P, AR, FR, TM, MR, U, N -C, H-C.,.and PQ). It would allow large. turbines in these same mostly non-residential zones with the issuance of a use permit. It would prohibit the placement of wind turbines in the County's more dense residential zones (SR; MHP, R-1, R-2, R-3, and R-4, SH, PUD, RN, and RT), as summarized in Table A below. Pursuant to Senate Bill 45 (SB45) state standards relative to wind turbines would be imposed on local jurisdictions unless local regulations are adopted by December 31, 2010. This ordinance, applicable to the County's existing zones, would be superseded with adoption of a new 2030 Zoning Ordinance which contains new zoning designations and is scheduled for adoption in the spring of 2011. Small wind turbines, defined as "wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power." Large turbines are defined as "any wind energy conversion system that is not classified as.a Small Wind Turbine." Tahle A Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4; SH, PUD, RN, or RT zones,a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general. requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise. o.r promote any product or service, and wind turbines shall be placed and oriented to avoid casting.a shadow, or causing `flicker' on any off-site structure. The required setback from all property lines shall be equal to the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if.it. remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height.of-small. wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ Butte County Department of Development Services ■ ■ Initial Study— Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 2■ Zoning District A, TPZ, M-1, M-2, L -I, C-1, C -2,,C -C, AR, FR; MR, TM, SR, MHP, R-1 to P -Q, R -P U, N -C, H -C, P -Q R-4, SH, PUD, - RN; RT , Large Wind UP UP UP . Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, SR, MHP, R-1 to R-4; SH, PUD, RN, or RT zones,a property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general. requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise. o.r promote any product or service, and wind turbines shall be placed and oriented to avoid casting.a shadow, or causing `flicker' on any off-site structure. The required setback from all property lines shall be equal to the height of the wind turbine (height of the blade), except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if.it. remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines: the maximum height.of-small. wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater ■ Butte County Department of Development Services ■ ■ Initial Study— Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 2■ -Project Name, ZCA10-0004ButteCounty Wind Turbine Ordinance Apply. to projects like .the one involved (e:g., the project falls outside. a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors.as'well as general standards, (e.g., the project would, not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off: site as well as on-site, cumulative as well as project -level, indirect as.well.as direct, and construction as well as'operational impacts.. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must, indicate whether the impact is potentially'significant, less than significant with mitigation,.or less than significant. "Potentially 'Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the -determination. is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation:Incorporated" applies where'the incorporation of mitigation' measures has reduced an effect from `.`Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must -describe the mitigation measures, and briefly explain how they reduce the effect to•a less than significant level (mitigation measures from. Section XVII, "Earlier Analyses," maybe cross-referenced). 5) "Reviewed Under Previous Document." Earlier. analyses maybe used where, pursuant to the tiering, program EIR, or other CEQA process,. an effect has been adequately analyzed in an earlier EIR of negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Ldentify and state where they are• available. for review. b) Impacts Adequately Addressed: Identifywhich effects from the above checklist were within the scope of and adequately. analyzed in an earlier document pursuant to applicable legal standards, -And state whether such effects were addressed.by mitigation measures based on the earlier analysis. c) Mitigation Measures: For effects that are "Less' Than Significant., with. Mitigation Measures Incorporated,", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist. references to information sources for potential impacts, (e.g., general• plans, zoning ordinances). Reference to a: previously prepared or •outside document . should, where appropriate; include a reference to the.page or pages where the statement is substantiated. 7) .Supporting Information Sources: A .source list should .be attached, and other sources used or individuals contacted should:be' cited in the discussion. 8) The explanation of each issue'should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to. less than significant. m Butte County Department of:Development Services ■.Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 4■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance 4:0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant LessThan Significant No Impact Reviewed Under Impact I with Impact Previous Mitigation Document Incorporated a. .Have a substantial adverse effect on a scenic vista? X b. .Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use withthe issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as anaccessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four_ county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design -and placement of wind turbines as described in Appendix A. Impact*Discussioh: The proposed wind turbine ordinance would reduce potential aesthetic impacts from the placement of wind turbines within .Butte County through the establishment of general requirements and height restrictions, and by precluding the placement of wind turbines -in, or within a distance of 1000 feet from, the following zones: SR, MHP, R-1 to R-4, SH, PUD, RN, and RT. Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow .wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, SR, MHP; R-1 to R-4, SH, PUD, RN, and RT zones, A property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and largewind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed on or near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines shall be placed and oriented to avoid casting a shadow or causing `flicker' .on any off-site structure. The: required setback from all property lines shall be equal to the height of the. wind turbine, except in agricultural zones, in which case, the setback by the applicable zoning district, may apply. ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA16-0004 Butte County Wind Turbine. Ordinance■ Page 5■ Project Name: ZCA10-0004 Butte County Wind •Turbine Ordinance Standards .applicable to. both .small and large turbines specify that noise levels resulting from normal operation of a . wind turbine shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12,consecutive months. After 12 months of nonuse, Wind -turbines are subject to nuisance codes and code enforcement actions. The proposed 'ordinance also contains .additional height limitations, for.'small wind turbines: the maximum height of small wind turbines and towers, as measured when rotor blades are in.vertical (highest) position,, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater With the proposed ordinance, wind turbines cannot be placed in designated scenicareas and are subject to regulations, 'outlined above, oto design and- place wind turbines in a"manner that will minimize 'aesthetic impacts, especially on . residential areas.. The. wind turbine ordinance will reduce aesthetic impacts from the placement of wind turbines to a- less .than. significant level... . Mitigation Measure: None required 4.2' AGRICULTURE RESOURCES; Would the Potentially Less Than Less Than . No Reviewed proposal: Significant. Significant Significant .Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the' maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources "Agency, to bon -agricultural -use? b. Conflict with existing zoning for agricultural use; ora Williamson.Act Contract? '. X c. " Involve other changes in. the existing environment which, due to theirlocation or.nature, could result in conversion X of Farmland to non-agricultural use? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With.the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted.use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure .to a legally -established dwelling, commercial building" or farm operation provided that .the .wind turbine, can meetthe- setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a.,airport compatibility zones). Proposed ZCA10=0004 Butte.County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would_ allow small wind turbines in most zones with the is of a minor use permit; it would allow large turbines with the issuance of a use permit,'and it would prohibit the placement of both small and large .wind turbines in. the County's more dense residential zones. It'would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: . Proposed restrictions prohibiting wind turbines within 1000' of legally -established. residences will avoid most significant conflicts with homes in the County, including homes within the agricultural areas. The footprint of future wind turbines. is sufficiently small to avoid significant.loss_of agricultural land or soil or to conflict with agricultural ■ Butte County. Department of Development Services ■ m. Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 6m Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance operations. Wind turbines are generally compatible with agricultural uses. The ordinance's impact on agricultural resources is less than significant. Mitigation Measure: None required 4.3 AIR QUALITY: Would. the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a.. Conflict with or obstruct implementation of the applicable X air qualityplan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? . Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements: of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the .airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor. use permit; it would allow large turbines with the issuance of a use permit, and it would prohibit the placement of both small and. large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The placement of wind turbines within Butte County is not anticipated to have air quality. impacts. Dust generation associated with construction can be adequately offset by adherence to standard control measures mandated by the Butte County Air Quality Management District. Wind turbines are anticipated to reduce dependence on energy produced from fossil fuels, which would result in beneficial air quality consequences. Impacts to air quality are less than significant. Mitigation Measure: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 70 Would .the proposal: Potentially Significant Less Than Significant Less Than Significant No ' Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have•a substantial adverse effect, either directly or through . . habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies; regulations or by'the California X Department of Fish and Game or U.S. Fish and Wildlife Service.? ' c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, butnot limited to, marsh, vemal•pool, coastal, - X etc.) through direct removal, filling, hydrological interruption', or other means)? A. ' Interfere.substantially with the movement of.any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, . 7C or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? . E Conflict with the provisions of an adopted Habitat Conservation Plan; Natural CommunityConservation Plan, X or other approved local, regional; or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered.s ecies of animals?. h. . A reduction in the diversity or numbers of animals onsite ' (including mammals, birds, reptiles, amphibians, fish or . ° •X invertebrates)?. i. . A deterioration of existing fish or wildlife habitat (for ' foraging; breeding; roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? . X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Existing Setting: Chapter 24 of the Butte. County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any. primarypermitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, 'commercial building* or farm operation provided that the wind' turbine can meet the setbacks for the zone it. is located within and requirements for the issuance of a building permit. The ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004. Butte County Wind Turbine Ordinance■ Page 8■ Project Name: ZCAIO-0004 Butte County Wind Turbine Ordinance Zoning Code does not currently contain height limitations, except within the airport influence areas of the, four county airports (a.k.a. airport compatibility zones) Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion:. The placement of wind turbines would be subject to all applicable state and federal statutes for the protection of biological resources. For instance, state and federal endangered species protections as well as section 404 of the Clean Water Act prohibiting the unregulated fill of wetlands apply regardless of local permitting practices. Additionally, the Wind Turbine Ordinance requires the issuance of a use permit for large wind turbine and a minor use permit for small wind turbines, which would involve subsequent environmental review pursuant to the California Environmental Quality Act (CEQA). Impacts to biological resources would be less than significant. Mitigation Measure: None required 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under ' Impact with . Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred X outside of formal cemeteries? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both -small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: With the proposed wind turbine ordinance, the placement of wind turbines would be subject to all applicable state and federal statutes for theprotection of 'cul ' tural resources. For instance, state and federal laws for the protection of historic resources apply regardless of locl permitting practices. Additionally, the Wind Turbine Ordinance prohibits the placement of wind turbines within 1000 feet of a property listed on the National Register of Historic Places or the ■ Butte County Department of Development Services ■ m Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 9■ Project Name: ZCA 10-0004. Butte County Wind.Turbine Ordinance .. California Register of Historical Resources. The. proposed ordinance also requires the issuance of a .use permit. for large wind turbine. and a'minor use permit for.small wind turbines, which would involve subsequent environmental review pursuant to the California Environmental Quality Act (CEQA). Impacts to cultural resources -will be less than significant. Mitigation Measure: None required 4.6 •GEOLOGIC PROCESSES: Would .therop osal: p p Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under' Impact with Impact. Previous Mitigation Document Incorporated & Expose people or structures to potential substantial adverse effects, including the risk of loss; injury, .or death involving: 1.• Rupture of a known earthquake fault, as delineated on.the most recent Alquist-Priolo Earthquake Fault. X Zoning Map issued by the State Geologist for the area'or based on other substantial evidence. of a known .fault? Refer to Division of Mines and. Geology Special Publication 42. 2. Strong; seismic ground shaking? X 3. Seismic -related ground failure, including liquefaction? X . . 4. Landslides? X b:" Result in substantial soil erosion'or the loss of topsoil? •X c. ' Be located on geologic unit.or soil that is unstable, or 'that. would become unstable as a result of the project, and potentially result in ori= or off site landslide, lateral . X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined.in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or Property? e.. Have soils incapable of adequately supporting the use of septic.tanks or. alternative waste water disposal system . where sewers are not available for the disposal or waste X water? .: Existing Setting: , Chapter 24 of the Butte, County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines.can. be permitted as accessory structures to any primary permitted use with the issuance .of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to, a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain .height limitations, except within the `airport influence areas of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines inmost •zones with the issuance of a minor use permit; it'wouldallow large turbines in most zones with:the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines- in the County's more dense residential zones. It.would adopt standards for. the design. and,placeriient of wind turbines as.described in Appendix A. ■ Butte County. Department of Development Services . ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County. Wind Turbine Ordinanceii Page 10M Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Impact Discussion: Wind turbines require a building permit prior to construction. Building Plans must meet minimum structural standards established by the California Building .Code.. This would reduce potential impacts from geological processes to a less than significant level. Mitigation Measure:. None required 4.7 GREENHOUSE GAS EMISSIONS Existing Setting: Section 15064.4 of the CEQA Guidelines sets forth guidance.for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines'allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 ,(h)(3)of the CEQA Guidelines specifies that a project's contribution to a cumulative- effect may be found ,not cumulatively considerable'. if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has not adopted a plan or mitigation program for the reduction of greenhouse gases as of the publication•of this study. Likewise, it has not adopted thresholds of significance for evaluating greenhouse gas emissions. This section evaluates greenhouse gas emissions relative to the existing environmental setting and.compliance with airquality regulations relative to automobile emissions, the primary contributor to greenhouse gas emissions from the proposed project. Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the, issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a, use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. "•It would adopt standards for the -design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed Zoning Code Amendments would regulate the design, permitting and placement of wind turbines, thereby providing opportunities for alternative energy within Butte County that are compatible with' surrounding land uses. As discussed in, the transportation section, below, vehicle trips associated _with constructing and maintaining wind turbines would be nominal. Standard mitigation measures to control dust will incorporate recommendations of the BCAQMD during construction. Additional air quality analysis is recommended when projects approach Level,B action levels, or 9..7 dwelling units, which has the potential to generate 25 lbs per day of Reactive Organic Gases. The Wind Turbine Ordinancewi11 not generate this scope or scale of development; and therefore, additional analysis is not required. The construction and operation of wind turbines consistent with the proposed Wind _Turbine Ordinance will have a less than significant impact on Greenhouse Gas Emissions. Mitigation. Measure: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine. Ordinances Page I I Less Than Reviewed Would the proposal: Potentially Significant Less Than Under Significant with Significant Previous Impact Mitigation Impact No, Document Incorporated Impact a. Generate greenhouse gas emissions, either directly or X indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation . X adopted for the purpose of reducing the emissions of greenhouse gases? Existing Setting: Section 15064.4 of the CEQA Guidelines sets forth guidance.for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines'allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 ,(h)(3)of the CEQA Guidelines specifies that a project's contribution to a cumulative- effect may be found ,not cumulatively considerable'. if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has not adopted a plan or mitigation program for the reduction of greenhouse gases as of the publication•of this study. Likewise, it has not adopted thresholds of significance for evaluating greenhouse gas emissions. This section evaluates greenhouse gas emissions relative to the existing environmental setting and.compliance with airquality regulations relative to automobile emissions, the primary contributor to greenhouse gas emissions from the proposed project. Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the, issuance of a minor use permit; it would allow large turbines in most zones with the issuance of a, use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. "•It would adopt standards for the -design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed Zoning Code Amendments would regulate the design, permitting and placement of wind turbines, thereby providing opportunities for alternative energy within Butte County that are compatible with' surrounding land uses. As discussed in, the transportation section, below, vehicle trips associated _with constructing and maintaining wind turbines would be nominal. Standard mitigation measures to control dust will incorporate recommendations of the BCAQMD during construction. Additional air quality analysis is recommended when projects approach Level,B action levels, or 9..7 dwelling units, which has the potential to generate 25 lbs per day of Reactive Organic Gases. The Wind Turbine Ordinancewi11 not generate this scope or scale of development; and therefore, additional analysis is not required. The construction and operation of wind turbines consistent with the proposed Wind _Turbine Ordinance will have a less than significant impact on Greenhouse Gas Emissions. Mitigation. Measure: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine. Ordinances Page I I Would the proposal: Potentially Significant Less Than Significant Less Than Significant No " Impact Reviewed Under Impact with Impact Previous Mitigation. Document Incorporated a: Create a significant hazard tathe public or the environmental through the routine*transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable. upset _ X and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutelyhazardous materials, substances, or waste. X within one-quarter mile of an existing or proposed schools? d. Be locatedon a site which is included on a list of hazardous materials sites complied pursuant to vement Code Section 65962.5 and, as a result,. Gorn X "would it create a significant hazard to.the public or . the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles. of a public airport or public use airport,. X ' would the project result in a safety hazard for People residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for X people residing or working in the: project area? g. Impair. implementation. of or physically interfere with'an. adopted "emergency. response. plan ;or X . emergency Evacuationplan? h. Expose people or structures to a. significant"risk or loss, injury or death ihvolving wildland fires; including where wildlands are adjacent to X urbanized areas or"where residences are intermixed with wildlands? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specificallyregulate wind turbines:. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primarypermitted_use with the issuance of a building permit, subject to the setback requirements of the applicable zoned A home, farm or business may place a wind turbine as an accessory -structure to, a legally -established dwelling, commercial building or farm operation' provided that the wind . turbine can meet the setbacks for the zone it is. located within. and requirementsfor the issuance of a building permit. The Zoning Code does not currently. contain height limitations, except.within the airport influence areas of the four county airports (a.k.a. airport compatibility zones). ■ Butte County, Department of"Development Services ■ . ■ Initial Study —Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 12m. Project Name: ZCAl0-0004 Butte County Wind Turbine Ordinance Proposed.ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small' wind turbines in most zones with the issuance of.a minor . use permit; it would allow large turbines in zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: Wind turbines require a building permit prior to construction. Building Plans must meet minimum structural standards established by the California Building Code. This would reduce potential hazards to a less than significant level. Mitigation Measure: None required 4.9 HYDROLOGY AND WATER QUALITY: Existing Setting: Chapter 24 ofthe Butte•County Code (Zoning Code) does not specifically regulate wind turbines. With.the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 13 0 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact' with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production'rate of X. preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. . Substantially alter the existing drainage,pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f.. Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? .h. Place within a 100 -year flood hazard area structures which X .would impede or redirect flood flows? •i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j: Inundation by seiche, tsunami, or mudflow? X Existing Setting: Chapter 24 ofthe Butte•County Code (Zoning Code) does not specifically regulate wind turbines. With.the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 13 0 Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance . permit,.subject to the setback requirements of the applicable zone. A home, farm or business may.place a wind turbine as ..an accessory, structure td a legally -established dwelling, commercial .building or farm operation provided that the wind. turbine can meet the setbacks for the zone it is located within and requirements for the.issuance of a building permit.. The Zoning Code does not currently contain _height limitations, except within the airport. influence. areas of the four county airports (a.k.a, airport compatibility zones)..` Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: . The proposed Wind Turbine .Ordinance Would -allow, small.wind turbines in most -zones with the .issuance of.a minor use permit; it'would allow -large turbines in most zones with the issuance .of a use permit,and it would prohibit the placement of both small, and large wind turbines -in the County's more dense residential zones. . It• would, adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: Soil disturbance associated with construction of wind turbines is not anticipated to have water quality" impacts: Erosion and sedimentation can be adequately offset by adherenceto standard control measures mandated. by the. State Regional Water Quality Control Board's National Pollution Discharge Elimination System. The development footprint of wind turbines is relatively small and is not anticipated to significant water recharge ramifications. -Large wind turbines are subject to the issuance .of a use permit and small wind turbines are subject to the issuance of a minor use .permit which will be require.. subsequent environmental review pursuant to the California Environmental Quality Act. Impacts to hydrology and water quality will be less'than significant.. Mitigation Measure: None required 4.10 LAND USE: Would the Potentially. Less Than Less Than No Reviewed proposal:' p p Significant Significant Significant Impact Under Impact with Impact Previous . Mitigation Document Incorporated a. Physically. divide anestablished community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but'not limited to; the general plan, specific plan, X local coastaVprograrri, or zoning ordinance) adopted for the. purpose of avoiding or mitigating an environmental effect?. . c. Conflict with any applicable habitat conservation, planor natural community conservationplan? , X Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines: With the current Zoning Code, wind turbines can. be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessoy structure to. a legally -established dwelling; commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The . Zoning Code does not currently, contain height limitations, except within the airport influence areas'of the four county airports (a.k.a. airport compatibility zones). Proposed ZCA104004 Butte County Wind Turbine Ordinance: 'The proposed Wind Turbine Ordinance would allow small "wind turbines in. most zones with.the issuance of a minor use permit; it.would allow large turbines -'n most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind .turbines .in the County's more dense residential .zones. It. would adopt standards for, the design and placement of wind turbines as described in Appendix A. ■ :Butte County. Department of Development Services ■ ■ Initial, Study — Zoning Code Amendment ZCA10-0004..Butte County Wind Turbine Ordinancem Page 14m Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Additionally, the proposed wind turbine ordinance would not permit the placement of wind turbines on land within City Spheres of Influence unless permitted by the City; Airport Land Use Compatibility Zones; Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems; Alquist Priolo Earthquake Fault Zones;, or within 1,000 feet of any of the following: a residence, the SR, NIHP, R-1 to R-4, SH, PUD, RN, and RT zones, A property listed on the National Register of Historic Places or the California Register of Historical Resources, or a designated scenic resources. The proposed ordinance contains general requirements applicable to both small and large wind turbines, to address aesthetic and noise concerns: wind turbines shall be painted a neutral, non -reflective color, power lines shall be .placed underground when feasible, appropriate warning signs, no larger than 4 square feet, shall be placed. on or, near wind turbines, wind turbines and related equipment will not be used to advertise or promote any product or service, and wind turbines. shall be placed and oriented to avoid casting a shadow or causing `flicker' on, any off-site structure. The required setback from all property lines shall be equal to the height of the wind turbine, except in.agricultural zones, in which case, the setback by the applicable zoning district, may apply. Standards applicable to both small and large turbines specify that noise levels resulting from normal operation of a wind turbine. shall not exceed 45 decibels as measured at the nearest property line, and wind turbines shall be removed if it remains inoperable for 12 consecutive months. After •12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions. The proposed ordinance also contains additional height limitations for small wind turbines.the maximum height of small wind turbines and towers, as measured when rotor blades are in vertical (highest) position, shall'be: L. 60 feet on parcels less than 5 acres in size. 2. 80 feet on parcels 5 acres or greater Impact Discussion,: The *proposed wind turbine ordinance would reduce potential land use compatibility impacts as compared to. existing regulatory environment, as described in the preceding paragraphs. Impacts would not be significant due to the establishment of general regulatory requirements restricting the location of new wind turbines away from areas anticipated to result in land use incompatibilities such as City Spheres of Influence, airport compatibility zones, earthquake fault zones, and within -1,000 feet of a residence, residential zone, properties listed on the National Register of Historic Places or the California Register.of Historical Resources, or designated scenic resources. Pursuant to Senate Bill 45 (SB45) state standards relative to wind turbines would be imposed on local jurisdictions unless local regulations are adopted by December 31, 2010. This ordinance, applicable to the County's existing zones, would be superseded with adoption of a new 2030 Zoning Ordinance which contains new zoning designations and is"- scheduled sscheduled for adoption in the spring of 2011. Land use impacts resulting from the proposed ordinance will be less than significant. Mitigation Measure: None required 4.11 MINERAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCAIO-0004 Butte County Wind Turbine Ordinances Page 15■ Potentially Less Than Less Than No Reviewed Would the.proposal: Significant Significant Significant Impact Under Impact with Impact Previous 'Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a' local general X ' lan, specific plan, or other land useplan? ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCAIO-0004 Butte County Wind Turbine Ordinances Page 15■ ..Project Name:, ZCA10-0004 Butte County Wind Turbine Ordinance Impact Discussion:. Based on the scope of the wind turbine ordinance, no significant impacts to mineral resources are. foreseen. Mitigation Measure: None required 4.12 NOISE: Would thero osal: p p Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels. in excess of standards established in the -local general plan or X noise ordinance, or applicable standards.of other agencies? b: Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels?. c. A substantial permanent. increase in ambient noise. levels in the project vicinity above levels existing without the . X project? . d.. A substantial temporary or periodic increase in ambient noise levels in the.project vicinity above levels existing X without theproject? e. For a•proj'ect located within an airport land use plan or, where such a plan has not been'adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Existing Setting: Chapter 24 of the Butte County Code (Zoning_Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject.to the setback requirements of the applicable zone. A home, farm or business may, place a wind turbine as an accessory structure to a legally -established. dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit., The Zoning Code. does_not. currently contain height limitations,. except within the airport influence areas.of the four county . airports. (a.k.a. airport compatibility zones).. Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most -zones with the issuance of a minor use permit;' it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones." It would adopt standards for the design and placement of wind turbines as described in Appendix A. . Impact Discussion: The proposed wind turbine ordinance would preclude wind turbines in residential zones, or within. 1,000 feet of, a residence of residential zone. It would limit noise from wind turbines to 45 decibels as measured at the closest property line. Additionally, applications for wind.turbines would be required to submit noise specifications and/or noise studies .demonstrating that operations will not exceed 45 .decibels as. measured at the nearest property line.. The sound of 45 decibels is about the sound level•of two people talking together in a normal voice. Large wind turbines are subject to the issuance of a use permit and small wind turbines are subject to the issuance of a minor use permit, both of which will be ■ Butte County Department of.Development Services.m ■ Initial Study — Zoning Code Amendment ZCA1070004. Butte County. Wind. Turbine Ordinance■ Page 160 Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance require subsequent environmental review pursuant to the California Environmental, Quality Act which. provides an opportunity to further evaluate noise impacts and impose mitigation measures as necessary. Noise impacts from adoption of the wind turbine ordinance are expected to be less than significant. Mitigation Measure: None required 4.13 HOUSING: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous . Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? b. Displace substantial numbers of existing housing, .necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit.. The Zoning Code does not currently contain height limitations, except within the airport influence areas of 'the four county airports (a-.k.a. airport compatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large turbines in most zones with the issuance. of a use permit, and it would prohibit the placement of both small and large wind. turbines in the County's more dense residential zones. It would adopt standards for the design and placement of wind turbines as described'in Appendix A. Impact Discussion: _ The proposed wind turbine ordinance would reduce.regulate the placement of wind turbines throughout the county. It would.not substantially influence population growth or displace persons or housing. It would have no impact on housing. Mitigation Measure: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County' Wind Turbine Ordinance■ Page 17■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance 4.14 PUBLIC SERVICES: Would the, proposal: Potentially Significant Less Than Significant Less Than Significant' . No Impact Reviewed Under p p osal: Impact with Impact Impact .Previous, Impact Mitigation Impact Document Incorporated Document a: Would the project result in substantial adverse physical . Incorporated impacts associated.with.the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times; or other performance- objectives for any. of the public services? b. Fireprotection? X. c. Police Protection? X . d: Schools? . X e. Parks? X . f. Other public services? X Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current. Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject,to the setback requirements of the applicable zone..A home, farm or business may,place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the .wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does •not currently contain height limitations, except within the. airport influence areas of the four county airports (aka: airport compatibility zones). Proposed ZCAIO-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of a minor use permit; it would allow large "turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both, small and large .wind turbines in the County's more dense residential zones.. It would adopt standards for the design and placement of wind turbines as described in Appendix A: . Impact Discussion: The proposed wind turbine ordinance would regulate the placement of wind turbines' throughout- the county. ' It would, not add housing units or substantially -influence the. provision of public services. It would have no"impact on public services. Mitigation Measure: None required 4.15, RECREATION; Would thero Potentially Less Than Less Than No : Reviewed p p osal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a: Increase the -use of existing neighborhood and regional parks or other recreational facilities such that substantial .: physical deterioration of the facility would occur or be • . X accelerated?" Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibilityzones). Proposed ZCA10-0004 Butte County Wind Turbine. Ordinance: 'The proposed. Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of:a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would. adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce regulate,the placement.of wind turbines throughout the county. It would not add housing units or increase. the need for recreational facilities. It would have no impact on recreational facilities and services: Mitigation Measure: None required 4.16 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Cause an increase in traffic which is substantial in relation Incorporated b.. Include recreational facilities or require.the construction or expansion of recreational facilities which might have an X X adverse physical effect on the environment? Existing Setting: Chapter 24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airport compatibilityzones). Proposed ZCA10-0004 Butte County Wind Turbine. Ordinance: 'The proposed. Wind Turbine Ordinance would allow small wind turbines in most zones with the issuance of:a minor use permit; it would allow large turbines in most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense residential zones. It would. adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce regulate,the placement.of wind turbines throughout the county. It would not add housing units or increase. the need for recreational facilities. It would have no impact on recreational facilities and services: Mitigation Measure: None required 4.16 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant . No Impact Reviewed Under Impact with ' . Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the.volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d.. 'Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X use (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X ■ Butte County Department of Development Services ■ ii Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 190 Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance Would •the proposal:Significant Potentially Less Than Significant' Less Than Significant No Impact Reviewed Under .•Impact with.. Impact Impact Previous Impact Mitigation Impact Document Incorporated Document g. Conflict withaccepted policies; plans or programs Incorporated ' t . supporting alternative transportation (e.g, bus turnouts; X . bicycle racks)? ; X Existing Setting: Chapter 24 of the Butte. County Code (Zoning Code) does not specifically -regulate wind turbines. With. the current Zoning Code, wind turbines can: be permitted as accessory structures to any primary, permitted use with the issuance of a building permit; subject to the setback requirements.of the applicable zone.' A home, farm or business may place a wind turbine as an accessory structure to a legally -established dwelling, commercial' building `or farm operation provided that the wind turbine can meet the setbacks for the zone it is located•within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the. four county airports (a.k & airport compatibility zones). .,Proposed ZCA10-0004:Butte County Wind Turbine Ordinance: The ,proposed Wind Turbine Ordinance would allow: small wind turbines in most - zones with the issuance of a minor use .permit; it would allow large. turbines inmost zones with the issuance of a use permit, and it would prohibit the ' placement of both small and large wind turbines in .the County's more dense residential zones: It- would adopt standards for.the designand. placement of wind turbines as.described in Appendix -A. . . Impact Discussion::. The proposed wind turbine ordinance -would regulate'the placement of wind turbines throughout the county: It would not . Add housing units of increase the need for transportation`facilities: Traffic generated by the development of a small or large wind turbine will be short-term in duration, similar to other. types of accessory structures .that would be permitted by right. ` _Large wind turbines_ are subject to the issuance of.a.use permit and small wind turbines are subject to the issuance of a minor use permit, both of which will be require subsequent environmental review pursuant to the California Environmental Quality Act which provides an opportunity to further. evaluate transportation impacts for a specific wind turbine and impose mitigation measures as necessary. Transportation impacts will be less than significant: 'Mitigation Measure: None required , .4.17 'UTILITIES AND SERVICE SYSTEMS: ' Potentially Less Than Less Than ' No Reviewed Would the ' proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ' a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing l..X . facilities; the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X ; construction of which could cause significant environmental effects? Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance ' Would the proposal: Potentially Significant Less Than , Significant , Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements.needed? e.. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate. capacity to serve the project's projected demand X in addition to the, rovider's existing commitments? E Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. ; Comply with federal, state, and local statutes, and X regulations related to solid waste? Existing Setting: Chapter.24 of the Butte County Code (Zoning Code) does not specifically regulate wind turbines. With the current Zoning Code, wind turbines can be permitted as accessory structures to any primary permitted use with the issuance of a building permit, subject to the setback requirements of the applicable zone. A home, farm or business may place a wind turbine as an accessory structure •to a' legally -established dwelling, 'commercial building or farm operation provided that the wind turbine can meet the setbacks for the zone it is located within and requirements for the issuance of a building permit. The Zoning Code does not currently contain height limitations, except within the airport influence areas of the four county airports (a.k.a. airportcompatibility zones). Proposed ZCA10-0004 Butte County Wind Turbine Ordinance: The proposed Wind Turbine Ordinance would allow small wind turbines in most. zones with the issuance of a minor use permit; it' would allow large turbines *in'most zones with the issuance of a use permit, and it would prohibit the placement of both small and large wind turbines in the County's more dense . residential zones. It would adopt standards for the design and placement of wind turbines as described in Appendix A. Impact Discussion: The proposed wind turbine ordinance would reduce regulate the placement of wind' turbines throughout the county. It would not add housing units. The ordinance requires power line to be placed underground when feasible: Large wind turbines are subject to the issuance of a use permit and small wind turbines are subject to the issuance of a minor use permit, both of which will be require subsequent environmental review pursuant to the California Environmental Quality Act which.provides an opportunity -to further evaluate utility impacts and impose mitigation measures or conditions of approval as necessary: Utility impacts from adoption of the wind turbine ordinance. are expected to be less than significant. Mitigation Measure: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10-0004 Butte County Wind Turbine Ordinance■ Page 21 ■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance ' 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than ' Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated . a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,.threaten to eliminate a X plant.or animal community,.reduce the. number or restrict the range of a rare or endangered plant or animal or eliminate important examples.of the major periods of California history orprehistory? . b. Have impacts that are individually limited, -but . cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a X. project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future ro'ects)? ' C. Does the project have environmental effects which will cause substantial adverse.effects on human beings, either X directly or indirectly? ,The mandatory findings. of significance show a low level of environmental impact resulting from the zoning code amendment. A Negative Declaration of environmental impact is recommended for adoption. ' 5.0 ENVIRONMENTAL REFERENCE MATERIAL; . 1. Butte County Planning Department.. Earthquake and Fault Activity Map 11-1, Seismic Safety -Element. Oroville, CA:. CHM Hill, 1977. 2. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M.Hill, 1977. 3. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977.. 4. Butte County Board of Supervisors. Agricultural Preserves Map,'established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department,: 1987. 5. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 6. Butte County General P1an:.Land Use, Housing Elements 7. Butte County Zoning Ordinance .: ■ Butte County Department oMevelopment Services,m ■ Initial Study — Zoning Code Amendment ZCA10-0004_ Butte County. Wind Turbine Ordinance■ Page 22■ Project Name: ZCA10-0004 Butte County Wind Turbine Ordinance APPENDIX A Article V Specific Use Requirements 24-301 Wind Turbines A. Purpose and Intent. The purpose and intent of this section is to establish procedures and standards applicable to the development of wind turbines in order to promote. clean sources of energy which are compatible with.land uses in the vicinity. B. Applicability. The provisions of this section shall, apply to all structures operated for the generation of wind energy. C. Definitions. The following definitions shall apply in connection with the interpretation and application of this section: 1) Wind Turbine, Large. Any wind energy conversion system that is not classified as a Small Wind Turbine. 2) Wind -Turbine, Small. Wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power. D. Permitting Requirements. 1) Wind turbines shall not be permitted on land within the following locations: (a) City Spheres of Influence, unless permitted by the City (b) Airport Land Use Compatibility Zones (c) Conservation, open space easements, or agriculture easements which do not'allow wind turbines or wind energy conversion systems (d) Alquist Priolo Earthquake Fault Zones. '2) Wind turbines shall not be permitted`on land within 1,000 feet of the following: (a) A residence, (b) The SR, MHP, R-1 to R-4, SH, PUD,.RN, or RT.zones. (c) A property listed on the'National Register of Historic Places or the California Register of Historical Resources (d) Designated scenic resources 3) All wind turbines are subject to the following land use permitting requirements in specified zoning districts, in addition to all applicable -requirements of this Chapter. ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10=0004 Butte County Wind Turbine Ordinancem Page 23 ■ Zoning District A, TPZ, M-1, L -I, C-1, C-2, AR, FR, MR, SR, MHP, R-1 M-2, C -C, P -Q, R -P TM, U, N -C, to R-4, SH, H -C, P -Q PUD, RN, RT, Large Wind UP UP UP Not allowed Turbine Small Wind MUP MUP MUP Not allowed Turbine ■ Butte County Department of Development Services ■ ■ Initial Study — Zoning Code Amendment ZCA10=0004 Butte County Wind Turbine Ordinancem Page 23 ■ Project Name:. ZCA10-0004 Butte County Wind Turbine Ordinance E. Wind.Turbines—General:Requirements. The following requirements shall'apply to both small and large wind turbines. (1) : Wind'turbines shall be painted a neutral, non -reflective color. (2) Power lines shall be placed.underground when feasible. (3). Allfacilities shall meet the following minimum. setbacks. . (a) All new facilities shall be located on a lot so that the distance from the 'base of the facility to. the parcel of lot boundary is equal'to or greater than the height of the facility, except where facilities are located in Agricultural Zones (A75 through A-160) and one of the following circumstances apply:: 1. The wind turbine is adjacent.to an existing structure such. as a barn, rice dryer, or other facility -such that the facility will blendwith thesurrounding area, or 2. The adjacent. propertyowner(s) consent in writing to a lesser distance. (b). Wherefacilities are located in Agricultural Zones. (A-5 through .A-160) and one of the specified circumstances apply, the facility shall demonstrate the minimum setback distance.required by'the zone. ' (4) Appropriate Warning signs,. no larger than 4 square feet, shall be placed on, or near wind turbines. Wind turbines and related equipment will not be used to advertise or promote any product or service. .(5) Noise .levels resulting from.normai operation of a wind turbine shall not exceed 45 decibels as measured at the nearest property line. Applications for wind.turbines shall.submit noise specifications and/or noise studies demonstrating that operation'of the wind system will not exceed.45 decibels as measured at the nearest property line. (6) Wind turbines shall be placed and.oriented to avoid casting a shadow or. causing. `flicker..' on any off-site structure. (7) Wind turbines shall be removed if it remains inoperable for 12 consecutive months. After 12 months of nonuse, wind turbines are subject to nuisance codes and code enforcement actions: (8) .Wind turbines shall not.be,placed on parcels less than one acre in size. F Small Wind Turbines—Requirements. Small wind turbine..shall comply with Wind. Turbines' -- General Requirements rioted in 24-301E and the following: (1) Small wind turbines shall be designed and appropriately sized to serve the needs of the use on the site. (2) The maximum. height of small wind turbines_ and towers, as measured when rotor blades are in vertical (highest) position, shall be: 1. 60 feet on parcels less than 5 acres in size 2. 80 feet on parcels 5 acres or greater