§ 22.32.180. Wind Energy Conversion Systems (WECS).

This Section establishes permit requirements for planned zoning districts and non-planned zoning districts and standards for the development and operation of Wind Energy Conversion Systems (WECS) in compliance with Marin County policies and State and Federal laws and allows and encourages the safe, effective, and efficient use of WECS in order to reduce consumption of utility supplied electricity.

A.

Permit requirements. Small and Medium Wind Energy Conversion Systems (WECS) are allowed in all zoning districts, except the RF (Floating Home Marina) zoning district, subject to the following general requirements. Large WECS are allowed only in agricultural zoning districts (A3-A60, ARP, APZ) with a minimum lot size of 20 acres, subject to the following general requirements:

1.

Planned Zoning Districts.

a.

Small WECS in the APZ zoning district and Small Roof-Mounted and Small Non-Grid-Tied Agricultural WECS, located in parcels with a minimum lot size of one acre in the ARP zoning district and all other planned zoning districts that are not identified in Section 22.32.180.A.1.b are allowed as a ministerial permit subject to the development standards in Section 22.32.180.B.1 and Section 22.32.180.B.5 (Table 3-12).

b.

Small Roof-Mounted and Small Non-Grid-Tied Agricultural WECS located in parcels that are less than one acre in the ARP zoning district and all other Small WECS in planned zoning districts that are not identified herein or in Section 22.32.180.A.1.a shall require Design Review approval subject to the development standards in Section 22.32.180.B.2 and Section 22.32.180.B.5 (Table 3-12).

c.

Medium WECS, located in planned zoning districts, shall require Design Review approval, subject to the development standards in Section 22.32.180.B.3 and Section 22.32.180.B.5 (Table 3-12).

d.

Large WECS, located in planned zoning districts, shall require the approval of a Master Plan and Precise Development Plan subject to the development standards and requirements outlined in Section 22.32.180.B.4 and Section 22.32.180.B.5, unless the Master Plan and Precise Development Plan requirements are waived in compliance with Section 22.44.040 (Waiver of Master Plan Amendment and Precise Development Plan Amendment) and a Use Permit and Design Review are required instead.

2.

Conventional Zoning Districts.

a.

Small WECS, located in conventional agricultural zoning districts and Small Roof-Mounted and Small Non-Grid Tied Agricultural WECS located in parcels with a minimum lot size of one acre in conventional non-agricultural zoning districts, are allowed as a ministerial permit subject to the development standards outlined in Section 22.32.180.B.1 and Section 22.32.180.B.5 (Table 3-12).

b.

Small WECS, located in parcels that are less than one acre in all other conventional non-agricultural zoning districts and Small Freestanding WECS in conventional agricultural zoning districts that are not identified herein or in Section 22.32.180.A.2.a, shall require Design Review approval subject to the development standards outlined in Section 22.32.180.B.2 and Section 22.32.180.B.5 (Table 3-12).

c.

Medium WECS, located in conventional zoning districts, shall require Design Review approval subject to the development standards outlined in Section 22.32.180.B.3 and Section 22.32.180.B.5 (Table 3-12).

d.

Large WECS, located in conventional zoning districts, shall require Use Permit and Design Review approval subject to the development standards outlined in Section 22.32.180.B.4 and Section 22.32.180.B.5 (Table 3-12).

3.

Summary of Permit Requirements.

TABLE 3-11
WECS PERMIT REQUIREMENTS

	Small						Medium	Large
	Roof-Mounted		Non-Grid-Tied Agricultural Uses			Freestanding	Freestanding	Freestanding
Parcel Size (Acres)	<1	≥1	<1	≥1 - <10	≥10	Not applicable	Not applicable	≥20
RF (Floating Home Marina) Zoning District	Not Allowed	Not Allowed	Not Allowed	Not Allowed	Not Allowed	Not Allowed	Not Allowed	Not Allowed
A3—A60 Zoning Districts	Ministerial	Ministerial	Ministerial	Ministerial	Ministerial	Ministerial	Design Review	Use Permit/Design Review
APZ Zoning District	Ministerial	Ministerial	Ministerial	Ministerial	Ministerial	Ministerial	Design Review	Master Plan/PDP 3, 4
ARP Zoning District	Design Review	Ministerial	Use Permit/Design Review	Design Review	Ministerial	Design Review	Design Review	Master Plan/PDP 3, 4
A2 and all Other Zoning Districts	Design Review	Ministerial	Use Permit/Design Review	Design Review	Ministerial	Design Review	Design Review	Not Allowed

 

Notes:

 Exceptions to standards in Table 3-12 shall be considered through the Design Review Process.

 Exceptions to standards in Table 3-12 shall be considered through the Use Permit Process.

 If Master/Precise Development Plan requirement is waived, Use Permit and Design Review will be required.

 Exceptions to standards in Table 3-12 shall be considered through the permit process.

4.

Time limits. The approval for a Large WECS shall be granted for a term of not less than ten years, except that an approval shall lapse if a Large WECS becomes inoperative or abandoned for a period of more than one year. The approval for a Small or Medium WECS shall be for an indefinite period, except that an approval shall lapse if a Small or Medium WECS becomes inoperative or abandoned for a period of more than one year.

5.

Applicability. In addition to the provisions of Section 22.32.180, all other applicable provisions of this Development Code shall apply to a new WECS land use. In the event there is any conflict between the provisions of this section and any other provision of this Development Code, the more restrictive provision shall apply.

6.

Meteorological towers (Met Towers). For the purpose of the Wind Energy Conversion System Ordinance, meteorological towers are those towers which have been temporarily installed to measure wind speed and directions plus other data relevant to siting WECS. Installations of temporary (up to one year) meteorological towers shall be considered through the Temporary Use Permit process pursuant to Chapter 22.50 (Temporary Use Permits).

B.

Development standards.

1.

Small WECS (Ministerial). A Building Permit for a Small WECS located in an agricultural zoning district pursuant to this Section shall be issued by the Agency Director upon submission of a Building Permit application containing the information specified in applicable sections of this Development Code and a determination by the Agency Director that the proposed use and development meets the development standards in Section 22.32.180.F and Sections 22.32.180.G.1, G.2, G.5, G.6, G.7, and G.9.a. Before issuance of a building permit, the County shall record a notice of decision against the title of the property stipulating that the WECS must be dismantled and removed from the premises if it has been inoperative or abandoned for a period of more than one year.

2.

Small WECS (Discretionary).

a.

Small WECS shall be subject to the development standards in Section 22.32.180.B.5 (Table 3-12). Exceptions to the standards in Section 22.32.180.B.5 (Table 3-12) for Small WECS shall be considered through the Use Permit process pursuant to Chapter 22.48 (Conditional Use Permits).

b.

Small WECS shall comply with the development standards and requirements contained in Section 22.32.180.C through Section 22.32.180.H.

3.

Medium WECS.

a.

Medium WECS shall be subject to the development standards in Section 22.32.180 B.5 (Table 3-12). Exceptions to the standards in Section 22.32.180 B.5 (Table 3-12) for Medium WECS shall be considered through the Use Permit process pursuant to Chapter 22.48 (Conditional Use Permits).

b.

Medium WECS shall comply with the development standards and requirements contained in Section 22.32.180.C through Section 22.32.180.H.

4.

Large WECS.

a.

Large WECS shall be subject to the development standards in Section 22.32.180.B.5 (Table 3-12). Exceptions to the standards in Section 22.32.180 B.5 for Large WECS shall be considered through the Master Plan process pursuant to Chapter 22.44 (Master Plans and Precise Development Plans) or Use Permit process pursuant to Chapter 22.48 (Conditional Use Permits).

b.

Prior to approval, Large WECS are subject to submittal of a comprehensive WECS Environmental Assessment prepared by a qualified consultant approved by the Marin County Environmental Coordinator. The WECS Environmental Assessment shall be prepared in consultation with the County to determine the development capabilities and physical and policy constraints of the property. The WECS Environmental Assessment shall include a mapped inventory and data base of the biological and physical characteristics of the project area. The WECS Environmental Assessment shall include a mapped delineation of the project site's sensitive environmental areas including, but not necessarily limited to: earthquake fault zones, geological hazardous areas, wetlands, watercourses and water bodies, prime agricultural lands, special status species habitats, prominent ridgelines, view corridors, and wind zones. The WECS Environmental Assessment shall include a Bird and Bat Study, as defined in Section 22.32.180.G.9. Based upon the findings, constraints, conclusions and recommendations of the WECS Environmental Assessment, specific requirements for siting and design shall be identified.

c.

Large WECS shall comply with the development standards and requirements contained in Section 22.32.180.C through Section 22.32.180.H.

d.

The maximum number of Large WECS that is allowed per parcel shall be established through the permit process.

5.

Development Standards are outlined in Table 3-12 below.

TABLE 3-12
WECS DEVELOPMENT STANDARDS

	Small				Medium			Large
	Roof- Mounted	Non-Grid-Tied Agricultural Uses		Freestanding	Freestanding			Freestanding
Total Height	≤ 10 feet (above roof line)	≤ 40 feet	> 40— ≤100 feet	≤ 40 feet	>40— ≤ 100 feet	>100— ≤ 150 feet	>150— ≤ 200 feet	200 feet
Min. Height of Lowest Position of Blade Above Grade	Not applicable	15 feet	15 feet	15 feet	15 feet	30 feet	30 feet	30 feet
Max. Rotor Blade Radius (HAWT)/Max. Rotor Blade Diameter (VAWT)	7.5 feet/ 5 feet	0.5 × tower height/5 feet	0.5 × tower height/5 feet	0.5 × tower height/5 feet	0.5 × tower height	0.5 × tower height	0.5 × tower height	Project specific
Min. Setback from Tip of Blade to Property Line	0.5 × total height	0.5 × total height	0.5 × total height	0.5 × total height	1 × total height	1.5 × total height	2 × total height	2 × total height
Max. Units/Parcel	1	1	1	1	2	2	2	Project specific
Min. Unit Separation	Not applicable	Not applicable	Not applicable	Not applicable	1 × tower height	1 × tower height	1 × tower height	Project specific
Min. Setback from Habitable Structures	Not applicable	1 × tower height	1 × tower height	1 × tower height	1 × tower height	1 × tower height	1 × tower height	2 × total height
Min. Setback from Prominent Ridgeline	Not applicable	Not applicable	Minimum of 300 feet horizontally or 100 feet vertically	Not applicable	Minimum of 300 feet horizontally or 100 feet vertically	Minimum of 300 feet horizontally or 100 feet vertically	Minimum of 300 feet horizontally or 100 feet vertically	Minimum of 300 feet horizontally or 100 feet vertically

 

C.

Public notice. Where required, a Notice of the required application(s) shall be provided in compliance with Section 22.118.020 (Notice of Hearing or Administrative Action).

Notice of a discretionary permit application for any WECS within five miles of Federal, State, or regional park property shall be provided to the superintendent of the appropriate park.

D.

Site and design requirements:

1.

General standards. No Small, Medium, or Large WECS or supporting infrastructure shall be allowed:

a.

Within five times the total height or 300 feet, whichever is greater, of a known nest or roost of a listed State or Federal threatened or endangered species or California Department of Fish and Game designated bird or bat "species of special concern" (unless siting of the WECS preceded nest or roost establishment) based on the findings and conclusions of the required Bird and Bat Study as defined in Section 22.32.180.G.9 (Application submittal requirements).

b.

Within five times the total height or 300 feet, whichever is greater, of a known or suspected avian migratory concentration point based on the findings and conclusions of the required Bird and Bat Study as defined in Section 22.32.180.G.9.

c.

Within 1.5 times the total height or 100 feet, whichever is greater, of a Stream Conservation Area (SCA), a Wetlands Conservation Area (WCA), a State or Federal listed special status species habitat area, a designated archaeological or historical site, or a watercourse, wetland, pond, lake, bayfront area habitat island, or other significant waterbody with suitable avian habitat based on the findings and conclusions of Bird and Bat Study as defined in Section 22.32.180.G.9.

d.

Where prohibited by any of the following:

1.

The Alquist-Priolo Earthquake Fault Zoning Act.

2.

The terms of any conservation easement or Williamson Act contract.

3.

The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources.

E.

Appearance and visibility. In addition to any conditions which may be required by Master Plan and Precise Development Plan or Design Review and Use Permit approvals, Small, Medium, and Large WECS shall comply with the following design standards:

1.

WECS shall be located downslope a minimum of 300 feet horizontally or 100 feet vertically, whichever is more restrictive, from a visually prominent ridgeline, unless it can be demonstrated through submittal of a County accepted Wind Measurement Study that no other suitable locations are available on the site. If this is the case, then the Wind Study will be one amongst all other standards that would be evaluated in considering whether and where the WECS application should be approved within the ridge setbacks.

2.

WECS shall be designed and located to minimize adverse visual impacts from public viewing places, such as roads, trails, scenic vistas, or parklands and from adjacent properties.

3.

No wind turbine, tower, or other component associated with a WECS may be used to advertise or promote any product or service. Brand names or advertising associated with any WECS installation shall not be visible from off-site locations. Only appropriate signs warning of the WECS installation are allowed.

4.

Colors and surface treatments, materials and finishes of the WECS and supporting structures shall minimize visual disruption. Exterior materials, surfaces, and finishes shall be non-reflective to reduce visual impacts.

5.

Exterior lighting on any WECS or associated structure shall not be allowed except that which is specifically required in accordance with Federal Aviation Administration (FAA) regulations. Wind tower and turbine lighting must comply with FAA requirements and be at the lowest intensity level allowed.

6.

WECS shall be located in a manner which minimizes their visibility from any existing Federal parklands.

7.

All new electrical wires and transmission lines associated with WECS shall be placed underground except for connection points to a public utility company infrastructure. This standard may be modified by the Director if the project area is determined to be unsuitable for undergrounding of infrastructure due to reasons of excessive grading, biological impacts, or similar factors.

8.

Construction of on-site access routes, staging areas, excavation, and grading shall be minimized. Excluding the permanent access roadway, areas disturbed due to construction shall be re-graded and re-vegetated to as natural a condition as soon as feasibly possible after completion of installation.

9.

All permanent WECS related equipment shall be weather-proof and tamper-proof.

10.

If a climbing apparatus is present on a WECS tower, access control to the tower shall be provided by one of the following means:

a.

Tower-climbing apparatus located no closer than 12 feet from the ground;

b.

A locked anti-climb device installed on the tower; or

c.

A locked, protective fence at least six feet in height that encloses the tower.

11.

WECS shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

12.

Latticed towers shall be designed to prevent birds from perching or nesting on the tower.

13.

The use of guy wires shall be avoided whenever feasible. If guy wires are necessary, they shall be marked with bird deterrent devices as recommended by the U.S. Fish and Wildlife Service or the California Department of Fish and Game.

F.

Noise. Small, Medium, and Large WECS shall not result in a total noise level that exceeds 50 dBA during the daytime (7:00 a.m. to 10:00 p.m.) and 45 dBA during the nighttime (10:00 p.m. to 7:00 a.m.) as measured at any point along the common property lines of adjacent properties except during short-term events such as utility outages, severe weather events, and construction or maintenance operations, as verified by specifications provided by the manufacturer.

G.

Application submittal requirements. Small, Medium, and Large WECS permit applications shall include, but may not be limited to the following information:

1.

A plot plan of the proposed development drawn to scale showing:

a.

Acreage and boundaries of the property;

b.

Location of all existing structures, their use and dimensions within five times the height of the proposed WECS;

c.

Location within a distance of five times the total height of the proposed WECS of all wetlands, ponds, lakes, waterbodies, watercourses, listed State or Federal special status species habitats, habitat islands, and designated archaeological or historical sites;

d.

Location of all proposed WECS and associated structures, and their designated use, dimensions, and setback distances;

e.

Location of all areas to be disturbed by the construction of the proposed WECS project including access routes, trenches, grading and staging areas; and

f.

The locations and heights of all trees taller than 15 feet within five times the height of the proposed WECS and the locations, heights, and diameters (at breast height) of all tress to be removed.

2.

Elevations of the components of the proposed WECS.

3.

A description of the measures taken to minimize adverse noise, transmission interference, and visual and safety impacts to adjacent land uses including, but not limited to, over-speed protection devices and methods to prevent public access to the structure.

4.

A post-installation erosion control, revegetation, and landscaping plan.

5.

Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), the International Building Code (IBC) or the California Building Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the UBC or IBC requirements for wind exposure D, the UBC or IBC requirements for Seismic Zone 4, and the requirements for a soil strength of not more than 1,000 pounds per square foot, or other relevant conditions normally required by a local agency.

6.

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.

7.

Written evidence that the electric utility service provider that serves the proposed site has been informed of the owner's intent to install an interconnected customer-owned electricity generator, unless the owner does not plan, and so states so in the application, to connect the system to the electricity grid.

8.

Wind Measurement Study. A wind resource assessment study, prepared by a qualified consultant approved by the Marin County Environmental Coordinator, may be required. The study shall be performed for a minimum six-month period during prime wind season, at the proposed site prior to the acceptance of an application. The study may require the installation of a meteorological tower, erected primarily to measure wind speed and directions plus other data relevant to appropriate siting. The study shall include any potential impacts on, or in conjunction with, existing WECS within a minimum of two miles of the proposed WECS site.

9.

Bird and Bat Study. Before issuance of County building or planning permit approvals:

a.

All WECS projects shall require the submittal of a Bird and Bat Study prepared by a qualified consultant approved by the Marin County Environmental Coordinator using the "California Guidelines for Reducing Impacts to Birds and Bats from Wind Energy Development" (California Energy Commission and California Department of Fish and Game), or any superseding State or Federal Guidelines, the State Natural Diversity Data Base, Partners in Flight Data Base, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and field data and counts from local environmental groups. The Bird and Bat Study shall identify any listed State or Federal threatened or endangered species, California Department of Fish and Game designated bird or bat "species of special concern," or raptors found to nest or roost in the area of the proposed WECS site. The study shall identify periods of migration and roosting and assess pre-construction site conditions and proposed tree removal of potential roosting sites. The Community Development Agency will maintain an inventory of all Bird and Bat Studies that are filed pursuant to the requirements of the WECS ordinance on the Agency's website. If the Bird and Bat Study for a proposed ministerial Small WECS project finds that there is a potential for impacts to any listed State or Federal threatened or endangered species or California Department of Fish and Game designated bird or bat "species of special concern" found to nest or roost in the area of the proposed WECS site, the project will become discretionary and require a Resource Management and Contingency Plan as described in Subsection G.9.b., below.

b.

Small, Medium, and Large WECS projects shall require the Bird and Bat Study to include a Resource Management and Contingency Plan to: (1) provide for pre-approval and post-construction monitoring and reporting; and (2) provide mitigation to reduce bird and bat mortality rates, if necessary.

10.

Visual Simulations. Visual simulations taken from off-site views, including from adjacent properties, as determined by the Community Development Agency shall be submitted showing the site location with the proposed WECS installed on the proposed site.

11.

Project-Specific Acoustical Analysis. A project-specific acoustical analysis may be required that would simulate the proposed WECS installation to assure acceptable noise levels and, if necessary, provide measures to comply with applicable County noise standards.

H.

Post approval requirements. Small, Medium, and Large WECS permit applications shall be subject to the following:

1.

A post-construction avian and bat monitoring program may be required of the owner during periods of nesting, roosting, foraging, and migration. The application of this requirement shall be in accordance with criteria established by a governmental agency, such as the U.S. Fish and Wildlife Service (USFWS) or the California Department of Fish and Game (CDFG), or by PRBO Conservation Science. The required monitoring program shall be conducted by a professional biologist or an ornithologist approved by the Marin County Environmental Coordinator. Monitoring protocol shall be utilized as set forth in the "California Guidelines for Reducing Impacts to Birds and Bats from Wind Energy Development" (California Energy Commission and California Department of Fish and Game). Operation of a WECS determined to be detrimental to avian or bat wildlife may be required to cease operation for a specific period of time or may be required to be decommissioned.

2.

Before issuance of a building permit, the owner/operator of any discretionary WECS shall enter into a WECS Decommissioning and Reclamation Plan and Agreement with the County, outlining the anticipated means and cost of removing the WECS at the end of its serviceable life or upon becoming a discontinued use if it remains inoperable for a period of more than one year. The owner/operator shall post suitable financial security as determined by the County in order to guarantee removal of any WECS that is non-operational or abandoned. The plan must include in reasonable detail how the WECS will be dismantled and removed. The WECS must be dismantled and removed from the premises if it has been inoperative or abandoned for a period of more than one year. The WECS Decommissioning and Reclamation Plan (Plan) shall include removal of all equipment and may require removal of all foundations and other features such as fencing, security barriers, transmission lines, disposal of all solid and hazardous waste in accordance with local, State and Federal regulations, and access roads to the satisfaction of the Director. The Plan shall include restoration of the physical state as existed before the WECS was constructed, and stabilization and re-vegetation of the site as necessary to minimize erosion. The owner/operator, at his/her expense shall complete the removal within 90 days following the one-year period of non-operation, useful life, or abandonment, unless an extension for cause is granted by the Director or a plan is submitted outlining the steps and schedule for returning the WECS to service to the satisfaction of the Director. The WECS Decommissioning and Reclamation Plan Agreement shall be recorded by the Community Development Agency against the title of the property.

3.

Any encumbrances placed on a parcel or parcels due to the installation of a WECS system shall remain in effect for as long as the WECS is on the site, and these encumbrances shall hold equal weight and be cumulative with respect to other limitations on the development of the parcel or parcels. Such encumbrances may not be the basis for granting variances or any other exception to the Marin County Development Code or Marin Countywide Plan regardless of any other additional development constraints imposed on the parcel or parcels. It is the owner's due diligence responsibility to ensure the siting of the WECS will not impose future development restrictions that are unacceptable to the owner.

4.

Construction monitoring of individual projects may be required to include, but not be limited to, surveys and/or inspections as needed, to ensure on-site compliance with all permit requirements, until implementation of requirements is complete.

5.

Upon the completion of construction and before final inspection, solid and hazardous wastes, including, but not necessarily limited to, packaging materials, debris, oils and lubricants, shall be removed promptly from the site and disposed of in accordance with all applicable County, State and Federal regulations. No hazardous materials shall be stored on the WECS site.

(Ord. No. 3577, 2012; Ord. No. 3666 , § II(exh. A), 2017)