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ORD 376U ORDINANCE NO. 376U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17(ZONING)OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR THE INSTALLATION AND OPERATION OF SMALL WIND ENERGY SYSTEMS AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1: California has a shortage of reliable electricity supply. In 2001, the Legislature adopted Assembly Bill 1207 in response to this shortage. Assembly Bill 1207 encourages the use of wind energy by requiring local governments to adopt ordinances that provide for the installation and operation of small wind energy systems in locations outside of"urbanized areas" in the jurisdiction. Each local agency has until July 1, 2002,to adopt such an ordinance. If a local agency fails to adopt an ordinance which provides for the installation and operation of small wind energy systems in non-urbanized areas, the local agency must approve applications for small wind energy systems if they comply with the criteria set forth in Assembly Bill 1207. In order to retain maximum control over land use decisions within its borders, the City desires to enact appropriate regulations to govern the installation of small wind energy systems within its jurisdictional borders. Section 2: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding Section 17.76.150 to Chapter 17.76 to read as follows: "17.76.150 Small Wind Energy Systems. A. Purpose. The purposes of this Section are as follows: (1) To provide for the installation and use of small wind energy systems in certain non-urbanized areas of the city to encourage the use of alternative energy sources; (2) To minimize visual impacts of wind energy towers through careful design, siting and vegetation screening; (3) To avoid damage to adjacent properties from tower failure through careful design and siting of tower structures; and, (4) To ensure that wind energy towers are compatible with adjacent uses. B. Conditional Use Permit Required. The installation and/or operation of a small wind energy system, as defined in Chapter 17.96 (Definitions) of this title, shall require a conditional use permit reviewed and approved by the planning commission pursuant to the procedures set forth in Chapter 17.60 (Conditional Use Permits). Except as modified by the provisions of this Section, all applications for a conditional use permit for a small wind energy system shall comply with the procedures set forth in Chapter 17.60. C. Permissible Zones. The development of small wind energy systems shall be permitted in the following zones on lots that are one (1) acre or greater in size: CL (Commercial Limited), CN (Commercial Neighborhood), CP(Commercial Professional), CG (Commercial General), I (Institutional), C (Cemetery) and OR (Open Space Recreation), D. Requirements. Each small wind energy system shall comply with the following requirements: 1. Lot Size. A small wind energy system may be installed on a lot with a minimum size of one (1) acre. 2. Tower Height. Tower height, as defined in Chapter 17.96(Definitions) shall be measured from lowest finished grade immediately adjacent to the base of the tower. For parcels between one(1) acre and five(5)acres in size,tower height shall be no more than 65 feet. For parcels greater than five (5) acres, tower height shall be no more than 80 feet. Under no circumstances may the height of a tower exceed the height recommended by the manufacturer or distributor of the system. The application shall include evidence that the proposed height of the system does not exceed the manufacturer's recommended height for the system. 3. Setbacks. All small wind energy systems shall comply with the following setback requirements: a. At a minimum, a wind energy system shall be set back from any property line a distance equal to the height of the system. No part of the system, including guy wire anchors, shall extend closer than 30 feet to any property line. In addition, all setbacks comply with applicable fire setback requirements pursuant to Section 4290 of the California Public Resources Code or its successor statute. b. Placement of more than one tower on a lot may be permitted, provided that all setbacks and all other standards set forth in this Section are met by each tower. c. The towers may be located as close to each other as is technically feasible. d. Any accessory structures used in association with the towers shall meet the setbacks required in the applicable zoning district. Ordinance No. 376U Page 2 of 15 4. Turbine. Any wind energy system installed pursuant to this Section must have a turbine. The system's turbine must be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Energy Commission's Renewables Investment Plan, or certified by a national program recognized by the Energy Commission. 5. Noise Level. Noise levels for the system shall be no greater than either 60 decibels measured at the closest neighboring inhabited dwelling or any existing maximum noise levels in the general plan, whichever is lower. The noise levels established by this subsection shall not apply during short-term events such as utility outages and severe windstorms. 6. Safety Standards. A small wind energy system installed pursuant to this Section must be designed to meet the most stringent wind requirements (as established by the UBC), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with soil strength of not more than 1,000 pounds per square foot. The application shall include evidence sufficient to demonstrate the system complies with these standards. 7. Roof Mounting Prohibited. A small wind energy system may not be mounted on the roof of any structure. 8. Aviation Regulations. The system shall comply with all applicable requirements imposed by the Federal Aviation Administration (FAA), including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations, and the California Aeronautics Act (Part 1, commencing with Section 21001, of Division 9 of the Public). 9. Primary Use. A wind energy system installed pursuant to this Section shall be used primarily to reduce onsite consumption of utility power. 10. Visual Impacts. A wind energy system may not impair a view from an adjoining property or create other adverse aesthetic impacts on adjacent properties. The applicant shall demonstrate that the tower will comply with all applicable provisions of Section 17.02.040 (View Preservation and Restoration) of this title. The applicant shall further demonstrate that the tower can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic, and other pertinent factors. Towers clustered on the same site shall be of similar height and design whenever possible. Ordinance No. 376U Page 3 of 15 11. Maintenance Impacts. The applicant shall describe anticipated maintenance needs for each wind energy system requested, including the frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance. 12. Parking. A minimum of two parking spaces shall be provided on each site. An additional parking space for each two employees shall be provided at facilities that require on-site personnel. Storage of vehicles or equipment on a site housing a small wind energy system requires approval of the director or planning commission. Vehicle and equipment storage must conform to landscape and screening requirements. 13. Landscaping. The applicant shall provide a landscape plan to be approved by the director or planning commission. The plan shall note specifications for landscape and screening, including plantings, fences,walls and other features designed to screen and buffer towers, accessory uses and stored equipment. Native vegetation shall be preserved to the greatest extent practicable and incorporated into the landscape plan. 14. Accessory Uses. Accessory uses shall include only such buildings and facilities permitted by the underlying zoning or necessary for the operation and maintenance of the wind energy system. 15. Application of Underlying Zoning Standards. Except as otherwise provided rovided b this Section, a small wind energy system shall comply with all applicable development standards for the underlying zone to the extent such standards do not conflict with paramount federal or state law. 16. Coordination with Electric Utility Service Provider. Unless the applicant does not intend to connect the wind energy system to the electricity grid, the applicant shall demonstrate 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. E. Prohibited Sites. A small wind energy system shall not be allowed on any of the following locations: 1. A small wind energy system shall not be allowed on any site subject to the city's coastal specific plan and/or the California Coastal Act(commencing with Section 30000 of the California Public Resources Code). 2. A small wind energy system shall not be permitted on any site that is listed on the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code. Ordinance No. 376U Page 4 of 15 3. A small wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of the Civil Code. 4. A small wind energy system shall not be permitted on any parcel that is part 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 of the Government Code. 5. A small wind energy system shall not be permitted on any site designated as an Alquist-Priolo Hazard Zone pursuant to the Alquist-Priolo Earthquake Fault Zoning Act(commencing with Section 2621 of the California Public Resources Code). F. Requirements for Application. Each application for a small wind energy system shall include the following information: 1. A completed conditional use permit application on a form prescribed by the Department of Planning, Building and Code Enforcement; 2. Site plan(s)to scale, specifying the location of the tower(s), guy wires, equipment building and other accessory uses, access, parking, fences, landscaped areas and screening; 3. Scaled elevation plans of the proposed tower(s), equipment building, and other accessory uses and related landscaping and screening; 4. Standard drawings and an engineering analysis of the tower showing compliance with the Uniform Building Code (UBC) or the California Building Standards Code (BSC), and certification by a professional mechanical, structural or civil engineer licensed by the State of California; 5. A line drawing of the electrical components of the system in sufficient detail to show that the manner of installation conforms with the National Electric Code and evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator; 6. Evidence demonstrating that the proposed height of the wind energy system does not exceed the manufacturer's recommended height for the system; Ordinance No. 376U Page 5 of 15 7. Sufficient evidence of the structural integrity of the tower(s) demonstrating compliance with the safety standards set forth in subsection (D)(6) of this section; 8. An affidavit that the primary purpose of the wind energy system is to reduce onsite consumption of utility power; 9. A completed environmental assessment application; 10. A scaled landscape plan indicating size, spacing and type of plantings as required in subsection (D)(13) of this section; 11. Any additional information requested by the director and reasonably necessary to evaluate the application. G. Notice. Notwithstanding the notice provisions of Section 17.60.040 (Public Hearing), notice of any application for a Conditional Use Permit for a wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located. H. Findings. In addition to the findings required by Section 17.60.050 (Findings and Conditions) of this title, the planning commission may grant a conditional use permit for a small wind energy system only if it finds: 1. The wind energy system will not impair a view from an adjoining property or create other adverse aesthetic impacts on adjacent properties; and, 2. The wind energy system complies with all applicable safety requirements and will not expose the public to any undue safety risk. I. Appeal. The decision of the planning commission may be appealed to the city council in accordance with the procedure set forth in Section 17.80.070 (Hearing Notice and Appeal Procedures) of this title." Section 3: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding Section 17.96.2355 to Chapter 17.96 to read as follows: "17.96.2355 Wind energy system, small. For the purposes of this Section, `small wind energy system' shall mean a wind energy conversion system consisting of a wind turbine (approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission's Renewable Investment Plan or certified by a national program recognized Ordinance No. 376U Page 6 of 15 and approved by the California Energy Commission), a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity, as defined under the Emerging Renewables Fund of the Renewables Investment Plan, and which is used primarily to reduce onsite consumption of utility power." Section 4: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding Section 17.96.2105 to Chapter 17.96 to read as follows: "17.96.2105 Tower height, small wind energy system. Tower height means the height above grade of the fixed portion of the tower, excluding the wind turbine." Section 5: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.14.030 of Chapter 17.14 (Commercial Limited (CL) District) to read as follows: "17.14.030 Uses and development permitted by conditional use permit. The following uses and development may be permitted in the commercial limited (CL) zone, if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in Section 17.14.010 of this chapter and Chapter 17.60 (Conditional Use Permits): A. Automobile service stations, pursuant to Section 17.76.090 (Automobile service stations); B. Flower and produce stands and similar commercial/agricultural retail uses; C. Convenience stores, pursuant to Section 17.76.080 (Convenience stores); D. Bed and breakfast inns; E. Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to Chapter 17.62 (Special Use Permits), by the director; F. Cleaners/laundry uses which have cleaning operations on site; G. Churches; H. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite dishes); I. Concurrent sales of alcohol and motor fuel; J. Developments of natural resources, except in the coastal specific plan district; K. Golf courses, driving ranges and related ancillary uses; Ordinance No. 376U Page 7 of 15 L. Governmental facilities; M. Private educational uses, including nursery schools and day nurseries; N. Public utility structures; O. Outdoor active recreational uses and facilities; P. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, Q. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 6: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.16.030 of Chapter 17.16 (Commercial Neighborhood (CN) District) to read as follows: "17.16.030 Uses and development permitted by conditional use permit. The following uses may be permitted in the commercial neighborhood (CN) zone if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in Section 17.16.010 of this chapter and Chapter 17.60 (Conditional Use Permits): A. Wholesale plant nurseries; B. Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to Chapter 17.62 (Special Use Permits), by the director; C. Car washes; D. Automobile service stations, pursuant to Section 17.76.090 (Automobile service stations); E. Flower and produce stands and similar commercial/agricultural retail uses; F. Convenience stores, pursuant to Section 17.76.080 (Convenience stores); G. Bed and breakfast inns; H. Cleaners/laundry uses which have cleaning operations on site; I. Veterinary clinics involving the boarding of animals; J. Churches; K. Commercial antennas, pursuant to Section 17.76.020 (Antennas and Ordinance No. 376U Page 8 of 15 satellite dishes); L. Concurrent sales of alcohol and motor fuel; M. Developments of natural resources, except in the coastal specific plan district; N. Golf courses, driving ranges and related ancillary uses; O. Governmental facilities; P. Private educational uses, including nursery schools and day nurseries; Q. Public utility structures; R. Outdoor active recreational uses and facilities; S. Restaurants that sell alcoholic beverages and have dancing, live entertainment, or four or more billiard tables, dart boards, or other games which may be used for competition and/or recreation; restaurants that sell alcoholic beverages and change the type of retail license classification they hold under authority of the State Department of Alcoholic Beverage Control; and restaurants that provide drive-through window service for vehicles; T. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, U. Such uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 7: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.18.030 of Chapter 17.18 (Commercial Professional (CP) District) to read as follows: "17.18.030 Uses and development permitted by conditional use permit. The following uses may be permitted in the commercial professional (CP) zone, if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in Section 17.18.010 of this chapter and Chapter 17.60 (Conditional Use Permits): A. Bed and breakfast inns; B. Churches; C. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite dishes); D. Developments of natural resources, except in the coastal specific plan district; Ordinance No. 376U Page 9 of 15 E. Governmental facilities; F. Private educational uses, including nursery schools and day nurseries; G. Public utility structures; H. Outdoor active recreational uses and facilities; I. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, J. Such uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 8: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.20.030 of Chapter 17.20 (Commercial General (CG) District) to read as follows: "17.20.030 Uses and development permitted by conditional use permit. The following uses may be permitted in the commercial general (CG)zone if it is found in each individual case by the planning commission, that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in Section - 17.20.010 of this chapter and Chapter 17.60 (Conditional Use Permits): A. Automobile service stations, pursuant to Section 17.76.090 (Automobile service stations); B. Automobile service stations and car washes accompanying auto service stations, as per Section 17.76.090 (Automobile service stations); C. Car washes; D. Wholesale plant nurseries; E. Flower and produce stands and similar commercial/agricultural retail uses; F. Hotels; G. Movie theaters, billiard halls, bowling alleys, skating rinks and other similar commercial-recreational uses; H. Fitness studios, dance schools, computer schools and other similar educational activities or uses; I. Convenience stores as per Section 17.76.080 (Convenience stores); J. Recycling drop-off/collection facilities and community service recycling programs pursuant to Chapter 17.58 (Recycling); K. Outdoor sale, storage or display of merchandise and/or provisions of Ordinance No. 376U Page 10 of 15 services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to Chapter 17.62 (Special Use Permits), by the director; L. Bed and breakfast inns; M. Cleaners/laundry uses which have cleaning operations on site; N. Churches; O. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite dishes); P. Concurrent sales of alcohol and motor fuel; Q. Developments of natural resources, except in the coastal specific plan district; R. Golf courses, driving ranges and related ancillary uses; S. Governmental facilities; T. Public utility structures; U. Outdoor active recreational uses and facilities; V. Restaurants that sell alcoholic beverages and have dancing, live entertainment, or four or more billiard tables, dart boards, or other games which may be used for competition and/or recreation; restaurants that sell alcoholic beverages and change the type of retail license classification they hold under authority of the State Department of Alcoholic Beverage Control; and restaurants that provide drive-through window service for vehicles; W. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, X. Such uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 9: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.26.030 of Chapter 17.26 (Institutional (I) District)to read as follows: "17.26.030 Uses and development permitted by conditional use permit. The following uses may be permitted in the institutional district, pursuant to a conditional use permit, as per Chapter 17.60 (Conditional Use Permits): A. Public facilities owned or used and operated for governmental purposes by the city, the county, the state and the government of the United States of America, and any special district or other local agency; Ordinance No. 376U Page 11 of 15 B. Educational facilities used and operated for educational purposes, including ancillary uses and developments which are operated by the educational institution and are part of, and necessary to, the educational program of the institution; C. Churches,temples or other places used primarily for religious services, including parochial schools and convents; D. Clinics and sanitariums, including animal hospitals; E. Sanitariums, nursing homes, rest homes, homes for the aged, homes for children and homes for mental patients; F. Recycling drop-off/collection facilities and community service recycling programs, pursuant to Chapter 17.58 (Recycling); G. Bed and breakfast inns; H. Cemeteries; I. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite dishes); J. Developments of natural resources, except in the coastal specific plan district; K. Helistops, in conjunction with another use allowed by this chapter; L. Public utility structures; M. Outdoor active recreational uses and facilities; N. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, O. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter - 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 10: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.28.030 of Chapter 17.28 (Cemetery(C) District)to read as follows: "17.28.030 Uses and development permitted by conditional use permit. The following uses may be permitted in the cemetery district, pursuant to a conditional use permit, as per Chapter 17.60 (Conditional Use Permits): A. Burial park for earth interments, mausoleums for vault or crypt interments and/or columbarium for cinerary interments; B. Mortuary; C. Associated sales and office uses directly related to the operation of the cemetery, including flower sales; Ordinance No. 376U Page 12 of 15 D. Churches; E. Developments of natural resources, except in the coastal specific plan district; F. Public utility structures; G. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, H. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 11: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by revising Section 17.34.040 of Chapter 17.34 (Open Space Recreation (OR) District) to read as follows: "17.34.040 Uses and development permitted by conditional use permit. The following uses may be permitted in the open space recreation district pursuant to a conditional use permit, as per Chapter 17.60 (Conditional Use Permits): A. Privately-owned recreational areas of an open nature, stables, parks, playgrounds, wildlife preserves and such buildings and structures as are related thereto; B. Residential structures for a caretaker and family; C. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite dishes); D. Developments of natural resources, except in the coastal specific plan district; E. Golf courses, driving ranges and related ancillary uses; F. Helistops, in conjunction with another use allowed by this chapter; G. Public utility structures; H. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy systems); and, I. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Ordinance No. 376U Page 13 of 15 Section 12: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 13: URGENCY FINDINGS. The City is responsible for adopting and implementing land use regulations within its boundaries. In 2001, the California Legislature adopted Assembly Bill 1207 in response to the State's energy shortage. Assembly Bill 1207, which became effective on January 1, 2002, encourages the use of wind energy by requiring local governments to adopt ordinances that provide for the installation and operation of small wind energy systems in locations outside of "urbanized areas" in the jurisdiction. Each local agency must adopt an ordinance which provides for the installation and operation of small wind energy systems in non-urbanized areas by July 1, 2002, or the local agency will be required to approve applications for small wind energy systems if they comply with the criteria set forth in Assembly Bill 1207. The City has many unique circumstances, including landslide issues and view protection regulations, that affect land use decisions. Because of these circumstances, it is imperative that the City adopt its own regulations governing the installation and operation of small wind energy systems within city limits. Local regulations are expressly authorized by Assembly Bill 1207 and necessary in order to protect the public health, safety and welfare of the City's residents and the general public. Since Assembly Bill 1207 mandates the City's enactment of a wind energy ordinance on or before July 1, 2002, it is necessary to immediately adopt regulations to govern the installation and operation of small wind energy systems within the City. Installation of small wind energy systems before the appropriate procedures and regulations are enacted has the potential to cause adverse impacts to views and aesthetics and to risk the public health, safety and welfare of the City's residents and the general public. It is therefore urgent that the enactment of regulations governing the installation and operation of small wind energy systems effected by this ordinance become effective immediately to prevent adverse impacts to the public health, safety and welfare that may result from unregulated placement of such systems in the City. Based on the foregoing, the City Council hereby finds that this ordinance is necessary for the immediate. preservation of the public health, safety and welfare, hereby declares the facts constituting the urgency, and passes this ordinance by at least a four-fifths vote of the City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b). Section 14: The City Clerk shall cause this Ordinance to be posted in three (3) Ordinance No. 376U Page 14 of 15 public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED, AND ADOPTED this 18th day of June 2002. r - � ay. ATTEST: 1_0 / " r ity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 376U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 18, 2002, and that the same was passed and adopted by the following roll call vote: AYES: Mayor McTaggart, Mayor Pro Tem Stern, Councilmembers Clark, Ferraro and Gardiner NOES: none ABSENT: none ABSTAIN: none r CITY CLERK Ordinance No. 376U Page 15 of 15 EXHIBIT `A' TO ORDINANCE NO. 376U ADDENDUM NO. 6 TO ENVIRONMENTAL ASSESSMENT/ NEGATIVE DECLARATION(EA/ND) NO. 694 June 18, 2002 On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a Negative Declaration for Environmental Assessment No. 694 for amendments to Titles 16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration was circulated for public comment from March 4 through March 24, 1997 and no substantive comments were received from any persons or responsible agencies. In adopting the Negative Declaration, the City Council found: 1) that there would be no significant adverse environmental impacts resulting from the adoption of the amendments; 2) that many of the amendments were clarifications and minor non- substantive revisions; and 3) that the substantive amendments would reduce impacts on the environment since the requirements and regulations governing development in the City would generally be strengthened, thereby further reducing any adverse impacts to adjacent properties, and therefore, upon the environment. The City Council is currently considering the adoption of an Ordinance that would approve an amendment to Title 17 (Zoning) of the City's Municipal Code to enact a Wind Energy Ordinance, as mandated by Assembly Bill 1207. The proposed amendment would give the City the discretion to review the installation and operation of small wind energy systems through a conditional use permit process. Without the adoption of this Ordinance, the City would be obligated to approve applications for small wind energy systems "by right," subject to standards established by State law. As such, the City Council has determined that the proposed amendment would not result in new significant environmental effects, but would actually serve to reduce impacts upon the environment by allowing the City to exercise local control over land use issues. Furthermore, the City Council believes that the amendment is within the scope of EA/ND No. 694 that was prepared and adopted in conjunction with the amendments to Titles 16 and 17 that were adopted on April 19, 1997 by the City Council. As a result, no further environmental review is necessary. Ordinance No. 376U Exhibit `A' i ji! RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on June 24, 2002, she caused to be posted the following document entitled: . Ordinance No. 376U — Regulating Installation of Wind Energy Systems, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Ryan Park Hesse Park 30359 Hawthorne Blvd. 29301 Hawthorne Blvd. Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affadavit of posting. ° -1/94-,60e--6ie__. City Clerk W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc