HomeMy WebLinkAbout2013/06/04 Item 06CITY COUNCIL
AGENDA STATEMENT
~`~~ CITY OF
CHULA VISTA
JUNE 4, X013
Item _~
ITEM TITLE: PUBLIC HEARING - CONSIDERATION OF GPA 10-04,
AMENDMENTS TO THE CITY'S GENERAL PLAN; AND
PCM 10-12, AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE TITLE 19 (ZONING ORDINANCE) AND
NEW COUNCIL POLICY, ESTABLISHING REGULATIONS
AND REQUIREMENTS FOR THE SITING OF ELECTRICAL
GENERATING FACILITIES WITHIN THE CITY OF CHULA
VISTA.
A) RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING AMENDMENTS TO THE LAND
USE AND TRANSPORTATION, AND ENVIRONMENTAL
ELEMENTS OF THE CHULA VISTA GENERAL PLAN,
RELATED TO THE SITING OF ELECTRICAL
GENERATING FACILITIES WITHIN THE CITY OF
CHULA VISTA;
SUBMITTED BY:
REVIEWED BY:
B) AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CERTAIN SECTIONS OF TITLE 19
(ZONING ORDINANCE) OF THE CHULA VISTA
MUNICIPAL CODE ESTABLISHING REQUIREMENTS
AND REGULATIONS FOR THE SITING OF
ELECTRICAL GENERATING FACILITIES WITHIN THE
CITY OF CHULA VISTA; AND
C) RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING A COUNCIL POLICY FOR THE
SITING OF ELECTRICAL GENERATING FACILITIES
WITHIN THE CITY OF CHULA VISTA WITHOUT
OFFSET PROVISIONS.
-OR-
D) RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING A COUNCIL POLICY FOR THE
SITING OF ELECTRICAL GENERATING FACILITIES
WITHIN THE CITY OF CHULA VISTA WITH OFFSET
PROVISIONS.
ASSISTANT CITY MANAGER/ DIRECTOR,
DEVELOPMENT SERV ES ~~ -~- ~' ~
CITY MANAGE
4/STHS VOTE: YES ~ NO
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SUMMARY
Pursuant to Council direction, Development Services Department (DSD) staff and interested
members of the original 2005 Chula Vista General Plan Update (GPU) Environment, Open
Space, and Sustainable Development Subcommittee (the "Environmental Working Group"), and
members of the business community and industry (the "Industry Working Group") have worked
together to develop proposed regulations and siting criteria for Electrical Generating Facilities
(EGFs) within Chula Vista. The efforts by both groups resulted in proposed amendments to
certain portions of the General Plan Land Use and Transportation and Environmental Elements;
the Zoning Ordinance; and a draft EGF Council Policy (collectively referred to as the "EGF
Provisions"), which are the subject of this report and are being presented to the City Council for
consideration.
BACKGROUND
Context
The City of Chula Vista's General Plan Land Use and Transportation and Environmental Elements
contain goals, objectives and policies that stipulate the importance of improving air quality, and
minimizing dependency on fossil fuels and exposure of sensitive receptors to toxic air contaminants
from facilities such as EGFs.
The need for the requirements and regulations stems from discussions in 2008/09 surrounding
the MMC peaking power plant proposal in south Chula Vista. Through those discussions it
became evident that the City's current policies were not sufficiently clear, and that desired and
needed local siting regulations and requirements were lacking and should be updated. At that
time, the City's General Plan contained broad policy language regarding the avoidance of siting
sensitive receptors within 1,000 feet of toxic emitters, and the Zoning Ordinance included
provisions from the 1960's that allowed Power Plants to operate by right within the General
Industrial zone. More than just these "bookend" provisions are needed for sufficient guidance
and regulation. Per Council direction in February 2010, staff in conjunction with the noted EGF
working groups has prepared comprehensive requirements and regulations for the siting of EGFs
within the City of Chula Vista, consisting of clarified General Plan policies, expanded Zoning
Ordinance provisions, and a new Council Policy on Electrical Generating Facilities siting.
Main Considerations and Issues being Addressed
The focus of these comprehensive regulations is aimed at reducing the effects associated with
EGFs by: 1) establishing adequate separation between EGFs and sensitive receptors, 2) Defining
5 types of contemporary EGFs, 3) identifying zones where the various types of EGFs can locate
4) establishing siting criteria based on nuisance issues, and 5) requiring local mitigation/offsets
for associated fossil-fuel burning emissions. These regulations will provide clear guidance for
applicants and the California Energy Commission (CEC) and the City Council when considering
locating EGFs within the City of Chula Vista.
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Process
Consistent with Council direction, staff engaged a thorough effort involving both of the noted
Working Groups, business organizations, city police, fire and public works departments, and
select boards and commissions as outlined below.
From May through September of 2010, staff worked with the Environmental Working Group to
evaluate policy and regulatory approaches, reseazch of available technical data, and formulate the
scope of siting criteria for EGFs that could result in the greatest reduction of fossil-fuel burning
emissions. From September of 2010 through April of 2011, staff then crafted draft EGF
documents in conjunction with Environmental Working Group review and input. Staff and the
Environmental Working Group presented the draft EGF documents to the Resowce
Conservation Commission (RCC) and the Council Energy Subcommittee (CES) in May of 2011.
Through the review and comments from the RCC and CES, staff convened with the
Environmental Working Group on July 11, 2011 to clarify certain refinements, such as the point
of measurement for the 1,000 feet separation between sensitive receptors to the Baseload and
Peaking EGF's emission sowce, and other minor refinements. Subsequently, staff presented the
EGF Provisions to the Planning Commission in August 2011.
In accordance with input and direction from the Planning Commission, from September 2011
through August 2012, staff formed and worked with an Industry Working Group to provide
perspectives affecting business and industry.
Upon completion of input and proposed edits by the Industry Working Group, staff convened a joint
meeting of both Working Groups on October 2, 2012 to review comparative EGF documents.
On January 30, 2013, staff presented the proposed EGF documents at the Council-led Environmental
workshop, chaired by Deputy Mayor Bensoussan. Members of both Working Groups were in
attendance. The outcomes of these meetings aze presented in the Boards/Commission
Recommendation section of this report. Further details regarding process and related inputs and
refinements are presented in the Discussion section of this report.
Proposals
The following is a brief summary of the three components of the proposed EGF Provisions:
a. General Plan: The General Plan Environmental and Land Use and Transportation Elements
each include an amended policy that clarifies the importance of "not siting" sensitive receptors
within 1,000 feet of baseload and peaking EGFs. Descriptions for the Limited Industrial and
Public Quasi-Public land use classifications were revised to include uses such as EGFs.
b. Zoning Ordinance: Defines the 5-types of EGFs, the zones in which they can locate, whether
they are considered Accessory Uses or require a Conditional Use Permit; revises the "Uses"
section to establish siting criteria and performance standards for EGFs such as the
measwement of 1,000 feet from specified sensitive receptors, the need to utilize Best
Available Control Technology (BAC'1~, and requiring periodic BACT review by the City.
c. New Council Policy: Provides guidance and specifications for the siting of all EGFs within
Chula Vista tied to the Zoning Ordinance requirements. Introduces an "Offset" concept which
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requires applicants to provide fossil-fuel burning reductions commensurate with the
uncaptured GHG emissions from the EGF that are not otherwise mitigated under CEQA or
other mandated federal and state requirements. Contains defmitions, purpose and siting tables
(1 for each of the 5 EGF types based on fuel source being utilized).
Outcome of Workine Group discussions
Both Working Groups are in agreement with the proposed General Plan revisions and Zoning
Ordinance provisions, and on the majority of the EGF Policy, with exception of the Offset
provision.
The Industry Working Group recommends the adoption of Council Policy Version 3 without the
Offset provision (Attachment 3), and the Environmental Group is in favor of Version 4
(Attachment 4) which requires Offsets but would apply them only to larger Baseload and Peaker
type EGFs.
The details of each of the 3-part EGF regulatory framework and the process that the City and Working
Groups have engaged in for the past three years are further elaborated in this report.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed Amendments for compliance with
CEQA and has determined that there is no possibility that the activity, adopting a General Plan
amendment, Zoning Code amendment, and new Council Policy may have a significant effect on the
environment because the new General Plan policy, Zoning Code provisions, and new Council Policy
will result in more stringent requirements for locating an Energy Generating Facility than currently
exist. Therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary. Although environmental review is not
necessary for the General Plan Amendment and Zoning Code change, environmental review will be
requued for any Energy Generating Facilities that are proposed as part of the conditional use permit
evaluation for that specific project.
RECOMMENDATION
That the City Council:
1) Adopt the Resolution approving proposed amendments to the City's General Plan;
2) Approve and place on first reading the ordinance making amendments to the Zoning
Ordinance; and
3) Adopt Resolution "D" approving a new Council Policy for Electrical Generating Facilities
BOARDS/COMMISSION RECOMMENDATION
On May 9, 2011, the proposed EGF Provisions were presented for review and feedback to the
Resource Conservation Commission (RCC); and also presented to the Council Energy
Subcommittee (CES) on May 31, 2011. The RCC and the CES voted to recommend to the City
Council approval of the EGF Provisions with certain minor text clarifications.
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The RCC expressed concerns regarding potential impacts to the business community, whether
the proposed 5-year periodic review time frames and implementation of Best Available Control
Technology (BACT) were practicable and feasible for applicants, considering amortization of
initial capital costs. The Council Energy Subcommittee recognized the efforts of staff and the
Working Group and the complexities in crafting the proposed EGF siting regulations and
requirements, and asked if input was provided from the business community. Staff responded
that while formal input from the business community had not yet been solicited; it would do so
post completion of initial input from the Planning Commission.
Edited documents incorporating the RCC and CES inputs were considered by the Planning
Commission on August 10, 2011. The Planning Commission unanimously voted to recommend
City Council approval of the proposed amendments to the EGF Provisions with minor
clarifications involving the amount of renewables for Baseload and Peaker type EGFs
respectively, which have been incorporated into the proposed Council Policy (see Tables A and
B). The Planning Commission also requested that staff solicit input from the business
community and industry to ensure that equal perspectives are represented in the proposed EGF
documents.
On January 30, 2013, the City convened aCouncil-led Environmental workshop facilitated by
Deputy Mayor Bensoussan to present proposed final drafts of the EGF documents resulting from
the inputs of the Industry Working Group process, and a joint meeting with both Working
Groups from October 2, 1012. Questions and input of those in attendance are summarized in
Attachment 5, along with staff comments.
DISCUSSION
As noted in the Background section, the proposed 3-part. regulatory framework provides
complete requirements and standards to regulate EGFs. The following provides an overview of
each of the proposed 3 components of the EGF Provisions:
1. AMENDMENTS TO THE GENERAL PLAN (See Attachment 1)
The General Plan contains broad Definitions, Goals, Objectives and Policies that
encompass/address a wide spectrum of land uses and related subjects/issues, including air quality
and toxic emissions associated with uses such as EGFs.
The proposed amendments to the General Plan involve the following:
• Revision to the general description for the Limited Industrial (LI) land use designation in
Section 4.9.5 of the Land Use and Transportation (LUT) Element, to clarify that certain
public utility uses, including EGFs are allowable on LI designated lands.
• Revision to the general description for the Public and Quasi Public (PQP) land use
designation in Section 4.9.6 of the LUT Element to (1) conform the format to those of the
other descriptions, and (2) clarify that certain public utility uses are allowable on PQP
designated lands.
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• Revision to Environmental Element (EE) Policy 6.4 regazding EGF siting to clarify that a
minimum 1000ft separation is needed between baseload or peaking type EGFs and
sensitive receptors (e.g. residential areas, schools, hospitals, child care centers).
• Revision to EE Policy 23.3 to clarify not siting industrial facilities and uses that pose
significant hazazds to human health in proximity to schools or residential.
The proposed text amendments to the General Plan Land Use and Transportation and
Environmental Elements (as listed above) aze shown in a strikeout/underline format in
Attachment 1, and reflect unanimous consensus by the both Working Groups.
2. AMENDMENTS TO THE ZONING ORDINANCE (See Attachment 2)
The Zoning Ordinance is an implementing tool of the General Plan. There are generally three
aspects of the Zoning Ordinance being amended to address EGFs: 1) addition of Defmitions
regarding EGFs; 2) revision of individual zone's provisions for "Permitted," "Not-Permitted",
"Accessory" and "Conditionally Permitted" uses to include the individual types of EGFs as
appropriate; and 3) expansion of the Uses section to establish special considerations, siting
criteria and regulations for EGFs.
Following is descriptive overview of the proposed amendments to Chula Vista Municipal Code
Title 19 (the "Zoning Ordinance"):
• Chapter 19.04 (Definitions) adds Section 19.04.089 listing "Electrical generating
facilities" as a defined term, along with definitions for five distinct sub-types as noted in
the Discussion section. Today EGFs come in a range of forms that vary from the
traditional notion of "power plants." Defining the five types allows for the establishment
of appropriate, tailored regulations.
• Adds the teen "Public" to existing definition 19.04.190 to make it Public/Quasi public
(PQ), and enhances the definition by providing a more descriptive list of PQ type land
uses, including certain types of EGFs.
• Revises Sections 19.22.020 - 19.26.020 (Residential Estates (RE), Single Family
Residence (Rl), and One- and Two-Family Residence (R2)) zone(s) permitted uses, to
add Residential-Level EGFs subject to associated siting criteria.
• Revises Section 19.28.040 (Apartment Residential (R3)), Sections 19.030.040 -
19.40.030 (Administrative and Professional Office (CO), Neighborhood Commercial
(CN), Central Commercial (CC), Visitor Commercial (CV), and Thoroughfare
Commercial (CT)) zone(s) accessory uses, to allow only Private and Backup &
Emergency type EGFs subject to associated siting criteria, and as an Accessory Use.
• Revises Section 19.44.030 and 19.46.020 (Limited Industrial (IL)) zone conditional uses,
to allow Baseload and Peaking type EGFs, subject to associated siting criteria and a
Conditional Use Permit. Private and Back up & Emergency type EGFs are allowed as an
Accessory Use.
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• Revises Chapter 19.46 (General Industrial (I)) zone Section 19.46.020 to remove
Electrical generating plants as a use permitted by right; and revises Section 19.46.040 to
allow Baseload and Peaking type EGFs, subject to associated siting criteria and a
Conditional Use Permit. Private and Back Up & Emergency type EGFs are allowed as an
Accessory Use.
• Revises Chapter 19.47 (Public/Quasi Public (PQ)) zone Section 19.47.010 -Purpose, to
provide a more descriptive list of typical PQ type facilities and uses, including certain
types of EGFs; and revises Section 19.47.040- Conditional uses, to allow Baseload and
Peaking EGFs, subject to associated siting criteria and a Conditional Use Permit. Private
and Back up & Emergency type EGFs aze allowed as an Accessory Use.
Revises Chapter 19.48 (Planned Community (PC)) zone to add Section 19.48.151 to
allow certain types of EGFs within planned community areas dependant upon the type of
land use designation (residential, commercial, industrial, public/quasi-public) similar to
the above. They are also subject to the same criteria noted for other similar zones above,
and would require a Conditional Use Permit for Baseload and Peaking type EGFs only
with the exception of Residential-Level EGFs.
Revises Chapter 19.58 -Uses, to add Section 19.58.142 -Electrical Generating
Facilities, providing standards for siting and establishment of each of the five types of
EGFs, as specified in 19.58.142 C-G. The standazds include the requirement that EGFs
must also be found to be in compliance with the new Council Policy on EGF siting. The
Uses section and the Policy comprise the core of the siting and performance requirements
developed by staff and the EGF Working Groups. The standazds include limiting
Baseload and Peaking EGF types to Natural Gas or Non-Fossil Fueled facilities, with
location distance at a minimum of 1,000 feet from specified sensitive receptors; utilizing
best available control technologies (BACT); and conformance with applicable Zoning
Code requirements for fencing/screening, landscaping, noise, and architectural approvals.
All other EGF subtypes are subject to the applicable siting criteria. The review period for
BACT shall be 10 yeazs (rather than original 5 years) based on the time-frame for new
technology to develop, and for equipment cost recovery; and will not begin until the EGF
has been commissioned to operate, rather than from the date of the CUP approval.
The following table summazizes the EGF sub-types and in which zones they are "Permitted,"
"Not-Permitted," "Accessory Uses" or "Conditionally Permitted."
Zones
EGF Sub- RE Rl R2 R-3 C-O C-N C-C C-V C-T I-L I P-Q PC
es
Baseload r,,,?~ ~ ~, i~o „~ ~ a„ ~';. - CUP CUP CUP CUP
,
Peaking ~~:,;;,j~ ~ 1,K ~ ~~~,'; ~ CUP CUP CUP CUP
TT
Private y k = -''~~' ACC ACC ACC ACC ACC ACC ACC ACC ACC ACC
~
Backup and P* P* P* ACC ACC ACC ACC ACC ACC ACC ACC ACC ACC
Emergency
Residential- P* P* P* p**
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level ,: s ~, ~.: r f -
Permitted p* Not-Permitted ~ Conditionally Permitted CUP
Accessory Uses ACC
* Permitted subject to and regulated by the California Electrical and Mechanical Codes; and
Chula Vista Municipal Code Chapter 15.
** Permitted similaz to RE, Rl and R2 Zones.
The proposed Zoning Ordinance amendments provide cleaz and comprehensive regulatory
requirements for the siting of EGFs within the City of Chula Vista, and are designed to be utilized in
conjunction with the EGF Council Policy (described below).
3. EGF COUNCIL POLICY AND ASSOCIATED TABLES (Attachments 3 and 4)
A new Council Policy is proposed to provide guidance and specifications for the siting of all
types of EGFs within the City of Chula Vista. As noted above, the EGF Policy is tied to the
Zoning Ordinance requirements, and serves as a comprehensive set of guidelines and
performance standazds for EGF siting. Consistent with typical Council policy format, the Policy
contains Background and Purpose sections, along with Policy provisions that include definitions,
EGF siting criteria, and emissions offset requirements. The Council EGF Policy and siting criteria
Tables aze to be utilized in conjunction with the Zoning Ordinance as described in section 2 of this
report.
Following is an overview of the main aspects of each section:
Background -
• Acknowledges relationships to the siting authority of the California Energy
Commission (CEC) involving EGFs of 50 megawatts or lazger, and the City's for
those less than 50 megawatts.
• Notes the Council directive from Februazy 2010 to develop policies and regulations
for EGF siting within the City.
Purpose -
• Notes the relationship of the policy to protecting public health and safety while
ensuring that the City does its fair shaze to provide for energy needs and reliability
in an environmentally appropriate manner.
• Recognizes the City's commitment to transitioning to a less dependent fossil fuel
burning energy future in an economically and environmentally sustainable
manner.
• Indicates that the Policy's requirements are in addition to the requirements of any
federal, state or other permitting agency's requirements or mitigations.
• Emphasizes City's desire for local mitigation/offsets
Policy -
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• Clazifies that the General Plan policies, zoning code standards and this EGF
Council Policy constitute the local Laws, Ordinances, Regulations and Standazds
(LORS) that the City will use for reviewing EGFs, and that are referenced in State
law when state authorities (e.g. the California Energy Commission (CEC) or
California Public Utilities Commission (CPUC)) are the permitting authority.
• Includes definitions for 27 terms that are used in the Policy and accompanying
siting criteria tables for the various types of EGFs.
• Establishes Siting Criteria for each of the five major types of EGFs, and with
regazd to the four types of fuels that could be used.
• Establishes provisions for providing local "Offsets" of fossil fuel burning
emissions effects using GHG as a proxy commodity for calculating quantities.
• Accompanying Tables A - E present the criteria for each of the five types of
EGFs (A - Baseload; B - Peaking; C - Private; D - Backup; E - Residential-
level). The criteria for each type encompass:
o Operational Provisions- general operating characteristics expected.
o Distances to Sensitive Receptors- minimum sepazation requirements
between the EGF and land uses that aze most susceptible to health risks
from EGF air emissions.
o Zones- the zoning districts in which that type of EGF may be located.
o Performance Criteria- standazds that can be measured objectively such
as requiring state of the art technologies, emission offsets, location of
emission output, and offsets/mitigation to be provided within Chula Vista.
o Cumulative Considerations- address modeling analyses and public
notification requirements.
Emissions Offset Provisions-
Emissions effects by EGFs, especially larger Baseload and Peaker types may or may not be
mitigated locally. The local "Offset" concept is intended to establish a requirement that local
fossil-fuel burning emissions effects be lessened via the proposed Offset provisions.
The Offset proposal seeks fossil-fuel burning reductions such that the associated amount of GHG
savings from those fossil-fuel burning reduction activities are commensurate with the level of
otherwise unmitigated GHG from the EGF. The unmitigated emissions aze those not already
captured by the EGFs equipment or mitigations required by CEQA and other federal, state or
local regulatory standards. The purpose of the Offset program is to ensure that at minimum,
some level of local reduction of fossil-fuel burning/particulate emissions is achieved. The Offset
is a one-time only requirement based on one year of projected GHG emissions from the EGFs
air quality permits.
GHG is used as a basis for determining the level of fossil-fuel burning "Offsets" because there
aze readily available tools that exist for making calculations and conversions, and GHG data for
the EGFs is already included in the project technical information. This approach is taken in order
to simplify and streamline the process for determining Offsets. It responds to the Environmental
Working Group inputs that the provisions should not overly complicate the process or add
requirements for studies or information not otherwise already required for EGFs.
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The EGF's uncaptured GHG levels are only used as a "proxy" to establish the level of Offsets to
be implemented, and is not directly related to GHG reduction programs under the City's Climate
Action Plan or any other GHG mitigation regulations. Proposed Offsets are separate from
CEQA-related requirements or mitigations associated with the California Air Resources Board
(GARB) or San Diego Air Pollution Control District (APCD) permits.
Proposed Policv Options regarding Offsets -
The offset calculation and options as originally developed with the Environmental Working
Group are summarized below:
• Requires reducing other fossil-fuel buming activities to the extent the GHG emissions
associated with the reductions are equivalent to the EGFs unmitigated GHG emissions.
These other fossil-fuel buming activity reductions (the Offsets) must be achieved through
implementation of local projects.
• GHG emission calculations will be based on maximum number of annual operating hours
as established by the facility's regulatory permit using The Climate Registry/California
Air Resources Board's (CARS) reporting methodologies.
• Two (2) methods would be available to project proponents for providing Offsets. The
first option is contributing to the City's Energy Conservation Fund (Fund) which will
comprise a menu of offset projects (at municipal facilities and in the community), their
GHG reduction amounts, and their full implementation costs. The second option is that
the applicant provides their own Offset projects and calculations which would be
reviewed by, and deemed acceptable to, the City.
As a result of initial discussions with the Industry Working Group, several minor edits were
proposed, including:
1) The clarification of the existing definitions, and the addition of several new definitions;
2) Expanded explanation of "Offset" requirements; and
3) Expanded explanation of the use of GHG as a proxy commodity in determining the
amount of Offsets; and the addition of Best Available Control Technology (BACT)
review requirements so that the applicant can clearly understand what information to
submit to the City for the review.
There was a large amount of discussion on the policy's "Offset" proposals, and due to potential
complexities in implementing and administering the "Offset" requirements, three additional
versions of the EGF Policy were prepazed.
The versions aze summarized below with more detailed explanation presented in Attachment 6.
Each represents a refinement of the previous version based on residual issues.
a. Version 2: Removes the Fee component of the Offset provision due to complexities in
determining and administering the fee, including the need for a Fee Study and nexus
evaluation. Offsets are done by applicant independently or in conjunction with others.
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b. Version 3: Eliminates the Offset requirement due to concerns regarding economies of
scale, whereby the smaller private EGFs may not be able to provide Offsets on their own
which may necessitate cross-business subsidies in order to fulfill Offset provision.
Industry group had concerns with this. This version is recommended by the Industry
Working Group.
o. Version 4: Maintains the Offset provisions but only for Baseload and Peakers. This
maintains the goal of the Environmental Working Group and the intent of the Policy,
which is to address the unmitigated fossil-fuel burning/particulate emissions associated
with larger EGF types such as baseloads and peakers via an Offset provision. This
version is recommended by the Environmental Working Group.
CONCLUSION
The proposed Amendments to the General Plan, Zoning Ordinance, and new EGF Council
Policy provide clear guidance and regulatory requirements for the siting of EGFs within the City,
and are consistent with the adopted General Plan.
Both Working Groups are in agreement with the proposed General Plan and Zoning Ordinance
amendments.
As discussed above, Council EGF Policy Versions 1 & 2 contained the "Fee and Offset" and
"Offset" only component, respectively, which were problematic for the Industry Working Group.
Version 3 removes the "Fee and Offset" components, which is preferable by the Industry Group,
and the version that the Industry Group recommends for Council approval. Version 4 retains the
provision for "Offsets" for Baseload and Peaker type EGFs only and reflects the preference of
the Environmental Working Group, and the version that the Environmental Working Group
recommends for Council approval.
Versions 3 and 4 are attached for Council consideration and selection for approval of one or the
other; and staff recommends Version 4.
DECISION-MAKER CONFLICTS
Staff has reviewed the decision contemp]ated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations Section
18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff
been informed by any City Councilmember, of any other fact that may constitute a basis for a
decision maker conflict of interest in this matter.
CURRENT YEAR FISCAL IMPACT
The proposed Amendments to the General Plan, CVMC, and new EGF Council Policy will not
create a fiscal impact for the City. All future EGFs are subject to the City's review and
permitting requirements, including applicable Development Services Department fees and
deposits.
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As shown on the table on page 11 of this report, if Council considered Council Policy Version 1
(not recommended), which proposed an Offset and Fee option, a Fee nexus study would be
required. The Council would need to authorize the fee study and budget prior to any inclusion in
the Policy. Additionally, the Fee program would incur costs for staff to administer the program.
Versions 2, 3 and 4 would not have a fiscal impact to the City as they remove the "fee" option,
and require applicants to provide the Offset activities, or in the case of Version 3, remove the
Offset requirement entirely.
ONGOING FISCAL IMPACT
The proposed Amendments to the General Plan, CVMC, and new EGF Council Policy will not
create an ongoing fiscal impact for the City. All future EGFs are subject to the City's review and
permitting requirements, including applicable Development Services Department fees and
deposits.
If Version 1 (not recommended) was considered by Council, which proposed an Offset and Fee
option, a Fee nexus study would be required. The Council would need to authorize the fee study
and budget prior to any inclusion in the Policy. Additionally, the Fee program would incur costs
for staff to administer the program.
If the CEC is involved in permitting (facilities of SOMW or greater), which requires staff
coordination and review, the City may not be compensated for staff time.
Attachments
1. Council Resolution -Amendments to General Plan
2. Council Ordinance for proposed amendments to CMVC Title 19
3. Council Resolution for new Council Policy and associated Tables without Offset provision- Electrical
Generating Facilities
4. Council Resolution for new Council Policy and associated Tables with Offset provision -Electrical
Generating Facilities
5. Staff Responses to January 3Q, 2013 Council-led Environmental Workshop Inputs-
6. Offset provision issues details: Version 2-4
Prepared by: Stan Donn, Senior Planner, Development Services Department and
Ed Batchelder, Advance Planning Manager, Development Services Department
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RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING AMENDMENTS TO THE LAND
USE AND TRANSPORTATION, AND ENVIRONMENTAL
ELEMENTS OF THE CHULA VISTA GENERAL PLAN,
RELATED TO THE SITING OF ELECTRICAL
GENERATING FACILITIES WITHIN THE CITY OF CHULA
VISTA
WHEREAS, the City of Chula Vista promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources, including
non-polluting and renewable energy as envisioned in the Chula Vista General Plan (GP), Land
Use and Transportation Element Chapter 4, Theme 5 "Healthy and Sustainable Environment";
and
WHEREAS, it is an objective of the GP Environmental Element - E 6 to "Improve local
air quality by minimizing the production and emission of air pollutants and toxic air
contaminants and limit the exposure of people to such pollutants."; and
WHEREAS, policies E 6.3, 6.4, 6.5, 6.6, 6.12, and 6.15 stipulate the importance of
improving air quality, and minimizing dependency on fossil fuels and exposure of sensitive uses
to toxic air contaminants from (generally fossil-fuel based) facilities such as Electrical
Generating Facilities (EGFs); and
WHEREAS, in February 2010, the City Council directed staff to prepare amendments to
the GP and Zoning Ordinance related to the establishing of requirements and regulations for the
siting of EGFs; and
WHEREAS, the Development Services Department initiated a review of the GP and
Zoning Ordinance to determine what sections needed to be amended; and
WHEREAS, The Development Services Department convened a team consisting of
interested members of the original 2005 Chula Vista General Plan Update (GPU) Environment,
Open Space, and Sustainable Development Subcommittee (the "EGF Working Group"); and
WHEREAS, the Development Services Department and the EGF Working Group have
worked together to develop regulations and siting criteria for EGFs within Chula Vista including
drafting a new EGF Council Policy to address the siting of EGFs (the "Project"); and
WHEREAS, the Development Services Department also convened a team consisting
members of the industry and business community ("Industry Working Group") to solicit input on
the draft regulations and EGF Council Policy to gain a balanced perspective; and
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Attachment 1
Page 1 of 4
6-13
WHEREAS, the Development Services Department convened a joint meeting with the
Industry Working Group and EGF Working Group ("Joint Working Group") to review the draft
regulations and EGF Council Policy; and
WHEREAS, the Project represents the collective efforts of the Development Services
Department and the EGF Joint Working Group, and provides necessary criteria and regulations
for the siting of EGFs within the City of Chula Vista; and
WHEREAS, the Project reflects sound planning principles and is internally consistent
with the General Plan; and
WHEREAS, the General Plan amendment encompasses amendments to Sections 4.95
and 4.96 of the Land Use and Transportation Element updating descriptions of the Public and
Quasi Public and Limited Industrial land use designations; amendments to Environmental
Element Policies 6.4 and 23.3 that would limit the location of certain EGFs to a minimum of
1,000 feet from sensitive receptors; and new Policy 7.8 to ensure all construction complies with
applicable Chula Vista energy efficiency measures and green building standards that are in
effect; and
WHEREAS, the Development Services Director has reviewed the proposed Amendments
for compliance with CEQA and has determined that there is no possibility that the activity,
adopting a General Plan amendment and Zoning Code amendment may have a significant effect
on the environment because the new General Plan policy and Zoning Code provisions will result
in more stringent requirements for locating an Energy Generating Facility than currently exist.
Therefore, pursuant to Section 15O61(b)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary. Although environmental review
is not necessary for the General Plan Amendment and Zoning Code change, environmental
review will be required for any Energy Generating Facilities that are proposed as part of the
conditional use permit evaluation for that specific project; and
WHEREAS, the Resource Conservation Commission (RCC), upon review of the Project
recommended that the City Council adopt the Project; and
WHEREAS, the City Council Energy Subcommittee, upon review of the Project
recommended that the City Council adopt the Project; and
WHEREAS, the Planning Commission voted to recommend that the City Council
approve a resolution amending portions the Land Use and Transportation and Environmental
Elements of the Chula Vista General Plan which includes updated descriptions of certain land
use designations and certain Policies as it relates to the siting of EGFs and reduction of
Greenhouse Gas within the City of Chula Vista.
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Attachment 1
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6-14
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Section I. Environmental Determination
There is no possibility the proposed Amendments activity, adopting a General Plan
amendment and Zoning Code amendment may have a significant effect on the environment
because the new General Plan policy and Zoning Code provisions will result in more stringent
requirements for locating an Energy Generating Facility than currently exist. Therefore, pursuant
to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no environmental review is necessary. Although environmental review is not necessary for the
General Plan Amendment and Zoning Code change, environmental review will be required for
any Energy Generating Facilities that are proposed as part of the conditional use permit
evaluation for that specific project. The City Council further finds that no further environmental
review is required.
Section II. Consistency with General Plan
That the approval of the proposed amendments to the Chula Vista General Plan are
consistent with and follow the goals, objectives, and policies of the Chula Vista General Plan
because the proposed amendments, in accordance with the GPU, provide clear and
comprehensive regulations for the siting of EGFs within the City, which will help to improve air
quality, and minimize dependency on fossil fuels and exposure of sensitive uses to toxic air
contaminants from (generally fossil-fuel based) EGF facilities.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does
hereby approve and adopt the amendments to sections 4.9.5 and 4.9.6 of the Land Use and
Transportation Element with updated descriptions of the Public and Quasi Public and Limited
Industrial land use designations; and amendments to Environmental Element Policy 6.4 and 23.3
regarding the siting of EGFs and reduction of Greenhouse Gas within the City of Chula Vista, as
follows:
Section III.
Land Use and Transportation Element
1. Amend section 4.9.5 to clarify that certain public utility uses can and do occur on Limited
Industrial designated lands.
4.9.5 Industrial Category
Three industrial land use designations provide opportunities in the City to conduct research and
development: manufacturing; warehousing; and limited automotive-related endeavors.
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Attachment 1
Page 3 of 4
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Limited Industrial
The Limited Industrial designation is irtended for light manufacturing; warehousing; certain
nublic utilities: auto repair; auto salvage yards; and flexible-use projects that combine these uses
with associated office space. The FAR for this category ranges from 0.25 to 0.5.
2. Amend section 4.9.6 to clarify that certain public utility uses can and do occur on Public
and Quasi-Public designated lands.
4.9.6 Public and Quasi-Public, Pazks, and Open Space
The following land use designations are provided to identify various lands used for public,
quasipublic, recreation/parks, and open space uses.
Public and Quasi-Public
The Public and Quasi-Public designation is intended for schools; churches; hospitals; civic
centers; fire stations; libraries; landfills; nublic utilities and other similar public uses. When PQ
or other Public Facilities symbol is used alone, or within a floating bubble on the Land Use
Diagram, it indicates the possible location of a future facility.
Section IV.
Environmental Element
1. Amend Policy 6.4 to clarify that a minimum 1,000 feet separation is needed between
baseload or peaking type EGF and sensitive receptors (e.g. residential areas, schools,
hospitals, child care centers, etc. that affect the elderly and children, who are more
susceptible to particulate emissions).
E 6.4 Do not site new or re-powered fossil-fueled baseload or neakin¢-type Electrical
Generatine Facilities within 1,000 feet of sensitive recentors, or site sensitive recentors
within 1,000 feet of such facilities.
2. Amend Policy 23.3 to clarify not siting industrial facilities and uses that pose significant
hazards to human health in proximity to schools or residential uses.
E 23.3 Do not site industrial facilities and uses that pose a significant hazard to human health
and safety in proximity to schools or residential dwellings.
Presented by:
Approved as to form
Gary Halbert, PE, AICP ~Gl~n R
Director of Development Services/ City Attorney
Assistant City Manager
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Attachment 1
Page 4 of 4
6-16
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CERTAIN SECTIONS OF TITLE 19 (ZONING ORDINANCE)
OF THE CHULA VISTA MUNICIPAL CODE ESTABLISHING
REQUIREMENTS AND REGULATIONS FOR THE SITING OF
ELECTRICAL GENERATING FACILITIES WITHIN THE
CITY OF CHULA VISTA
WHEREAS, the City of Chula Vista promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources, including
non-polluting and renewable energy as envisioned in the Chula Vista General Plan (GP), Land
Use and Transportation Element Chapter 4, Theme 5 "Healthy and Sustainable Environment";
and
WHEREAS, it is an objective of the GP Environmental Element - E 6 to "Improve local
air quality by minimizing the production and emission of air pollutants and toxic air
contaminants, and limit the exposure of people to such pollutants."; and
WHEREAS, policies E 6.3, 6.4, 6.5, 6.6, 6.12, and 6.15 stipulate the importance of
improving air quality, and minimizing dependency on fossil fuels and exposure of sensitive uses
to toxic air contaminants from (generally fossil-fuel based) facilities such as Electrical
Generating Facilities (EGFs); and
WHEREAS, in February 2010, the City Council directed staff to prepare amendments to
the GP and Zoning Ordinance related to the establishing of requirements and regulations for the
siting of EGFs; and
WHEREAS, the Development Services Department initiated a review of the City's GP
and Zoning Ordinance to determine what sections needed to be amended; and
WHEREAS, the .Development Services Department convened a team consisting of
interested members of the original 2005 Chula Vista General Plan Update (GPU) Environment,
Open Space, and Sustainable Development Subcommittee (the "EGF Working Group"); and
WHEREAS, the Development Services Department and the EGF Working Group have
worked together to develop regulations and siting criteria for EGFs within Chula Vista including
drafting a new EGF Council Policy to address the siting of EGFs (the "Project"); and
WHEREAS, the Development Services Department also convened a team consisting
members of the industry and business community ("Industry Working Group'') to solicit input on
the draft regulations and EGF Council Policy to gain a balanced perspective; and
WHEREAS, the Development Services Department convened a joint meeting with the
Industry Working Group and EGF Working Group ("Joint Working Group") to review the draft
regulations and EGF Council Policy; and
Attachment 2
Page 1 of 13
6-17
Ordinance
Page 2
WHEREAS, the Project represents the collective efforts of the Development Services
Department and the EGF Joint Working Group, and provides necessary criteria and regulations
for the siting of EGFs within the City of Chula Vista; and
WHEREAS, the proposed amendments to certain sections of Chula Vista Municipal
Code Title 19 provide cleaz and comprehensive guidance and regulations for the siting of EGFs
within the City of Chula Vista, and implements the Vision, Goals, Objectives and Policies of the
Chula Vista Land Use and Transportation and Environmental Elements; and
WHEREAS, the Development Services Director has reviewed the proposed Amendments
for compliance with the California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity, adopting a General Plan amendment and Zoning Code
amendment may have a significant effect on the environment because the new General Plan
policy and Zoning Code provisions will result in more stringent requirements for locating an
Energy Generating Facility than currently exist. Therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review
is required. Although environmental review is not Required for the General Plan Amendment
and Zoning Code change, environmental review will be required for any Energy Generating
Facilities that aze proposed as part of the conditional use permit evaluation for that specific
project; and
WHEREAS, the Resource Conservation Commission (RCC), upon review of the Project
recommended that the City Council adopt the Project; and
WHEREAS, the City Council Energy Subcommittee, upon review of the Project
recommended that the City Council adopt the Project; and
WHEREAS, the Planning Commission voted to recommend that the City Council
approve an ordinance amending various sections of Chula Vista Municipal Code Title 19
(Zoning Ordinance) for the purpose of establishing regulations and requirements for the siting of
EGFs within the City of Chula Vista.
NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Section I. Environmental Determination
There is no possibility the proposed Amendments activity, adopting a General Plan
amendment and Zoning Code amendment may have a significant effect on the environment
because the new General Plan policy and Zoning Code provisions will result in more stringent
requirements for locating an Energy Generating Facility than currently exist. Therefore, pursuant
to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no environmental review is necessary. Although environmental review is not necessary for the
General Plan Amendment and Zoning Code change, environmental review will be required for
any Energy Generating Facilities that are proposed as part of the conditional use permit
evaluation for that specific project. The City Council further finds that no further environmental
review is required.
6-18
Ordinance
Page 3
Section II. Consistency with General Plan
That the approval of the proposed amendments to Chula Vista Municipal Code Title 19
are consistent with and follow the goals, objectives, and policies of the Chula Vista General Plan
because the proposed amendments, in accordance with the GPU, provide clear and
comprehensive regulations for the siting of EGFs within the City of Chula Vista, which will help
to improve air quality, and minimize dependency on fossil fuels and exposure of sensitive uses to
toxic air contaminants from (generally fossil-fuel based) EGF facilities.
Section III.
BE IT FURTHER ORDAINED, that the City Council o£the City of Chula Vista does
hereby approve an ordinance of the City of Chula Vista amending Chula Vista Municipal Code:
Title 19 (Zoning Ordinance) Chapter 19.04 (Definitions), 19.22 - 19.28 (Residential Zones),
19.3p -19.40 (Commercial Zones), 19.44 - 19.46 (Industrial Zones), 19.47 (Public/Quasi Public
Zone), 19.48 (Planned Community Zone), and 19.58 (Uses) for the regulating and siting of EGFs
as follows:
Chapter 19.04
Amend Chula Vista Municipal Code Chapter 19.04 Definitions section to add section
19.04.089-Electrical Generating Facilities by sub-type and add descriptions of each of the
subtypes in 19.04:089.
19.04.089 Electrical generating facilities:
A. Base load facility
B. Peaki~ facility
C. Private facility
D. Back up & Emergency facility
E. Residential-level facility
19.04.089 Electrical generating facilities.
"Electrical generating facilities" is a collective term of reference for each of the following
individually defined sub-types:
A. Base Load Facility
transmit electricity over transmission or distribution power lines using the public right of
way and investor-owned utility transmission corridors right of way. Base Load Facilities
serve multiple meters beyond the immediate conti¢uous parcels on which the facility is
located.
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Ordinance
Page 4
B. Peaking Facility
C. Private Facility
A "Private Facility" means an electrical generating facility that revardless of fuel or
enervv source, is operated by a private property owner or lessee, and whose function is the
provision of electricity to the permitted use(s) on a sinyle or ad~oining_pazcel(s) on which
the facility is located or serves. The associated power load shall generally be up to 25
nleya watts, or as determined by applicable State or other codes. A Private Facility can
include District Heat & Power, and Combined Heat & Power types as defined in the
City's Electrical Generating Facilities (EGF) Polic}~.
D. Backup and Emergency Facility
A "Backup and Emergency Facility" means an electrical venerating facility that is
operated only during the interruption of electrical service from the distribution stem or
transmission grid due to circumstances beyond the operator's control.
E. Residential-Level Facility
A "Residential-Level Facility" means an electrical generating facility whose function is
the provision of electricity to serve an individual private residential dwelling unit(s~
2. Amend Chula Vista Municipal Code 19.04 Definitions section 19.04.190 to add "Public"
to "Quasi- public" and expand the description of 19.04.190 Public/Quasi Public uses
19.04.190 as follows:
19.04.190 Public/Quasi-public.
"Public/Quasi-public" means used as public or seemingly public. For the purposes of this title,
electrical substations, electrical venerating facilities as defined in CVMC 19.04.089(A) (B) (C)
and (D) only, water or wastewater treatment and storave facilities education civic government
offices, or other municipal, public ayencv or utility facilities, and others as listed in CVMC 19 47
shall be considered public/quasi-public uses, of a public service type.
Chapter 19.22 R-E -RESIDENTIAL ESTATES ZONE
Amend section 19.22.030 to add Residential-Level "Electrical Generating Facilities" as
follows:
6-20
A "Peaking Facility" means an electrical generatiny facility that is used to produce extra
electricity durinv peak load times and is permitted to operate not more than 4 000 hours
per veaz. This sub-type includes venerating facilities that transmit electricity over
Ordinance
Page 5
19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached dwelling on each lot or parcel;
B. Crop and tree farming.
19.22.030 Accessory uses and buildings.
I. Residential-level Electrical Generating Facilities, as defined in CVMC 19.04.089(E). The
siting and establishment of a Residential-Level Facility shall be subject to and governed
by Chula Vista Municipal Code Chapter 15.
Chapter 19.24 R-1-SINGLE-FAMILY RESIDENCE ZONE
Amend section 19.24.030 to add Residential-Level "Electrical Generating Facilities" as
follows:
19.24.020 Permitted uses.
Principal permitted uses in the R-1 zone include:
A. One single-family dwelling on any lot;
B. Factory-built home/mobilehome on any lot, subject to the provisions of CVMC 19.58.145 and
19.58.330;
C. All portions of the dwelling, factory-built home or mobilehome used for living or sleeping
purposes shall be attached by common walls;
D. Large family day care homes, subject to the provisions of CVMC 19.58.147.
19.24.030 Accessory uses and buildings.
I. Residential-level Electrical Generating Facilities, as defined in CVMC 19.04.089(E). The
siting and establishment of a Residential-Level Facility shall be subiect to and aovemed
by Chula Vista Municipal Code Chapter 15.
Chapter 19.26 -2 - ONE- AND TWO-FAMILY RESIDENCE ZONE
Amend section 19.26.030 to add Residential-Level "Electrical Generating Facilities" as
follows:
19.26.020 Permitted uses.
The following are the principal permitted uses in an R-2 zone:
A. One single-family dwelling on any lot;
B. One duplex ortwo-family dwelling on any lot;
C. Attached single-family dwelling units;
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Ordinance
Page 6
D. Dwelling groups, subject to the provisions of CVMC 19.58.130;
E. Other accessory uses and accessory buildings customarily appurtenant to a permitted use,
subject to the requirements of CVMC 19.58.020;
F. Agricultural uses as provided in CVMC 19.16.030.
19.26.030 Accessory uses and buildings.
D. Residential-level Electrical Generating Facilities, as defined in CVMC 19 04 089(E) The
sitin¢ and establishment of a Residential-Level Facility shall be subiect to and governed by
Chula Vista Municipal Code Chapter 15.
Chapter 19.28 R-3 -APARTMENT RESIDENTIAL ZONE
Amend section 19.28.030 to add "Electrical Generating Facilities" as follows:
19.22.030 Accessory uses and buildings.
G. Private and Back Up and Emergency Electrical Generatine Facilities as defined in CVMC
19.04.089(Cl and (D), and subject to the following standazds•
1. Private: The standards prescribed in CVMC 19.58.142(E).
2. Back Up and Emergency: The standards prescribed in CVMC 19.58.142 (F).
Chapter 19.30 C-O -ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE
Amend section 19.30.030 to add "Electrical Generation Facilities" as follows:
19.30.030 Accessory uses and buildings.
D. Private and Back Un and Emergency Electrical Generating Facilities as defined in CVMC
19.04.089(Cl and (D ,and subject to the following standards:
1. Private: The standazds nrescribed in CVMC 19.58.142(E)
2. Back Up and Emergency: The standards prescribed in CVMC 19.58.142 (F)
Chapter 19.34 C-N -NEIGHBORHOOD COMMERCIAL ZONE
Amend section 19.34.022 to add "Electrical Generation Facilities" as follows:
19.34.022 Accessory uses and buildings.
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Ordinance
Page 7
M. Private and Back Up and Emergencv Electrical Generating Facilities, as defined in CVMC
19 04 089(C) and (D) and subject to the followine standards:
1. Private: The standards prescribed in CVMC 19.58.142(E)
2. Back Up and Emergencv: The standards prescribed in CVMC 19.58.142 (F)
Chapter 19.36 C-C -CENTRAL COMMERCIAL ZONE
Amend section 19.36.022 to add "Electrical Generation Facilities" as follows:
19.36.022 Accessory uses and buildings.
A. Private and Back U~and Emergencv Electrical Generating Facilities as defined in CVMC
19.04.089(C) and (D) and subiect to the followine standards:
1. Private: The standard~rescribed in CVMC 19.58.142(E)
2. Back Up and Emergencv The standards prescribed in CVMC 19.58.142 (F)
Chapter 19.38 C-V -VISITOR COMMERCIAL ZONE
Amend section 19.38.022 to add "Electrical Generation Facilities" as follows:
19.38.022 Accessory uses and buildings.
A. Private and Back Up and Emergencv Electrical Generating Facilities, as defined in CVMC
19 04 089(C) and (D) and subiect to the following standards:
1. Private: The standards prescribed in CVMC 19.58.142(E)
2. Back Up and Emergencv: The standards prescribed in CVMC 19.58.142 (F)
Chapter 19.40 C-T -THOROUGHFARE COMMERCIAL ZONE
Amend section 19.40.022 to add "Electrical Generation Facilities" as follows:
19.40.022 Accessory uses and buildings.
A. Private andEmergency Electrical Generating Facilities, as defined in CVMC
19 04 089(C) and (D) and subject to the following standards:
1. Private: The standards prescribed in CVMC 19.58142(E)
2. Back Up and Emergencv: The standards prescribed in CVMC 19.58.142 (F)
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Chapter 19.44 I-L -LIMITED INDUSTRIAL ZONE
Amend section 19.44.030 and 040 to add "Electrical Generating Facilities" as follows:
19.44.030 Accessory uses and buildings.
F. Private and Back Up and Emergency Electrical Generatine Facilities as defined in CVMC
19.04.089fC1 and (D), and subject to the followine standards:
1. Private: The standards prescribed in CVMC 19.58.142(El
2. Back Up and Emereencv: The standards prescribed in CVMC 19 58.142 (Fl
19.44.040 Conditional uses.
The following uses shall be permitted in the I-L zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
O. Unclassified uses, as set forth in Chapter 19.54 CVMC;
P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. Conditional use
permit applications for the establishment of hazardous waste facilities shall be considered by the
City Council subsequent to its receipt of recommendations thereon from the Planning
Commission, or Chula Vista Redevelopment Corporation if located within a designated
redevelopment project azea, in accordance with CVMC 19.14.070(B).
Q. Baseload and Peaking Electrical Generatine Facilities, as defined in CVMC 19.04.089(Al
anand (Bl onl~and subiect to the standards set forth in CVMC 19.58.142.
Chapter 19.46 I -GENERAL INDUSTRIAL ZONE
Amend section 19.46.020 to delete "Electrical generating plants" as follows:
19.46.020 Permitted uses.
Permitted uses in an I zone are as follows:
C. Brick or pottery manufacturing and stone or monument works;
D. Trucking yards, terminals, and distributing operations;
E ~^«~~°°' ~°~°-°'~~~ ~'°~'° °~a Liquefied natural gas plants;
F. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);*
G. Any other use which is determined by the Commission to be of the same general character as
the above uses.
2. Amend section 19.046.030 to add "Electrical Generating Facilities" as follows:
19.46.030 Accessory uses and buildings.
6-24
Ordinance
Page 9
F. Private and Back Up and Emeraencv Electrical Generating Facilities, as defined in CVMC
19.04.089(C) and (D), and subiect to the followin~standazds:
I. Private: The standazds prescribed in CVMC 19.58.142(E)
2. Back Up and Emeraencv: The standards prescribed in CVMC 19.58.142 (F)
3. Amend section 19.46.040 to add "Electrical Generating Facilities" as follows:
19.46.040 Conditional uses.
The following uses shall be permitted in the I zone; provided, a conditional use permit is issued
by the Zoning Administrator in accordance with the provisions of CVMC 19.14.030(A) or
19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090:
O. Unclassified uses, as set forth in Chapter 19.54 CVMC;
P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. Conditional use
permit applications for the establishment of hazardous waste facilities shall be considered by the
City Council subsequent to its receipt of recommendations thereon from the Planning
Commission, or Chula Vista Redevelopment Corporation if located within a designated
redevelopment project area, in accordance with CVMC 19.14.070(B).
Q. Baseload and Peaking Electrical Generatin~Facilities, as defined in CVMC 19.04.089(A) and
(~ only, and subiect to the standards set forth in CVMC 19.58.142.
Chapter 19.47 P-Q -PUBLIC/QUASI-PUBLIC ZONE
Amend section 19.47.010 to expand the description of the purpose of the Public/Quasi-
Public zone as follows:
19.47.010 Purpose.
The purpose of the public/quasi-public zone is to provide a zone with uses in appropriate
locations which are maintained by public or publicly controlled agencies such as municipal
and/or county agencies, civic, government offices, education, school districts, utility facilities,
and utility companies (e.g., water, gas, electricity, etc.), including, but not limited to, uses such
as the county landfill, electrical generation and transmission, telecommunications, water and
wastewater treatment and storage facilities, and various water reservoir sites. The regulations of
this district also provide for the appropriate closure of existing landfill sites.
2. Amend section 19.47.040 to add "Electrical Generating Facilities as follows:
19.47.040 Accessory uses and buildings.
C. Private and Back Uo and Emergency Electrical Generating Facilities, as defined in CVMC
19.04.089(C) and (D), and subiect to the following standards:
1. Private: The standards prescribed in CVMC 19.58.142(E)
2. Back Up and Emergency: The standards prescribed in CVMC 19.58.142 (F)
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Ordinance
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Amend section 19.47.040 to add "Electrical Generating Facilities" as follows:
19.47.040 Conditional uses.
The following uses shall be permitted in the P-Q zone; provided, a conditional use permit is
issued by the Zoning Administrator in accordance with the provisions of CVMC 19.14.030(A) or
19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090:
J. Unclassified uses, as provided in Chapter 19.54 CVMC;
K. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. Conditional use
permit applications for the establishment of hazardous waste facilities shall be considered by the
City Council subsequent to its receipt of recommendations thereon from the Planning
Commission, or Chula Vista Redevelopment Corporation if located within a designated
redevelopment project area, in accordance with CVMC 19.14.070(B); and
L. Electrical Generatinv Facilities, as defined in CVMC 19.04.089(A) (Bl only and subject to
the standards set forth in CVMC 19.58.142.
4. Amend section 19.47.060 to add siting standazds for "All electrical generating facilities"
as follows:
19.47.060 Siting standards.
The following standards shall govern the siting of facilities in the public/quasi-public zone:
A. All solid waste management operations within the P-Q zone shall comply with all applicable
federal, state, and local regulations, including regulations of the State Water Resources Control
Board, the California Waste Management Board, and the Department of Health Services.
B. The distance from the site to the nearest residential structure shall be in compliance with all of
the state minimum standazds for solid waste management. The distance of such sites to
residences shall be sufficient to permit adequate control of noise levels, odor nuisances, traffic
congestion, litter nuisances and vectors.
C. All electrical venerating facilities within the P-O zone shall comply with the reauirements of
CVMC 19.58.142, and all applicable federal, regional, and local regulations.
Chapter 19.48 P-C -PLANNED COMMUNITY ZONE
Amend to add section 19.48.151 "Electrical Generating Facilities" as follows:
19.48.151 Electrical Generating Facilities
Electrical g_eneratinv facilities within the P-C zone shall comply with the requirements of CVMC
19.58.142 dependent upon the type of EGF and the type of land use district/zone in which it is
located, and all applicable federal, regional, and local regulations. Residential-Level Electrical
6-26
Commercial, Public/Quasi-Public, Limited Industrial, Industrial, and Mixed-Use zones as
Ordinance
Page 11
defined in CVMC 19.04.089(C) and (D) only. Baseload and Peaking Electrical Generating
Facilities are permitted within Public/Quasi-Public, Limited Industrial and Industrial zones with
a conditional use permit; as defined in CVMC 19.04.089(A) and (B) only
Chapter 19.58 USES
Amend to add section 19.58.142 "Electrical generating facilities" and provide siting
criteria and standards for each sub-type of EGF as follows:
19.58.142 Electrical generatine facilities.
A. The purpose of this section is to provide standards for the siting and establishment of the
various sub-types of electrical generating facilities in any zones in which they are permitted
subiect to issuance of a conditional use permit or as an accessory use, except for Residential-
Level Facilities Any of the electrical generatirg facility sub-types to be permitted must be
found to be in compliance with the following standazds and the City's "Electrical Generating
Facilities Policy" and associated tables, as applicable to the particular sub-type, as well as any
other local regional, state and federal standazds that are otherwise applicable to the facility.
A.
Facility: Peaking Facility: Private Facility: Back Up & Emergency Facility; and
Residential-Level Facility.
B. The siting and establishment of a Base Load Facility shall be subject to the following
standazds:
The facility shall be limited to Natural Gas orNon-Fossil Fueled. Nuclear plants
are prohibited as defined by the City's "Electrical Generating Facilities Policy."
2. The facility shall be a minimum of 1,000 feet from only the following specifically
identified sensitive receptors: residential communities, schools, hospitals, nursing
homes or elder care facilities, residential care facilities, and child care centers as
defined by the City's "Electrical Generating_Facilities Policy." Measurement of the
1 000 foot minimum shall be made from the nearest property line of the parcel on
which the nearest sensitive receptor is located, to the location of the emission
source of the proposed EGF.
3. The facility shall have an executed contract with the local utility or City for power
as defined by the City's "Electrical Generating Facilities Polio
4. The property shall be surrounded by a solid fence or walls not less than six feet in
height consistent with the provisions of CVMC 19.58.150 and 19.58.360.
5. The facility shall utilize the best available control technology and state of-the-art
emissions technology as defined by the City's "Electrical Generating Facilities
Policy>,
6. The applicant must have obtained required certification from the local state or
federal regulatory a eg neies•
7. All buildings and equipment shall be required to observe the same site development
standards and requirements applicable to the specific zone in which the facility is
located unless otherwise exceptedpursuant to CVMC 19.16.040.
6-27
Ordinance
Page 12
8. In combination with landscaping, bermina and/or other treatments, the facility shall
be designed to sufficiently screen the use and reduce to the maximum extent
practicable visual effects to nearby properties.
9. The applicant shall demonstrate that any noise, dust, vibrations, and odors
10. The sound pressure levels generated by all equipment and uses shall not exceed the
applicable decibel levels pursuant to CVMC Chapter 19.68.
11. The facility shall conform to the provisions for fuel types, offsets, performance
criteria, and cumulative considerations as stipulated in the City's "Electrical
Generatine Facilities Polio
12. All development shall be subject to site plan and architectural approval through the
Director of Development Services.
13. Conditional use permits shall be reviewed every ten years to ensure that the facility
is operating in compliance with the required standazds, and to determine whether
upgrades to the best available technology have been or need to be made pursuant to
the process as outlined in section C.6 of the Council EGF Policy. In such instances
that up rag des need to be made, the extent and timine of said upgrades shall be
determined by the City in consultation with the applicant or successor, and to the
satisfaction of the Director of Development Services or his/her designee. Said
Upgrades shall be made no later than five years from the determination of need. The
review cycle shall begin from the date that the facility is commissioned for
operation. The applicant or successor shall fund the conditional use permit and/or
standazds review in accordance with the City's latest Fee Schedule. .
C. The siting and establishment of a Peaking Facility shall be subiect to the following
standards:
1. The standards prescribed in CVMC 19.58.142(C) 1-.13 above.
D. The siting and establishment of a Private Facility shall be subject to the following
standards:
1. The standards prescribed in CVMC 19.58.142(C) 5-12 above.
2. The periodic review for standards compliance and potential BACT upgrades under
CVMC 19.58.142{C)13.
3. Minimum distance from sensitive receptors shall be determined pursuazit to the City's
"Electrical Generatin¢ Facilities Policy."
4. The facility shall be located within a fully enclosed structure, except for wind, solar
or other renewables where enclosure is impractical.
E. The siting and establishment of a permanent Back Up & Emergence Facility of 50
horsepower or greater shall be subiect to the following standazds:
1. The standards prescribed in CVMC 19.58.142(E) 1-2 above.
G. The siting and establishment of a Residential-Level Facility shall be subiect to and
governed by Chula Vista Municipal Code Chester 15.
6-28
Ordinance
Page 13
Section IV. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declazes that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By:
Gary Halbert, PE, AICP
Assistant City Manager /
Director of Development Services
Approved as to form by:
~ Glen R. Go
~Z City Attorney
J:\Attorney\FINAL RESOS\2013\OS 28 13\Ord-ReTit1e19Amends-6 4 13-FINAL.doc
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6-29
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING A COUNCIL POLICY FOR THE
SITING OF ELECTRICAL GENERATING FACILITIES
WITHIN THE CITY OF CHULA VISTA WITHOUT OFFSET .
PROVISIONS
WHEREAS, the City of Chula Vista promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources, including
non-polluting and renewable energy as envisioned in the Chula Vista General Plan (GP), Land
Use and Transportation Element Chapter 4, Theme 5 "Healthy and Sustainable Environment";
and
WHEREAS, it is an objective of the GP Environmental Element - E 6 to "Improve local
air quality by minimizing the production and emission of air pollutants and toxic air
contaminants and limit the exposure of people to such pollutants."; and
WHEREAS, policies E 6.3, 6.4, 6.5, 6.6, 6.12, and 6.15 stipulate the importance of
improving air quality, and minimizing dependency on fossil fuels and exposure of sensitive uses
to toxic air contaminants from (generally fossil-fuel based) facilities such as Electrical
Generating Facilities (EGFs); and
WHEREAS, in February 2010, the City Council directed staff to prepare amendments to
the GP and Zoning Ordinance related to the establishing of requirements and regulations for the
siting of EGFs; and
WHEREAS, the Development Services Department initiated a review of the City's GP
and Zoning Ordinance to determine what sections needed to be amended; and
WHEREAS, the Development Services Department convened a team consisting of
interested members of the original 2005 Chula Vista General Plan Update (GPU) Environment,
Open Space, and Sustainable Development Subcommittee (the "EGF Working Group"); and
WHEREAS, the Development Services Department and the EGF Working Group have
worked together to develop regulations and siting criteria for EGFs within Chula Vista including
drafting a new EGF Council Policy to address the siting of EGFs (the "Project"); and
WHEREAS, the Development Services Departrnent also convened a team consisting of
members of the industry and business community (the. "Industry Working Group") to solicit
input on the draft regulations and EGF Council Policy to gain a balanced perspective; and
WHEREAS, the Development Services Department convened a joint meeting with the
Industry Working Group and EGF Working Group (the "Joint Working Group") to review the
draft regulations and EGF Council Policy; and
Attachment 3
Page 1 of 3
6-30
Resolution 2013-
Page 2
WHEREAS, the Project represents the collective efforts of the Development Services
Department and the EGF Joint Working Group, and provides necessary criteria and regulations
for the siting of EGFs within the City of Chula Vista; and
WHEREAS, the Development Services Director has reviewed the proposed Amendments
for compliance with the California Environmental quality Act (CEQA) and has determined that
there is no possibility that the activity, adopting a General Plan amendment and Zoning Code
amendment may have a significant effect on the environment because the new General Plan
policy and Zoning Code provisions will result in more stringent requirements for locating an
Energy Generating Facility than currently exist. Therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review
is required. Although environmental review is not required for the General Plan Amendment and
Zoning Code change, environmental review will be required for any Energy Generating
Facilities that are proposed as part of the conditional use permit evaluation and/or discretionary
review for that specific project; and
WHEREAS, the Resource Conservation Commission (RCC), upon review of the Project
recommended that the City Council adopt the Project; and
WHEREAS, the Planning Commission voted to recommend that the City Council
approve a resolution adopting a new Council Policy which provides guidance and specifications
for the siting of EGFs and the reduction of associated Greenhouse Gas in accordance with offset
requirements within the City of Chula Vista.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Section I. Environmental Determination
There is no possibility the proposed Amendments activity, adopting a General Plan
amendment and Zoning Code amendment may have a significant effect on the environment
because the new General Plan policy and Zoning Code provisions will result in more stringent
requirements for locating an Energy Generating Facility than currently exist. Therefore, pursuant
to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no environmental review is necessary. Although environmental review is not necessary for the
General Plan Amendment and Zoning Code change, environmental review will be required for
any Energy Generating Facilities that are proposed as part of the conditional use permit
evaluation for that specific project. The City Council further finds that no further environmental
review is required.
Section II. Consistency with General Plan
That the approval of the proposed Council Policy -Electrical Generating Facilities is
consistent with and follows the goals, objectives, and policies of the Chula Vista General Plan
6-31
Resolution 2013-
Page 3
because the proposed Council Policy, in accordance with the GPU, provides clear and
comprehensive requirements for the siting of EGFs within the City of Chula Vista, which will
help to improve air quality, and minimize dependency on fossil fuels and exposure of sensitive
uses to toxic air contaminants from (generally fossil-fuel based) EGF facilities.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby adopt the new Council Policy -Electrical Generating Facilities (Exhibit A) as it relates to
the siting of EGFs within the City of Chula Vista.
PRESENTED BY:
APPROVED AS TO FORM BY:
Gary Halbert, P.E., AICP ~ Glen R. Go
Director of Development Services/Assistant ~ity Attorney
City Manager
Exhibit A: Council Policy and associated tables -Electrical Generating Facilities
J:\Attorney\FINAL RESOS\2013\OS 28 13\CCResoReCCPolicy(Ver3NoOffset)-6 4 13-
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6-32
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
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ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
BACKGROUND
The Legislature established the California Energy Commission (CEC) (formally called the
State Energy Resources Conservation and Development Commission) in 1975 and
mandated a comprehensive siting process for new power plants. The City understands that
the Legislature gave the CEC the statutory authority to license thermal power plants of 50
megawatts (Mw) or greater along with the transmission lines fuel supply lines, and related
facilities to serve them. The City further understands that it has principal responsibility for
reviewing applications, carrying out or approving projects for power generation facilities that
are less than 50 Megawatts.
Pursuant to Council directive, in February 2010, the Development Services and the
Conservation and Environmental Services Departments formed a working group (consisting
of members of the public who were involved with the General Plan Update, Environmental
and Open Space subcommittee) in order to develop policies and regulations for evaluating
the siting of future Electrical Generating Facilities (EGFs) within the City. Through the
coordinated efforts of the EGF working group, General Plan policies and Zoning Ordinance
provisions were updated and crafted in order to provide the Council, administrators and the
public with clear guidance and regulations for siting EGFs within the City.
PURPOSE
To protect the public health and safety while ensuring that the City does its fair share to
provide for the region's long term energy reliability through the siting of EGFs in an
expeditious, safe and environmentally appropriate manner. The EGF Policy ("Policy")
provides guidelines for making decisions regarding local EGF sitings that are consistent with
the intent and spirit of an open, transparent and inclusive public process. The Policy also
recognizes the City's commitment to transitioning to a less dependent fossil fuel burning
(carbon-based) future in an economically and environmentally sustainable manner, and its
desire that the air emissions affects on the community be reduced and mitigated locally. The
requirements of this Policy are in addition to the requirements of any federal, state, or other
permitting Agency's requirements or mitigations for future EGF sitings or the upgrade of
existing EGFs within the City.
POLICY
The General Plan, implementing codes and this Policy constitute the Local Ordinances,
Regulations and Standards (LORS) that the City will use for reviewing proposed EGFs
under 50 Mw and that the CEC, other state and federal agencies will look to when
considerin EGFs of 50 Mw or lar er within the Cit .
Exhibit A
6-33 Page 1 of 17
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generafing Facilities (EGFs) POLICY EFFECTIVE
Version 3 - No Offset NUMBER DATE PAGE
2 OF 17
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
The Policy is to be utilized in conjunction with Chapter 19 and Sections 19.04, 19.22, 19.24,
19.26, 19.28, 19.30, 19.34, 19.36, 19.38, 19.40, 19.44, 19.46, 19.47, 19.48, and 19.58 of
the Chula Vista Municipal Code (CVMC) in evaluating future EGFs siting within the City.
The Policy presents requirements and standards for siting and operation of various types
and sizes of EGFs, with regard to fuel types, distances to sensitive receptors, emissions
offsets, performance criteria, and cumulative considerations.
A. Definitions: The following definitions are terms that are associated with EGFs, and used
in the Policy and/or reflected in Chapter 19 of the CVMC as listed above.
1. Best Available Control Technologv (BACT): A pollution control standard mandated by
the United States Clean Air Act. The U.S. Environmental Protection Agency (EPA)
determines what air pollution control technology will be used to control a specific
pollutant to a specified limit. (When a BACT is determined, factors such as energy
consumption, total source emission, regional environmental impact, and economic
costs are taken info account. It is the current EPA standard for all polluting sources
that fall under the New Source Review guidelines and is determined on a case-by-
case basis).
2. Best Available Technologv (State of the art)' The concept of updating and employing
BACT improvements when they are commercially practicable.
3. Bio-fuels: Any fuel that is obtained from a renewable biological resource.
4. Black out: An uncontrolled loss of electricity, generally associated with one or more
geographic areas connected to a transformer, generator or other part of the
distribution or transmission system.
5. Brown out: A planned or controlled loss of electricity for a geographic area.
6. Combined Cvcle Technologv: A type of generation that increase the efficiency of
fossil fuel consumption by capturing and reusing waste heat from one turbine to fuel
another generation source. The waste heat may also be used to provide heating or
cooling that would offset additional energy requirements.
7. Combined Heat and Power: The sequential use of a primary energy source to
produce two forms of energy, basically heat and electricity/power at the same time
(sometimes called Co-generation).
8. Criteria Pollutants: National Ambient Air Quality Standards for six common air
pollutants: Ozone, Particulate Matter, Carbon Monoxide, Nitrogen Oxides, Sulfur
Dioxide and Lead required by the EPA m accordance with the Clean Air Act
9. District Heating and Cooling~ A s stem for supplyin heatin and/or coolin services
6-34
Exhibit A
Page 2 of 17
COUNCIL POLICY
CITY OF CIILTLA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
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ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
from a centralized location for commercial and residential purposes in more than one
parcel, usually from an efficient source such as an adjacent Combined Cycle facility.
10. Distributed Generation: The technology of using small-scale power generation
technologies located in close proximity to the load being served and typically
employed to improve power quality and reliability; reduce dependence on large scale
generation, transmission and the associated impacts.
11. Electricity Grid: An interconnected network for delivering electricity from suppliers to
consumers, which is made up of long range transmission lines, local distribution lines
and the substations that provide interconnection, voltage regulation and emergency
controls.
12. Emissions Modeling (Air Dispersion Model): A method or protocol for estimating the
volume and location of air emissions impacts from a potential source.
13. Emissions Offsets: A practice, structure, or #unded program that reduces the pollution
generated by a source by a'comparable amount.
13. Energy Conservation Fund. (Offset Fuhd):'A dedicated account held in trust by the
City'of Chula Vista Finance DirectodTreasurerfnr the purposes of funding emission
offset 'that meet the ;goals and objectives .established by the_Chula ~/ista City
Council
14. Fuel Cell: An electrochemical cell that produces electricity by oxidation of fuel such
as hydrogen and oxygen or zinc and air.
15. Geo-Thermal: Power extracted from heat stored in the earth.
16. Greenhouse Gas (GHG): A gas in the atmosphere that absorbs and emits radiation
within the thermal infrared range. GHG is a collective term for those gases which
reduce the loss of heat from the earth's atmosphere, and thus contribute to global
warming and climate change. The greenhouse gases most commonly used in
calculations of global warming potential include carbon dioxide (COZ), methane
(CH4), nitrous oxide (N20), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and
sulphur hexafluoride (SF6).
17. Local Service Territory: The geographic area that San Diego Gas & Electric (SDG&E)
provides electricity and natural gas services to residential, commercial and industrial
consumers.
18. Nuclear: The use of nuclear fusion or fission to generate electricity.
19.Offsets: A project or activity which results in the direct or indirect reduction of GHG
emissions from fossil fuel burning sources.
20. Particulate Matter: Air pollution that is a complex mixture of very tiny solid or liquid
articles com osed of chemicals, soot, and dust and which are enerall cate orized
6-35
Exhibit A
Page 3 of 17
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
Version 3 - No Offset NUMBER
DATE
PAGE
4 OF 17
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
as 10 microns or less in size.
21. Petroleum/Fossil Fuel: Gaseous, liquid, and solid hydrocarbons that are burned to
generate electricity, heat or other sources of power.
22. Renewable Resources: The generation of electricity, heat or cooling that does not
require the combustion of fossil fuels or nuclear materials such as solar, wind, small
hydro-electric facilities, geothermal and fuel cells.
23. Sensitive Receptors: are those segments of the population most susceptible to poor
air quality including children, the elderly, and those with pre-existing serious health
problems affected by air quality. Land uses associated with sensitive receptors are:
residentially designated or zoned communities with existing or planned residential
dwellings, schools, child care centers, hospitals, nursing homes, elder care and
residential care facilities that provide daily long-term care.
24.Small Hydro-Electric: The development and use of up to 10Mw of hydro-electric
power to serve one industrial plant or small community.
25.Toxic Emissions: Toxic emissions are pollutants that cause or may cause cancer of
other serious health problems, such as reproductive effects or birth defects, or
adverse environmental and ecological effects. Under Section 112 (Title 1 Part A) of
the federal Clean Air Act, the U.S. Environmental Protection Agency (EPA) has
identified 187 hazardous air pollutants which are outlined in a federally published list.
26. Uncagtured Greenhouse Gases: The percentage of greenhouse gases that are not
already offset by complementary air quality mitigation standards and requirements.
B. EGFs Siting Criteria:
Table(s) A through E in Exhibit 1 present requirements and standards for the siting and
operation of each of the five types of EGFs with regard to fuels, operational provisions,
distances to sensitive receptors, applicable zones, performance criteria, and cumulative
considerations. The Table(s) are to be utilized by staff in conjunction with Chapter 19
of the CVMC (as listed on page 1 of this Policy) in evaluating future EGF applications
for the CEC LORS process, or local Conditional Use Permits as applicable.
Users should first refer to the appropriate Table(s) for the type of EGF (A: Baseload; B:
Peaking; C: Private; D: Backup; and E: Residential-level). Within that table the user
should next find the column for which of the four fuel types are applicable to the
proposed EGF. Each fuel type column for.the respective EGF lists the siting and
operational provisions which must be met. The following is a brief summary of tt
criteria and provisions:
6-36
Exhibit A
Page 4 of 17
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
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ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
1.Operational provisions are general operational characteristics expected of the EGF
(however some operational characteristics are required);
2. Distances to sensitive receptors consider minimum separation between the
respective EGF and constituents or land uses that are more susceptible to health risk
from the air pollutants generated by the EGF;
3. Zones indicate the appropriate zoning districts in which the EGF may be located;
4. Performance Criteria primarily regard facility technology and equipment, and
emissions offsets requirements for local mitigation; and
5. Cumulative Considerations address modeling analyses and public notification
requirements.
In instances where the fuel type is not allowed or practicable for the particular EGF, the
respective fuel type column is designated as such or grayed out. The EGF Siting
Criteria Tables are presented in Attachment 2.
C. Emissions Offsets Calculation and Administration of the Energy Conservation Fund
Requirements for local mitigation depending upon type, scale and fuels:
Addressing the affects of EGF air emissions on the local community through local air
quality improvement efforts is one of the purposes of this Policy. The opei-ation of EGF's
can!produce'significant effects on our local community in the form of air. emissions and
toxics. The mitigation of these effects are .rendered through the requirements of state
and local agencies, -and as applicable'a project's CEQA document: These mitigations,
however, often occur through efforts and activities outside the local community.. This
tends to disregard the fact: that the local community lives with the effects for the life: of
thee, 'project. `Typical mitigations: such as pu>'chasing air pollution credits, do little to
benefit the local community::' Chula Vista's position is that mitigation of the various
effects of an EGF'on the local community, should first and foremost be accomplished
within, and benefit the local community. In doing so; the range of mitigations should
take into consideration a broader and more creative set of activities thaficorrespondingly
benefit residents and reduce` local pollution. For example, mitigation of air pollution
effects could be accomplished by reducing other local fossil fuel burning activities such
that those pollutant loads are`reduced: Such mitigation could include but are not limited
to, energy and water efficiency ° retrofits, solar hot water "and solar photovoltaic
installations, electric vehicle home chargers, alternative fuel vehicle rebates, and public
transportation asses.
6-37
Exhibit A
Page 5 of 17
COUNCIL POLICY
CTTY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
Version 3 - No Offset NUMBER DATE PAGE
60F17
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
Understanding that in the case'of larger EGF's, such as Baseload facilities, the amount
of Yequired mitigation may. exceed the "capacity or availability of local mitigation options,
a Yadial approach should then be used o .identify. mitigations within a subregional'area,
and then a larger region: Following is .the local mitigation requirement under this Policy
for projects subject #o CEQA:
In all practicable and feasible .circumstances, .mitigations must be
provided for within the City of Chula Vista for. the life of,the project
and if insufficient opportunities"are available, then an applicant may,
with. the City's. concurrence,'provide mitigations within the South Bay
area and then the San Diego region:
This section presents a local "Offset" program intended to ensure that at minimu!
some local reduction of fossil fuel burning/particulate emissions'is achieved. This Offse~
program is separate; from" any CEQA related requirements or mitigations, or
requirements associated with any California Air Resources Board: {GARB). or San Diego
Air Pollution Control District {APCD) permits;
It is designed to provide options to EGF applicants to independently implement, or fund
local .;:projects/activities that effectively:. reduce the burning of. fossil fuels/particulate
emissions at 'a level%that produces associated GHG reductions equivalent to the
otherwise Uncaptured` GHG outputs from the EGF. The Offset is a one-time only
requirement based on one year: of projected GHG emissions from air quality permits:
Use of GHG as an Offset Commodity
In 'consideration ofi reducing the time and complexity associated with determining. the
local Offset requirements, GHG is used as a proxy or commodity in calculating the
amount of required Offsets. Fossil fuel burning. emissions can be readily quantified as
to associated GHG emission :`levels, and a variety of currenf sources, and readily
available tools exis# for making the calculations and conversions.. Considering, that the
amount of otherwise Uncaptured GHG from the EGF will be known in conjunction with
project quantifications ialready'required'under other regulations, that GHG amount can
be readily used as the benchmark value to quantify the level of fossil fuel burning,Offset
projects/activities necessary to yield thaf amount of equivalent"GHG reduction.
Stated otherwise, the amount of required Offset projects/activities that reduce fossil fug.
burnin 'must be sufficient to roduce related GHG reductions'e uivalent to the amount
6-38
Exhibit A
Page 6 of 17
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilifies (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
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ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
of EGFs Uncapttred GHG. ' As such, the EGF's Uncaptured GHG levels are only used
as a proxy to establish the level of local Offsets. to be .implemented, and use of GHG in
this Policy is not'drectly related to GHG reduction programs under the City's Climate
Action Plan or any other GHG mitiga#ion regulations;
Uncaptured GHG Determination i
Emissions from the respective EGF may result in GHG emissions that are not already
captured by the EGF's equipment or emissions offset required by other federal, state or
local regulatory standards. Pursuant to the Performance Criteria contained within the
Table(s), the applicant must offset that increment. of Uncaptured GHG. emissions, as
described above.
The applicant must calculate the EGF's total GHG emissions; including Uncaptured
GHG output; using The Climate Registry's GHG Protocol ora GARB equivalent based
on 'the maximum number of annual operating hours. established by the facility's
regulatory permit. Upon determination of the amount of Uncaptured GHG, the applicant
shall provide Offsets as listed below, and deemed acceptable by the City. The
determination of theadequacy of the, Offset project(s) shall be made by the City and
shall be final]
Offset Options &.GHG Values
The applicant must fund GHG Offsets equivalent to the Uncaptured GHG output through
one: or a combination of the follovving: 1) .contribute to the City's Energy Conservation
Fund based on selecting from the City's list of projects and their full implementation
costs as further described in section 3 below; or 2) provide their own eligible project(s)
which produce the necessary Offsets within the City of Chula Vista, and provide
documentation of the associated Offset` calculations to the City for review and
acceptance~`Those projects-may be delivered by the applicant directly or by others with
whom the applicant has contracted.:
All Offsets must directly or indirectly. reduce fossil fuel burning/particulate emissions.
Examples of such reductions are highlighted in Section 4. The amount. of said Offset
activities must yield associated' GHG reductions equivalent to the EGFs' Uncaptured
GHG emissions. All Offset projects must be within the City of Chula Vista, however, if
insufficient opportunities are available, then offset project may, with the City's
concurrence, be rovided within the South. Ba and then the San Die o re ion if
6-39
Exhibit A
Page 7 of 17
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generafing Facilities (EGFs) P
IIMB
R EFFECTIVE
N
E DATE PAGE
Off
N
t
V
i
3
o
se
ers
on
-
80F17
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
necessary:
4. Ehergy Conservation Fund (ECF) and Calculation
The Energy Conservation Fund is aCity-managed fund to implemenYenergy, wateq and
fuel efficiency.:. projects as well' as renewable energy projects. The Fund: accomplishes
these; goals by assisting municipal' operations, residents, businesses, social `services,
schools, and not-for-profit agencies in ,reducing' GHG and improving local air quality: ;.The
type of projects which could be supported by the Fund include, but are`not Jimited to,
energy and water efficiency retrofits, solar hot water and solar photovoltaic installations;
electric vehicle home chargers, alternative fuel vehicle rebates, public transportation
passes, and bade tree plantings.
The dollar amount of required'paymerit to the. ECF shall be calculated based on tY
actual cost to implement selected offset projects'including City administration costs:
5. Administration of Energy Conservation Fund
The City is solely responsible for the review of proposed GHG offsets calculations, and
administering the offset projects that it deem§'appropriate. The duration and amount of
the offset project shall be` developed by the City and presented to'the Resource
Conservation Commission and City Council as part of the budget process::.
1. Periodic Review of EGF Equipment and BACT
Pursuant to CVMC 19.58.142 C.13, periodic review of the EGF is necessary to ensure
that the latest technology is applied in order for the respective EGF to perform at a level
that is least polluting. The applicant is required to provide the following information for
the periodic review. The City shall conduct the. review and work with the applicant to
render a decision regarding the feasibility and timing of equipment upgrades for the
EGF. A content outline for the BACT Periodic .Review Report is presented in
Attachment 1.
a. Documentation of the equipment and control technology currently being used;
b. Factual information if current or viewer BACT is commercially available ar~'
appropriate for the EGF;
c. A licant's own ers ective if it is a ro riate or racticable to implement a ui ment
6-40
Exhibit A
Page 8 of 17
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
Off
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N
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3
V NUMBER DATE PAGE
se
on
o
ers
-
9 OF 17
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
or control technology currently or within five years, including acost-benefit analysis
that demonstrates the feasibility or infeasibility of implementation;
d. The City shall review and discuss the information with the applicant and may consult
with APCD, CEC or other knowledgeable sources and parties;
e. Based on review and discussion, applicant shall determine what upgrades are
reasonable, practicable and cost effective to implement;
Attachments to Policy:
1. Periodic BACT Review Report Content
2. EGF Siting Criteria Tables A through E
6-41
Exhibit A
Page 9 of 17
~~~~i
.:~:
_._^._
CHUTAVISTA Development Services Department
ELECTRICAL GENERATING FACILITIES (EGF)
PERIODIC BACT REVIEW REPORT CONTENT
(EGF Policy)
A. INTRODUCTION
A Periodic Review Report shall be submitted pursuant to Chula Vista Municipal Code section
19.58.142 C.13 and section C.6 of the Council EGF Policy. The purpose of the report is to
provide relevant information on the EGF unit and latest best available control technology
(BACT) that is commercially available, including acost-benefit analysis to determine whether
any BACT upgrades to the EGF unit are feasible and warranted. As outlined below, the
content of the report should include description of the existing EGF unit and its control
technology, the latest BACT and its commercial availability, cost-benefit analysis, and
conclusion. It is important that the report be thorough and comprehensive as possible in
addressing each aspect, while remaining simple, succinct and cogent (should be no more
than 10 pages including supporting graphics and tables). Please indicate and label all
information in the report that is considered "Proprietary and Non-Disclosure'. Please contact
the project planner for assistance, if needed.
A total of three (3) copies of the Periodic BACT Review Report shall be submitted to the
Development Services Department, Planning Division.
B. REQUIRED CONTENT OF REPORT
Below is a summary of the content to be included in the report.
Cover Page
^ Name of applicant and contact information
^ Project name and location
^ Name and contact information of person/firm responsible for preparation of report
^ Date of report submittal
II. Table of Contents
III. Introduction
^ Purpose of the Periodic Report -Describe the collaborative effort between the City
and energy producer to pursue BACT that cost-effectively contribute to public health
and safety improvements in local air quality. Explain that the purpose of the report is
to provide necessary factual information regarding the subject EGF and latest
applicable BACT equipment that is or is not commercially available, to determine the
cost-effectiveness and feasibility of providing BACT upgrades.
a- Exhibit A, Attachment 1
276 Fourth Avenue ~ Chula Vista 6L~IQfornia 91910 (619) 691-5101
IV. EGF unit and control technology being used
^ Location -Describe the location of the EGF unit(s) and its surrounding context
(address, entity utilizing the unit, area which the unit is located, and purpose of the unit,
(e.g. residential, commercial, industrial or mixed-use)).
^ Type of unit(s) -Describe the unit type (name, model number) and features, fuel type,
APCD and/or other permitting agency permit number and date of permit issuance, and
control technology being used.
^ Provide data on emissions control technology currently utilized, including the efficiency
level of the unit(s).
^ Provide baseline emissions for the unit, emissions average for the last five years, and
the latest full year emissions. This information should be already available from the
local, state or federal permitting agency.
^ If there are multiple units (i.e. redundancy), provide the above data for each unit.
V. BACT commercially available -appropriate for EGF
^ Provide a listing of commercially available BACT that could potentially be used for the
particular EGF.
^ Identify the associated costs, and level of efficiency for the available BACT.
^ If there is available BACT that you did not list above, provide explanation why not.
VI. Cost-Benefit Analysis (CBAI
^ In the context of your CBA, describe if any, the cost, type and impact of any state or
federally required air quality improvements that have been implemented over the past
five years.
^ Based on information on the latest BACT commercially available and associated cost,
provide an assessment that demonstrates whether the upgrade is feasible or not.
^ Provide necessary graphics and narrative summary of the methodology for analyzing
the CBA, which documents cost per hour and/or cost per annum.
^ Identify any proposed phasing plan and its relevance to positive cost-benefit.
^ Factors to consider in the determination of costs may include: equipment, fuel type,
amortization table for the life of the equipment.
^ Factors to consider in the determination of benefit may include: net operational
savings that may be generated by a BACT option including but not limited to fuel
efficiency.
^ Did you look at any grants, incentives or other assistance to implement these public
health improvements? If not, do you need any help?
^ Provide your recommendation, if any.
VII. Conclusion
^ Based on the information provided in items V and VI listed above please explain why
or why not BACT upgrades are warranted and if they will be implemented.
^ Provide any other alternatives that may be considered or utilized if the BACT upgrades
are deemed infeasible.
J:\Planning\Counterfonns\EGF Periodic Report.doc
-z- Exhibit A, Attachment 1
276 Fourth Avenue Chula Vista st~l'~fornia ~ 91910 ~ (619) 691-5101
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6-49
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING A COUNCIL POLICY FOR THE
SITING OF ELECTRICAL GENERATING FACILITIES
WITHIN THE CITY OF CHULA VISTA WITH OFFSET
PROVISIONS
.WHEREAS, the City of Chula Vista promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources, including
non-polluting and renewable energy as envisioned in the Chula Vista General Plan (GP), Land
Use and Transportation Element Chapter 4, Theme 5 "Healthy and Sustainable Environment";
and
WHEREAS, it is an objective of the GP Environmental Element - E 6 to "Improve local
air quality by minimizing the production and emission of air pollutants and toxic air
contaminants and limit the exposure of people to such pollutants."; and
WHEREAS, policies E 6.3, 6.4, 6.5, 6.6, 6.12, and 6.15 stipulate the importance of
improving air quality, and minimizing dependency on fossil fuels and exposure of sensitive uses
to toxic air contaminants from (generally fossil-fuel based) facilities such as Electrical
Generating Facilities (EGFs); and
WHEREAS, in Februazy 2010, the City Council directed staff to prepare amendments to
the GP and Zoning Ordinance related to the establishing of requirements and regulations for the
siting of EGFs; and
WHEREAS, the Development Services Department initiated a review of the City's GP
and Zoning Ordinance to determine what sections needed to be amended; and
WHEREAS, the Development Services Department convened a team consisting of
interested members of the original 2005 Chula Vista General Plan Update (GPU) Environment,
Open Space, and Sustainable Development Subcommittee (the "EGF Working Group"); and
WHEREAS, the Development Services Department and the EGF Working Group have
worked together to develop regulations and siting criteria for EGFs within Chula Vista including
drafting a new EGF Council Policy to address the siting of EGFs (the "Project"); and
WHEREAS, the Development Services Department also convened a team consisting of
members of the industry and business community (the."Industry Working Group") to solicit
input on the draft regulations and EGF Council Policy to gain a balanced perspective; and
WHEREAS, the Development Services Department convened a joint meeting with the
Industry Working Group and EGF Working Group (the "Joint Working Group") to review the
draft regulations and EGF Council Policy; and
Attachment 4
Page 1 of 3
6-50
Resolution 2013-
Page 2
WHEREAS, the Project represents the collective efforts of the Development Services
Department and the EGF Joint Working Group, and provides necessary criteria and regulations
for the siting of EGFs within the City of Chula Vista; and
WHEREAS, the Development Services Director has reviewed the proposed Amendments
for compliance with the California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity, adopting a General Plan amendment and Zoning Code
amendment, may have a significant effect on the environment because the new General Plan
policy and Zoning Code provisions will result in more stringent requirements for locating an
Energy Generating Facility than currently exist. Therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review
is required. Although environmental review is not required for the General Plan Amendment and
Zoning Code change, environmental review will be required for any Energy Generating
Facilities that are proposed as part of the conditional use permit evaluation for that specific
project; and
WHEREAS, the Resource Conservation Commission (RCC), upon review of the Project
recommended that the City Council adopt the Project; and
WHEREAS, the Planning Commission voted to recommend that the City Council
approve a resolution adopting a new Council Policy which provides guidance and specifications
for the siting of EGFs and the reduction of associated Greenhouse Gas in accordance with offset
requirements within the City of Chula Vista.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Section I. Environmental Determination
There is no possibility the proposed Amendments activity, adopting a General Plan
amendment and Zoning Code amendment may have a significant effect on the environment
because the new General Plan policy and Zoning Code provisions will result in more stringent
requirements for locating an Energy Generating Facility than currently exist. Therefore, pursuant
to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no environmental review is necessary. Although environmental review is not necessary for the
General Plan Amendment and Zoning Code change, environmental review will be required for
any Energy Generating Facilities that are proposed as part of the conditional use permit
evaluation for that specific project. The City Council further finds that no further environmental
review is required.
Section II. Consistency with General Plan
That the approval of the proposed Council Policy -Electrical Generating Facilities is
consistent with and follows the goals, objectives, and policies of the Chula Vista General Plan
6-51
Resolution 2013-
Page 3
because the proposed Council Policy, in accordance with the GPU, provides clear and
comprehensive requirements for the siting of EGFs within the City of Chula Vista, which will
help to improve air quality, and minimize dependency on fossil fuels and exposure of sensitive
uses to toxic air contaminants from (generally fossil-fuel based) EGF facilities.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby adopt the new Council Policy -Electrical Generating Facilities (Exhibit A) as it relates to
the siting of EGFs and reduction of Greenhouse Gas in accordance with offset requirements for
Baseload and Peaker EGF types, within the City of Chula Vista.
PRESENTED BY:
Gary Halbert, P.E., AICP
Director of Development Services/Assistant
City Manager
APPROVED AS TO FORM BY:
/~Glen R. Go '
~'(;ity Attorney
Exhibit A: Council Policy and associated tables -Electrical Generating Facilities
J:\Attorney\FINAL RESOS\2013\OS 28 13\CCResoReCCPolicy(Ver4Offset)-6 4 13-FINAL.doc
5/20/2013 3:42 PM
6-52
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generatng Facilities (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
t P
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Off
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1OF15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
BACKGROUND
The Legislature established the California Energy Commission (CEC) (formally called the
State Energy Resources Conservation and Development Commission) in 1975 and
mandated a comprehensive siting process for new power plants. The City understands that
the Legislature gave the CEC the statutory authority to license thermal power plants of 50
megawatts (Mw) or greater along with the transmission lines; fuel supply lines, and related
facilities to serve them. The City further understands that it has principal responsibility for
reviewing applications, carrying out or approving projects for power generation facilities that
are less than 50 Megawatts.
Pursuant to Council directive, in February 2010, the Development Services and the
Conservation and Environmental Services Departments formed a working group (consisting
of members of the public who were involved with the General Plan Update, Environmental
and Open Space subcommittee) in order to develop policies and regulations for evaluating
the siting of future Electrical Generating Facilities (EGFs) within the City. Through the
coordinated efforts of the EGF working group, General Plan policies and Zoning Ordinance
provisions were updated and crafted in order to provide the Council, administrators and the
public with clear guidance and regulations for siting EGFs within the City.
PURPOSE
To protect the public health and safety while ensuring that the City does its fair share to
provide for the region's long term energy reliability through the siting of EGFs in an
expeditious, safe and environmentally appropriate manner. The EGF Policy ("Policy")
provides guidelines for making decisions regarding local EGF sitings that are consistent with
the intent and spirit of an open, transparent and inclusive public process. The Policy also
recognizes the City's commitment to transitioning to a less dependent fossil fuel burning
(carbon-based) future in an economically and environmentally sustainable manner, and its
desire that the air emissions affects on the community be reduced and mitigated locally. The
requirements of this Policy are in addition to the requirements of any federal, state, or other
permitting Agency's requirements or mitigations for future EGF sitings or the upgrade of
existing EGFs within the City.
POLICY
The General Plan, implementing codes and this Policy constitute the Local Ordinances,
Regulations and Standards (LORS) that the City will use for reviewing proposed EGFs
under 50 Mw and that the CEC, other state and federal agencies will look to when
considerin EGFs of 50 Mw or lar er within the Cit .
Exhibit A
6-53 Page 1 of 15
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
Version 4 -Offset Provision NUMBER DATE PAGE
2 OF 15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
The Policy is to be utilized in conjunction with Chapter 19 and Sections 19.04, 19.22, 19.24,
19.26, 19.28, 19.30, 19.34, 19.36, 19.38, 19.40, 19.44, 19.46, 19.47, 19.48, and 19.58 of
the Chula Vista Municipal Code (CVMC) in evaluating future EGFs siting within the City.
The Policy presents requirements and standards for siting and operation of various types
and sizes of EGFs, with regard to fuel types, distances to sensitive receptors, emissions
offsets, performance criteria, and cumulative considerations.
A. Definitions: The following definitions are terms that are associated with EGFs, and used
in the Policy and/or reflected in Chapter 19 of the CVMC as listed above.
1. Best Available Control Technologv (BACT): A pollution control standard mandated by
the United States Clean Air Act. The U.S. Environmental Protection Agency (EPA)
determines what air pollution control technology will be used to control a specific
pollutant to a specified limit. (When a BACT is determined, factors such as energy
consumption, total source emission, regional environmental impact, and economic
costs are taken into account. It is the current EPA standard for all polluting sources
that fall under the New Source Review guidelines and is determined on a case-by-
case basis).
2. Best Available Technologv (State of the artl: The concept of updating and employing
BACT improvements when they are commercially practicable.
3. Bio-fuels: Any fuel that is obtained from a renewable biological resource.
4. Black out: An uncontrolled loss of electricity, generally associated with one or more
geographic areas connected to a transformer, generator or other part of the
distribution or transmission system.
5. Brown out: A planned or controlled loss of electricity for a geographic area.
6. Combined Cvcle Technologv: A type of generation that increase the efficiency of
fossil fuel consumption by capturing and reusing waste heat from one turbine to fuel
another generation source. The waste heat may also be used to provide heating or
cooling that would offset additional energy requirements.
7. Combined Heat and Power: The sequential use of a primary energy source to
produce two forms of energy, basically heat and electricity/power at the same time
(sometimes called Co-generation).
8. Criteria Pollutants: National Ambient Air Quality Standards for six common air
pollutants: Ozone, Particulate Matter, Carbon Monoxide, Nitrogen Oxides, Sulfur
Dioxide and Lead required by the EPA in accordance with the Clean Air Act
9. District Heating and Cooling: A system for supplying heating and/or coolin services
6-54
Exhibit A
Page 2 of 15
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY
EFFECTIVE
sion 4 -Offset Pro
ision
Ve NUMBER DATE PAGE
r
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30F15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
from a centralized location for commercial and residential purposes in more than one
parcel, usually from an efficient source such as an adjacent Combined Cycle facility.
10. Distributed Generation: The technology of using small-scale power generation
technologies located in close proximity to the load being served and typically
employed to improve power quality and reliability, reduce dependence on large scale
generation, transmission and the associated impacts.
11. Electricity Grid: An interconnected network for delivering electricity from suppliers to
consumers, which is made up of long range transmission lines, local distribution lines
and the substations that provide interconnection, voltage regulation and emergency
controls.
12. Emissions Modeling (Air Dispersion Model): A method or protocol for estimating the
volume and location of air emissions impacts from a potential source.
13. Emissions Offsets: A practice, structure, or funded program that reduces the pollution
generated by a source by a comparable amount.
14. Enerov Conservation Fund (Offsef Fund): A dedicated account held in trust by the City of
Chula Vista Finahce DirectorlTreasurer for the purposes of funding emission offset that
meet the goals and objectives established by the Chula Vista City Council.
14. Fuel Cell: An electrochemical cell that produces electricity by oxidation of fuel such
as hydrogen and oxygen or zinc and air.
15. Geo-Thermal: Power extracted from heat stored in the earth.
16. Greenhouse Gas (GHG): A gas in the atmosphere that absorbs and emits radiation
within the thermal infrared range. GHG is a collective term for those gases which
reduce the loss of heat from the earth's atmosphere, and thus contribute to global
warming and climate change. The greenhouse gases most commonly used in
calculations of global warming potential include carbon dioxide (COZ), methane
(CH4), nitrous oxide (N20), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and
sulphur hexafluoride (SF6).
17. Local Service Territory: The geographic area that San Diego Gas & Electric (SDG&E)
provides electricity and natural gas services to residential, commercial and industrial
consumers.
18. Nuclear: The use of nuclear fusion or fission to generate electricity.
19.Offsets: A project or activity which results in the direct or indirect reduction of GHG
emissions from fossil fuel burning sources.
20. Particulate Matter: Air pollution that is a complex mixture of very tiny solid or liquid
particles composed of chemicals, soot, and dust and which are generally categorized
as 10 microns or less in size.
6-55
Exhibit A
Page 3 of 15
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) oMBER
P EFFECTIVE
Ni DATE PAGE
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4 OF 15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
21. Petroleum/Fossil Fuel: Gaseous, liquid, and solid hydrocarbons that are burned to
generate electricity, heat or other sources of power.
22. Renewable Resources: The generation of electricity, heat or cooling that does not
require the combustion of fossil fuels or nuclear materials such as solar, wind, small
hydro-electric facilities, geothermal and fuel cells.
23. Sensitive Receptors: are those segments of the population most susceptible to poor
air quality including children, the elderly, and those with pre-existing serious health
problems affected by air quality. Land uses associated with sensitive receptors are:
residentially designated or zoned communities with existing or planned residential
dwellings, schools, child care centers, hospitals, nursing homes, elder care and
residential care facilities that provide daily long-term care.
24.Small Hydro-Electric: The development and use of up to 10Mw of hydro-electric
power to serve one industrial plant or small community.
25.Toxic Emissions: Toxic emissions are pollutants that cause or may cause cancer
other serious health problems, such as reproductive effects or birth defects, or
adverse environmental and ecological effects. Under Section 112 (Title 1 Part A) of
the federal Clean Air Act, the U.S. Environmental Protection Agency (EPA) has
identified 187 hazardous air pollutants which are outlined in a federally published list.
26. Uncaptured Greenhouse Gases: The percentage of greenhouse gases that are not
already offset by complementary air quality mitigation standards and requirements.
B. EGFs Siting Criteria:
Table(s) A through E in Exhibit 1 present requirements and standards for the siting and
operation of each of the five types of EGFs with regard to fuels, operational provisions,
distances to sensitive receptors, applicable zones, performance criteria, and cumulative
considerations. The Table(s) are to be utilized by staff in conjunction with Chapter 19
of the CVMC (as listed on page 1 of this Policy) in evaluating future EGF applications
for the CEC LORS process, or local Conditional Use Permits as applicable.
Users should first refer to the appropriate Table(s) for the type of EGF (A: Baseload; B:
Peaking; C: Private; D: Backup; and E: Residential-level). Within that table the user
should next find the column for which of the four fuel types are applicable to the
proposed EGF. Each fuel type column for the respective EGF lists the siting and
operational provisions which must be met. The following is a brief summary of the
criteria and provisions:
6-56
Exhibit A
Page 4 of 15
COUNCIL POLICY
CITY OF CIIULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
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SOF15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
1.Operational provisions are general operational characteristics expected of the EGF
(however some operational characteristics are required);
2. Distances to sensitive receptors consider minimum separation between the
respective EGF and constituents or land uses that are more susceptible to health risk
from the air pollutants generated by the EGF;
3. Zones indicate the appropriate zoning districts in which-the EGF may be located;
4. Performance Criteria primarily regard facility technology and equipment, and
emissions offsets requirements for local mitigation; and
5. Cumulative Considerations address modeling analyses and public notification
requirements.
In instances where the fuel type is not allowed or practicable for the particular EGF, the
respective fuel type column is designated as such or grayed out. The EGF Siting
Criteria Tables are presented in Attachment 2.
C. Emissions Offsets Calculation and Administration of the Energy Conservation Fund:
Addressing the affects of EGF air emissions on the local community through local air
quality improvement efforts is one of the purposes of this Policy. This section presents a
local "Offset" program intended to ensure that at minimum, some local reduction of fossil
fuel burning/particulate emissions is achieved. This Offset program is separate from
any CEQA related requirements or mitigations, or requirements associated with any
California Air Resources Board (GARB) or San Diego Air Pollution Control District
(APCD) permits, and is applicable only to Baseload and Peaker EGF's.
It is designed to provide options to EGF applicants to independently implement, or fund
local projects/activities that effectively reduce the burning of fossil fuels/particulate
emissions at a level that produces associated GHG reductions equivalent to the
otherwise Uncaptured GHG outputs from the EGF. The Offset is a one-time only
requirement based on one year of projected GHG emissions from air quality permits.
1. Use of GHG as an Offset Commodity
In consideration of reducing the time and complexity associated with determining the
local Offset requirements, GHG is used as a proxy or commodity in calculating the
amount of required Offsets. Fossil fuel burning emissions can be readily quantified
as to associated GHG emission levels, and a variety of current sources, and readily
available tools exist for makin the calculations and conversions. Considering that the
6-57
Exhibit A
Page 5 of 15
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilifies (EGFs) POLICY EFFECTIVE
Version 4 -Offset Provision NUMBER DATE PAGE
6 OF 15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
amount of otherwise Uncaptured GHG from the EGF will be known in conjunction
with project quantifications already required under other regulations, that GHG
amount can be readily used as the benchmark value to quantify the level of fossil-fuel
burning Offset projects/activities necessary to yield that amount of equivalent GHG
reduction.
Stated otherwise, the amount of required Offset projects/activities that reduce fossil
fuel burning must be sufficient to produce related GHG reductions equivalent to the
amount of EGFs Uncaptured GHG. As such, the EGF's Uncaptured GHG levels are
only used as a proxy to establish the level of local Offsets to be implemented, and
use of GHG in this Policy is not directly related to GHG reduction programs under the
City's Climate Action Plan or any other GHG mitigation regulations.
2. Uncaptured GHG Determination
Emissions from the respective EGF may result in GHG emissions that are not already
captured by the EGF's equipment or emissions offset required by other federal, state or
local regulatory standards. Pursuant to the Performance Criteria contained within the
Table(s), the applicant must offset that increment of Uncaptured GHG emissions, as
described above.
The applicant must calculate the EGF's total GHG emissions, including Uncaptured
GHG output, using The Climate Registry's GHG Protocol or a CARB equivalent based
on the maximum number of annual operating hours established by the facility's
regulatory permit. Upon determination of the amount of Uncaptured GHG, the applicant
shall provide Offsets as listed below, and deemed acceptable by the City. The
determination of the adequacy of the Offset project(s) shall be made by the City and
shall be final.
3. Offsets Options &GHG Values
The applicant Applicants must fund GHG Offsets equivalent to the Uncaptured GHG
outputfhrough one ora combination of the following: 1) contribute to the City's Energy
Conservation Fund based on; selecting from the City's list of, projects and their' full
implementation costs as further described in section 3 below; or 2j provide their own
eligible project(s) which produce the necessary Offsets within the City of Chula Vist
and provide documentation of the associated Offset calculations to the City for review
6-58
Exhibit A
Page 6 of 15
COUNCII. POLICY
CTTY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) POLICY EFFECTIVE
NUMBER DATE PAGE
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ADOPTED BY: (ResolutionNo.) DATED:
AMENDED BY: Resolution No. (date of resolution)
and acceptance. Those projects may be delivered by the applicant directly or by others
with whom the applicant has contracted. The associated cost of those projects would
remain a private matter, and no fees would be'paid to the City.
All Offsets must directly or indirectly reduce fossil fuel burning/particulate emissions.
Examples of such reductions are highlighted in Section 4 include, but are not limited to
energy and water efficiency retrofits, solar hof water and solar photovoltaic installations,
electric vehicle home chargers, alternative fuel vehicle rebates, public transportation
passes, and'.".shade tree plantings.. The amount of said Offset activities must yield
associated GHG reductions equivalent to the EGFs' Uncaptured GHG emissions. All
Offset projects must be within the City of Chula Vista, however, if insufficient
opportunities are available, then offset project may, with the City's concurrence, be
provided within the South Bay and then the San Diego region if necessary.
4.. Energv Conservation Fund tECF) and Calculation
The Energy Conservation Fund is aCity-managed fund to implement energy, water, and
fuel°efficiency projects. as well as renewable energy projects. The Fund accomplishes
these goals, by assisting municipal operations, residents; businesses, social services,
schools, and not-for-profit agencies in reducing GHG and improving local air quality. The
type of projects which could be supported by the Fund include; but are not limited to,
energy and wateF efficiency Yetrofits, solar hot water and solar photovoltaic installations,
electric vehicle' home chargers, alternative fuel vehicle rebates, public transportation
passes, and shade tree plantings,
The dollar amount of required payment to the ECF shall be calculated based on the
actual cost to implement selected offset projects including City administration costs.
5., Administration of Energy Conservation Fund
The. City is solely responsible for the review of proposed GHG offsets calculations, and
administeringthe'offset projects that it deemsappropriate. `The duration and amount of
the offset project shall be developed by the City and presented to the Resource
Conservation Commission and City Council as part. of the budget process.
4. Periodic Review of EGF Equipment and BACT
6-59
Exhibit A
Page7of15
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Electrical Generating Facilities (EGFs) P
IIMB
R EFFECTIVE
4
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80F15
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
Pursuant to CVMC 19.58.142 C.13, periodic review of the EGF is necessary to ensure
that the latest technology is applied in order for the respective EGF to pertorm at a level
that is least polluting. The applicant is required to provide the following information for
the periodic review. The City shall conduct the review and work with the applicant to
render a decision regarding the feasibility and timing of equipment upgrades for the
EGF. A content outline for the BACT Periodic Review Report is presented in
Attachment 1.
a. Documentation of the equipment and control technology currently being used;
b. Factual information if current or newer BACT is commercially available and
appropriate for the EGF;
c. Applicant's own perspective if it is appropriate or practicable to implement equipment
or control technology currently or within five years, including acost-benefit analysis
that demonstrates the feasibility or infeasibility of implementation;
d. The City shall review and discuss the information with the applicant and may consuh
with APCD, CEC or other knowledgeable sources and parties;
e. Based on review and discussion, applicant shall determine what upgrades are
reasonable, practicable and cost effective to implement;
Attachments to Policy:
1. Periodic BACT Review Report Content
2. EGF Siting Criteria Tables A through E
6-60
Exhibit A
Page 8 of 15
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clnoF Development Services Department
CHUTAVISTA
ELECTRICAL GENERATING FACILITIES (EGF)
PERIODIC BACT REVIEW REPORT CONTENT
(EGF Policy)
A. INTRODUCTION
A Periodic Review Report shall be submitted pursuant to Chula Vista Municipal Code section
19.58.142 C.13 and section C.6 of the Council EGF Policy. The purpose of the report is to
provide relevant information on the EGF unit and latest best available control technology
(BACT) that is commercially available, including acost-benefit analysis to determine whether
any BACT upgrades to the EGF unit are feasible and warranted. As outlined below, the
content of the report should include description of the existing EGF unit and its control
technology, the latest BACT and its commercial availability, cost-benefit analysis, and
conclusion. It is important that the report be thorough and comprehensive as possible in
addressing each aspect, while remaining simple, succinct and cogent (should be no more
than 10 pages including supporting graphics and tables). Please indicate and label all
information in the report that is considered "Proprietary and Non-Disclosure". Please contact
the project planner for assistance, if needed.
A total of three (3) copies of the Periodic BACT Review Report shall be submitted to the
Development Services Department, Planning Division.
B. REQUIRED CONTENT OF REPORT
Below is a summary of the content to be included in the report.
I. Cover Page
^ Name of applicant and contact information
^ Project name and location
^ Name and contact information of person/firm responsible for preparation of report
^ Date of report submittal
II. Table of Contents
III. Introduction
^ Purpose of the Periodic Report -Describe the collaborative effort between the City
and energy producer to pursue BACT that cost-effectively contribute to public health
and safety improvements in local air quality. Explain that the purpose of the report is
to provide necessary factual information regarding the subject EGF and latest
applicable BACT equipment that is or is not commercially available, to determine the
cost-effectiveness and feasibility of providing BACT upgrades.
-i- Exhibit A, Attachment 1
276 Fourth Avenue Chula Vista 6C8i(ornia i 91910 i (619) 691-5101
IV. EGF unit and control technologv being used
^ Location -Describe the location of the EGF unit(s) and its surrounding context
(address, entity utilizing the unit, area which the unit is located, and purpose of the unit,
(e.g. residential, commercial, industrial or mixed-use)).
^ Type of unit(s) -Describe the unit type (name, model number) and features, fuel type,
APCD and/or other permitting agency permit number and date of permit issuance, and
control technology being used.
^ Provide data on emissions control technology currently utilized, including the efficiency
level of the unit(s).
^ Provide baseline emissions for the unit, emissions average for the last five years, and
the latest full year emissions. This information should be already available from the
local, state or federal permitting agency.
^ If there are multiple units (i.e. redundancy), provide the above data for each unit.
V. BACT commercially available -appropriate for EGF
^ Provide a listing of commercially available BACT that could potentially be used for the
particular EGF.
^ Identify the associated costs, and level of efficiency for the available BACT.
^ If there is available BACT that you did not list above, provide explanation why not.
VI. Cost-Benefit Analysis (CBAI
^ In the context of your CBA, describe if any, the cost, type and impact of any state or
federally required air quality improvements that have been implemented over the past
five years.
^ Based on information on the latest BACT commercially available and associated cost,
provide an assessment that demonstrates whether the upgrade is feasible or not.
^ Provide necessary graphics and narrative summary of the methodology for analyzing
the CBA, which documents cost per hour and/or cost per annum.
^ Identify any proposed phasing plan and its relevance to positive cost-benefit.
^ Factors to consider in the determination of costs may include: equipment, fuel type,
amortization table for the life of the equipment.
^ Factors to consider in the determination of benefit may include: net operational
savings that may be generated by a BACT option including but not limited to fuel
efficiency.
^ Did you look at any grants, incentives or other assistance to implement these public
health improvements? If not, do you need any help?
^ Provide your recommendation, if any.
VII. Conclusion
^ Based on the information provided in items V and VI listed above please explain why
or why not BACT upgrades are warranted and if they will be implemented.
^ Provide any other alternatives that may be considered or utilized if the BACT upgrades
are deemed infeasible.
J:\Planning\Counterfonns~EGF Periodic Report.doc
-2- Exhibit A, Attachment 1
276 Fourth Avenue Chula Vista 6LBY~fornia ~ 91910 (619) 691-5101
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6-67
Staff Responses to January 30, 2013 Council-led Environmental Workshop Inputs-
• Can there be a "threshold" set that would trigger Offset provision for Private EGFs, such as what
may be anticipated for the University?
Staff could propose/establish a particular MYV threshold above which Offset requirements would
then be applicable to Private EGFs. Caution is warranted here as the MW levels for most individual
Prlvate EGFs (typical businesses) would likely be relatively small (perhaps around IMW+/-) in
comparison to Baseload and Peaking facilities that are most often in excess of IOOMW. In the case
of universities, for example, UCSD (which also incorporates clean energy generation in its mix) has
a power usage/demand of approximately S MN'. The amount of Offsets associated with a SMW
Private facility may be relatively small depending upon the generation technology, amount of clean
energy in the mix, and the resulting amount of otherwise unmitigated GHG from the facility that the
Offsets would be based on.
Using this as an example, and assuming a threshold level of 4 or SMW was established for Offsets
for a Private EGF (so that something like the university could be captured) there could still be
potential unintended consequences. For instance, the Goodrich unit is a 9 MW combined-cycle
Private facility, and while larger than the typical Private EGF, could then be subject to the Offset
provisions. If we thereby set the threshold at IOMW, that would likely be too high to ever capture a
Private facility in something like the university context (SMW or less range).
Considering that the intent of the Policy Is to incentivize business and industry to invest in clean
energy rather than provide Offsets, and that the majority of Private EGFs are likely to be SMW or
less, staff recommends that the Offset provisions be applied only to Baselaod and Peaking facilities,
if the Council elects to adopt an EGFPolicy with Offset provisions.
• Cumulative considerations for Back Up & Emergency (BU&E) EGFs: What about the effect of
all the BU&E facilities, is there any way to determine their cumulative effect if they are under 50
hp?
This is not addressed in the Policy, and the short answer is "no"and not without a lot of research
for which data is not readily available to the City. The Policy only addresses those BU&E EGFs
that are 50 horsepower (hp) or higher, as those are regulated by APCD and emissions data is
readily available from the APCD permits. BU&E EGFs less than SOhp that may be of concern for
cumulative considerations are generally related to telecommunication facilities. A separate review
of the current Telecommunication regulations/policy could be undertaken if Council desires, and
any potential concerns can be addressed within that document. From a practical standpoint,
changes to the City's telecommunications policy would apply to new or repowered facilities going
forward, rather than attempt to retroactively apply equipment emissions standards to existing
facilities.
• Can the City require that Offsets be provided on public facilities such as schools, parks, utilities,
government, etc.?
The Policy could potentially include a-statement that encourages the applicant to provide mitigation
and/or Offsets on public/quasi public and governmental type facilities and uses as a matter of first
order.
6-68
Attachment 5
• SDG&E recommends Version 3 of the Council Policy given that the "Offsets" provision are 1)
pioneering; 2) the GHG Proxy aspect of Version 4 can be confusing and is unprecedented; and 3)
the Offset requirement goes. beyond CEQA by effectively requiring "Net Zero" GHG mitigation
for GHG whereas CEQA only requires mitigation of project impacts to "Less than Significant".
• Environmental Health Coalition (EHC) could make compromise to accept Version 4 of the
Council Policy. The City should endeavor to adopt policy that would reflect a "clean energy"
vision for the residents of Chula Vista.
• Southwest Chula Vista Civic Association recommends adoption of Version 4.
Attachment 5
6-69
Offset provision issues resultine in Council Policv Versions 2-4
As outlined in the following table, Version 1 represents the base version, and Versions 2-4 respond to concerns
raised by the Working Groups with each preceding version.
EGF Policy Evaluation by Joint Working Group
Provision Discussion/Issue Response (Outcome)
Version 1. Applicant provides • Applicant provision of Offsets Staff drafted Version 2,
1 their own Offset generally acceptable. removing the Fee component.
project, or • Issue with Fee, as would require fee
2. Pay Offset Fee nexus study, which can be time
3. Offsets done locally consuming and costly. Council
4. CEQA/APCD-related would need to authorize fee study
mitigation done & budget with completion prior to
locally any inclusion in Policy.
Version 1. (Same) • Avoids potentially complicated Staff drafted Version 3,
2 2. Offset Fee removed unfunded fee study; removing the Fee component
3. (Same) • Providing own Offset may be and Local Offset requirement.
4. (Same) difficult for small businesses who Focus placed on CEQA/APCD
don't have economies of scale or
wherewithal to provide their own required mitigation be done
project, and may prefer to pay fee locally.
rather than provide own project.
Version 1. Removed • Original Working Group noted Local Staff drafted Version 4 as a
3 2. Removed Offset is an important component hybrid,'requiring Local Offset for
3. Removed of the EGF Policy, and should not be only Baseload and Peakers. This
4. (Same) removed. avoids the small business
• Deletes potentially complicated
Offset program, and focuses concerns with Version 2.
specifically on CEQA/ APCD-related
mitigation being done locally.
Version 1. Local Offset for • Offset only for Baseload/Peaker Similar to Version 2 with the
q Baseload &Peakers that can shoulder the cost. exception of Offset only for
only • Avoid fee study. Baseload &Peakers.
2. Removed • Avoid small business impacts.
3. (Same)
4. (Same)
All of the four versions were reviewed at the joint Working Group meeting, and presented at the Council-led
Environmental Workshop on January 30, 2013.
6-70
Attachment 6
Page 1 of 3
Following is an overview of the primary edits in each version noted above:
Version 1 • Applicant Provide Offset or Pay into Offset Fund
Edits to Version 1 were primarily clarifying in nature.
1. Page 1: Purpose: Added emphasis that "...air emissions effects on the community be mitigated locally"
2. Page 2: Definition #7: Added definition for Combined Heat and Power.
3. Page 3: Definition #20: Added definition for Offsets.
4. Page 4: Definition #26: Clarification of Toxic Emissions.
5. Page 5: Clarification of Siting Criteria Table(s): For Peckers, the renewables component would be
required to include "Up t0 30%for fossil-fuel, and Up t0 20%for non-fossil fuel facilities."
6. Pagel: Clarification of Option A where applicant provides their own project to provide the required
Offset, or Option B where the applicant may pay into a fund that the City would administer. The
requirement for diesel burning EGFs to provide Offset at 120% has been eliminated.
7. Page 8: All Offset project must be within Chula Vista. If this is not feasible then the applicant may
provide Offset within South Bay then the San Diego region. Calculation for Offset Fee is based on the
City's estimated cost to implement "on-the-ground Offset project".
8. Page 9: Periodic Best Available Control Technology (BACT) review requirements are listed so the
applicant knows what to submit to the City for the periodic review.
Version 2: Applicant Offset, No Fee:
The applicant provides their own Offsets however they choose to. There is no longer an option to pay a fee into
the City's Energy Conservation Fund. The reason for this is because in order to have an "Offset" fee, the City
would need to conduct a Fee Study to establish a specific fee amount and a nexus for that amount. This would
require the City Council approval for consultant services to accomplish the fee study, which can potentially be
costly and time consuming. Until such time as a fee study was completed and adopted, the Offset fee portion of
the policy could not be included. The only difference between this Version and Version 1 is (see highlighted text
on page 7 of the policy).
1. Page 7: Item 3: Offset Options is changed to "Offsets" because the applicant may choose to provide
Offset project themselves or by others with whom they have contracted.
Concerns were expressed regarding the difficulty for small businesses to provide their own Offsets depending on
economies of scale, and that working with another business to accomplish Offsets effectively amounts to cross-
business subsidies. The notion of cross-business subsides was an item of concern.
Version 3• No Offset (Recommended by Industry Workins Groual
Due to complexities of the Offset and fee components in Versions 1 and 2, Version 3 removes the Offset
provision. The applicant is only required to do CEQA or other mandated mitigation, and whenever feasible and
practicable, the mitigation must be done first in Chula Vista then radiate out to the South Bay and San Diego
region. The difference between this Version and Version 1 is highlighted on pages 5-8.
Attachment 6
Page 2 of 3
6-71
1. Page 5: Delete "Emissions offsets" reference and replace with "requirements for local mitigation".
Delete reference to City's Energy Conservation Fund.
2. Page 6: Remove reference of GHG and Offset requirements, clarify that only applicable mitigation is
CECtA related.
3. Page 7-8: Emphasize that CEQA mitigation should be provided locally and a radial approach should be
considered if mitigation cannot be provided locally.
Version 3 contains strikeout of the "Offset and Fee" component (Attachment 3)
Version 4: Offsets limited to Baseload & Peokino Facilities only (Recommended by Environmental Workine
Grou
The Environmental Working Group expressed concerns regarding removal of the "Offset" provision. Staff
recognized the merit of Offset provision, which would be more applicable to Baseload & Peaking EGFs than
Private due to likely emissions levels and economies of scale. Baseload and Peaking EGFs are also independent
uses for the purpose of energy generation only, and whose product is distributed onto the larger energy grid
often for use by others outside of Chula Vista. As such, these are the facilities that most often have effects on
the local community without the local benefits; the original premise for requiring proposed Offsets. Conversely,
Version 4 would not require Offsets for Private EGFs which would occur in support of a particular, primary land
use/business, where the intent is to promote energy independence and conservation.
Version 4 is similar to Version 2, with the exception that Offsets are limited to Baseload & PeakingEGFs only. This
retains the intent of the original Policy. As highlighted in Attachment 4, Version 4 contains strikeout of the "Fee"
and retains the "Offset" component for Baseload and Peaker EGFs only, as described above.
Attachment 6
Page 3 of 3
6-72
f ~dda~~~i`Dna-~: ~r,~-o'rm~rfi~n ~'.
.L->L2vr
Adrfanna B. [{ripke
Senior Counsel
101 Ash Street, HQ-12
San Diego, CA 92101
Tel: 619-696-2476
Fax: 619-696-4468
akripke@sem p ra util ities. com.
June 3, 2013'
BY EMAIL & PERSONAL. DELIVERY
Mayor Cox and Council Members;Aguilaz, Bensoussan, Ramire?, and Salas
Chula Vista Mayor and Council Office
276 Fourth Avenue
Chula Vista, CA 91910
Re: Proposed Council Policy on Siting Electrical Generating Facilities
Dear Mayor Cox and Council Members Aguilaz, Bensoussan, Ramirez, and Salas:
San Diego Gas & Electric Company (SDG&E) appreciates the many opportunities that-
the City of Chula Vista has provided to comment on its proposed Council Policy on siting
electrical generating facilities (EGF) and associated revisions fo the Chula Vista General Plan
and Zoning Code (collectively, proposed Council Policy). SDG&Ealso appreciates.Chula Vista
staff s significant effort in drafting and revising the proposed Council Policy and their high level
of responsiveness to comments by SDG&E and other Industry User Group members. This,letter
follows up on some of the comments that SDG&E made during Industry User Group meetings
and during the Council-led environmental workshop on January30, 2013.
SDG&E shares Chula Vista's commitment to protecting the environment, public health,
and safety with an effective Council. Policy for siting EGFs. The offset component in Version 4
of the proposed Council Policy, however, has several legal deficiencies. SDG&E therefore
continues to recommend Version 3 of the proposed Council Policy, which does not include an
offset component.
The environmental protections already in place under the California Environmental
Quality Act (CEQA) and under federal and state_air quality and greenhouse gas (GHG) ,haws will
ensure that siting EGFs protects the environment, public health; and safety. The offset
component.of the proposed Council Policy is therefore unnecessary.
In addition to being unnecessary, the offset component of the proposed Council Policy
has three legal deficiencies. First, the offsetcomponent violates federal and state constitutional
requirements for agencies to place conditions on development. Second, the offset component
lacks. factual justification for using GHG emissions as a proxy foi air pollutants. Third, existing
federal and state air quality and GHG laws raise preemption problems.
Mayor Cox and Council Members Aguilaz; Bensoussan, Ramirez, and Salas
June 3, 2013
Page 2
1. Proposed Offset Component
The proposed Council Policy states: "Addressing the effects of EGF air emissions on the
local community through local air quality improvement efforts is one of the purposes ofthis
P.olicy." Proposed Council Policy, Version 4 -Offset Provision at 5. The proposed Council
Policy includes:
a local "Offset" program. intended to ensure that atminimum, some local
reduction of fossil fuel burning/particulate emissions is achieved. This offset
component is sepazate from any CEQA related requirements or mitigations, or
requirements associated with any California Air Resources Boazd (GARB) or
San Diego Air Pollution Control District (APCD) permits, and is applicable only
to Baseload and Peaker EGF's.
Id
The offset component is:
designed to provide options to EGF applicants to independently implement, or
fund local projects/activities that effectively reduce the burning of fossil
fuels/particulate emissions at a level that produced. associated GHG reductions
equivalent to the otherwise Uncaptured GHG outputs from the EGF. The. Offset
is a one-time only requirement based on one year of projected GHG emissions
from air quality permits.
Id. The offset component therefore requires aone-time reduction of GHG emissions to•net zero
for larger baseload and pealcer EGFs.
2. The Offset Component Violates Federal and State Constitutional
Requirements for Conditions on Development
The offset component would require that EGFs "effectively reduce the burning of fossil
fuels/particulate emissions at a level that produces associated GHGreductions equivalent to the
otherwise'Uncaptured GHG outputs from the EGF." Id. The offset component would therefore
be a condition on development unposed by Chula Vista through exercise of its police power.
The offset component, however, fails to meet the federal and state constitutional requirements
for conditions on development.
The federal constitution and the California constitution require conditions on
development to be reasonable and have a sufficient nexus to the public burden imposed by the
development project. See Dolan v. Ciry of Tigard, 51'2 U.S. 374, 387 (1994); Nollan v. Cal:
Coastal Comin'n, 483 U.S. 825, 834-35 (1985); Associated Home Builders, Inc. v. City of
T~Valnut Creek, 4 Cal. 3d 633, 644 (1971).
Mayor Cox and Council Members Aguilaz, Bensoussan, Ramirez, and Salas
June 3, 2013
1'age.3
Courts determine on a case-by-case basis'whether a,city has established that a condition
on development is reasonable and has the required nexus to the impacfof the development
project. The U.S. Supreme Court has explained that"no precise mathematical calculation is
required, but the city must make some sort o£individualiz,ed determination that the required
dedication is related both in nature and extent. to the impact of the proposed development."
Dolan, 5:12 U,S. at 391.
A city must present adequate evidence to establish a sufficient nexus between a condition
on development and the impact of the development project. See, e.g., Dolan, 512 U.S. at 378;
Surfside Colony, LZd. v. Cal.. Coastal Comm'n, 226 Cal. App: 3d 1260, 1268-69 (1991); Rohn v.
City of Visalia„? 14 Cal. App. ~d 1463, .1475 (1989). For example, the California Court of
Appeal ruled that the Califomia Coastal Commission could not require a7andotratcr to dedicate
an easement to prevent erosion neaz the landowner's property when the Commission could not
cite to a specitic report oi• study to justify the need fox erosion prevention in the area. Surfside
Colony, 226 Cal. App.3d at 1268-69. Similarly, the Califomia Court of Appeal struck down a
city's requirement that a landowner widen. a street in the absence of evidence that a widerstreet
was' necessary to compensate for increased traffic due to the landowners' dcvclopmenf project.
Rohn, 214 Cal. App. 3d at 1475.
Chula Vista has failed to establish a sufficient nexus between the offset component and
any potential air quality impacts from EGFs. First Chula Vista has not explained why existing
federal and state laws do not adequately address, any potential air quality impacts from F.,GFs.
Second, Chula Vista has not explained why reducing' GHG emissions'to net zeto is necessary to
.address: any potential air qualify impacts from EGFs. The offset component therefore violates
constitutional requirements for conditions on development. ,
3. The Offset Component Lacks Factual Justification for Using;GHG Emissions
as a Proxy for Air Pollutants
Version 4 of the proposed Council Policy states: "In consideration of reducing the time
and complexity associated with determining the local Offset requirements,. GHG is.used as a
proxy or commodity in calculating the arnount of required Offsets." Proposed Council Policy,
Version 4 -Offset Provision at 5. Version 4 of the proposed Council Policy also notes: "Fossil
'fuel burning emissions can be readily quantified as to associated GHG emission.le4elS, and a
variety of current sources, and readily available tools existfot making the calculations and
conversions." Id.
Although Chula Vista has expressed a goal of reducing the time and.complexity of
determining offseYrequirements, Chula Vista has failed to'providc factual evidence ofwhy
substittifing GHG'emissions for air pollutants is scientifcally sound. Chula Vista.has therefore
failed to provide factual evidence to establish a sufficientnexus between the offset component's
.requirements and any potential air quality impacts froni,LGFs. See, e.g., Dolan; 512 U.S: at 378;
Surfside Colony, 226 Cal. App.'3d at 1268-69; Rohn, 214 CaL, App. 3d at ] 47. Without this
Mayor Cox and Council Members Aguilar, Bensoussan, Ramirez, and Salas
June 3, 2013
Page 4
sufficient nexus, the. offset component violates federal and state constitutional tequiremenis'for
conditions on development.
4. Existing Federal and State Air Quality and GRG Laws Preempt the Offset
Component
The proposed Council.Policy states that the offset component is separate from any
requirements under CEQA or in permits issued by GARB or APCD: But existing federal and
state air quality and GHG laws raise preemption problems with the offset component
a. Preemption Derives from the Federal and State Constitutions. .
Preemption is the legal authority of a higher level of government to supersede a
subordinate government's laws. Federal preemption of state and local laws deripes from the
federal constitution. See U.S. Const. art. VI, _§ 2. State preemption of local laws detives'from.
the state constitution. See Cal. Const. art. XI, § 5(a).
Federal. preemption of state and local laws may occur under three circumstances. First,
express preemption occurs when,the federal law contains an explicit preemption provision.
Ogden Em~tl. Servs. v. City of San Diego, 687 F. Supp. 1436; 1442 (S.D. Cal. 1988). Second,
implied preemption occurs when the "federal legislation may be sufficiently comprehensive to
create the inference that Congress .intended to occupy air en&re field of regulation." Id Third,
conllicYpreemption occurs when a state or local law conflicts with the federal law. Id.
State [reemption of local laws may also occur under three circumstances. The fast
circumstance is when the local law duplicates state law. Abbott y. Ciry ofL.A., 53 Cal. 2d 674;
682-83 (1960). The second circumstance is when the local law contradicts a state law that
expressly occupies the field. Bishop v. City of San Jose, l Cal. 3d 56, 62-63 (1969). The third
circumstance is when the. state occupies a legislative area by implication. Id.
b. The Offset Component's Net Zcro Requirement Is Preempted
The offset component of the proposed Council Policy includes aone-time requirement to
bring an EGF project's GHG emissions to net zero. The offset component would therefore
reduce GHG emissions beyond any-mitigation required by CEQA; the Clean Air Act, Ute
California Global'Wanning Solutions Act (Assembly Bill [ABJ 32), or other federal or state air
quality and GHG laws. Preemption is a problem with all these laws, particulazly because GHG
emissions are a global rather than localized issue.
CEQA requires a project to implement feasible mitigation measures to address significant
environmental impacts. Cal. Pub. Res. Code § 21002. CEQA does not require feasible
mitigation measures for environmental impacts that aze less than significant. Id § 2i 100(b)(3);
Cal. Code Regs. tit. 14, § 15126.4(a)(3); accord San Franciscans for Reasonable Grow[h v. City
Mayor Cox and Council Members Aguilar, Bensoussan, Ramirez, and Salas
June 3; 2013
Page 5
& County of SF., 209 Cal. App. 3d 1502, 1 ~ 17 (1989): CEQA also does hot.require reducing air
quality or GHG emissions from a project to net zero. See Cal. Code Regs..tit .14, § 15064.4.
CARB and APCD require projects to implement certain measures to comply with federal,
state, and local, air quality and GHG laws; including the federal Clean Air Act and AB 32. See,
e.g., 42 U.S.C. §§ 7401-7671q; Cal. Health ~ Safety Code §§ 38500-38599. None oftliese'laws
.require reducing air quality or GHG emissions from a projectto net zero..
The preemption problem is especially clear for AB 32, which the California legislature
adopted as a comprehensive program to regulate GHG emissions. The legislative findings and
declarations for AB 32 state: "It is the intent of the Legislature that the State Air Resources
Board design emissions reduction measures to meet the stateivide emissions limits for
greenhouse gasses established pursuaut to this division ...." CaL Health & Safety Code
§ 38501(h). The legislative findings and declarations also state: "National and international
actions are necessary to fully address the issue of global warming." Icf. § 38501(c): The
legislative findings. and declarations do not mention any need for actions bymunicipalitics. See
id. §.38501.
The legislative findings and declarations, along with CARB's significant set of
implementing regulations, demonstrate that the state has occupied'the field of GHG regulation by
implication, if not expressly. See fcl ;Cal. Code.Regs: tit.. 17, §§ 95100-96022. (CARB's AB 32
regulations include but aren~t limitedto GHG emissions reporting, cap-and-trade, low-carbon
.fuel standard; refrigerant emissio~is, aird sulfur hexafltioride emissions). AB 32 thus preempts
the proposed Council Policy. from requiring reductions imGHG emissions beyond the
requirements nr "AB 32.
The preemption problem remains unless Chula Vista can make: (1) factual findings on
why a separate offset component is necessary in light of GEQA's mitigation requirements and
GARB'S and APCD's penrut requirements under Glean Air Act, AB 32', or other federal or state
air quality and GHG laws, and (2) legal findings on why the separate offset component is not
preempted by existing federal and state air quality and GHG laws. Without these findings; the
offset component risks invalidation based on preemption.
Thank you for considering'these comments on the legal deficiencies in the offset
comlonent of the proposed Council Policy. SDG&;E continues to recommend Version 3 of the
proposed Council Policy, which does not include an offset component. Version 3 of the
proposed Council Policy will ensure that Chula Vista protects the environment; public health,
and safety when siting EGFs, especially given the existiug enyironmentafprotections under
CEQA and federal and state'air quality and GHG laws.
Mayor Cox and Council Members Aguilar, Bensoussan,,Ramirez, and Salas
June 3, 2013
Page 6
Please contactme at 619-696-2476 or <akripke@semprautilities.com> if you have
questions.
Sincerely,
Adrianna B. Kripke
Senior Counsel
San Diego Gas & Electric Company
cc: Ed Batchelder; City of Chula Vista, Advance Plarming Manager
Stan Donn, City of Chula Vista, Senior Planner
Glen Googins, City of Chula Vista, City Attorney
Donna Norris, City of Chula Vista, City Clerk
Claudia Valenzuela, SDG&E, Public Affairs Manager
• ~}~