HomeMy WebLinkAbout2013/11/19 Item 04 i
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O R D IN A N C E O F T H E C I T Y OF CH liLA��?�%�ENDIIv G I
CBRT_AIN SECTIONS OF TITLE 19 (ZOI�]ING ORDINANCE) I
OF THE CHULA VISTA ivfUNICIPAL CODE ESTABLISHRvG
REQUIRE_�viEN I'S :4ND REGliLATIONS FOR THE SITI?VG OF
ELECTRICAL GE?�TERATING FACILITIES W"ITHIN Tf�
CITY OF CHLJLA VISTA.
WHEREAS, the City of Chuta Vis� promotes the use of conservarion technologies and �
sustainability practices that reduce or el:minate the use of non-*enewable resources, includin� I
non-polludng and renen�zble enerey as envisioned in tze Chula ��ista General Plzn (GP); Land
Use znd Transpoi'ation Element Ch2pter 4, Theme > `'Healthy znd Sustainable En���ronment";
and
�VHEREAS, it is an objective oi the GP Environmentai Element=-E 6 to "Lz?orove local
air qnality by m;nimi�ing the pioducrion and emission of air pollutants and toxic air
contaminants,and limit the exposure of people to such pollutants."; and '
�'JHEREAS, policies E 63; 6.4, 6S, 6.6, 6.12, and 6.1� stipulate the ;mportance of
improving air quality, and rr ��mizing dependency on fossil fuels and e�cposure of sensiuve uszs '
to tmcic air contaminants from (generzlly fossil-fuel based) facilities such as Electrical
Generatiug Faciliries (EGFs); and
�VHEREAS, in February 2010, the City Council d',rected stzff to prepzre ar.tendmenu to -
the GP and Zoning Ordinance related to the establishing of requirements and rea lations fo*the �
si�ing of EGFs; and
WHEREAS, the Deve!opment Ser�ices Department initiated a review of the City's GP
and Zoning Ordinance to defermi�e whai sections needed to be zmended; and
�T,'HEREAS, the .Deve?opment Senices DeparEment convened a tea,n consisting of
interested members of the orieinal 200� Chula Vista General Plan Update (GPI� Envsonment,
Open Space, and Sustainable Developrzent Subcommittee (the"EGF VJorking Group'); and
VJHEREAS, the Development Seivices Departmen# and flle EGF Working Group bave
worked togefl�er io develop regtladons and siting criteria for EGFs within Chula Yista inetuding
drafring a new EGF Council Policy to address the siti.:ng of EGFs (the "Project"); and I
WHEREAS, the Develoncaent Services Department also convened a team consisting i
members of the industry and business community ("Industry�iorking Group") io solicit input on :
the draft reguiations ar.d EGF Counczl Policy to gain a balanceci perspective; and �
���HEREAS, the Development Services DeparRnent convened a joint aieeting with the
Industry Working Group and EGF Worl:ing Group ("Joint Working Group") to re�iew the d*aY
regulations and EGF Council Policy; and
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WHEREAS, the Project represents the collective efforts of the Development Services
Depaztment and the EGF Joint Worlcing Group, and provides necessaiy 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 clear and comprehensive guidance and regulations for the siting of EGFs
withiu the City of Chula Vista, and implements the Vision, Goals, Objectives and Policies of the
Chu1a Vista Land Use and Transportation and Environmental Elements; and
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WHEREAS, the Development Services Director has reviewed the proposed Amendmen:s
for compliance with die California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity, adopting a General Pian 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 sh-ingent requii-ements for locating an
Energy Generaring Facility than cun�ently exist. Therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines flie activity is not subject to CEQA. Thus,no enviironmental review
is required. Aithough environmental review is not Required for Yhe General Plan Amendment
and Zoning Code change, environmental review will be required for any Energy Generating
Facilities that are proposed as part of the condifional use permit evaluation for that specific
project; and
WHEREAS, the Resource Conservation Commission (RCC), upon review of the Project
i 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 tl�e Project; and �
' WHEREAS, the Plazuung 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 establisluug regulations and requirements for the siting of
EGFs within the City of Chula��ista.
NOW THEREFORE BE IT ORDAINED that the Ciry Council of the City of Chula Vista
does heeeby find and determine as follows:
Section T. Environmeutal Determinntion
There is no possibility the proposed Amendments activity, adopting a General Plan
amendment and Zoning Code amendment may have a significant effect on the enviroiunent
because the new General Plan policy and Zoning Code provisions will result in more stringent
reqi:u•ements for locating an Energy Generating Facility than cun�ently exist. Therefore, pursuant
to Section 1�061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thes,
no environmental review is necessary. Although environmental review is uot necessary for the
General Plan Amendment and Zoning Code change, envuonmental review will be required for
any Energy Generating Facilities that are proposed as part of the conditional use peimit
evaluation for that specific project The City Council fiu-ther finds that no furthei environmental
review is required.
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Section II.Consistency cvifh General Plan
Thzt the anprova! of the p*oposed amendnen`s to Chul2 Vista DZunicipal Code Title 19
aze consistent with znd follow the goats, objecrives, and policies of the Chula Vista Generai Plan
because the proposed amendmenu, in accordance H�th the GPU, uro��ide clzar znd
comprehensive reeulations for the siting of EGFs �tithin the City of Chula V'ista, w-hich will help
to improve'air quality, and minimize dependency on fossIl fuels and exposure of sensi�ive uses to
toxic au•contaminants from (generlly fossil-fuel based) EGF facilities.
Secfion III.
BE IT FURTHER ORDAII�TED, that the Ciry Council of.the City of Chula Visca does
h0reby approve an ordinasice of the City of Chula Vista amending Chula Vista Municipal Code:
Title ]9 (Zonino Ordinance) Chapter 19.04 (Definitions), 19.22 — 19.25 (Residentizl Zor_es),
1930— 19.40 (Commercial Zones), �9�4— 19.46 (Industrial Zones), 19.47 (Public/Quzsi Public
Zone), 19�S (Plan:�ed Community Zone), and 19.SS (Uses)for the regulating and sitir�g of EGFs
2s foilows:
Chapter 19.04
1. Amend Chula Vista Municipal Code Chapter 19.04 Definitions section to add sectioa
19.04.089-Flectrical Generating Facilities by sub-type and add descriptions of each of�he
subtypes in 19.04.089.
19.04.089 Electricai eene:�xtin2 facilities: �
A. Base !oad facilitv
B. Peakina facilitv �
C. Pm�ate facilitv �
D. Back un &Emereencv facilitv - ' �
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E. Residential-level facilitv
19.04.OS9 Electrical �eneratinS facilities.
"Electrical 2enerafin¢facilities' is a collective terrn oP reference for each of the followine
ir.dividuallv defined sub-ri•Des:
A. Base Load Facilitp
A"Base Load Facilirv" means an elecfrical eenerar.n¢facilitv thzt is intended to run
constantiv 2t neaz capacitv levels. This sub-twe includes eenerarine fecilities chat
transmit electricitv over transmission or dis*.ribution power lines usina the ouolic reht of
wav and investor-owned utilitv transmission corridors ri¢ht of wav. Base Load Facilities
serve mul5ple meters bevond the immedizte contiQUOUS�azcels on which the faciliiv is
3ocated.
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B. Peal:ing RaciIity
A "Peakin�Facilitv"means an electrical generating facility that is used to nroduce extra I
electricitv dmzna peak load times and is qermitted to operate not more than 4,000 hours i
per veaz. This sub-type includes generatinQ facilities that transmit electricitv over
transmission or distribution power lines usin�the public iti�ht of wav and investor-owned �
utitit�iranssrussion corridors. Peakin� Facilities seive multiple meters be o�nd the .
immediate contiQUOUS oarcels on whicli the facilitv is located.
C. Private Facility
A "Private Facilitv" means an electrical generating facility that,regardless of fuel or
enerav source, is operated bv a orivate�ropertv owner or lessee, and whose function is the
�ovision of electricitv to the permitted use(s) on a sinele or adioinin2 parcel(sl on which
the facilitv is located or serves. The associated power load shall ¢enerativ be uo to 2�
mega watts, or as determined bv applicable State or other codes. A Piivate Facilitv can
include Distr-ict Heat &Power, and Combined Heat &Power tvpes as defined in the
Citv's Electrical Generatin�Facilities (EGF) Policv.
D. Backup and Emergency Facility
A "Backup and Emexgencv Facilitv"means an eIectrical �eneraring facilitv that is
operated onl�durin�the interruntion of elech�ical service from the disttibution system or
' transmission psid due to circumstances beyond the operator's control.
E. Residential-LeveI Facilify
A"Residenfial-Level Facilitv"means an elech•ical geneiatin�facilitv whose function is
the orovision of elechlcit�to serve an individual private residential dweil�unit(s).
2. Amend Chula Vista Municipal Code 19.04 Defuiirions section 19.04.190 to add "Public"
to "Quasi- publid' and expand the description of 19.04.190 Public/Quasi Public uses
19.04.190 as follows: -
19.04.190 PubliclQuasi-public.
"Public/Quasi-publid'means used as public or seemingly publia For the pwposes of this title,
electrical substations, electrical ¢eneratin¢facilities as defined in CVMC 19.04.089(A). (Bl, (C)
and (Dl onlv, water or wastewater treatment and stora�e facilities, education, civic, �oveinment i
offices, or other municipal. nublic aeencv or utilitv facilities, and others as Iisted in CVMC 79.47 I
shall be considered public/quasi-public uses, of a public setvice type. I
Chapfer 19.22 R-E—RESIDENTIAL ESTATES ZONE �
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1. Amend section 19.22.030 to add Residential-Level `Blectricai Generating FacIlities" as i
follows: �
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19.22.020 Permitied uses. �
Principal.peimired uses in the R-E zone inciude: � -
A. One single-fanuly detached dwelling on each lot or pa��cel; ;
B. Crop and tr•ee farming. �
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19.22.030 Accessor}• uses and buildings. I
I. Residential-level Electrical Generatin� Facili�es, zs defined in CV'MC 19.0?.039(�l. The
sitina and establishment of a Residential-Level Facilit�,•shall be subiect to and eovemed
bv Chufa Vista Municipal Code Chapier 1�.
Chapter 19?4 R-1 —SIl\'GLE-FANIII,Y RESIDEl�'CE ZONE
1. Amend section 19.24.030 to add Residea�tial-Level "Eleceical Crene*ating Faci!ities` as
folows: �---
19.24.020 Permitted uses.
Principal permitted uses in the R-1 zone inciude:
A. One single-family d��elling on any lot;
B.Factory-built homelmobilehome on any lot, subject to the provis:ons of CVMC 19.58.145 aad
19.58330;
C. All portions of the dwelling, factory-built home or mobilehome ued for living or sleeping !
pmposes s6all be zttached by common walls; �
D. Laz•ge family day care homes, subject to the provisions of CV2�4C 19.58.147.
_ 19.24.030 Accesson� uses and buildings.
I. Residentizl-level Electrical Generatin2 Facilities, 2s defined in CVMC 19.04.OS9(E).The �
si6ne and establishment of a Residential-L,evel Facilitv shall be subiect to and eoverned �
bv Chula Vista Municipai Code C�apter 15.
Chapter 19.26-2— ONE-AND TWO-FAMILY RESIDENC� ZONE
1. Amend section 19.26.030 to add Residential-Level`Blecfrical Generatine 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 dup!ex or two-family dwelling on any lot;
C. Attzched single-family dw�elline units;
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D. Dwelling groups; subject to the provisions of CVMC 19.SS.130; j
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�. 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 Accessmy uses and buildings.
D Residential-level Electrical GeneratinQ Facilities, as defined in CVMC 19.04.089fE1. The
siGn�and establishment of a Residential-Level Facility shall be subject to and aoverned bv
Chula Vista Municival Code Chapter 1�.
Chapter 19.28 R-3—APARTD4�NT I2ESIDENTIAL ZONE
1. Amend section 19.28.030 to add"Electrical Generating Facilities" as follows:
19.22.030 Accessory uses and buildings.
G. Private and Back U�and Emerg,encv Electrical Generatin�Facilities, as defined in CVIvIC
� 19 04 089fC) and (D). and subiect to the followin�standards:
1. Private: The standards prescribed in CVMC 19.58.142fE1. i
2. Back Up and Emergency: The standazds presciibed 'm CVMC 19.58.142 (F). !
Chapter 19.30 C-O —ADD4INISTRATIVE AND PROT�SSIONAL OFFIC� ZONE
1. Amend sec6on 1930.030 to add"Electrical Generation Facilities"as follows:
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19.30.030 Accessoty uses and buildings.
D Private and Back Up and EmerQencv Electrical Generatine I'acilities, as defined in CVMC
19.04.089(Cl and (D), and snbject to the followine standards:
1. Private: The sfandazds prescribed in CVMC 19.53.142(El
2. Back Up and Emergency: The standards prescribed in CVMC 19.58.142 (F) �
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Chapter 19.34 C-N—NEIGHBOI2HOOD COMNI�RCIAL ZON� i
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l. Amend section I934.022 to add"Electrical Generation Facilities"as follows: I
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19.34.022 Accessory uses and buildings. �
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n2. Priv�te and Back Uo and Emer¢encv Elec�ical GeneratinQ Faciliries, as defined:n CVMC I
19.04 OS9 C) and (D), and subject to the followin� standards:
1. Private: The standazds prescribed in C�'A4C 19.SS.142(El
2. Bzck Uo and Emer2encv: The standzrds Drescribed in CV VIC 19.SS142 (Fl
Chapter 19.36 GC-CENTRAI. COD'fI�IERCI:II.ZOiV�
1. Anend section 1936.022 to add"Electricai Generetion Facilities"as follows:
19.36.022 AccessorY uses and buildings.
A. Pm ate and Back Uv and Emer¢encv Elechica! Ger.eratine Facilities, as de£ned in CVMC
]9.0� OS9(Cl and (D), and subiect to the followine standards: --`
1. Privzte: The standards prescribed in C��IvIC 19.�5.142(E)
2. Back Up znd Emer�encv: The standards prescribed in CV7vIC 19.�3.1"-.2 (Fl
Chapfer 19.38 GV-VISITOR COAZIIERCIAL ZOl�'E
1. Amend section 19.38.022 to add"Electrical Generadon Faciliies"as follows:
19.38.022 Accessory uses and buildin�s.
A. Private znd Back UD and Enereencv Elec�ical Generatine Facilities. as de�ned in CVMC
- 19 04.039(C) and (Dl, and subiect to the followine standards:
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1. Private� The standards prescribed in CV?�4C 19.58.142(E)
2. Back Uo and Emergencv• The standards prescribed in CVMC 19.58.I42 (Fl
Chapter 19.40 C-T-THOROUGHFARE COR�1_l'IERCL4L ZONE
1. Amend section i9.40.022 to add "Electrical Ger.e:ation Faci!ities"as fo11_ows:
19.40.022 Accesson�uses and buitdings.
A. Private andEmer�encv Etectrical Generatine Facilities. as deuned in CVMG
19 04 089(Cl and (Dl. and subjeci to the followine standards:
1. Ptivate• The staadards presciibed in CVMC 19.58.142(E)
2. Back Up and Emeraencv• Tre standards nrescribed in CVMC 19SS.142 (F1
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Cliapter 19.44I-L—LIMITED INDUSTRIAL ZONE
1. 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 Emeraencv Electrical Generatin2 Facilities, as defined in CVMC
19 04 089(C} an�D) and sublect to the following standazds:
1. Private• The standards�rescribed in CVMC 19.58.142(E1
2. Back Up and EmerQencv: The standards prescribed in CVMC 19.53.142 (Fl
19.44.040 Conditional uses.
The fol]owing uses shall be permitted in the I-L zone; provided, a conditional use pei7nit is
issued in accordance with tl�e provisions of CVMC 19.14.030{A) or 19.14.040, as may be
applicable,and CVMC 19.14.050 through 19.14.090:
0. Unclassified uses, as set forth in Chapter 19.54 CVMC; I
P. Hazazdous waste facilities, subject to the provisions of CVMC 19.58.178. Conditional use
permit applications for the estaUlisbment of hazazdous waste facilities shall be considered by the
, City Council subsequent to its receipt of recommendations thereon from the Planning i
Commfssion, or Chula Vista Redevelopment Corporation if located within a designated
redevelopment project area, in accordance with CVMC 19.14.070(B).
Q Baseload and Peakin�Electrical Generatin�Facilities, as defined in CVMC 19.04.039(Al '
and Bl onlv and subiect to ihe standazds set forth in CVMC 19.58.142.
Chapter 19.46 I—GENERAL INDUSTRIAL ZONE ,
1. Amend section 19.46.020 to delete`Blectrical generating plants"as follows: '
19.46.020 Permitfed uses.
Permitted uses in an I zone az•e as follows:
C. Biick or pottery manufacturing and stone or monument works;
D. Trucking yards, terminals, and distributing operations;
E, �'' ' ' ^^�°-^""^"'�^'^ ^^'' Liquefied natural gas plants;
F. Temporaiy 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. Amer.d section 19.046.030 to add"Electrical Generating Faciliries" as follows:
. 19.46.030 Accesso�y uses and buildiugs.
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F. y Private and Back Up and E�ereencv Electrical Generatin2 Facilities, as de£ned in CVMC
19.04.089fC1 and (Dl, and subiect to the foHo��ine standards:
1. Private: The standazds Drescribed in CVA4C 19.�8.142(E)
2. Back Un and Emereencv: The standazds�rescribed in CVMC 19 58.i42 (Fl
3. Amer.d section 19.46.040 to add "Electrical Genera?ing Facilities" as foltows:
19.46.Od0 Conditional uses.
The following uses shall be permitted in the I zone; provided, a conditional use permit is issued �
by the Zoning Admi*usLrator in accordance with the orovisions of C��IvIC 19.14.030(A) or
19.14.OS0, as may be applicable, and CVMC 19.14.050 thaou2h 19.14.090:
O. Unclassified uses, as set forth in Chapter 19.54 CV2�4C;
P. Hazardous wasie facilities, subject to the pro��isions of CVMC 19.�8.F78. CondironaI use
permit applications foi the establishment of hazazdous waste facilities shall be comridered by the
City Council subsequent to its receipt of recommendations thereon from the Planning
Conmission, or Chula Vista Redevelopment Corporaeon ii located within a des;gnated
redeeelopment project area, in accordance H�th CVMC 19.14.070(B). �
Q. Baseload and Peakine Electrical Generatin2 Faoilities, as defined in CVMC l9 04.089fA1 and
jBl oniv. and subiect to the standards set forth in CV\4C 19.SS.1^2.
Chapter'19.47 P-Q—PUBLIGQUASI-PUBLIC ZONE
1. Amend section 19.47.010 to expand the description of the pnrpose of the Pnblic/Quasi- I
Public zone as follows:
19.47.010 Purpose. �
The purpose ofthe public/quasi-public zone is to provide z zone wi�h uses in zopropriate
?ocatio�vs which aze naintained by public or publiclv controlled. agencies such as municipal
and/or eounty agencies, ci�ic, sovernxnent offices, education, school districts, utility facilities,
and utilin�companies (e.g., wa?er, gas, elechicity, etc.), including, bui not limited to,uses such �
as the county landfilL electrical 2enerarion and transmissiori, telecommunications, water and
wastewater treatment and stora2e facilities, and vazious water reservoir sites. The regulations of
this district also provide for the appropriate closure of existing]andfill sites.
2. Amend section 19.47.040 to add "Electrical Generating Facilities as folows:
19.47.040 Accesson� uses and buildings.
C. Private and Back lip and Emer¢encv Elecuical Generatine Fac�lilies. as defined in CViVIC
19.04.089(Cl and(D). and subjec�to the followine standazds:
1. Private: The standards orescribed in CVI�IC 19.58.142(El
2. Back Up and Emer2encv: The standazds nrescribed in CVMC 19.�8.142 (�
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3. Amend section 19.47.040 to add"Electrical Generating Facilities"as follows:
19.47.040 Conditional uses.
The following uses shall be permirted in ttie P-Q zone; provided,a conditionzl use perniit 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;
IC. 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 iecommendations thereon firom the Planning
Commission;or Chula Vista Redevelopment Corporation if located within a designated
redevelopinent project area,in accordance with CVMC 1914.070(B); and
L Electr-ical Generatin¢Facilities as defined in CVMC 19.04.OS9(Al Bl onlv, and subiect to
the standards set iorth in CVMC 19.58.142.
4. Amend secrion 19.47.060 to add siting standards for"All electdcal 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 i
federal, state, and local regulations, incIuding regu(ations ofthe State Water Resources Control
Board,the Califomia Wasfe Management Board, and the Department of Health Services.
B. The distance from the site to the nearest residential strvcture sball be in compliance widi all of
the state minimum standards for solid waste management. The distance of such sites to
residences shall be sufFicient to permit adequate control of noise levels, odor nuisances,h�affic �
congesuon, litter nuisances and vectors.
C. All elect�ical eeneratina facilities withiu the P-Q zone shall comply with the requirements of
CVMC 19.58 142 and all aqolicable federal, regional, and local i•eeulations.
Chapter 19.48 P-C—PLANNED COMIINNITY ZOiVE
1. Amend to add section ]9.45.151 "Electrica] Generating Facilities" as follows:
19.48.1�1 Electrical Generating Facilities
Electrical eenerating facilities within the P-C zone shall comnly with the requirements of CVMC
19 58 142 deuendent upon the tVpe of EGF and the tvpe of land use district/zone in which it is
located and all avolicable federal regional and local re�ulations. Residential-Level Electrical
Generatine Facilities are permitted within Residential zones except for "Hi�her-densitv"
Apartment Residenrial'zones as defined in CVMC 19.04.089(El Private and Back Un and
Emer�ency Electrical GeneratinQ Facilities are Accessory Uses within Aqaz�tment Residential.
_ Commercial. Public/Ouasi-Publia Limited Industrial.Industrial, and Mixed-Use zones, as
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defined in CVIVIC 19.04.OS9(C) ane(Dl onlv. Baseload and Peakin� Elec�-ica� Geaerziine � -
Facilities are oeivutted witbin Public/Quasi-Publ:a Limited Ind�.�strial and Industria! zones with
a condiuonal use�ermit; as def r.ed in C��IvIC 19.04.089(A) and(Bl onlv,
Chapter 19.�8 USLS
1. Amend to add section 19.�5.1^:2"Electrical generating facilities" and provide sirir:g
criter•ia and sta�dards for each sub-type of EGF as foilow�s:
19.�3.142 Electrical Qeneratine facilities.
A. T"oe ptuvose of this section is to orovide standards for the sitine and establishment o�the
various sub-tvpes of electrical eeneratin¢ facilities in anv zones in which thev aze permitted
subiect to issuance of a condirional use nermit or zs an accessorv use, except for Residential-
Level Facilities. Anv of the electric2l eeneratine facilitv sub-tvnes to be oermitted must be
iound to be in com�liance with the foliowine standazds and the Citv's "�lectrical Generativa
Fecilities Policd' and associated tables, as applicable to the�articular sub-t�,•pe, as we11 as an��
other local, reeional, state and fzderal standards that aze othenvise applicable to the facili?v.
A. For the pu:.poses of this section, electrical 2eneratin�facIlitv includes the follow�_n�sub-
tS�pes of power facilities wnich a�e fia[her defined in CiRvfC 19.04.OS9: Base Load
Facilitv: Peakine Facilirv• Piivate Facilitv: Back Up&Emereencv Facilirv: and
Residential-Level Facilirv.
B. The sitine and es.ablishnent of a Base I,oad FaciliN shall be subiect to the followine
stzndards:
1. The facilitv shafl be limited to Natural Gas or Non-Fossil Fueled. I�'ucleaz olants
aze orohibited as defined bv the Citv's "Elect.ical Gene*atino Facilities Policv."
2. The facilitv shall be a minimum of 1.000 feet from�oniv�e follo�Rno soecificallv
identified sensitive receptors: residential communides. schools. hosoitals. nursine
homes or elder care facilities, residential care facilities. and child care centers as
defined bv the City's "Electrical Generatine Facilities Policv." vleasui•ement of the
1.000'foot minimum shall be made from the nearest propertv line of the narcel on
which the nearest sensitive i�ecepto*is located:to the ]ocation o?the emission
saure° ofthe proposed EGF. '
3. ihe facilitv shall have an executee contract wrth the local utilitv or Cit�ior power
use within the local Investor Owned Utility(e.Q. SDG&El service territorv o:Citv
• as defi.ned bv the Citv's "Electrical GeneratinQ Facilities Policv."
;. The oroneriv shall be surrounded b�� a so!id fence or wzlls not less than sit feet in
he;eht consistent with the nrovisions of CVn4C 19.�81�0 ard 19.58360.
�. The facilitv shall urilize the best available control technolo¢v and stats of-t�e-ar
emissions tectuiolo¢v as defined bv the Citv's "Electrical GenerztinQ Facilities I
Policv."
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6. The apolicant mus±have obtained reauired certification fi�om li'�e loca(, state o* i
federal re�ula:orv a¢encies.
7. All buildin2s and equipment shall be required to obsecve the same site ee�-�loomeet
st2ndarc's and requirements applicable to the specific zone in which the fac:lirv is
located, unless otherwise exce�ted pursuant to CVMC 19.16.040.
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Ordinance
Page 12
S. In combination with landscaqine. berr.iin� and/or other treatments, the faciliN shall
be desiened to sufficiently screen the use and reduce to the maximum extent
�racucable visual effects to nearbv oroperties.
9. The apolicant shall demonstrate that anv noise, dust, vibrarions, and odors
associated with the proiect are in comoliance with the renuirements of CVMC
19.66. �
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10. The sound nressure levels 2enerated by all equipment and uses shall not exceed the
applicable decibel levels oursuant to CVMC Chapter 19.68.
11. The facilitv shall conform to the orovisions for fuel tvoes, offsets, performance
cciteria, and cumuladve considerations as stipulated in the Citv's"Elechical
GenerafinQ Facilities Policv."
l2. All develoument shall be subiect to site plan and architectural aporoval throueh the
Director of Develooment Services.
13. Conditional use permits shall be reviewed everv ten vears ta ensm•e that the facilitv
is operatine in compliance with the required standards and to deteimine whether
ungrades to the best available technoloQV have been or need to be made oursuant to
the process as outlined in section C.6 of the Council EGF Policv. In such instances
that upgrades need to be made the ea�tent and timin�of said uperades shall be
determined bv the Citv in consultation with the appticant or successor, and to the
satisfaction of the Director of Develo�ment Services or his/her desienee. Said
up�•ades shall be made no latei than five yeazs from the determination of ueed. The �
review cvcle shall be¢in from the date that the facilitv is commissioned for i
' ' �eration. The aonlicant or successor shall fund the conditional use permit and/or I
l standards review in accordance with the Citv's latest Fee Schedule. .
C. The sitin2 and establishment of a Peal<in¢Facilitv shall be subiect to the fo]lowine
standards:
1. The standards orescribed in CVMC 19.58.142(Cl 1-13 above.
D. The sitin� and establislunent of a Privafe Facilitv shall be subiect to the followi�
standards:
1. The stazidazds prescribed in CVMC 19.58.142(C) 5-12 above.
2. The periodic review for standards comoliance and potential BACT u�arades under
CVMC 19.53.142(C)13.
3. Minimum distance from sensitive receptors shall be deteimined pursuant to the Citv`s
"Electrica] Generatin�Facilities Policy_
4. The facilitv shall be located within a fullv enclosed structure, except for wind, solar
or other renewables where enclosure is impracticai. I
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E. The sitin�and establishment of a ueimanent Back Up'& Emeroency Facilitv of 50 I
horsepower or 2reater shall be subiect to the followin� standards:
I. The standards prescribed in CVMC 19.58142B1 I-2 above.
G. The sitin¢ and establishment of a Residential-Level Facility shall be subiect to and
govemed bv Chula Vista Municipal Code Chapter 15.
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Section IV. Severability
If any portion of this Ordinance, or iu applicabon to any pe:son or circemscznce, is fo= '
any reason held to be invalid, unerforceable or unconstiturional, by a court of competent
jurisdiction, that ponion shall be deemed severable, and such invalidiry, uner:forceability or
nnconstit�tionality shall not affect the validity or enforceability o=ihe remaining portions of the
Ordinance, or its appiication to any ofhe*person or c'ucumstance. The Ciry Counc;l of the City of
Chula Vista hereby declares that it would have adopted each secron, sentence, clause o* phr2se
of this Ordinance, ir;espective of the fact thaz any one or more other sections, sentences; clauses
or phrases of the Ordinance be declazed invalid,unenforceable or unconstimtional.
Section V. Coustruction
The Cirv Councii of the City of Chula Vista intends this Ordinance to suoplemer,t, not to
duplicate or coniradici, applicable st2te and federal law and this Ordinance shall be consuved in
lght of that intent. __
Section VI.Effective Date
This Ordinance shall take effect and be in force on the tlurtieth day afrer its final passage.
Section VII. Publication �
The City Clerk shall certify to the passage.and adoption of this Ordinance and shatl cause
the sane to be p�ablished or posted according to law.
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Presented By: Approved as to forai by:
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Gary Halbert, PE, AICP / G1en R. Go '
Assistant Cih�D4ana�er/ �Z City Attorney
D'u•ector of Development Services
7:1.AttomevlFINAL RESOS\2013\OS 28 1:\Ord-ReTit1e19Amends-b 4 13-FINAL.doc
5/20/20li 3:;9 Plvi
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