HomeMy WebLinkAboutOrd 2013-3279 ORDII�'.ANCE NO. 3279
ORDI?�'ANCE OF THE CITl' OF CHUL.A VIST.A AI�IENDING
CERTAIN SECTIONS OF TITLE 19 (ZONI2�'G ORDi2�'ANCE)
OF THE CHULA VISTA MUI�'ICIPAL CODE ESTABLISHII�'G
REQliIREn4Ei�'TS :A�\'D REGULATIONS FOR THE SITII�'G OF
ELECTRICAL GENERATIi�'G FACILITIES �'ITHII�' THE
CITY OF CHULA V1STA
\VHEREAS_ the Cit�� of Chula Vista promotes the use of conservation technoloeies and
sustainabilih� practices that reduce or eliminate the use of non-rene�rable resources, includine
non-polluting and rene���able ener�� as em�isioned in the Chula Vista General Plan (GP), Land
Use and Transportation Element Chapter 4, Theme � "Health� and Sustainable Em�ironmenr';
and
��'HEREAS; it is an objecti��e of the GP Environmental Element - E 6 to "Improve local
air qualih� by minimizine the production and emission of air pollutants and to�ic air
contaminants, and limit the exposure of people to such pollutants`; and
V�'HEREAS. policies E 63, 6.4, 6S, 6.6, 6.12, and 6.1� stipulate the importance of
impro��ing air qualit��, and minimizine dependency on fossil fuels and e�posure of sensitive uses
to toxic air contaminants from (generall�� fossil-fuel based) facilities such as Electrical
Generating Facilities (EGFs): and
WHEREAS, in Februar�� 2010, the Citv Council directed staff to prepare amendments to
the GP and Zoning Ordinance related to the establishing of requirements and reeulations for the
sitine of EGFs: and �
�VHEREAS, the Development Services Department initiated a re��ie�� of the Cih�'s GP
and Zoning Ordinance to determine ���hat sections needed to be amended; and
�VHEREAS. the De��elopment Services Department con��ened a team consistine of
interested members of the orieinal 200� Chula Vista General Plan Update (GPU) Environment,
Open Space. and Sustainable Development Subcommittee (the "EGF l�'orking Group '); and
VdHEREAS. the Development Sen�ices Department and the EGF R'orkine Group ha��e
���orked together to de��elop reeulations and sitine criteria for EGFs �rithin Chula Vista including
drafrin� a new EGF Council Policv to address the sitin, of EGFs (the "Projecr`); and
\VHEREAS, the Development Sen�ices Department also con��ened a team consistine
members of the industn� and business communit�� (`Industry �1'orkin� Group") to solicit input on
the draft reeulations and EGF Council Polic}� to sain a balanced perspective; and
\1�HEREAS, the Development Sen�ices Department con��ened a joint meeting �vi[h the
Industry �1'orkine Group and EGF R'orkine Group ("Joint �4'orking Group") to revie��� the draft
reeulations and EGF Council Polic��: and
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WHEREAS, the Project represents the collective efforts or the Development Services
Department and the EGF Joint Working Group, and provides necessary criteria and regulations
for the siting of EGFs «-ithin the Cit}� 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
within the City of Chula Vista, and implements the Vision, Goals, Objecti��es and Policies of the
Chula Vista Land Use and Transportation and Environmental �lements; 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 possibilit}� that the activity; adopting a General Plan amendment and Zonino 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 esist. Therefore, pursuant to Section 1�061(b)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no em�ironmental review
is required. Although environmental revie�v is not Required for the General Plan Amendment
and Zoning Code change; en��ironmental revie�v will be required for any Energy Generating
Facilities that are proposed as part of the conditional use perniit 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 sitine of
EGFs ���ithin the City of Chula Vista. �
I�iOW. THEREFORE, BE IT ORDAINED that the Citv Council of the Ciri� of Chula
Vista does hereby find and detennine as follo�vs:
Section l. Em�ironmental Determination
There is no possibilitv the proposed Amendments activity, adopting a General Plan
amendment and Zoning Code amendment may have a significant effect on the em�ironment
because the new General Plan policy and 'Loning Code provisions will result in more stringent
requirements for locating an Ener�}� Generating Pacility than currently exist. "Cherefore, pursuant
to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no environmental revie�i� is necessar}�. Although environmental review is not necessary for the
General Plan Amendment and Zoning Code change, em�ironmental review will be required for
any Gnergy Generating Facilities that are proposed as part of the conditional use permit
evaluation for that specific project. The Cit}� Council further finds that no further environmental
revie���is required.
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Section II.Consistenc�� ���ith General Plan
That the appro��al of the proposed amendments to Chula Vista n9unicipal Code Title 19
are consistent «ith and follo« the eoals. objecti��es, and policies of the Chula Vista General Plan
because the proposed amendments, in accordance ��ith the GPU, provide clear and
comprehensive reQulations for the sitine of EGFs �vithin the Cin of Chula Vista, �ahich will help
to improve air qualit�•, and minimize dependenc}� on fossil fuels and ezposure of sensiti��e uses to
tozic air contaminants from (eenerall}� fossil-fuel based) EGF facilities.
Section III.
BE IT FURTHER ORDAI�TED. that the Cit�� Councii of the Cit�� of Chula Vista does
hereby approve an ordinance of the Cit}� of Chula Vista amendine Chula \'ista Municipal Code:
Title 19 (Zoning Ordinance) Chapter 19.04 (Definitions), 19?2 — 19.28 (Residential Zones),
19.30 — 19.40 (Commercial Zones), 19.44 — 19.46 (Industrial Zones), 19.47 (Public/Quasi Public
Zone). 19.48 (Planned Communitp Zone). and 19.�8 (Uses) for the reQulatin� and sitine of EGFs
as follo��=s:
Chapter 19.04
1. Amend Chula Vista Municipal Code Chapter 19.04 Definitions section to add section
19.04.089-Electrical Generating Facilities b�� sub-n�pe and add descriptions of each of the
subtypes in 19.04.089.
19.04.089 Electrical eeneratine facilities:
A. Base load facilit��
B. Peal:ine facilitv
C. Pri��ate facilit��
D. Back up & Emergency facilitv
E. Residential-level facilit�=
19.Od.089 Electrical generating facilities.
"Electrical aeneratine facilities ' is a collective term of reference for each of the follo���ins
indi��idually defined sub-tvpes: �
A. Base Load Facilih•
A "Base Load Facilih� ' means an electrical eeneratina facilirv that is intended to run
constantl�� at near capacit�� le��els. This sub-type includes generating facilities that
transmit electricity over transmission or distribution po���er lines usine the public ri�ht of
���a�� and im�estor-o���ned utilih� transmission corridors rieht of wa��. Base Load Facilities
sen�e multiple meters be}�ond the immediate contiguous parcels on «hich the facility is
located.
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B. Peaking Facilih�
A "Peaking Facilit}� ' means an electrical generating facility that is used to produce estra
electricit�� durin2 peak load times and is permitted to operate not more than 4,000 hours
per year. This sub-type includes generating Facilities that transmit electricity over
transmission or distribution po���er lines using the public right of way and in��estor-owned
utility transmission corridors. Peaking Facilities serve multiple meters beyond the
immediate contiguous parcels on which the facility is located.
C. Private Facilitv
A "Private Facility'' means an electrical generating facility that, regardless of fuel or
energy source, is operated by a private property o���ner or lessee, and �vhose function is the
provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on ���hich
the facility is located or serves. The associated power load shall generally be up to Z�
mega ���atts, or as determined by applicable State or other codes. A Private Facility can
include District Heat R PoN�er, and Combined Heat R Po�ver types as defined in the
City's Electrical Generating Facilities (EGF) Policy.
D. Backup and Emergencp Facility�
A '`Backup and Emergency Facility' means an electrical generating facility that is
operated only during the interruption of electrical sen�ice from the distribution system or
transmission grid due to circumstances beyond the operator's control.
E. Residential-Level Facility
A "Residential-Level Facilit}%' means an electrical generating facility whose function is
the provision of electriciq� to seme an individual private residential d�i�elling unit(s).
2. Amend Chula Vista Municipal Code 19.04 Definitions section 19.04.190 to add "Public-'
to "Quasi- public ' and e�pand the description of 19.04.190 Public/Quasi Public uses
19.04.190 as follows:
19.Oa.190 Public/Quasi-public.
"Public/Quasi-public" means used as public or seemingly public. For the purposes of this title,
electrical substations, electrical eenerating facilities as defined in CVMC 19.04.089(A), (B), (C)
and (D) only, ���ater or H�astewater treatment and storage facilities, education, civic, government
ortices, or other �uunicipal, public agency 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
1. Amend section 19.22.030 to add Residential-Level `'Electrical Generating Facilities" as
follo���s:
19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached d«�ellin� on each lot or parcel;
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B. Crop and tree farmin�.
19.22.030 Accesson� uses and buildi�gs.
I. Residential-level Electrical Generating Facilities, as defined in C\'MC 19.04.089(E). The
siting and establishment of a Residential-Le��el Facilitv shall be subject to and go��emed
bv Chula Vista A4unicipal Code Chapter 1>.
Chapter 19.24 R-1 — SINGLE-FA�1ILl' RESIDENCE ZONE
1. .lmend section 19.24.030 to add Residential-Lerel "Electrical Generatine Facilities" as
follows: �
19.24.020 Permitted uses.
Principal permitted uses in the R-1 zone include:
A. One sin�le-famil�� d���elline on an�� lot:
B. Factor}�-built home/mobilehome on an} lot, subject to the provisions of CVMC 19.�8.14� and
19.�8.330:
C. All portions of the d�ti�ellina, facton�-built home or mobilehome used for living or sleepine
purposes shall be attached by common walls;
D. Large familv day care homes, subject to the provisions of CVMC ]958.147.
19.2�.030 Accesson� uses and buildings.
I. Residential-level Electrical Generating Facilities. as defined in CVMC 19.0�.089(E). The
siting and establishment of a Residential-Level Facility shall be subject to and eo��emed
bv Chula Vista A4unicipal Code Chapter 1�.
Chapter 19.26 -2 — ONE- A1VD T�VO-FAA7[LY RESIDENCE ZONE
1. Amend section 19.26.030 to add Residential-Level "Electrical Generatins Facilities" as
follo�vs:
19.26.020 Permitted uses.
The follo���ine are the principal permitted uses in an R-2 zone:
A. One sinele-familv d�+�elline on am� lor.
B. One duplex or two-famil��d���elling on any lot;
C Attached sinele-famil�� d���ellina units:
D. D��elling groups, subject to the pro��isions of CVA4C 19.�8.130;
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E. Other accessor}� uses and accessorv buildings customarily appurtenant to a permitted use.
subject to the requirements of CVMC 19.�8.020;
F. Agricultural uses as provided in CVMC 19.16.030.
19.26.030 Accessory uses and buildings.
D. Residential-leve] Electrica] Generating Facilities, as defined in CVMC 19.04.089(E). The
sitine and establishment of a Residential-Level Facility shall be subject to and govemed by
Chula Vista Municipal Code Chapter 1�.
Chapter 19.28 R-3 — APARTA'IENT RESIDENTIAL ZONE
l. 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 Generating Facilities, as defined in CVMC
19.04.089(C) and (D), and subject to the follo�i�ing standards:
I. Private: The standards prescribed in CVMC 19.�8.14?(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
I. Amend section 19.30.030 to add "Electrical Generation Facilities' as follows:
19.30.030 Accessory uses and buildings.
D. Private and Back Up and Emergency 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.�8.142(E)
2. Back Up and Emer�ency: The standards prescribed in CVMC 19.58.142 (F)
Chapter 19.34 C-N — NEIGHBORHOOD COMMERCIAL ZONE
1. Amend section 1934.022 to add "Electrical Generation Facilities" as follows:
19.34.022 Accesson� uses and buildings.
M. Private and Back Up and Emereency Electrical Generating Facilities, as defined in CVMC
19.04.089(C) and (D), and subject to the following standards:
l. Private: The standards prescribed in CVMC 19.58.142(E)
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2. Back Up and Emereencv: The standards prescribed in CVA4C 1958.142 (F)
Chapter 1936 GC — CENTRAL COMMERCIAL ZONE
1. Amend section 1936.022 to add �`Electrical Generation Facilities ' as follo���s:
19.36.022 Accesson uses and buildings.
A. Private and Back Up and Emereenc} Electrical Generatina Facilities, as defined in CVMC
19.04.089(C) and (D). and subject to the follo���ing standazds:
l. Pri��ate: The standards prescribed in CV�4C 19.�8.142(E)
2. Back Up and Emergenc}: The standards prescribed in CVA4C 19.�8.142 (F)
Chapter 19.38 C-V — VISITOR C0�1i17ERC[AL ZONE
1. Amend section 19.�8.022 to add "Electrical Generation Facilities ' as follows:
19.38.022 Accessory uses and buildings.
A. Private and Back Up and Emereencv Electrical Generatina Facilities. as defined in CVMC
19.04.089(C) and (D), and subject to the follo�rine standards:
1. Private: The standards prescribed in CVMC 19.�8.142(E)
2. Back Up and Emereenc}�: The standards prescribed in CVA4C 19.�8.142 (F)
Chapter 19.�0 GT—THOROliGHFARE C011�1ERCIAL ZO\E
I. rlmend section 19.40.022 to add "Electrical Generation Facilities ' as follo���s:
19.d0.022 Accesson� uses and buildings.
A. Private and Emeraencti� Electrical Generatine Facilities. as defined in CVA4C
19.04.089(C) and (D). and subject to the follo���ing standards:
l. Private: The standards prescribed in C\'n4C 19.�8.142(E)
2. Back Up and Emergenc�•: The standards prescribed in CVMC 1958.142 (F)
Chapter 19.�4 I-L— LIn4ITED INDUSTRIAL ZONE
1. Amend section 19.44.030 and 040 to add "Electrical Generatins Facilities' as follows:
19.��.030 Accesson� uses and buildings.
I
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F. Private and Back Up and Emergency Electrical Generating Facilities, as defined in CVMC
19.04.089(C) and (D). and subject to the follo��ing 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)
19.44.040 Conditional uses.
The following uses shall be pennitted in the 1-L zonc; provided, a conditional use permit is
issued in accordance with the provisions of CVMC ]9.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14A�0 through 19.14.090:
O. Unclassified uses; as set forth in Chapter 19.�4 CVMC;
P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. Conditional use
permit applications for the establishment of hazardous N�aste facilities shall be considered by the
Citp 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 ���ith CVMC 19.14.070(B).
Q. Baseload and Peaking Electrical Generating Facilities, as defined in CVMC 19.04.089(A)
and (B) only, and subject to the standards set forth in CVMC 19.58.142.
Chapter 19.46 I — GENERAL INDUSTRIAL ZONE
1. Amend section 19.46.020 to delete "Electrica] generating plants" as follows:
19.46A20 Permitted uses.
Permitted uses in an I zone are as follo�+�s:
C. Brick or pottery manufacturing and stone or monument works;
D. Trucking ti�ards, terminals; and distributing operations;
E. Liquefied natural gas plants;
F. 7�emporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);*
G. Any other use �i-hich is detennined by the Commission to be of the same general character as
the above uses.
2. Amend section 19.046.030 to add "Electrical Generating Pacilities" as follows:
19.46.030 Accessor�y� uses and buildings.
F. Private and Back Up and Emergenc�� Electrical Generating Facilities, as defined in CVMC
19.04.089(C) and (D); and subject to the following standards:
l. Private: The standards prescribed in CVMC 19.58.142(E)
2. Back Up and Emereency: The standards prescribed in CVMC 19.58.142 (F)
3. Amend section 19.46.040 to add "Llectrical Generating Pacilities' as follows:
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19.46.040 Conditional uses.
The followine uses shall be permitted in the 1 zone; provided. a conditional use permit is issued
by the Zonine Administrator in accordance ti�ith the provisions of CVMC 19.14.030(A) or
19.1�.040. as ma�� be applicable. and CVr4C 19.14.0�0 through 19.14.090:
O. Unclassified uses, as set forth in Chapter 19.�4 CVA4C;
P. Hazardous �i�aste facilities. subject to the provisions of CVMC 19.�8.178. Conditional use
permit applications for the establishment of hazardous ��°aste facilities shall be considered b}� the
Cit�� Council subsequent to its receipt of recommendations thereon from the Plannine
Commission, or Chula Vista Rede��elopment Corporation if located �iithin a designated
rede��elopment project area. in accordance �+�ith CVMC 19.14.070(B).
Q. Base-load and Peal:ing Electrical Generating Facilities; as defined in CVMC 19.04.089(A)
and (B) only, and subject to the standards set forth in CVMC 19.�8.142.
Chapter 19.47 P-Q — PUBLIC/QUASI-PUBLIC ZONE
1. Amend sectio❑ 19.47.010 to expand the description of the purpose of the Public/Quasi-
Public zone as follo�rs:
19.47.010 Purpose.
The purpose of the public/quasi-public zone is to pro��ide a zone «-ith uses in appropriate
locations ���hich are maintained by public or publicl}� controlled aeencies such as municipal
and/or countv a2encies. civic. eo��emment offices. education. school districts, utilirv facilities.
and utilit}� companies (e.g., «�ater, eas, electricit}�, etc.), including, but not limited to, uses such
as the count�� landfill. electrical eeneration and transmission. telecommunications. ���ater and
���aste�i�ater treatment and storage facilities. and ��arious ��ater resen�oir sites. The regulations of
this district also provide for the appropriate closure of e�isting landfill sites.
2. Amend section 19.47.040 to add "Electrical Generatin� Facilities as follo���s:
19.47.040 Accesson uses aud buildings.
C. Private and Back Up and Emereenc�� Electrical Generatine Facilities, as defined in CVA1C
19.04.089(C) and (D), and subject ro the follo�vine standards:
1. Pri�-ate: The standards prescribed in C\'A1C 19.�8.142(E)
2. Back Up and Emereenc� : The standards prescribed in CVA4C 19.�8.142 (F)
3. Amend section 19.47.040 to add "Electrical Generatine Facilities" as follo���s:
19.�7.040 Conditional uses.
The follo«�ina uses shall be permitted in the P-Q zone; pro�•ided, a conditional use permit is
issued bv the Zonine Administrator in accordance with the pro��isions of CV�4C 19.14.030(A) or
19.14.040; as ma�� be applicable, and CVn4C 19.14.0�0 through 19.14.090:
J. Unclassified uses. as provided in Chapter 19.�4 C\'n4C:
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K. Hazardous «�aste facilities. subject to the provisions of CVMC 19.�8.178. 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 CVA�IC 19.14.070(B); and
L. Electrical Generating Facilities, as defined in CVMC 19.04.089(A) (B) only, and subject to
the standards set forth in CVMC 19.�8.142.
4. Amend section 19.47.060 to add siting standards ror "All electrical generating facilities'
as follo�i�s:
19.47.060 Siting standards.
The following standards shall govern the siting of facilities in the public/quasi-public zone:
A. All solid ���aste management operations ���ithin the P-Q zone shall comply �i�ith all applicable
federal, state, and local regulations, including regulalions of the State Water Resources Control
Board; the Califomia 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 standards for solid waste management. The distance of such sites to
residences shall be sufticient to permit adequate control of noise levels, odor nuisances, traffic
congestion, litter nuisances and vectors.
C. All electrical generating facilities within the P-Q zone shall comply with the requirements of
CVMC 1958142; and all applicable federal, regional, and local regulations.
Chapter 19.48 P-C— PLANNED COMMUNITY ZONE
1. Amend to add section 19.48.151 "Electrical Generating Facilities" as follows:
19.48.1�1 Electrical Generating Facilitics
Electrical generating facilities within the P-C zone shall comply with the requirements of CVMC
19.�8.142 dependent upon the type of GGF and the type of land use district/zone in which it is
located, and all applicable federal; regional, and local regulations. Residential-Level Electrical
Generating Facilities are permitted ���ithin Residential zones except for "Higher-density'
Apartment Residential zones, as defined in CVMC 19.04.089(E). Private and Back Up and
Emergency Electrical Generating Facilities are Accessory Uses �vithin Apartment Residential,
Commercial, Public/Quasi-Public, Limited Industrial, Industrial, and Mixed-Use zones, as
defined in CVMC 19.04.089(C) and (D) only. Baseload and Peaking Electrical Generating
Facilities are permitted ���ithin Public/Quasi-Public, Limited Industrial and Industrial zones with
a conditional use permit, as defined in CVMC 19.04.089(A) and (B) onl}'.
Chapter 19.�8 USES
1. Amend to add section 19.58.142 '`Electrical generating facilities" and provide siting
criteria and standards For each sub-type of EGr as follo�vs:
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19.�8.142 Electrical eenerating facilities.
A. The purpose of this section is to provide standazds for the sitine and establishment of the
various sub-tvpes of electrical eeneratine facilities in anv zones in ��°hich the�• aze permitted
subject to issuance of a conditional use permit or as an accesson� use, except for Residential-
Le�el Facilities. Anv of the electrical seneratins facility sub-n�pes to be permitted must be
found to be in compliance �vith the follo���ing standazds and the Cit}�`s "Electrical Generating
Facilities Policy` and associated tables. as applicable to the particular sub-t��pe. as ���ell as any
other local, regional. state and federal standards that aze othern�se applicable to the facilit�.
A. For the purposes of this section, electrical 2eneratine facilit�� includes the followins sub-
n�pes of po�ver facilities «�hich are further defined in CVMC 19.04.089: Base Load
Facilit��; Peal:ine Facilin�; Private Facilit�: Back Up R Emergenc}� Facilih; and
Residential-Le��el Facilin�.
B. The siting and establishment of a Base Load Facilit}� shall be subject to the follo�ving
standards:
1. The facility shall be limited to Natural Gas or Non-Fossil Fueled. Nucleaz plants
are prohibited as defined by the Cit}�'s "Electrical Generatine Facilities Polic��."
2. The facility shall be a minimum of 1:000 feet from onlv the follo���ine specifically
identified sensiti��e receptors: residential communities; schools, hospitals, nursine
homes or elder care facilities. residential caze facilities, and child care centers as
defined b�� the Cih�`s "Electrical Generatina Facilities Policv." Measurement of the
1;000 foot minimum shall be made from the nearest property line of the pazcel on
���hich the nearest sensitive receptor is located; to the location of the emission
source of the proposed EGF.
3. The facilitv shall ha��e an e�ecuted contract ���ith the local utility or City for power
use ���ithin the local Investor 0«ned Utilit�� (e.g. SDGRE) sen�ice territon� or Cin�
as defined b�� the Cit��'s "Electrical Generatine Facilities Polic��."
4. The propert}� shall be surrounded by a solid fence or �valls not less than si� feet in
height consistent ���ith the provisions ofCVMC 19.�8.1�0 and 1958360.
�. The faciliq� shall utilize the best a��ailable control technology and state of-the-art
emissions technolog�� as defined bv the Cit��'s "Electrical Generatin� Facilities
Polic��."
6. The applicant must ha��e obtained required cenification from the local, state or
federal reQulaton� aeencies.
7. All buildings and equipment shall be required to observe the same site development
standards and requirements applicable to the specific zo�e in �vhich the facilit�- is
located, unless othenvise excepied pursuant to CVMC 19.16.040.
8. In combination �vith landscaping, berming and/or other treatments, the facility shall
be desioned to sufficientiv screen the use and reduce to the ma�imum ex[ent
practicable visual effects to neazb�� properties.
9. The applicant shall demonstrate that an�� noise. dust, ��ibrations. and odors
associated �ti�ith the project are in compliance ���ith the requirements of CVA4C
19.66.
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l0. The sound pressure le��els generated b}� all equipment and uses shall not eaceed 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
Generating Facilities Policy."
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 standards, 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 upgrades need to be made, the extent and timing of said upgrades shall be
determined by the City in consultation �vith 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
revie�i� 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
standards re��iew in accordance with the City's latest Fee Schedule. .
C. The sitin� and establishment of a Peaking Facility shall be subject to the folloH�ing
standards:
1. The standards prescribed in CVMC 19.�8.142(C) 1-li abo��e.
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 revie�i� for standards compliance and potential BACT upgrades under
CVMC ]9.58.142(C)13.
3. Minimum distance from sensitive receptors shall be determined pursuant to the City's
"Electrical Generating Facilities Policy."
4. The facility shall be ]ocated within a fully enclosed structure, eacept for wind, solar
or other renewables �i�here enclosure is impractical.
E. The siting and establishment of a pemianent Back Up & Emergency Facility of 50
horsepower or greater shall be subject to the following standards:
l. The standards prescribed in CVMC 19.58.142(E) 1-2 above.
G. The siting and establishment of a Residential-Level Facility shall be subject to and
governed by Chula Vista Municipal Code Chapter 15.
Section IV. Se��erabilih�
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 deeined severable, and sudi 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 circumstancc. The City Council of the City of
Ordinance No. 3279
Pa2e 13
Chula Vista herebv dedazes that it �vould ha��e 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 dedared im�alid. unenforceable or unconstitutional.
Section V. Construction
The Cit�� Council of the Cin� 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
lieht of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day afrer its final passa�e.
Section VII. Publication
The Cit�� Clerk shall certifi� to the passaee and adoption of this Ordinance and shall cause
the same to be published or posted according to la�v.
Presented bv Appro��ed as to fortn bv
� ' ,
� �
Kelly G. ghton, FASLA Glen R. Gooeins ( �
Director of De��elopment Services Cit� Ak ttorne}� \�
��
�
Ordinance No. 3279
Paae 14
PASS�D, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of November 2013. by the following vote:
AYES: Councilmembers: Aguilar, Salas and Cox
NAYS: Councilmembers: Ramirez
ABSENT: Councilmembers: Bensoussan
Cheryl Cox, M �or
ATTEST:
Donna R. Norris, CM , it}�
STATE OF CALIFO[ZN1A )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 3279 had its first reading at a regulaz meeting held on the 15th day of October
, 2013 and its second reading and adoption at a regular meeting of said City Council held on the
19th day of November 20li; and was duly published in summary form in accordance with the
requirements of state la��� and the City Charter.
�1�'ii.�t�� 70%3 /���k.t�c. ]�i/�'��
Dated Donna R. Norris, CMC, City Clerk