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Ordinance No. 1207ORDINANCE NO. 1207 AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON TO ESTABLISH A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND COGENERATION FACILITIES, EXCEPTING SOLAR POWER FACILITIES WHEREAS, section 26.4.1-3 of the Vernon Municipal Code authorizes any use in the General Industry (I) Zone if the use is not specifically authorized by section 26.4.1-2, or specifically prohibited by sections 26.4.1-4, 26.4.1-5, or 26.4.1-6; and WHEREAS, section 26.4.1-3 of the Vernon Municipal Code expressly includes "generating facilities, power plants, [and] cogeneration facilities" (collectively "Power Facilities") as among those uses that may be permitted in the city with the issuance of a conditional use permit; and WHEREAS, Power Facilities that are not owned by a privately owned utility or by a municipality ("Private Power Facilities") are typically much smaller in scale than City owned and operated Power Facilities; and WHEREAS, large Power Facilities are more efficient than small Power Facilities; and WHEREAS, City owned Power Facilities ("City Power Facilities") are nearly always larger and more efficient than Private Power Facilities; and WHEREAS, City Power Facilities are subject to significant and centralized and ongoing life -safety oversight procedures; and WHEREAS, City Power Facilities are generally safer than Private Power Facilities; and WHEREAS, the smaller the number of electricity power generation facilities, the greater the likelihood that a sufficient number of fire department and other emergency personnel will be able to promptly be deployed in the event of an emergency; and WHEREAS, City fire safety personnel are familiar with the City Power Facilities; and have been trained in how to respond to life safety emergencies at those same City Power Facilities; and WHEREAS, if Private Power Facilities are established throughout the City, fire safety personnel will be less familiar with those facilities, and will not have had the same emergency training applicable to those facilities; and WHEREAS, for all of the above reasons, the construction of Private Power Facilities under existing regulations and without a comprehensive set of regulations addressing fire safety and related concerns is a current and immediate threat to the public health, safety and welfare; and WHEREAS, when Private Power Facilities are constructed, the owners of the Private Power Facilities typically still use City Power Facilities to a far lesser extent, and only to supplement the power supply on an as needed, and often intermittent basis; and WHEREAS, the City has substantial fixed costs relating to its Power Facilities and such costs are allocated among the users of electricity based upon the amount of electricity purchased, and not based upon whether the City's power is merely used to supplement on -site power generation; and WHEREAS, when users purchase less electricity, the City's monthly costs to generate each kilowatt of electricity increases on a per -kilowatt basis; and - 2 - WHEREAS, if Private Power Facilities are constructed, it is expected that the owners of such facilities would greatly reduce their purchases of electricity from the City and thereby increase the City's costs to produce each remaining kilowatt of electricity; and WHEREAS, if the City does not recoup enough money to pay its substantial fixed and variable costs in providing electricity, it would be forced to recoup those costs by passing the costs through to its other customers in the form of higher rates; and WHEREAS, the above mentioned threats to the public health, safety, and welfare relating to the construction of Private Power Facilities within the City would not apply to the approval of solar panels that are used to generate electricity because solar panels are extremely unlikely to cause a fire or life safety hazard, and because the installation of solar panels will not significantly impact the amount of electricity that is ultimately purchased from the City to the detriment of all users; and WHEREAS, for all of the above reasons, the potential establishment of Private Power Facilities under existing regulations and without a comprehensive set of regulations addressing fire safety and related concerns (excluding solar power facilities) constitutes a current and immediate threat to the public health, safety and welfare; and WHEREAS, the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use for Private Power Facilities (excluding solar power facilities) which are necessary to comply with the Vernon. Municipal Code would result in the above mentioned threats to public health, safety, and welfare; and - 3 - WHEREAS, the Department of Community Services and Water intends to study, within a reasonable time, whether, and to what extent Private Power Facilities should be more regulated than they are currently; and WHEREAS, notice of the public hearing on this ordinance has been provided in the manner specified by Government Code Section 65090. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION l: Findings Incorporated. The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: Scope of Ordinance. This ordinance applies to every parcel located in the General Industry (I) Zone. SECTION 3: General Rule. Except as otherwise provided in Section 4 or 5 of this ordinance, no subdivision, use permit, variance, building permit, grading permit, or any other applicable entitlement for use may be issued for any generating facility, power plant, or cogeneration facility, except as stated in section 4 or 5 of this ordinance. Section 4: Exceptions. This ordinance shall have no effect if subsection A,, B, or C of this section applies. A. Solar Electricity. This ordinance shall have no effect on any facility that generates electricity solely through solar energy. B. Act of God. If an applicant proposes to fully or partially rebuild a Power Facility that was greatly damaged by an "Act of God" as determined by the Director of Community Services & Water ("Director"), then the prohibition in Section 3 shall not apply. The applicant shall pay a preliminary planning fee to the City to receive the Director's - 4 - determination of whether this exception applies. The fee shall be the same as the rates established in the applicable fee schedule. The rebuilt Private Power Facility or portions thereof must have a total square footage less than or equal to that of the demolished Power Facility, must not exceed the building envelope of the demolished Power - - Facility on more than a de minimis level, and must not have an estimatedannual output in generated kilowatts that exceeds the amount generated by the Power Facility it is replacing. If the Director determines that this subsection B applies, then the Director shall provide notice, of his or ,her determination to all names and addresses of the owner of record of each lot abutting the property and to each property within 150 of the property and the applicant shall post a notice on the property. These requirements are in addition to all requirements that would apply but for this ordinance. C. City Facilities. This ordinance shall have no effect on the operations of the City, the Vernon Natural Gas Financing Authority, or any other City affiliated person. not: SECTION 5: Limitations on Moratorium. This ordinance does A. Affect any of the requirements of the I Zone except as expressly stated herein. B. Prohibit parties with existing building and valid building permits from continuing to build pursuant to those permits. C. Direct staff to stop processing any pending proposal that is affected by this moratorium, although applicants may request that staff stop any such processing. SECTION 6: CEQA. This ordinance does not authorize any activity that was not previously authorized, but merely establishes a - 5 - temporary prohibition on new activities that might have had an effect on the environment. As such, this ordinance is not a "project" for purposes of the California Environmental Quality Act, and is exempt from CEQA pursuant to CEQA Guidelines Section 15063(b)(3), because it can be seen with certainty that there is no possibility that this ---ordinance may have a significant effect on the environment. SECTION 7: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 8: Effective Date. This Ordinance, adopted by a vote of at least 4/5 of the Vernon City Council, shall take effect immediately upon its adoption, and shall be of no further force at 11:59 p.m. on June 21, 2013, unless extended or terminated by further action of the City Council. SECTION 9: Uncodified. Nothing in this ordinance should be interpreted as codifying any amendments to the Municipal Code. - 6 - SECTION 10: Book of Ordinances The Interim City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The Interim City Clerk, or -----Deputy City Clerk. -shall cause this ordinance to be published or- — posted as required by law. SECTION 11: Written Report. The Director of Community Services & Water is directed to issue a written report on behalf of the City Council, no later than June 11, 2013, describing the measures taken to alleviate the conditions leading to the adoption of this ordinance. APPROVED AND ADOPTED this 7eh day of May, 2013. Name: W. Michael McCormick Title: .Mayor / Mm -& "r^-mom �' ATTEST: r \ p Il IY1Lki,W1! Interim City Clerk / 5bp,__7"-_, ____._ APPROVED AS TO FORM: Nicholas George Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney - 7 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, DANA REED, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1207, was duly and regularly introduced at a meeting -of -the City Council of the City of Vernon, held in the City of Vernon on Tuesday, May 07, 2013, and adopted at that meeting by the following vote: AYES: Councilmembers: Mayor McCormick, Mayor Pro-Tem Davis, Maisano, Martinez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of M y, 2013, at Vernon, iFalifornia. m City Clerk (SEAL) CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 9, 2013 — _TO:— S. Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant �1 RE: Ordinance No. 1207 — An Uncodified Urgency Ordinance of the City Council of the City of Vernon to Establish a 45 Day Moratorium on the Establishment of New Private Electricity Generating Facilities, Power Plants and Cogeneration Facilities, Excepting Solar Power Facilities Transmitted herewith is a copy of Ordinance No. 1207 referenced above, which was approved by City Council at the meeting held on May 7, 2013. Thank you. Attachment c: Ana Barcia Sergio Canales Carlos Fandino Leonard Grossberg Michael Wilson Ordinance No. 1207 DECEIVED RECEIVED MAY 01 2013 MAY 0 2 2013 CITY ADMINISTRATION STAFF REPORT CITY Kt[ FO FICF TY SERVICES & WATER DEPARTMENT --DATE: May 7, 2013 TO: Honorable Mayor andCityCouncil FROM: Samuel Kevin Wilson" , Director of Community Services & Water RE: UNCODIFIED URGENCY ORDINANCE TO ESTABLISH A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND COGENERATION FACILITIES, EXCEPTING SOLAR POWER FACILITIES Recommendations 1) It is recommended the City Council find the moratorium is categorically exempt. under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule the CEQA only applies to projects that may have an effect on the environment. 2) It is further recommended that the City Council of the City of Vernon adopt this as an urgency ordinance, according to the provisions set forth in the California Government Code, to establish a 45 day moratorium on the authorization of any subdivision, use permit, variance, building permit, grading permit, or any other applicable entitlement for use by any generating facility, power plant, or cogeneration facility (excluding solar power facilities). A vote of 4 City Council members (a 4/5 vote) is required to adopt this as an urgency ordinance because of the requirements of California Government Code, Section 65858. Under the provisions of the California Government Code, as they apply to a Charter City, the urgency ordinance shall be immediately effective, and no second reading is required. The urgency ordinance shall expire automatically 45 days from the date of adoption, unless extended in the manner specified by law. Background A handful of existing customers have asked the City about the requirements to install a small cogenerator on their property for the production of electricity for their private use. Section 26.4.1-3 (b) of the City's Comprehensive Zoning Ordinance, allows generating facilities, power plants and cogeneration facilities to be built in the I -Zone subject to a conditional use permit. As such, power plants and cogeneration facilities could be constructed anywhere in the City. City staff is requesting that a moratorium be established on the permitting and construction of generating facilities, power plants and cogeneration facilities until a study can be completed to determine the environmental and economic impacts these operations may have on our community, and to ensure that the applicable regulations will be sufficient to fully address fire safety and related concerns. These facilities typically use high pressure natural gas to produce electricity or steam. Therefore, the potential for an explosion and fire, if the facility is not properly maintained, is high. If these facilities were located throughout the City, it could lead to inadequate oversight or strain the emergency response of first responders during a catastrophic event such as an earthquake. Further, the Light & Power Department has expressed a deep concern of how these generating facilities could impact the operation of the electric system and the rates charged to all users. A reduction in load could cause other customers to pay increased rates. As drafted, the moratorium would become immediately effective, and, unless it is extended, would expire on June 21, 2013, which is 45 days from May 7, 2013. At a future City Council meeting, the City Council could opt to extend the moratorium for as long as an additional 1 year, 10 months and 15 days, for a total of two years. Purpose of the moratorium The moratorium would provide the Department of Community Services and Water additional time to study the City's relevant zoning regulations and also to study the electrical system requirements for generating facilities, power plants, and cogeneration facilities (excluding solar power facilities) to determine if additional zoning or related requirements should be imposed to ensure the safety and welfare of the community. If the ordinance is approved, city staff would continue to study the permissible and appropriate regulations that may be imposed on these facilities, and the consequences such facilities may have on public safety. During the moratorium, the Light & Power Department would also study the economic impacts increased generating facilities would have on the electric utility. The Light & Power Department intends to conduct a system impact study and establish rules, regulations and operating procedures for these types of facilities, regardless of whether a moratorium is adopted. At the conclusion of the various studies, the City may impose zoning or other regulations that are specifically designed to mitigate any potential negative impacts of these facilities. CE A The moratorium would be exempt from the requirements of the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) because it does not authorize any activity that was not previously authorized, but merely establishes a temporary prohibition on new activities that might have had an effect on the environment. Fiscal Impact The moratorium ordinance would not have any direct fiscal impact on the city, as it establishes a moratorium on private activity, not on activities of the city. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM DATE: April 29, 2013 TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson; Director of Community Services & Water SUBJECT: UNCODIFIED URGENCY ORDINANCE TO ESTABLISH A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND COGENERATION FACILITIES, EXCEPTING SOLAR POWER FACILITIES It is recommending that the City Council adopt an ordinance to establish a moratorium on the authorization of any subdivision, use permit, variance, building permit, grading permit, or any other applicable entitlement for use by any generating facility, power plant, or cogeneration facilities (excepting solar power facilities). The proposed moratorium would allow the city additional time to examine the potential impacts of such operations and to determine whether and to what extent such operations may conflict with zoning or related proposals that are currently being considered by the City's Department of Community Services & Water. Enclosed herewith for your consideration are the following supporting documents: Staff Report. 2. Notice of Public Hearing, confinnation/proof of publication Please schedule this item on the May 7, 2013 agenda for City Council consideration. Thank you. SKW/sc Enclosures Re: Publication of Notice of Public Hearing Page 1 of 1 Canales, Sergio From: Bianca - Eastern Group [advertise@egpnews.com] Sent: Tuesday, April 23, 2013 8:15 PM To: Canales, Sergio Cc: Wilson, Kevin; Porter, Scott; Barcia, Ana; Muro, Eva Subject: Re: Publication of Notice of Public Hearing Hi Sergio, Confirming receipt. Cost: $187.50 The size is 2 col. x 3.75" totaling 7.5 column inches (ci). At $25.00 per ci, the total is $187.50 per date. Thank you, Bianca Sanchez, Office Manager for Jonathan Sanchez, Associate Publisher Eastern Group Publications, Inc. 111 S. Avenue 59, Los Angeles, CA 90042-4211 323-341-7970 / Fax 323-341-7976 City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 -UNCODIFIED URGENCY ORDINANCE TO ESTABLISH A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND COGENERATION FACILITIES, EXCEPTING SOLAR POWER FACILITIES NOTICE IS HEREBY GIVEN that the City of Vernon City Council will conduct a public hearing on whether to adopt an ordinance to establish a moratorium on the authorization of any subdivision, use permit, variance, building permit, grading permit, or any other applicable entitlement for use by any generating facility, power plant, or cogeneration facilities (excepting solar power facilities). The proposed moratorium would allow the city additional time to examine the potential impacts of such operations and to determine whether and to what extent such operations may conflict with zoning or related proposals that are currently being considered by the City's Department of Community Services & Water. SAID PUBLIC HEARING will be held on Tuesday, May 7, 2013 at 9:00 a.m., or as soon thereafter as it may be heard, in the City Council Chambers at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058. The City Council will receive public testimony and evidence regarding the moratorium, and will consider whether to adopt the moratorium, and related findings. ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in favor of, or in opposition to, this matter prior to the hearing, or be heard in support of, or opposition to, the proposed project at the time of the hearing. For information, please contact Kevin Wilson, Community Services and Water Director at (323) 583-8811. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: April 23, 2013 /s./ Dana Reed, Interim City Clerk City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 — -- UNCODIFIED URGENCY ORDINANCE TO ESTABLISH A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND COGENERATION FACILITIES, EXCEPTING SOLAR POWER FACILITIES NOTICE IS HEREBY GIVEN that the City of Vernon City Council will conduct a public hearing on whether to adopt an ordinance to establish a moratorium on the authorization of any subdivision, use permit, variance, building permit, grading permit, or any other applicable entitlement for use by any generating facility, power plant, or cogeneration facilities (excepting solar power facilities). The proposed moratorium would allow the city additional time to examine the potential impacts of such operations and to determine whetherand to what extent such operations may conflict with zoning or related proposals that are currently being considered by the City's Department of Community Services & Water. SAID PUBLIC HEARING will be held on Tuesday, May 7, 2013 at 9:00 a.m., or as soon thereafter as it may be heard, in the City Council Chambers at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058. The City Council will receive public testimony and evidence regarding the moratorium, and will consider whether to adopt the moratorium, and related findings. ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in favor of, or in opposition to, this matter prior to the hearing, or be heard in support of, or opposition to, the proposed project at the time of the hearing. For information, please contact Kevin Wilson, Community Services and Water Director at (323) 583-8811. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: -42,r5 % B3�ya�flz Dana Reed, Interim City C erk CITY OF VERNON CITY COUNCIL MEETING MAY 7, 2013 ORDINANCE NO. 1207 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1207 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On May 7, 2013, the City Council of the City of Vernon introduced, approved and adopted Ordinance No. 1207, an urgency ordinance, to establish a 45 Day Moratorium on the Establishment of New Private Electricity Generating Facilities, Power Plants and Cogeneration Facilities, Excepting Solar Power Facilities. I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1207 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on May 7, 2013, and passed by said Council by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Dated: �" '1a McCormick, Davis, Maisano, Ybarra, and Martinez None None /1" (b W D a Reed, Interim City Clerk