Ordinance No. 1211ORDINANCE NO. 1211
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF VERNON TO EXTEND THE EXISTING 45 DAY
MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE
ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND
COGENERATION FACILITIES, EXCEPTING SOLAR POWER
FACILITIES, FOR AN ADDITIONAL ONE YEAR, 10 MONTHS
AND 15 DAYS
WHEREAS, on May 7, 2013, the City Council of the City of
Vernon adopted Ordinance No. 1207 to establish a 45 day moratorium on
the issuance of entitlements for any "generating facility, power plant,
or cogeneration facility"; and
WHEREAS, on June 4, 2013, consistent with Government Code
§ 65858(d), the City Council issued a written report describing the
measures taken to alleviate the conditions which led to the adoption of
Ordinance No. 1207; and
WHEREAS, absent further action by the City Council, the
moratorium would expire of its own accord on June 21, 2013; and
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
0523131045
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
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0523131045
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
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
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0523131045
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
WHEREAS, the Department of Community Services and Water has
started to study and will continue to study 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.
ORDAINS:
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY
SECTION 1: 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
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0523131045
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
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
estimated annual 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
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0523131045
any other City affiliated person.
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 valid existing 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
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,
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0523131045
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 May 6, 2015, unless 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.
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0523131045
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.
APPROVED AND ADOPTED this 18th day of June, 2013.
.A�
W. Michael McCormic
Name:
Title: Mayor / ayGr R-. m
I_
' UDana Reed
Interim City Clerk
APPROVED AS TO FORM:
Nicholas George Rodriguez, City Attorney
By: Scott E. Porter, Deputy City Attorney
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0523131045
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. 1211, 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, June 18, 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 June, 013, at rnf, California.
D14Xa Reed
Interim City Clerk
(SEAL)
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 24, 2013
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Deborah Juarez, Records Management Assistant
RE: Ordinance No. 1211 — An Uncodified Urgency Ordinance of the City Council of the City of
Vernon to Extend the Existing 45 Day Moratorium on the Establishment of New Private
Electricity Generating Facilities, Power Plants and Cogeneration Facilities, Excepting Solar
Power Facilities, for an Additional One Year, 10 Months and 15 Days
Transmitted herewith is a copy of Ordinance No. 1211 referenced above, which was approved by City
Council at the meeting held on June 18, 2013.
Thank you.
Attachment
c: Ana Barcia
Sergio Canales
Carlos Fandino
Leonard Grossberg
Michael Wilson
Ordinance No. 1211
DECEIVED
C17yCLERwQ OFFI�F STAFF REPORT
COMMUNITY
DATE: June 18, 2013
MAY 2 9 2013
CITY A ISTRATION
SERVICES & WATER DEPARTMENT
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF VERNON TO EXTEND THE EXISTING 45 DAY
MORATORIUM ON THE ESTABLISHMENT OF NEW PRIVATE
ELECTRICITY GENERATING FACILITIES, POWER PLANTS AND
COGENERATION FACILITIES, EXCEPTING SOLAR POWER
FACILITIES, FOR AN ADDITIONAL ONE YEAR, 10 MONTHS AND 15
DAYS.
Recommendations
It is recommended that the City Council
1) Find the moratorium to be 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, because the
moratorium merely maintains the status quo.
2) Adopt an urgency ordinance, according to the provisions set forth in the California
Government Code, to extend the existing 45 day moratorium for an additional 1 year, 10
months and 15 days, to prohibit 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
would be immediately effective, and no second reading is required. The proposed extension
to the urgency ordinance would expire automatically on May 6, 2015.
Backeround
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, absent the moratorium, generating facilities, power plants and cogeneration facilities could
be constructed anywhere in the City.
On May 7, 2013, the City Council established a 45 day moratorium on the permitting and
construction of generating facilities, power plants and cogeneration facilities until a study could
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.
In support of the moratorium on May 7, 2013, consistent with staff s recommendation, the City
Council found two central sources of risk should the moratorium not be adopted. First, these
private power 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, was
determined to be 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. Second, the Light & Power Department 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.
At its meeting of June 4, 2013, the City Council issued a written report describing the measures
taken to alleviate the condition which led to the adoption of the ordinance. This was done in a
manner consistent with the requirements of Government Code § 65858(d).
If the proposed ordinance is adopted, the moratorium would be extended for the maximum
additional 1 year, 10 months and 15 days, for a total of two years from the date the moratorium
was first enacted on May 7, 2013. The extended moratorium would expire on May 6, 2015. In
no event could the City Council cause the moratorium to extend beyond May 6, 2015, even by a
future action of the City Council to do so. The City Council may extend the moratorium for less
than the maximum 1 year, 10 months and 15 days:
If the City Council does not vote to extend the moratorium, the moratorium will expire of its own
accord three days after the City Council meeting, on June 21, 2013.
If the proposed ordinance is adopted, the City Council could thereafter opt to prematurely
terminate the moratorium, for any reason. One expected reason for doing so would be if the
City had established new regulations that made the need for the moratorium obsolete.
Purpose of the moratorium
If extended, the moratorium would provide the Department of Community Services and Water
additional time to study the City's relevant zoning regulations and 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 continue to 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 the moratorium is
extended.
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.
CEOA
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 riot previously authorized, but merely continues a temporary prohibition on new
activities that might have an effect on the environment.
Fiscal Imnact
The moratorium ordinance would not have any direct fiscal impact on the City, as it continues the
existence of a moratorium on certain private activity, not on activities of the City.
1p/3
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323)583-8811
UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON TO EXTEND THE EXISTING 45 DAY MORATORIUM ON THE
ESTABLISHMENT OF NEW PRIVATE ELECTRICITY GENERATING FACILITIES,
POWER PLANTS AND COGENERATION FACILITIES, EXCEPTING SOLAR
POWER FACILITIES, FOR AN ADDITIONAL ONE YEAR,10 MONTHS AND 15
DAYS
NOTICE IS HEREBY GIVEN that the City of Vernon City Council will hold a public hearing to
consider whether to extend the existing 45 day moratorium for an additional 1 year,10 months and
15 days, which prohibits 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) for any property within Vernon. The
additional time will allow for the completion of a study, 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. 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 would be immediately
effective, and no second reading is required. The proposed extension to the urgency ordinance
would expire automatically on May 6, 2015.
SAID PUBLIC HEARING will be held on Tuesday, June 18, 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 on
the extension of 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, or to request an accommodation,
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 published notice of a public hearidg--'\ A
Dated: �V
Interim City Clerk
Re: Publication of Notice of Public Hearing
rage i of a
Canales, Sergio
From: Bianca - Eastern Group [advertise@egpnews.coml
Sent: Tuesday, June 04, 2013 2:57 PM
To: Canales, Sergio
Cc: Wilson, Kevin; Porter, Scott; Barcia, Ana; Muro, Eva
Subject: Re: Publication of Notice of Public Hearing (Variance - Commercial Sand Blast)
Hi again,
Confirming receipt. Cost: $200.00
Re: Variance for Commercial Sand Blast
The size is 2 col. x 4.0" totaling 8.0 column inches (ci). At $25.00 per ci, the total is
$200.00 per date.
Thank you,
Bianca Sanchez, Office Manager
for
Jonathan Sanchez, Associate Publisher
Eastern Group Publications, Inc.
ill S. Avenue 59, Los Angeles, CA 90042-4211
323-341-7970/ Fax 323-341-7976
6/4/13 02:03 PM, Canales, SergioSCanales ci vernon.ca.us:
Hi Bianca,
Please have the attached notice published once on Thursday, June 6, 2013 in the Vernon
Sun. Also, please send the confirmation/proof of publication page to my attention.
Thank you,
Sergio
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-
mail messages attached to it may contain confidential information that is legally privileged.
If you are not the intended recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying, distribution or use of any of
the information contained in or attached to this transmission is STRICTLY PROHIBITED. If
6/4/2013
Re: Publication of Notice of Public Hearing
rage a of
you have received this transmission in error, please immediately notify the sender. Please
destroy the original transmission and its attachments without reading or saving in any
manner.
6/4/2013
CITY OF VERNON CITY COUNCIL MEETING
JUNE 18, 2013
ORDINANCE NO. 1211 SUMMARY
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1211
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On June 18, 2013, the City Council of the City of Vernon introduced, approved and
adopted Ordinance No. 1211, entitled, "An Uncodified Urgency Ordinance of the City
Council of the City of Vernon to Extend the Existing 45 day Moratorium on the
Establishment of New Private Electricity Generating Facilities, Power Plants and
Cogeneration Facilities, Excepting Solar Power Facilities, For an Additional one Year,
10 months and 15 days."
I, Ana Barcia, Deputy City Clerk of the City.of Vernon, do hereby certify that Ordinance
No. 1211 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on June 18, 2013, and passed by said Council by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS:
Dated: 612,111,5
McCormick, Davis, Maisano,
Ybarra, and Martinez
None
None
A arcia, De y City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF VERNON )
I, Ana Barcia, Deputy City Clerk, of the City of Vernon do
hereby certify that I did, on the 27th day of June 2013, caused
to be posted three (3) copies of the following ordinance
summaries:
ORDINANCE NO. 1212 SUMMARY
(Adopting Rules of Order for Conduct of: Council Proceedings)
ORDINANCE NO. 1211 SUMMARY
one on each of the following places, to wit: on the bulletin
board outside the main entrance to the City Hall of the City of
Vernon located at 4305 Santa Fe Avenue; at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Blvd., and Pacific, Blvd., all in said City.
Date 2 1
AR& Garcia
Deputy C y Clerk
State of California )
) ss
County of Los Angeles)
On Tip d rl 3 before me,7 Aryl i'//7G1 AOCI-eh ,
Notary Public, personally appeared Ana Barcia
who proved to me on the basis of satisfactory evidence to be the
person(4 whose name(4 is/ar� subscribed to the within
instru6ent and ackn wledged to me that b4/she/ty executed the
same in hs/her/their authorized capacity ;Zes)', and that by
h' /her/th�/Zr signature �) on the instrument the person), or
the entity upon behalf of which the person o) acted, executed
the instrument. ��
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
--------------------
AMA scion # 19002
Commission #� 1900284 Z
Notary Public - California a.
Los Angeles County
MI. Comm, Egires Aug19, 2014