19.58.142 Electrical generating facilities.
The purpose of this section is to provide standards for the siting and establishment of the various sub-types of electrical generating facilities in any zones in which they are permitted subject to issuance of a conditional use permit or as an accessory use, except for residential-level facilities. Any of the electrical generating facility sub-types to be permitted must be found to be in compliance with the following standards and the City’s “Electrical Generating Facilities Policy” and associated tables, as applicable to the particular sub-type, as well as any other local, regional, state and federal standards that are otherwise applicable to the facility.
A. For the purposes of this section, electrical generating facility includes the following sub-types of power facilities which are further defined in CVMC 19.04.002: base load facility; peaking facility; private facility; backup and emergency facility; and residential-level facility.
B. The siting and establishment of a base load facility shall be subject to the following standards:
1. The facility shall be limited to natural gas or non-fossil fueled. Nuclear plants are prohibited as defined by the City’s “Electrical Generating Facilities Policy.”
2. The facility shall be a minimum of 1,000 feet from only the following specifically identified sensitive receptors: residential communities, schools, hospitals, nursing homes or elder care facilities, residential care facilities, and child care centers as defined by the City’s “Electrical Generating Facilities Policy.” Measurement of the 1,000-foot minimum shall be made from the nearest property line of the parcel on which the nearest sensitive receptor is located to the location of the emission source of the proposed EGF.
3. The facility shall have an executed contract with the local utility or City for power use within the local investor-owned utility (e.g., SDG&E) service territory or City as defined by the City’s “Electrical Generating Facilities Policy.”
4. The property shall be surrounded by a solid fence or walls not less than six feet in height consistent with the provisions of CVMC 19.58.150 and 19.58.360.
5. The facility shall utilize the best available control technology and state-of-the-art emissions technology as defined by the City’s “Electrical Generating Facilities Policy.”
6. The applicant must have obtained required certification from the local, state or federal regulatory agencies.
7. All buildings and equipment shall be required to observe the same site development standards and requirements applicable to the specific zone in which the facility is located, unless otherwise excepted pursuant to CVMC 19.16.040.
8. In combination with landscaping, berming and/or other treatments, the facility shall be designed to sufficiently screen the use and reduce to the maximum extent practicable visual effects to nearby properties.
9. The applicant shall demonstrate that any noise, dust, vibrations, and odors associated with the project are in compliance with the requirements of Chapter 19.66 CVMC.
10. The sound pressure levels generated by all equipment and uses shall not exceed the applicable decibel levels pursuant to Chapter 19.68 CVMC.
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 or designee.
13. Conditional use permits shall be reviewed every 10 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 with the applicant or successor, and to the satisfaction of the Director of Development Services or his/her designee. Said upgrades shall be made no later than five years from the determination of need. The review cycle shall begin from the date that the facility is commissioned for operation. The applicant or successor shall fund the conditional use permit and/or standards review in accordance with the City’s latest fee schedule.
C. The siting and establishment of a peaking facility shall be subject to the following standards:
1. The standards prescribed in subsections (B)(1) through (B)(13) of this section.
D. The siting and establishment of a private facility shall be subject to the following standards:
1. The standards prescribed in subsections (B)(5) through (B)(12) of this section.
2. The periodic review for standards compliance and potential BACT upgrades under subsection (B)(13) of this section.
3. Minimum distance from sensitive receptors shall be determined pursuant to the City’s “Electrical Generating Facilities Policy.”
4. The facility shall be located within a fully enclosed structure, except for wind, solar or other renewables where enclosure is impractical.
E. The siting and establishment of a permanent backup and emergency facility of 50 horsepower or greater shall be subject to the following standards:
1. The standards prescribed in subsections (D)(1) and (D)(2) of this section.
F. The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. (Ord. 3544 § 1, 2023; Ord. 3279 § 3, 2013).