Loading...
HomeMy WebLinkAbout2001-6 - Adding Section 5.11.050 to the City’s Municipal Code Pertaining to Temporary Emergency Electrical Generators for Existing Businesses During the Current California Energy Crisis.ORDINANCE 2001- 6 AN EMERGENCY ORDINANCE OF THE CITY COUNCILOF THE CITY OF NEWPORT BEACH ADDING SECTION 5.11.050TO THE CITY'S MUNICIPAL CODE PERTAINING TO TEMPORARY EMERGENCY ELECTRICAL GENERATORS FOR EXSITING BUSINESSES DURING THE CURRENT CALIFORNIA ENERGY CRISIS WHEREAS, the State of California was declared to be in a State of Emergency on January 17, 2001 due to the threat of disruption of electrical power; and WHEREAS, utility users have been subjected to occasional electrical failure; and WHEREAS, the expected continuance of the energy crisis and the potential for numerous electrical "rolling blackouts" may negatively impact existing businesses and City revenues; and WHEREAS, in an effort to ensure a continual power supply and uninterrupted business operations, the City of Newport Beach anticipates that many business owners will request temporary emergency electrical generators; and WHEREAS, there are no provisions in the Municipal Code that would allow the expedient processing of an emergency electrical generator in a time frame adequate to alleviate the impacts of the rolling blackouts; and WHEREAS, the City Council desires to establish procedures that will enable the Planning Director to issue a license for a Temporary Emergency Electrical Generator; and WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach voted with five affirmative votes to add Section 5.11.050 to Title 5 (Business Licenses and Regulations) to the Newport Beach Municipal Code; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 5.11.050 of Title 5 of the Municipal Code is hereby added as shown on Exhibit A and is hereby adopted. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective immediately. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on June 12, 2001, and adopted on the same day by the following vote, to wit: ATTEST: J/// CITY CLERK AYES, COUNCIL MEMBERS Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Glover k4 2 MAYOR AN W.a d Section 5.11.050 Temporary Emergency Electrical Generators. In the event of critical energy shortages, the Planning Director may authorize the temporary use of, and placement of, an emergency electrical generator for any existing commercial or industrial use for a period of time not to exceed two years. In approving an emergency electrical generator license, the Planning Director may impose whatever reasonable conditions are deemed necessary to assure that the generator remains compatible with adjoining uses and does not result in significant negative impacts to the health, safety, peace, comfort and the welfare of persons residing or working in the general vicinity. In addition to any site - specific conditions that the Planning Director may require, the following standard provisions shall apply: 1. The application shall include a written request signed by the business owner and the property owner. In addition, a site plan shall be submitted showing the location of the proposed generator in relation to property lines and parking areas. There shall be no Planning Department fee for an emergency electrical generator license. 2. The Planning Director shall establish a specific point in time when said permit is to be terminated and the site restored. 3. The approved license shall be for the exclusive use of the business and business owner named as the license holder. Any new tenant shall obtain a new license subject to the procedures specified above regardless of the time allowed for the original license. 4. If the business owner desires permanent status of the generator, then the applicant shall obtain a Use Permit as specified in Chapter 20.91 (Use Permits and Variances) of the Municipal Code. 5. Installation of the generator shall comply with the requirements of the City's Building 3 Regulations and Fire Codes. 6. The Planning Director may revoke a license for an emergency electrical generator if the generator is deemed non - compliant with any provisions of this section or the conditions imposed during the licensing process. 7. The use of the generator shall be limited to no more than 200 hours per year and shall be operated only during a power outage. 8. Any generator exceeding fifty horsepower shall obtain a South Coast Air Quality Management District Permit. 9. If the Planning Director determines that the generator exceeds acceptable levels for noise (as established in Chapter 10.62 of the Municipal Code) and/or creates excessive negative impacts to air quality, the license may be automatically revoked. 10. The Planning Director may require screening of the generator as part of license approval. 4 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2001 -6 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of June 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of June 2001. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2001 -6 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: June 16, 2001. In witness whereof, I have hereunto subscribed my name this day of 2001. City Clerk City of Newport Beach, California