Part 21 — STAND-BY/BACKUP ELECTRICAL POWER GENERATION

The intent of this part is to enable the expeditious permitting of energy generation facilities on properties without creating adverse conditions or impacts on neighboring properties.

(Ords. 26388, 26456.)

No person shall place, construct or operate, or permit the placement, construction, or operation of, any electrical power generation equipment or facility for the purpose of providing stand-by or backup power, either permanent or temporary, without first obtaining a permit pursuant to the provisions set forth in this title.

(Ords. 26388, 26456.)

A.

An applicant for an administrative permit to allow the placement, construction or operation of a stand-by or backup electrical power generation facility shall, in addition to all other administrative permit requirements, declare under penalty of perjury that the stand-by or backup electrical power generation facility sought for use subject to an administrative permit will at all times be maintained in full conformance with each and every one of the criteria and standards set forth in this part.

B.

An administrative permit to allow a stand-by or backup electrical power generation facility shall not be issued unless the director determines that all of the applicable criteria and standards set forth in this part are met.

(Ords. 26388, 26456, 27757.)

A.

Any stand-by or backup electrical power generation facility shall meet all of the following criteria and standards listed below. Any electrical power generation uses that may be permitted with a site development permit, special use permit, or conditional use permit shall meet the standards and criteria below, provided that the director, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as a reasonable exercise of their discretion, upon a finding that such modifications are reasonably necessary in order to implement the general intent of this part and the purposes of this title.

B.

The standards and criteria for stand-by and back-up electrical power generation uses are as follows:

Maximum noise levels, based upon a noise analysis by an acoustical engineer, will not exceed the applicable noise standards set forth in this title.

If the applicable maximum air quality or noise standards are exceeded in the open space, agricultural, or any commercial or industrial zoning district, a conditional use permit issued in accordance with Part 6 of Chapter 20.100 of this title shall be required.

A Bay Area Air Quality Management District (BAAQMD) permit has been issued for the use or facility.

Operation of a temporary stand-by or backup power generation facility, by definition, shall not exceed a maximum time period of four (4) consecutive months in any twelve (12) month period.

Testing of generators is limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.

(Ords. 26388, 26456, 27757.)