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Home My WebLink About05 - NBMC Title 5 Business Licenses & RegulationsU CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item: Staff Person: 5 Tamara Campbell (949) 644 -3238 REPORT TO THE CITY COUNCIL PROJECT: Emergency Ordinance amending Title 5 (Business Licenses and Regulations of the Newport Beach Municipal Code) to enact provisions for temporary emergency electrical generators. SUMMARY: Amend Title 5 of the Newport Beach Municipal Code to provide businesses the opportunity to install emergency electrical generators necessary to maintain a continual energy supply during the current energy crisis. RECOMMENDED ACTION: Introduce and adopt Ordinance No. 2001- _(Subject to five affirmative votes). AFFECTED PROPERTIES: Existing businesses located throughout the City. INITITIATED BY: City of Newport Beach Introduction On January 17, 2001, the Governor declared California to be in an energy crisis due to the threat of disrupted electrical power. The potential for numerous electrical "rolling blackouts" is expected to continue throughout the summer and staff is concerned that existing businesses may be significantly impacted. In an effort to ensure a continual power supply and uninterrupted business operations, it is anticipated that many business owners will request installation and use of temporary emergency electrical generators. The Zoning Code currently allows businesses to install emergency generators as temporary uses provided they meet all setback requirements and do not result in the loss of parking spaces. The situation may arise where a business finds it necessary to locate a generator in a setback area or within a required parking space. A generator within a setback area would require the formal review and approval of a "Modification Permit" from the Modifications Committee. If a generator is located within a required parking space, the applicant would need approval of a Parking Waiver from the Planning Commission. Modification Permits and Parking Waivers may prove too time consuming and cumbersome when faced with an emergency situation. As such, staff proposes an amendment to the code that will allow the immediate processing of requests for temporary emergency electrical generators. The Building Department has already taken steps to reduce the Building Permit review and certification process. Current fees for this action range from $60.00 to $70.00 however, the Building Department is considering a proposal to waive these fees. Analysis Section 412 of the City's Charter allows for the immediate adoption of an ordinance when an emergency situation is declared. Specifically, the section reads: "Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes." Staff is concerned that many businesses and related City revenues will be significantly negatively impacted by unpredictable rolling blackouts. Restaurants could be impacted due to loss of refrigeration. Banks, offices, retail stores and other business operations could have to temporarily close during blackout episodes. A review of Title 20 of the Municipal Code (Zoning) revealed that existing procedures could create an undesirable hardship for existing business owners due to noticing and public hearing requirements. Given the urgent state of affairs and the potential for immediate requests, staff proposes to amend Title 5 of the Municipal Code (Business Licenses and Regulations). An amendment to Title 20 (Zoning) would necessitate a Planning Commission public hearing and two readings of the ordinance before the City Council. Such a process-could take approximately two months, well into the middle of summer and well beyond the anticipated summer crises. In an effort to promote economic stability while still ensuring land use compatibility, staff proposes the addition of new regulations pertaining to the temporary placement, and use of, emergency electrical generators. Specifically, Section 5.11.050 could be added to read as follow: 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 Emergency Electrical Generators 6/12/01 Page 2 of 4 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 Regulations. 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 10.26 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. ENVIRONMENTAL DETERMINATION The adoption of the attached ordinance is categorically exempt from the requirements of the California Environmental Quality Act. Emergency Electrical Generators 6/12/01 Page 3 of 4 RECOMMENDATION Review and approve the new provisions for temporary, emergency electrical generators by adopting the attached ordinance. Submitted by: PATRICIA L. TEMPLE Planning Director &L lad Exhibit Prepared by: TAMARA J. CAMPBELL, AICP Se for Planner 1 C" Ordinance No. 2001 - Temporary Emergency Electrical Generators Emergency Electrical Generators 6/12/01 Page 4 of 4 ORDINANCE 2001- AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 5.11.050 TO 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: ENWI IM CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 2 MAYOR I F"M.WW. 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 generatorfor 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 11 Regulations. 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 /,