(A) Purpose and applicability.
(1) This section and governs the installation of emergency standby generators on macro-cell tower sites on or within any public right-of-way in the city in accordance with the requirements of Cal. Gov’t Code § 65850.75.
(a) Procedures and requirements for emergency standby generators that do not qualify for nondiscretionary review under this subsection shall be governed by § 12.52.230. An application that includes a backup power supply that qualifies as transmission equipment of an eligible facility shall be governed by procedures and requirements for eligible facilities requests unless the proposal constitutes a substantial change.
(b) Emergency standby generators on macro cell tower sites on private property, or on public property outside the public rights-of-way, are governed by Chapter 17.46 of Title 17 and not by this chapter.
(B) Eligibility criteria. In addition to any other ministerial permit required by this code, an emergency standby generator proposed to be installed to serve a macro cell tower site shall be approved by the Director on a nondiscretionary basis, subject to administrative review, if the Director finds that the proposed generator meets all of the following eligibility criteria:
(1) The emergency standby generator is: rated below 50 horsepower, compliant with applicable air quality regulations, has a double-wall storage tank, not to exceed 300 gallons, and is mounted on a concrete pad.
(2) The macro cell tower site on which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the city.
(3) The emergency standby generator complies with all applicable state and local laws and regulations, including Construction Codes.
(4) The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than 250 cubic feet in volume.
(5) The emergency standby generator shall be located not more than 100 feet from the physical structure of the macro cell tower or base station.
(C) Director findings. The Director shall carry out administrative review of an application for an emergency standby generator for a macro-cell tower site submitted for nondiscretionary review pursuant to this section to determine whether the proposed generator meets all of the requirements of Cal. Gov’t Code § 65850.75 as set forth in division (B). The Director shall not approve the application unless the Director makes findings that the application meets all criteria set forth in division (B).
(D) Application content — General requirements. The Director shall develop permit application forms as the Director deems appropriate based on the requirements of this section and the rules and guidelines that are posted on the city’s website, and make the forms available to applicants upon request. An application for the approval of the installation or modification of an emergency standby generator on major wireless facility site shall be provided by the applicant to the Director in writing on the city-approved form, and shall include the following information and documentation, in addition to all other information and documentation determined necessary by the Director as well as all other information and documentation required by the city as part of an complete application for the required permit. The requirements of this section may be supplemented by rules and guidelines adopted from time to time by the City Council or Director-implemented supplemental rules, regulations and procedures, and which shall be posted on the city’s website. The applicant shall also submit any other application for a ministerial permit required by this code (such as an encroachment permit, excavation permit or building permit) concurrent with the emergency standby generator permit application.
(1) One submittal. The application, and all supporting information and documentation, shall be given to the city in one submittal packet. If the generator is proposed for a new facility, or a collocation or other modification to an existing facility, the application and supporting documentation shall be given to the city in one submittal packet as part of the underlying facility application.
(2) Application contents. The application shall contain all of the following:
(a) Full name and contact information for the applicant, facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.
(b) A full written description of the proposed emergency standby generator, its purpose and specifications; and the type of emergency standby generator.
(c) All information and documentation, including without limitation, all information and documentation demonstrating that the proposed generator qualifies as an emergency standby generator under Cal. Gov’t Code § 65850.75, in accordance with the eligibility criteria set forth in § 12.52.220(B).
(d) Site plan.
1. The site plan shall show the location of the generator in relation to other structures, property lines, and the electrical service.
(e) Structural.
1. For generators located on grade, specify the thickness and reinforcement of the concrete slab and how it is fastened with hardware including call outs and embedment depth.
(f) Electrical. Describe and specify all of the following:
1. Location of the generator in relation to the electrical service equipment.
2. The maximum power in watts (KW) and the applied voltage of the generator.
3. Transfer of the backup power to the building electrical system.
4. Current ratings of the transfer equipment.
5. Manufacturer’s listing and installation instructions.
6. A single line diagram, stamped and signed by either an electrical engineer or an electrical contractor.
(g) Plumbing.
1. Provide gas pipe sizing for natural gas installations.
(h) Manufacturer’s specifications.
1. The type of fuel, size of fuel tank, or size of natural gas line.
2. The maximum kilowatt (KW) rating and the applied voltage.
3. The transfer switch, manual or automatic, and the current ratings (AIC) of the transfer equipment.
4. Manufacturer’s listings and installation instructions for the generator.
(i) Fire Department.
1. Review and permit from City Fire Department.
(j) Governmental agency compliance.
1. Except as otherwise provided by § 12.52.220(L), documentation establishing compliance with any permit or other clearance required by the South Coast Air Quality Management District, CPUC and any other state, federal or local agency with jurisdiction over the proposed generator.
(k) All information and documentation demonstrating that the proposed generator complies with all other applicable requirements of Construction Codes, traffic and other public health and safety codes, and other provisions of federal or state law.
(l) A noise study in a form satisfactory to the Director or the Director’s designee, which demonstrates the proposed generator and any related equipment will comply with the noise requirements of this chapter and the code.
(m) Photographs of the generator and an accurate visual impact analysis with photo simulations.
(n) A maintenance plan.
(o) If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the city to evaluate that claim.
(p) Any other studies or information required by the rules and guidelines that are posted on the city’s website or as otherwise determined necessary by the Director.
(q) An application and processing fee, a deposit for independent consultant review, and a deposit for review by the city attorney’s office, in amounts set by resolution by the City Council.
(E) Shot clock; timeline for review and action. The timeline for review of and action on an emergency standby generator shall begin to run when the application is submitted in writing to the Department but may be reset or tolled by mutual written agreement or upon the city’s issuance of a notice of incomplete application to the applicant pursuant to this section. Applications shall be processed in conformance with the time periods and procedures established by applicable state law and regulations. The following timing requirements shall apply:
(1) Sixty days. For an application to install an emergency power generator on a macro cell tower site that meets the requirements of Cal. Gov’t Code § 65850.75 pursuant to the criteria set forth in § 12.52.220(B), the Director shall approve or deny the application within 60 days of submittal of the application, subject to all of the following:
(a) First incomplete notice. Staff shall determine whether an application is complete or incomplete within ten days of the city’s receipt of the application, and shall notify the applicant in writing if the application is incomplete. The notice of incomplete application shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. Upon issuance of the incomplete notice, then the 60-day period shall be suspended.
(b) Subsequent incomplete notice. Upon resubmittal of the application, a new 60-day period shall begin, during which The city shall determine the completeness of the application. In any subsequent review of the application following resubmittal after issuance of an incomplete notice, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. In the case of any such subsequent notices of incomplete application, the 60-day period shall be suspended. Upon resubmittal, a new 60-day period shall begin until the applicant submits all the information, materials and documents identified by the city to render the application complete.
(c) More than one permit. If the city requires more than one permit application for the installation of an emergency standby generator, all applications submitted concurrently shall be issued within the same 60-day period set forth in this section.
(d) Except as otherwise provided by state law, a completed application that the city has not approved or denied within 60 days of receiving the application or upon expiration of any tolling period shall be deemed approved.
(2) One submittal. The applicant’s response and submission of supplemental materials and information in response to any notice of incomplete application must be given to the city in one submittal packet. If the application is submitted in conjunction with an application for an underlying facility, and a notice of incomplete application was issued for the underlying facility, the supplemental materials and information for the proposed generator shall be submitted as part of one submittal packet for the facility.
(F) Conditions of approval. Except as otherwise required by state law, all emergency standby generators on macro-cell tower sites shall comply with the standard conditions of approval set forth in § 12.52.070 of this chapter.
(G) Operations and maintenance standards. Except as otherwise required by state law, all emergency standby generators on macro-cell tower sites shall comply with the operations and maintenance standards set forth in § 12.52.140 of this chapter.
(H) Deemed approved.
(1) If the city fails to act on an application for an emergency standby generator on a macro-cell tower site within the 60-day review period referenced in § 12.52.220(E)(1) (subject to any tolling pursuant to written agreement or notice of incomplete application pursuant to § 12.52.220(E)(1)(a) or (b), the applicant may provide the city written notice that the time period for acting has lapsed.
(2) The applicant shall provide written notice to the city at least seven days prior to beginning construction of an emergency standby generator on a macro-cell tower site issued pursuant to a deemed approved application.
(3) An emergency standby generator deemed approved pursuant to Cal. Gov’t Code § 65850.75 shall comply with all applicable Construction Codes and other traffic, health and safety requirements of the code and obtain all other ministerial permits deemed applicable by the Director.
(I) Ministerial permits. All other related ministerial permits required under any applicable Construction Codes or other health and safety codes shall be required as a condition of approval of an application for deployment of a new emergency standby generator or replacement or modification of an existing emergency standby generator.
(J) Leases, licenses and agreements. In addition to all other requirements of this section, the applicant and the city may mutually agree, or to the extent authorized by state law the city may require, the execution of a written agreement establishing the particular terms and provisions under which the city will agree to installation of an emergency power standby generator on a macro-cell tower site in the PROW. The provisions of § 12.52.050(K) shall apply.
(K) Revocation. The city may revoke the permit for an emergency standby generator on a macro-cell tower site that is determined to violate an applicable state or local law or regulation, including but not limited to, Construction Codes, and shall be entitled to enforce all state and local law with respect to the emergency standby generator.
(L) Consent and authorization from property owner. Proof of consent or other authorization from the underlying property owner of the macro-cell tower site shall not be required as part of the initial application for an emergency standby generator permit. The applicant shall not install the emergency standby generator on the macro-cell tower site until the applicant provides documentation of such property owner consent or other authorization as required by the city.
(M) Effect of changes to state law. This section does not and shall not be construed to grant any rights beyond those granted by Cal. Gov’t Code § 65850.75. In the event Cal. Gov’t Code § 65850.75 is stayed, amended, revised or otherwise not in effect, no applications or modifications to an emergency standby generator shall be processed or approved under this section or any other provision of this code.
(N) Sunset clause. This section shall remain in effect until January 1, 2024, and as of that date is repealed, unless the City Council adopts an ordinance to extend the provisions of this division beyond that date.
(Ord. 2021-09 § 5 (part), 2021)