(A) Purpose and scope. This section establishes the procedures and requirements for power generators on major wireless facility sites, if the proposed generator does not meet the criteria for nondiscretionary review of an emergency standby generator on a macro-cell tower site set forth in § 17.46.210(A)(1) and therefore does not qualify as an emergency standby generator on a macro-cell tower site under Cal. Gov’t Code § 65850.75.
(B) Requirements.
(1) Wireless telecommunications facility. No power generator subject to this section shall be deployed on any major wireless facility site on private property or on public property outside the PROW unless submitted as part of and approved in conjunction with an application for the underlying wireless telecommunications facility on such property.
(2) Minor CUP. A minor conditional use permit approved by the Development Review Committee pursuant to Chapter 17.52 shall be required for any application to install a power generator on private property or public property outside the PROW in conjunction with deployment of any major wireless facility on such property. An application that includes a backup power supply that qualifies as transmission equipment as part of an eligible facility request shall be governed by procedures and requirements for eligible facilities unless the proposal constitutes a substantial change.
(a) Fossil fuel generators or other similar noise or odor producing generators. An applicant who proposes to install a fossil fuel generator or other similar noise or odor producing generator shall submit information and documentation to show good cause why the facility cannot feasibly achieve its power needs with batteries, natural gas powered generators, fuel cells, solar power or other similarly non-polluting, low noise-level means. As used in this division (B)(2)(a), the phrase GOOD CAUSE includes commercial impracticability, actual unavailability, and inability of alternative means to feasibly achieve the power needs of the facility. The DRC shall include findings on whether the applicant established good cause in its decision on the proposed minor CUP.
(b) Prohibited locations. Notwithstanding any other provision of this chapter, the DRC shall not grant an exception for a fossil fuel generator or other similar noise or odor producing generator proposed to be located on private property or public property outside the PROW if such generator would be within 250 feet of any residence, educational institution or park. The 250-foot distance shall be measured from the proposed generator to the nearest property line of the lot on which the residence, educational institution, or park is located.
(3) Compliance with chapter. In addition to the requirements of this section, power generators shall comply with all other provisions of this chapter.
(4) Other permits. No power generator shall be deployed on any major wireless facility site subject to this section without approval of all other ministerial permits required under the code.
(5) Construction codes. Compliance with applicable construction codes and other health and safety standards shall be required as a condition of the installation, construction or other deployment of any proposed emergency standby generator for any major wireless facility site subject to this section as determined by the Director.
(6) Leases, licenses and agreements for infrastructure on city property outside the PROW. In addition to all other requirements of this chapter, 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 a power generator on a major wireless facility site subject to review under this division.
(a) Provisions. The agreement shall include, but not be limited to, provisions addressing the following: term; rents, fees and costs; inspection and maintenance requirements; indemnification of the city; insurance requirements; waiver of monetary damages against the city; removal, restoration and clean-up requirements; requirement to pay possessory interest taxes, if any; and such other provisions, terms and conditions deemed necessary and appropriate by the city based on the application, and consistent with federal and state law.
(b) Additional permits. The agreement shall be in addition to, and not a substitute, for any other permit required by any provision of this chapter or code. The agreement shall be fully executed by the city and applicant prior to the applicant’s submittal of any application for a power generator on a major wireless facility site under this division or any other provision of this code. In addition, all ministerial permits shall be obtained as a condition of the installation, construction or other deployment of any proposed power generator for any major wireless facility site on private property or public property outside the PROW in accordance with applicable construction codes and other health and safety codes.
(C) Application content — General requirements. The Director shall develop permit application forms as the Director deems appropriate based on the requirements of this section and any city rules and guidelines, and make the forms available to applicants upon request. An application for the approval of the installation or modification of a power generator on a major wireless facility site subject to this section 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. The applicant shall also submit any other application for a minor conditional use permit and 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.
(a) The application shall contain all information and documentation required by § 17.46.210(D)(2); and
(b) Proof of property owner consent or authorization for installation or other deployment of the power generator; and
(c) Any other studies, information and/or documentation required by the rules and guidelines or as otherwise determined necessary by the Director; and
(d) An application and processing fee, a deposit for independent consultant review, and a deposit for review by the City Attorney’s office, in an amount set by resolution by the City Council.
(D) Additional requirements. The following additional provisions of this chapter shall apply to applications submitted under this section.
(1) Section 17.46.080: Conditions of Approval for All Facilities.
(2) Section 17.46.150: Operations and Maintenance Standards.
(3) Section 17.46.160: No Dangerous Conditions or Obstructions Allowed.
(4) Section 17.46.180: Cessation of Use or Abandonment.
(5) Section 17.46.190: Revocation or Modification; Removal.
(E) DRC findings. The DRC shall review the application to determine if the application meets all of the requirements of this section. The DRC shall not approve the application for the power generator, subject to conditions, unless the DRC finds that the proposed power generator complies with all requirements of this section, and also finds that the Director made all findings required for approval of the underlying wireless telecommunications facility or wireless telecommunications collocation facility as set forth in § 17.46.090.
(Ord. 2021-10 § 6 (part), 2021)