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that this exemption for water facilities is arguably not applicable to wastewater facilities, as <br />opposed to water facilities_ Regarding the production and generation of electrical energy, <br />she noted that there's been no case law that interpreted the statute. It was not clear whether <br />that was meant to apply more to local agencies who would be producing and generating <br />energy for public consumption or whether it was meant to get at any public agency which <br />might generate energy for anon-public consun-iption. She noted that staff would take a <br />different position from LAVMA on those items. <br />G'hairperson Arkin strongly supported this proposal and recalled the Enron issue. <br />Commissioner Sullivan moved to take the following actions: <br />L Make a finding that the Generator Siting Ordinance would have a de <br />minimus impact on wildlife; <br />2_ Adopt the Draft Negative Declaration as shown in Exhibit C; <br />3_ Recommend that the City Council adopt the Generator Siting <br />Ordinance as shown in Exhibit A; <br />4_ Recommend that the City Council direct staff to consider ways to <br />provide applicants with Green Building LEEDTM credit for <br />cogeneration or combined cycle proposal; <br />5_ Recommend that City Council direct staff to consider ways to provide <br />applicants with Green Building LEEDTM credit for biodiesel/natural <br />gas proposals for emergency standby generators; <br />G Recommend that the City Council modify the PUD section of the <br />Municipal Code to allow energy stand-by electricity generators as an <br />interim use without requiring a conditional use permit_ <br />Commissioner Roberts seconded the motion_ <br />ROLL CALL VOTE <br />AYES: Commissioners Arkin, Maas, Roberts, Sedlak., and Sullivan <br />NOES: None <br />ABSTAiN_ None <br />ABSENT: Commissioner Kameny <br />Resolution No. PC-2003-OS and PC-2003-06 were entered and adopted as motioned. <br />Commissioner Sullivan moved that staff develop an ordinance to regulate mechanical <br />drive applications with impacts similar to electricity generators_ An ad hoc <br />community group would be formed, and would include businesses and residents to <br />assist staff in developing proposed language for the Planning Commission's review. <br />Commissioner Roberts seconded the motion_ <br />PLANNING COMMISSION MINUTES February 12, 2003 Page 5 <br />