HomeMy WebLinkAbout1593 - ORDINANCES - 3/21/2001 URGENCY ORDINANCE NO. 1593
AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 92.17.1.01.d.9 OF THE
ZONING ORDINANCE SO AS TO ALLOW ELECTRICAL POWER
' PLANTS IN THE"M2"MANUFACTURING ZONE SUBJECTTOTHE
ISSUANCE OF A CONDITIONAL USE PERMIT.
WHEREAS,Wildflower Energy LP,seeks to construct a 135 megawatt natural gas powered electric
generating plant on property located north of Interstate 10,west of North Indian Avenue in the City
of Palm Springs; and
WHEREAS, the proposed location of the natural gas powered electric generating plant is zoned
"M2" Manufacturing Zone; and
WHEREAS, the"M2"Manufacturing Zone is intended to provide for the development of industrial
uses which do not create by-products to any degree which will adversely affect the resort-open
space environment of the City; and
WHEREAS, Energy Uses including solar collectors, wind energy conversion systems, and co-
generation plants are permitted in the "M2" Manufacturing Zone subject to the issuance of a
Conditional Use Permit although natural gas powered electric generating plants are notspecifically
listed as a permitted, conditionally permitted or prohibited use; and
WHEREAS, the Palm Springs General Plan outlines the City's commitment to promoting and
encouraging the use of alternative energy technologies so as to meet the energy needs of the
community; and
' WHEREAS, the State of California, in order to augment existing generation and develop new
generation,has implemented an Emergency Power Plant Permitting program to allow for expedited
review and approval of energy generating plants; and
WHEREAS, the purpose of the Wildflower Energy LP power plant is to generate much needed
electricity to serve the State of California; and
WHEREAS, Wildflower Energy LP is seeking permitting approval under the State's Emergency
Power Plant Permitting program; and
WHEREAS, the Governor of the State of California has declared a state of emergency due to the
energy and ordered that certain electrical generation facilities be exempt from CEQA; and
WHEREAS, the City of Palm Springs is supportive of encouraging the development of energy
generation plants that will address the energy needs for the State of California; and
WHEREAS, the City of Palm Springs recognizes the positive fiscal impacts of a natural gas
powered electric generating plant establishing within the corporate limits of the City of Palm Springs;
and
Urgency Ordinance 1593
March 21, 2001
Page 2
WHEREAS, a text amendment is required to allow for natural gas powered electric generating
plants as conditionally permitted uses in the "M2" Manufacturing Zone; and
WHEREAS, the City of Palm Springs recognizes the potential threat to the health, welfare and ,
safety of the residents and businesses of Palm Springs and the Coachella Valley if there is
insufficient power available in the desert during the summer months and therefore wish to permit
the use as an interim zoning use pending amendment of the Zoning Ordinance; and
WHEREAS,California Government Code Sections 36937 and 65858 empowers cities to adopt,by
four-fifths vote, an urgency ordinance which is necessary for the immediate preservation of the
public peace, health or safety.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION1. DECLARATION OF FACTS CONSTITUTING URGENCY. The City of Palm Springs
hereby finds that this Ordinance is required to prevent a current and immediate
threat to the public health, safety and welfare, in that the allowance of natural gas
powered electric generating facilities, not to exceed 150 megawatts in size, in the
"M2" Manufacturing Zone is necessary and desirable to prevent a threat to public
health, safety orwelfare in the loss of sufficient power on a statewide and regional
basis. This threat has been documented by the Governor's declaration of a state of
emergency due to lack of electrical power.
SECTION 2. CEQA FINDING. The City Council hereby finds that CEQA Section 21080(b)(6)
allows the City to consider a zone change to allow a power plan use without '
preparing the CEQA documentation,where the Governor ofthe State of California
has declared a state of emergency due the energy shortage and has ordered that
certain electrical generation facilities be exempt of CEQA pursuant to Governor's
Proclamation of State of Emergency,dated January 17,2001 and Governor's Order
D-26-01, dated February 8, 2001. Further, similar uses were reviewed in the Final
Environmental Impact Report for the Sphere Expansion/Annexation Study dated
April 1993, and those findings remain adequate to address all environmental
impacts.
SECTION 3. APPROVAL OF APPLICATION FOR PERMITS FOR ELECTRICAL POWER
PLANS WITHIN THE W2"MANUFACTURING ZONE. The City Council hereby finds
that during the term of this ordinance, within the "M2" Manufacturing Zone, (i)
conditional use permits may be issued for natural gas powered electric generating
plants, (ii) applications for conditional use permits for natural gas powered electric
generating plants shall continue to be accepted for processing or processed,and(iii)
permits shall continue to be issued for natural gas powered electrical power plants,
by making application for, and after approval of, a Conditional Use Permit.
SECTION4. AMENDMENT OF SECTION 92.17.1.01.d.9OF THE ZONING ORDINANCE. The
Urgency Ordinance 1593
March 21, 2001
Page 3
Director of Planning is directed to initiate a text amendment through the regular
zoning amendment process so that Section 92.17.1.01.d.9 of the Zoning Ordinance
"Energy Uses"shall be amended to add a new use under d. "Natural Gas Powered
' Electric Generating Facilities not exceeding 150 megawatts."
SECTION 5. CONSISTENCY WITH ZONING ORDINANCE AND GENERAL PLAN. The City
Council hereby finds that this Ordinance is consistentwith the Palm Springs Zoning
Ordinance and General Plan in that it promotes consistency with the proper
regulation of other uses within the community and it addresses the General Plan
goal to meet the energy needs of the community.
SECTION 6. URGENCY, The City Council hereby declares this Ordinance to be an urgency
measure in accordance with Government Code Sections 36937 and 65858 and that
it shall take effect immediately if passed by a four fifths (4/5) vote. This interim
ordinance shall be of no further force and effect45 days from the date of its adoption
unless extended by the Council prior to expiration.
SECTION SEVERABILITY.It is the intention of the City Council that the sections, subsections,
clauses and phrases of this Ordinance are severable, and if any portion of this
Ordinance is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction,such decision shall not affectthe validity orthe remainder of
the Ordinance,and the City Council would have enacted such remainder without the
portion found to be invalid or unconstitutional.
SECTION 8 PUBLICATION. The City Clerk of the City of Palm Springs shall certify to the
passage and adoption of this Ordinance,and shall cause the same to be posted and
published in the manner required by law.
Adopted this 21st day of March , 2001.
AYES: Members Hodges, Jones,, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
CITY OF PALM SPRINGS, CALIF RNIA
i y Clerk Mayor
REVIEWED BY: AWE�/✓
I HERESY CERTIFY that the foregoing Ordinance 1593 was duly adopted by the
City Council of the City of Palm Springs, California, in a meetinv held .,