HomeMy WebLinkAbout1594 - ORDINANCES - 3/21/2001 URGENCY ORDINANCE NO. - 1594
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA EXTENDING URGENCY
ORDINANCE NO. 1593 FOR AN ADDITIONAL SIXTY
DAYS TO ALLOW ELECTRICAL POWER PLANTS IN
THE "M2" MANUFACTURING ZONE SUBJECT TO THE
ISSUANCE OF A CONDITIONAL USE PERMIT
WHEREAS, the City adopted Urgency Ordinance No. 1593 at its regular meeting ,
on March 21, 2001 ; and
WHEREAS, all of the findings cited in Urgency Ordinance No. 1593, concerning
the existence of an immediate and current threat to the public safety, health, and welfare
due to the severe shortage of electrical generating power on a statewide basis continue
to be valid; and
WHEREAS, ten days prior to the Urgency Ordinance No. 1593 expiration, staff
prepared a written report describing the measures taken to alleviate the condition which
led to the adoption of Urgency Ordinance No. 1593; and
WHEREAS, council is in fact considering the approval of an Ordinance which
would address the issue as a regular zoning code amendment on the same date as the
consideration of this extension; and
WHEREAS, the purpose of this extension is to ensure there is no lapse in time
prior to the effective date of the regular admendment of the zoning code; and
WHEREAS, the Council's consideration of this Ordinance has been by a public
hearing noticed pursuant to Government Code § 65090.
NOW, THEREFORE, the City Council of the City of Palm Springs, California,
does ordain as follows:
Section 1. DECLARATION OF FACTS CONSTITUTING URGENCY. '
The City of Palm Springs hereby finds that this Ordinance, which
extends Urgency Ordinance No. 1593, is required to prevent the
continuing threat to the public safety, health, and welfare by
allowing construction of electrical power plants in the "M2"
Manufacturing Zone and that it remains necessary to assist in
addressing the serious loss of sufficient electrical power on a state
and regional basis.
Section 2. CEQA FINDINGS.
The City Counsel hereby finds that CEQA § 21080(b)(3)&(4)
allows the Ci`v +o consider this extension of Urgency Ordinance
No. 1593 without preparing CEQA documentation, where the
governor's declaration of a state of emergency due to energy
shortage remains in effect which ordered that certain electrical
generation facilities be exempt from CEQA.
Ordinance No. 1594
Page 2
Section 3. EXTENTSION OF URGENCY ORDINANCE NO. 1593.
The City Council hereby extends the expiration date of Urgency
Ordinance No. 1593 by sixty (60) days to allow sufficient time for
the regular amendment to the zoning code concerning this issue
to take effect.
Section 4. URGENCY.
' The City Council hereby declares this Ordinance to be an urgency
measure in accordance with Government Code §§ 36937 and
65858 and that it shall take effect immediately if passed by a four
fifths (415) vote.
Section 5. 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 affect the validity or the remainder of the Ordinance, and
the City Council would have enacted such remainder without the
portion found to be invalid or unconstitutional.
Section 6. 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 2.a_day of may 2001.
AYES: Members Hodges, Jones, Reller-Spurgin and Mayor pro tem Oden
NOES: None
ABSTAIN: None
ABSENT: Member Eleindieast
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
Reviewed and Approved as to Form: GiE�
I HEREBY CERTIFY that the foregoing Ordinance 1594 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting held on
the 2nd day of May, 2001, and that same was published in the DESERT SUN, a
newspaper of general circulation on 14C,
1.
RICIA A. SANDERS
City Clerk