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HomeMy WebLinkAbout20014 - RESOLUTIONS - 3/21/2001 RESOLUTION NO. 20014 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, , RECOMMENDING THAT THE CALIFORNIA ENERGY COMMISSION (CEC) APPROVE THE PROPOSED INDIGO ENERGY FACILITY AND RECOMMENDING THAT THE CEC REQUIRE ON- AND OFF-SITE IMPROVEMENTS IN ACCORDANCE WITH CITY POLICIES, CODES AND REQUIREMENTS WHEREAS, On January 17, 2001 Governor Davis proclaimed a State of Emergency to exist due to the energy shortage in the State of California WHEREAS, On February 8, 2001 Governor Davis signed Executive Order D-26-1 which directed the California Energy Commission (CEC) to use its emergency power permitting authority to permit new peaking plants and renewable power plants to be on line by July 1, 2001; 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, Wildflower Energy LP, seeks to construct a 135 megawatt electric power 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 electric power 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; and WHEREAS, the Palm Springs General Plan outlines the City's commitment to promoting and encouraging the use of energy technologies so as to meet the energy needs of the community; 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 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 position fiscal impacts of an ' electrical power plant establishing within the corporate limits of the City of Palm Springs; and Resolution 20014 Page 2 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. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Executive Order D-26-01 issued by Governor Davis on February 8,2001, the proposed project is exempt from the California Environmental Quality Act (CEQA). Section 2: The proposed project is consistent with the goals objectives and policies of the General Plan of the City of Palms Springs, including General Plan Goal 8.A, which calls for adequate and safe utility systems to support existing and proposed land uses. Section 3: Pursuant to the Zoning Ordinance Section 94.02, the City Council finds that: a. The use applied for at the location set forth in the application to the CEC is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance, as amended by Urgency Ordinance. Pursuant to the Zoning Ordinance, a proposed single cycle electrical generation facility is conditionally permitted in the M-2 zone. b The said use is necessary or desirable for the development of the ' community, and is in harmony with the various elements of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. C. The site for the intended use is adequate in size and shape to accommodate such uses including yards, setbacks, walls and fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. d. The site of the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. e. That the conditions recommended to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City of Palm Springs, California that the Mayor and City Council, on behalf of the City of Palm Springs, recommends approval of the Indigo Power Facility and directs staff to provide technical assistance and agency comments to the CEC in processing the Indigo Energy Facility; BE IT FURTHER RESOLVED that the City Council finds that the following ' recommendations and improvements are necessary for public purposes and to,comply with local policies, codes and ordinance, and should be required by the California Energy Commission as Conditions of Approval. Resolution 20014 Page 3 RECOMMENDATIONS TO CALIFORNIA ENERGY COMMISSION ' Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. Wildflower Energy LP, the project owner, shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning the Indigo Energy Facility (Case No. 5.0870). The City of Palm Springs will promptly notify the Wildflower Energy, LP of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Final landscaping, irrigation, exterior lighting, and fencing plans shall be ' submitted for approval by the Department of Planning and Building prior to issuance of an operations permit. Additional plant material, including trees, shrubs, vines and groundcover, shall be required. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. The purpose of the Agricultural Commissioner's review is for quarantined plant material. 3. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 4. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the CEC. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 5. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root Farriers installed per City of Palm Springs Engineering specifications. 6. All proposed signs shall comply with Section 93.20 of the Palm Springs Zoning Ordinance. 7. An exterior lighting plan, in accordance with the Palm Springs Zoning Ordinance Section 93.21.00. Outdoor Lighting Standards, shall be implemented in order to reduce glare. If lights are proposed to be mounted on buildings, down-lights shall be utilized to reduce glare. Resolution 20014 Page 4 8. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an ' in-lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 9. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. All storage shall be fully screened per Section 92.17 of the Palm Springs Zoning Ordinance. 10 Parking areas shall be constructed in accordance with Section 93.06 of the Palm Springs Zoning Ordinance. 11. Pursuant to Section 11.74 of the Municipal Code, the proposed project shall operate in accordance with City noise standards. Information provided in the noise study indicates that the project has the potential to exceed allowable noise levels during evening and night time hours. The CEC will be responsible for ensuring that the applicant mitigates project-generated noise impacts to a level of less than significant. WASTE DISPOSAL SERVICES: 1. A trash enclosure, subject to approved City construction details, is required See attached specifications. BUILDING DEPARTMENT: 1. The site is located less than 5 kilometers from the Southern San Andreas Fault, a type A fault as noted on the map of"Active Fault Near-Source Zones." This map is used in conjunction with the 1998 California Building Codes tables 16-S and 160T in the structural design of the facility. 2. The facility should be categorized in Occupancy Category 3 entitled "Special Occupancy Structures" as defined in the California Building Codes table 16-K provided that the aqueous ammonium hydroxide storage tanks are not housed within a building or structure. The occupancy category will define the seismic and wind design importance factors to be used in the structural design of the facility. 3. Since the facility is defined in Table 16-K as a category 3 structure, the site should require "structural observation" as defined in 1998 California Building Codes section 1702. 4. The site is located in seismic zone 4 and should conform to all California Building Codes design criteria for that seismic zone. 5. The City of Palm Springs is located in an 80 mph exposure C minimum wind design area. Due to the site location and height of the exhaust stack, it would be highly advisable to employ the more stringent wind design criteria used for the wind turbine support columns on nearby sites. Resolution 20014 Page 5 FIRE: 1. Water storage tanks should have a 4" fire department connection, national ' standard hose thread, location and connection shall be approved by the Fire Department, as per the 1998 California Fire Code. 2. Prior to acceptance tests, please furnish the Fire Department with the following, fire extinguisher system acceptance tests specification and training outline for the local fire department. 3. The inspection and testing of the fire extinguisher system shall be in accordance with Title 19 of the California Administrative Code. ENGINEERING: 1. The applicant shall dedicate 44' of street right of way and construct 19"Avenue to its ultimate General Plan design, including full half-street improvements, across the entire property frontage. Pursuant to the General Plan Circulation Element, 191" Avenue is designated as a Secondary Thoroughfare with 88' of street right of way. The Collector Street features a 44' wide half street cross section. The required off-site improvements include connecting pavement, curb, gutter and 8' wide sidewalk. The street section shall be constructed according to the Engineering and Public Works Department standards industrial park street cross-section. Submit site improvement plans for review and approval by the City Engineer. 2. Applicant shall pave 20' x44' Southern California Edison interconnect facility driveway, including curb cuts and driveway approach. 3. The property is subject to the Transportation Uniform Mitigation Fee (TUMF). The applicant shall pay the appropriate TUMF fee. ADOPTED this 71 Ctday of Marrb 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Rleindienst NOES: None ABSTAIN: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: X -