HomeMy WebLinkAbout20159 - RESOLUTIONS - 8/16/2001 RESOLUTION NO. 20159
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING FINDINGS REGARDING
THE ZONING ORDINANCE AMENDMENT ALLOWING NATURAL
GAS FUELED ELECTRIC GENERATION FACILITIES, SUBJECT
TO A CONDITIONAL_ USE PERMIT, IN THE "Ed" ENERGY
INDUSTRIAL ZONE.
WHEREAS, the Palm Springs General Plan broadly 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, a stated goal of the Palm Springs General Plan (Goal 8.A)is to provide adequate and
safe utility systems to support existing and proposed land uses; and
WHEREAS, an objective of the Palm Springs General Plan (Objective 8.1) is to ensure adequate
electrical systems to meet the demands of new and existing development; and
WHEREAS, a policy of the Palm Springs General Plan (Policy 8.1.1) requires public utility
improvements where existing systems are deficient, as feasible; and
' WHEREAS, a policy of the Palm Springs General Plan (Policy 8.1.6) requires that new
development be contingent upon the ability to be served by adequate electrical and supporting
infrastructure; and
WHEREAS, the proposed Zoning Ordinance Amendment is therefore consistent with the General
Plan of the City of Palm Springs; 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 potential threat to the health, welfare and
safety of the residents and businesses of Palm Springs and the Coachella Valley if there is
insufficient electrical power available in the desert during the summer months;
WHEREAS, the Planning Commission at a regularly scheduled and legally noticed meeting on July
25, 2001 conducted a public hearing, took testimony and considered the record in regards to the
proposed zoning ordinance amendment; and
WHEREAS, the Planning Commission, at said meeting voted to recommend that the City Council
of the City of Palm Springs, adopt the proposed zoning ordinance amendment to the Energy-
Industrial "Ed" zone; and
WHEREAS, the City Council of Palm Springs finds that the California Energy Commission must
make certain findings regarding air quality impacts including, but not limited to, a finding that such
power plant will be equipped with the best available technology and that such power plant will not
have a significant adverse effect on the environment and that South Coast Air Quality Management
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City Council
cil Resolution No.20159
Ocotillo Energy Facility
District (SCAQMD)will prepare a Preliminary Determination of Compliance Report; and
WHEREAS, the City Council finds that it should be offered the opportunity to review additional
environmental information prepared bythe California Energy Commission including, but not limited
to, the SCAQMD Preliminary Determination of Compliance prior to the proposed zoning text
amendment going into full force and effect; and
WHEREAS,the City Council is concerned about the project's air quality impacts and the cumulative
impact of the proposed Ocotillo Energy Facility(Phase I and II)and the Indigo Energy Facility and
does not support the siting of any additional new or expansion of any existing natural gas-fueled
electric generation facilities in the western Coachella Valley if there are significant unmitigated
environmental impacts; and
WHEREAS, Ocotillo Energy/Intergen has submitted a letter dated August 01, 2001 outlining
anticipated and proposed public benefits if the Ocotillo Energy Facility is constructed and has
acknowledged that the City of Palm Springs and Ocotillo Energy/Intergen must enter into a formal
agreement to legally bind Ocotillo Energy/Intergen to ensure that anticipated and proposed public
benefits are provided to the community; and
WHEREAS, the City Council supports the first reading of the proposed zoning text amendment
subject to further review of additional environmental analysis from the California Energy
Commission or SCAQMD including, but not limited to, the SCAQMD Preliminary Determination of
Compliance prior to approval of the second reading of the proposed zoning text amendment; and
WHEREAS, the City Council, at a regularly scheduled and legally noticed meeting on August 1,
2001 conducted a public hearing, took testimony and considered the record in regards to the
proposed zoning ordinance amendment.
THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVES THAT THE INTRODUCTION OF THE FIRST READING OF ORDINANCE WOULD
MAKE THE FOLLOWING ZONING CODE AMENDMENTS:
SECTION 1: Section 92.17.2.02.6.7.d is amended to read as follows:
The E-1 energy industrial zone is intended to provide areas for alternative energy
development, natural gas fueled electrical generation facilities„ and limited industrial uses
in those areas which by virtue of strong prevailing winds are ideally suited for large-scale
development of wind energy. Alternative and natural gars fueled electrical energy
development is intended as the principal land use,with the permitted industrial uses serviced
directly,and primarily, by alternative and natural gas fueled energy for electrical needs. The
retention of open space is encouraged. No industrial use shall be permitted which, by the
nature of its development or operation, will in any way adversely affect the resort ,
environment of the city.
' Page 3 of 3
City Council Resolution No.20159
Ocotillo Energy Facility
SECTION 2. Section 92.17.2.02.D.7.d is amended to read as follows:
d. Natural Gas Fueled Electrical Generation
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty(30) days
after passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof or a display
advertisement, duly prepared according to law, to be published in accordance with
law.
BE IT FURTHER RESOLVED that the City Council of the City of Palm Springs reserves the right
to deny the second reading of this ordinance if, upon review of additional environmental analysis
from the California Energy Commission or SCAQMD, significant adverse environmental impacts
which cannot be mitigated are identified.
' ADOPTED this 16°i day of August, 2001
AYES: Members Hodges, Reller-Spurgin, and Mayor pro tem Oden
NOES: None
ABSENT: Member Jones and Mayor Kleindienst
ATTEST CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager � �y
REVIEWED AND APPROVED AS TO FORM