HomeMy WebLinkAbout3/21/2001 - STAFF REPORTS (29) DATE: March 21, 2001
TO: City Council
FROM: Director of Planning & Building
INDIGO ENERGY FACILITY - REVIEW OF A CALIFORNIA ENERGY COMMISSION
APPLICATION FOR CERTIFICATION OF A PROPOSED ELECTRIC ENERGY
GENERATION FACILITY UNDER THE 21-DAY EMERGENCY PERMITTING
PROCESS, ON A 10.00 ACRE PARCEL IN THE M-2 ZONE, LOCATED NORTH OF
INTERSTATE 10, WEST OF NORTH INDIAN AVENUE, ON 19T" AVENUE, SECTION
15, T3S, R4E, SBBM.
RECOMMENDATION:
That the City Council adopt the attached resolution directing staff to provide technical
assistance and agency comment to the California Energy Commission (CEC) in
processing the Indigo Energy Facility application for a 135-megawatt (MW) electrical
power generation facility. The resolution identifies recommended on-site and off-site
improvements necessary for public purposes, and to comply with local ordinances. The
applicant, Wildflower Energy LP, is a limited partnership between Shell Oil and Bechtel,
and the property owner is WindTec (Frederick Noble).
SUMMARY
The CEC has received an application for a 21-Day Emergency Permit for a 135 MW
single cycle electrical power plant on 10 acres. The CEC is the lead agency and has
authority to issue land use and construction permits. If approved by the CEC, the project
will take approximately 4 months to construct and will help reduce a 5000 MW shortage
during peak summer months. Adoption of the recommended resolution conveys the City
Council support for the project and provides recommendations of on- and off-site
improvements in accordance with City policies, codes and requirements.
BACKGROUND:
On March 14, 2001, the City Council during a special meeting on the project, noted that
the project was similar in nature to other energy projects in the area and that the City of
Palm Springs has historically been proactive in seeking alternative and other energy
solutions and therefore directed staff to work with the CEC.
The CEC estimates that, if California experiences high temperatures this summer, the
state's electricity needs would exceed supply by as much as 5,000 MW. In order to
minimize the number, extent and duration of electricity blackouts anticipated this
summer, the CEC has embarked on a range of solutions including accelerating
construction of approved energy projects, re-rating existing power plants to generate
power at their maximum rate and the construction of new peaking plants.
The Governor has identified the goal of bringing 1000 MW of new power plants on line
to help meet electricity demand during peak demand periods. These plants will be
simple cycle plants that can be constructed in a relatively small area and can be
connected to the existing electric transmission and natural gas system.
The applicant, Wildflower Energy LP, represented by Robert H. Wren, has applied to the
CEC for permission to construct a 135 MW electric power generating facility. The facility
is being processed under the 21-day California Emergency Power Plant Permitting 579
Indigo Energy Facility
March 21, 2001
Page 2 of 6
program, signed into law by Governor Davis as Executive Order D-26-1 on February 8,
2001. The property is located north of Interstate 10, west of North Indian Avenue, on the
north site of 19"Avenue, north of the existing business park subdivision. The property is
located within the City of Palm Springs.
The Governor has directed the Commission to use its emergency power plant permitting
authority under Public Resources Code 25705 to permit new peaking and renewable
plants that can be online by July 31, 2001. The CEC has revised the on-line date to
September 30, 2001. Under the emergency program, the proposed project is exempt
from CEQA. A fatal flaw environmental analysis will be prepared by the CEC. Two public
hearings are required, including one which must be conducted in the community closest
to the project. A tentative public hearing date is scheduled for Tuesday, March 27, 2001,
from 6pm to 8pm at the Palm Springs City Hall Council Chamber. The process also
establishes a 10-day public comment period, which begins when the application is
deemed complete by Commission staff.
The project is designed with three natural-gas fired combustion turbine generators
equipped with air pollution control features. GE LM6000 aero derivative combustion
turbine generators are proposed and will be configured in a simple cycle mode. The
combustion inlet air will be filtered and cooled via inlet fogging systems. A lube oil
system will be cooled by a fin fan cooler and generators will be air cooled. The project
includes a staging and maintenance area located immediately adjacent to the plant site.
The project features three identical 105' tall stacks and turbine compressor vents. Other
components range up to 45' in height.
For comparison purposes, WECS#67, located to the northeast of the proposed facility,
features six windmills, with a maximum height of 296' and a turbine hub height of
approximately 210'.
The process established by the Governor provides for the CEC to oversee the plan
check, permit processing and construction inspection process. Under the Executive
Order, the project is required to conform with local codes and ordinances. The City's
involvement will be to provide agency comment to assist the applicant in designing the
project to conform with City codes and standards. CEC staff have inquired if the City
would be interested in managing the CEC construction permit process. Staff
recommends that the CEC manage all permits for this project. To meet project technical
and time requirements, the City would need to use contractors to provide services.
As outlined in the application to the Commission, the life of the proposed facility is ten
years, with up to 7,884 hours of operation annually (328.5 days). However, the facility is
ostensibly designed to provide for distributed power during periods of peak demand.
As designed, the project would employ natural gas for combustion into electricity
through three 45 MW turbines. A 24" gas pipeline which will provide the fuel is proposed
to be constructed from the project under Avenue 20, Garnet Avenue and Interstate 10 to
one of two existing 30" Southern California Gas pipelines facilities located south of 1-10.
The project will utilize an estimated 1,500 mmbtu/hr of pipeline quality natural gas.
The applicant proposes to install 1600' of 115kv electric transmission line and 65 to 70
wood poles with wish-bone construction linking the proposed project to the existing
Independent Service Operators-controlled Devers-Garnet Electricity Substation.
Indigo Energy Facility
March 21, 2001
Page 3 of 6
The site is presently served via an existing 12"water line operated by Mission Springs
Water District. A new water line approximately 90' in length would be installed which
would connect the site to the existing line in 191h Avenue. When operational, the project
will utilize 240 g.p.m. for cooling.
The Fire Department has reviewed the proposed fire protection plan and is comfortable
that the design mitigates fire concerns and that adequate water can be supplied in
accordance with the Community Fire Protection Plan, with some minor modifications.
The proposed site is presently vacant and disturbed. Disturbances include off-road
vehicle tracks, human foot prints and debris deposited from human activities.
The project is among the first two applications received by the Commission, both of
which are proposed by Wildflower Energy. The other application is a 90 MW plant called
the Larkspur Energy Facility located in the Otay Mesa area of San Diego.
The project site is an unimproved 10 acre parcel (Assessors Parcel #666-320-014).
Half street improvements have been constructed along 191h Avenue adjacent to the
project site. The owner of the proposed project site is Wintec Energy.
SUMMARY OF ENVIRONMENTAL ISSUES
Under the Governors Executive Order, the normal environmental review procedures
under the California Environmental Quality Act (CEQA) are waived. Instead, a fatal flaw
analysis is conducted by the Commission. The application identifies and addresses the
following anticipated environmental issues. See attachment 2 for additional detail.
Noise
A draft acoustical analysis report was prepared by Hersh Walker Acoustics on February
28, 2001. The report addresses the issues related to project generated noise. The
report indicates that the turbine and generator are to be covered with noise enclosures
to protect workers and surrounding land uses. The ancillary equipment has optional
noise suppression equipment available.
Ambient noise baselines were measured at the site on February 15, 2001. The date was
selected due to still air conditions, with all wind turbines in the area motionless. Railroad
and Interstate-10 noise was clearly audible at the site. The ambient noise baseline was
determined to range between 50 dB and 64dB, between 11:18 pm and11:28 pm.
The noise report findings indicate that, with the proposed enclosures on the generators
and ancillary equipment, the project is on the edge of compliance with municipal nose
regulations. The project noise level at the property line with ancillary equipment
enclosures will be between 65 dB and 70 dB. The project generated noise level will be
clearly audible at the property line and could be disruptive for some individuals. As a
result of the distances between the facility and the residential area to the northeast, the
project should have a minimal impact on ambient noise levels in the residential areas
(40dB -48 dB). Based upon this analysis and a review of city codes and ordinances,
staff concurs with the recommended mitigation. However, the CEC shall be responsible
for ensuring that all noise impacts are mitigated to a level of less than significant.
9J5#? 3
Indigo Energy Facility
March 21, 2001
Page 4 of 6
Hazardous Materials
Aqueous ammonia or ammonium hydroxide (NH4OH) is proposed to be stored on site
for use emission control using a selective catalytic reduction unit. The NH4OH is
proposed to be stored on site in three 10,000-gallon horizontal tanks, built inside
enclosed dikes, which are designed to serve as containment units. On site storage and
handling of NA4OH is regulated under the California Accidental Release Program (Cal
ARP) requirements under California Health and Safety Code (CH&SC) Section 2770.1.
Biological
A biological assessment and supplemental report were prepared by VHBC Incorporated
on January 3, 2000, as part of the application. No signs of the desert tortoise were
observed on site. Flat tailed horned lizard habitat is not present on site. The site
contains habitat for both the Palm Spring ground squirrel and Palm Spring pocket
mouse, however, none were observed. Trap data indicates that the Jerusalem cricket
does not exist on site. Wildlife observed includes jackrabbit, coyote, desert iguana and
western whiptail lizard. The study notes that the project is not expected to result in
significant local or regional biological impacts. The study noted, however, that data may
be enhanced if field surveys were collected in the spring. The study recommends that
the applicant pay $600 per acre mitigation fee for the loss of desert lands.
Traffic and Transportation
Indian Avenue, with a design capacity of 18,000 average daily trips (ADT), is currently
operating at a level of service (LOS) C south of Interstate-10 (12,00 ADT or 67% of
capacity) and at LOS D north of Interstate-10 (13,400 ADT or 74% of capacity). The
application includes a traffic control plan for roads during the construction period.
Adjacent to the site, 19'"Avenue is constructed to a 30' half-street. Staff recommends
that the applicant construct full half street improvements along the north side of 19th
Avenue, from the project's western boundary to North Indian Avenue. This would include
the remaining pavement of the half street, curb, gutter and 8' wide meandering sidewalk.
Staff also recommends that a construction access plan be developed which directs
heavy truck traffic to Hwy 62 and Dillon Road. The construction access plan should
avoid using the Interstate-1 0/Indian interchange due to congestion and limited turning
movements for large vehicles.
Cultural
No previously recorded cultural resource sites are within the proposed project area.
Notification of tribal nations was not performed due to the absence of recorded cultural
sites. The applicants propose standard cultural resource mitigation should cultural
resources or materials be recovered during the construction or related activities. All
construction activities would stop immediately. A site assessment would be made by a
qualified archaeologist. Similarly, if human remains should be recovered, all work on the
project would be halted. The Riverside County Coroner would be immediately notified.
All questionable materials discovered on site, including suspected or not readily
identifiable cultural resources, must be considered significant by the construction crew
until an archeological specialist can provide an assessment.
07504 y
Indigo Energy Facility
March 21, 2001
Page 5 of 6
Paleontological
No previously recorded paleontological resource surveys have been conducted on the
project site. The land surface has been previously disturbed natural and human related
surface disturbances. Prior to construction, the applicant will retain a qualified
paleontologist to conduct a survey of the project site to ensure that no significant
paleontological resources would be affected by the project.
Visual Impact
The existing site is presently vacant and features uninterrupted view corridors of the
surrounding mountains. The project would be visible from the surrounding area. The
project includes three main power generation turbines, three selective catalytic reduction
modules, three exhaust stacks, the control enclosure and a facility substation which
would include three step up transformers and plant circuit breakers. A 70' tall wood pole
of wish-bone construction, 115kV circuit would be constructed along the north side of
191h Avenue between the existing wood pole 115kV circuit and the new utility sub
station-inter-connection facility located toward the western end of the property.
There are six existing wind turbine generators in the area of the of the project site. Six
additional wind turbine generators are proposed in the immediate vicinity. These wind
turbine generators are approximately 300' in height. While the proposed 105 foot tall
stacks are tall, they will not be out of context due to the number of taller wind turbine
generators in the area.
Air Quality
The applicant filed a Permit to Construct Application for the project with the South Coast
Air Quality Management District (AQMD) on February 23, 2001. Projected emissions
exceed AQMD thresholds for NOx, CO, SO2 and PM10 and therefore trigger emission
offset requirements. The applicant will be required to acquire emissions credits to offset
project emissions, with the result that when the project is operational, there will be no
net increase in air pollutants in the South Coast Air Basin. Based upon data provided in
the applicants application to the AQMD, the applicant will be required to secure
emissions offsets in the following amounts prior to initiating operations of the proposed
facility:
NOx: 603.42 lb/day
CO: 216.17 lb/day
SO2: 118.97 lb/day
PM10: 233.28 lb/day
CONFORMITY WITH CODES AND ORDINANCES
A conceptual landscape and wall plan prepared by T.D. Associates, Inc. has been
submitted as part of the application. Pursuant to code requirements, staff recommends
that the applicant install landscape and irrigation system improvements in compliance
with City Architectural Approval requirements.
asA �
Indigo Energy Facility
March 21, 2001
Page 6 of 6
Staff has formulated a series of recommendations for the CEC based upon the standard
code requirements for new development. The recommendations include a request for
right of way dedication and related off-site improvements along 19`"Avenue from the
project's western boundary to North Indian Avenue, preparation of a Fugitive Dust and
Erosion Control Plan, that any proposed signs conform with the municipal code,
preparation of an exterior lighting plan, participation in the public art program, the
provision of on-site and disabled accessible parking and construction of trash
enclosur
Director of nning and Building
City Manager
ATTACHMENTS:
1. Vicinity Map
2. California Emergency Power Plan Permitting application (21 pages)
3. CEC Request for agency participation (March 16, 2001)
4. CEC Public Hearing Notice
5. Resolution
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CALIFORNIA ENERGY COMMISSION
EMERGENCY 21-DAY SITING PROCESS
APPLICATION CHECK LIST
FOR THE INDIGO ENERGY FACILITY
1.0 PROJECT DESCRIPTION
The Applicant, Wildflower Energy LP, proposes to construct a simple cycle peaking
I electric.generation facility consisting of three GE LM6000 Enhanced Spring gas turbine
I engines.
i
I 1.1 Project Owner/Operator(Name,Address,Phone)
'I
I The Project is called the Indigo Energy Facility and will be located at 19th Avenue east
I of North Indian Avenue and north of Interstate 10 (I-10), City of Palm Springs,Riverside
1 County, CA
1 1.2 Overview of Power Plant and Linear Facilities
I
I The Indigo Energy Facility C hidigo') is a nominally rated 135 Megawatt (MW) power
1 plant that will utilize three natural gas-fired combustion turbine generators equipped with
I state of the art air pollution control features. GE LM6000 aeroderivative combustion
turbine-generators have been installed in hundreds of facilities throughout the world. The
1 facility will be configured in a simple-cycle mode. The combustion inlet air will be
filtered and cooled via inlet fogging systems to increase efficiency and output. The lube
1 oil system will be cooled by a fin fan cooler and the generators will be air cooled. The
I project will include a staging and maintenance area located immediately adjacent to the
Indigo plant site.
1 To reduce nitrogen oxide (NOx) emissions from Indigo, selective catalytic reduction
( (SCR) technology will be used. SCR, considered a best available control technology
1 (BACT), is a reliable and proven technology to reduce NOx emissions. Injecting
I ammonia vapor (NH3) into the flue gases, which then pass through a catalyst material,
I reduces the NOx emissions. The resulting chemical reaction reduces the NOx to
I harmless nitrogen and water. Aqueous ammonia will be transported five to seven times
I per month to the site via a tanker truck, regulated by the California Department of
I Transportation (Caltrans). Aqueous ammonia will be stored in three 10,000-gallon
storage tanks onsite. Secondary steel containments will be provided designed to retain a
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minimum of 110% of the storage tank volume. Small ammonia flow control vaporization
skids will be utilized to heat the ammonia and inject it into the SCR systems.
The size of the Indigo facility is compact and consists of modular components. With the
exception of the three 105-foot stacks and turbine compressor vents, the Indigo facility
p components are less than 45-feet in height and will occupy approximately 10-acres.
I The Indigo facility is located approximately 1,600 feet east of the existing Cal ISO
Controlled Devers-Garnet 115kV transmission line that connects with California's
I electricity grid at the Devers Substation I I5kV circuit. A new 65 to 70 foot wood pole,
I wish-bone construction, 115 kV circuit is anticipated to be constructed on the north side
I of 19th Avenue between the existing wood pole 115 kV circuit and the new utility
I substation-interconnection facility located towards the western end of the site property.
The 115kV transmission line extension will also require the addition of a new wood pole
structure inter-set at a junction point with the existing Devers-Garnet 11RV transmission
I line. The inter-set connection will provide the necessary physical connection to the
I 115kV circuit at Devers Substation.
I
I The Southern California Gas Company (Gas Company) will provide natural gas service
through a new 24-inch natural gas pipeline extension from one of the Gas Company's
existing 2000 or 2001 30-inch main pipelines. The extension from the 30-inch pipeline
will be north across Garnet Avenue, underneath Interstate 10, across 20th Avenue and
/ then continue north for approximately 900 feet along an existing Gas Company public
/ utility easement onto the west portion of the Indigo facility site. The project will utilize
0 an estimated 1,500 mmbtu/hr of pipeline quality natural gas.
/ The proposed Indigo facility will obtain potable water via already existing Mission
/ Springs Water District 12-inch water main that runs parallel to the project's south
property line on the south side of the paved portion of the 19th Avenue right-of-way. To
establish water service for the project, Mission Springs Water District will extend a new
/ water line across the 19th Avenue right-of-way area onto the project site. The new water
line will be less than 90 feet. It is estimated that the Indigo facility will consume
approximately 240-gpm water at peak usage. Prior to use by the facility, all potable
r water will be treated with off-site regenerated portable trailer mounted demineralizers.
/
Site storm drainage will be to the stormwater system. Plant drains will be routed to a
/ separation sump, with provisions for oil collection by an oily water separator. Any oil
TA2001\57000115026.02-CoraNalm Springs\CEC App\CEC Dmdm 2
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r sludge will be properly disposed of at an appropriate waste disposal or recycling facility.
r The plant is designed to have no other wastewater discharge.
r The project will include a construction staging and maintenance area located immediately
north of.the plant site on the project parcel. The construction staging area will be used
® during the construction phase of the project for parking vehicles and the storage of
® materials and equipment.
1.3 Structure Dimensions (Size and Height), Plan and Profile
The size of the Indigo facility is compact and consists of modular components. With the
exception of three 105-foot stacks and a turbine compressor vent, the Indigo facility
components are less than 45-feet in height and will occupy approximately ten acres. See
attached Attachment 1, The Indigo Energy Facility Site Plan and Attachment 2,
Elevations Drawings.
1.4 Full Size Color Photo of the Site and Rendering of Proposed Facility if
r Available
Refer to Attachment 3.
P 1.5 Maximum Foundation Depth,Cut and Fill Quantities
0 The proposed equipment will be supported on reinforced concrete foundation mats at grade.
0 The mat foundations will be approximately 3'-0"thick for the major equipment(CTG, SCR,
® etc.), and approximately 2'-0" thick for the ancillary equipment. Foundations will be
designed to support the weight of the equipment, plus operating loads, in additional to the
imposed loads due to wind or seismic.
The proposed project site will be graded to near flat within the equipment power island area
The site elevation will be detemriried based on the existing topography, and a balanced cut
and fill program.
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1.6 Conformance with California Building Code
The Indigo Facility will be designed and constructed in accordance with all applicable
local, state and federal design standards commonly used in the design of peaking
generation facilities. These standards will include specific criteria as it applies to the
State of California and City of Palm Springs, and will encompass seismic design
standards as they pertain to the Indigo Site.
1.7 Proposed Operation (Flours Per Year)
The Indigo facility is designed as a peaking unit, however, it will be permitted for 7884
hours of operation,_ to allow for maximum flexibility, however, with the emissions
evaluated accordingly.
1.8 Expected On-line Date
The Indigo facility is expected to be on-line and be ready for commercial operation on
June 1, 2001. It is anticipated that construction will require approximately two to three
months, provided that there are no delays in the gas and electric interconnection process.
In the event of a delay in gas and electric interconnection of the facilities, it is considered
that the construction period could be delayed up to seven months.
KO 1.9 Proposed Duration of Operation (Years)
W
The Indigo facility is designed as a peaking unit, however, it will be permitted for 5887
hours of operation, to allow for maximum flexibility, however, with the emissions
evaluated accordingly.
1.10 Identify Transmission Interconnection Facilities
The Indigo facility is located approximately 1600 feet east of the existing Cal ISO
Controlled Devers-Garnet 115kV transmission line which connects with California's
electricity grid at the Devers Substation 115kV circuit. A new 115 kV transmission line
consisting of 65 to 70 foot wood poles with wish-bone construction, will be constructed on
the north side of 19th Avenue between the existing Devers-Garnet 115 kV transmission line
and SCE's proposed interconnection facility which will be located on the southwestern
portion of the Indigo property adjacent to 19s` Avenue. The 115kV transmission line
extension will also ,require the addition of a new wood pole structure inter-set at a junction
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1.11 Transmission Interconnection Application
Refer to Attachment 4.
1.12 "Down-stream"Transmission Facilities (If Known)
Refer to Attachment 5.
1.13 Fuel Interconnection Facilities
The Southern California Gas Company (Gas Company) will provide natural gas service
through a new 24-inch natural gas pipeline extension from one of the Gas Company's
existing 2000 or 2001 30-inch main pipelines. The extension from the 30-inch pipeline
will be north across Garnet Avenue, underneath Interstate 10, across 20`" Avenue and
then continue north for approximately 900 feet along the already existing Gas Company
public utility easement onto the west portion of the Indigo facility site. The project will
utilize an estimated 1,500 mmbtu/hr of pipeline quality natural gas.
1.14 Fuel Interconnection Application
Refer to Attachment 6 for documents providing status of fuel interconnection request.
1.15 Water Requirements and Treatment
The Indigo facility will consume approximately 240-gpm water at peak usage to increase
plant efficiency and reduce NOx emissions.
r 1.16 Water Interconnection Facilities (Supply/Discharge)
' The proposed Indigo facility will obtain potable water via an already existing Mission
' Springs Water District 12-inch water main that runs parallel to the Project's south
' property line on the south side of the paved portion of the 19"' Avenue right-of-way. To
' establish water service for the project, Mission Springs Water District will extend a new
r water line across the 190' Avenue right-of-way area onto the project site. The new water
line will be less than 90 feet.
Site storm drainage. will be to a storm water system. Plant drains will be routed to a
separation sump, with provisions for oil collection by an oily water separator. Any oil
D sludge will be properly disposed of at an appropriate waste disposal facility or recycling.
D
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1.17 Source and Quality of Water Supply
Indigo will obtain water from the Mission Springs Water District municipal system.
Refer to Attachment 7 for water quality information.
1.18 Water Supply Agreement/Proof of Water Supply
Wildflower has met with the Mission Springs Water District requesting water supply
service. Mission Springs subsequently tested their municipal system and has verbally
confirmed the Water District's ability to serve the Indigo facility's water supply
requirements. Mission Springs has prepared a written confirmation of ability to serve
(refer to Attachment 8) and an estimate for cost of services and interconnection.
Wildflower Energy LP expects to execute a Water Supply Agreement in time for
interconnection of water supply services to support construction and operation.
2.0 SITE DESCRIPTION
2.1 Site Address (Street, City, County)
19s'Avenue
City of Palm.Springs,
Riverside County,
92258, CA
The project site is located at the north terminus of 190'Avenue; east ofN. Indian Avenue;
west of Karen Avenue; south of Dillon Road and north of Interstate 10 (1-10), City of
Palm Springs,Riverside County,CA.
2.2 Assessor's Parcel Number
666-320-014 (Plant Site only)
2.3 Name and Addresses of all Property Owners Within 500 Feet of the Project
Site or Related Facilities
Please refer to Attachment 9 for a map of adjacent parcels and list of property owners. A
list of all property owners within a 500 foot radius of the plant site and off-site linears in
an electronic mail merge format will be submitted to the CEC under separate cover.
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r 2.4 Existing Site Use
r The proposed plant'site is currently vacant. The transmission line would be located on
r vacant land east of the plant site. The water line would be located on the project site
r which.ls currently vacant land and connect to an existing water again extension on 19`h
r Avenue. The gas line would be located on an existing dirt road and proceed south of I-10
r to an existing gas line near Garnet Street.
2.5 Existing Site Characteristics (Paved,Graded, etc.)
r The proposed plant site is currently an unimproved lot. Disturbances on-site are scattered
r and include off-road vehicle tracks, human foot tracks, and areas where debris from
r human activities has been deposited.
r
r 2.6 Layout of Site(Include Plot Plan)
iThe plant will be constructed within a 10-acre site which includes three main-power
r generation turbines,three SCR modules, three exhaust stacks,the control enclosure and a
r facility substation which includes three step up transformers and plant circuit breakers. A
r new 65 to 70 foot wood pole, wish-bone construction, 115 kV circuit is anticipated to be
r constructed on the north side of 19th Avenue between the existing wood pole 115 kV
r circuit and the new utility substation-interconnection facility located towards the western
r end of the site property. Refer to Attachment 1,the Indigo Site Plan.
2.7 Zoning and General Plan Designations of Site and Linear Facilities
r General Plan Designation
r
' Plant Site:Energy/Industrial(E/I)
Transmission Line: Energy/Industrial(E/I)
Water Line: Energy/Industrial(E/I)
r Gas Line: Energy/Industrial(E/I) and Highway Commercial(HQ
r
' Zoning Designation
Plant Site: General Manufacturing(M-2)
' Transmission Line: General Manufacturing(M-2)
Water Line: General Manufacturing (M-2)
Gas Line: General Manufacturing (M-2) and Highway Commercial (HQ � nd
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2.8 Ownership of Site(Name,Address, Phone)
Wintec Energy, LTD
125 East Tahquitz Canyon Way, Suite 201
Palm Springs, CA 92262
(760) 323-9490
2.9 Status of Site Control
The project acquired site control upon signing a binding Agreement to Lease the property
from Wintec Energy, LTD for 10 years, with options to extend the term of the lease for
up to 30 years. A final agreement to either lease or purchase the property will be
executed prior to the commencement of construction.
2.10 Equipment Laydown Area-Size and Location
The project will utilize an approximate one-acre staging area located east on the project
site. Additionally, the project will utilize approximately 2,000 feet of off-site
administrative and warehousing facilities located near the site. This area has not been
selected.
3.0 CONSTRUCTION DESCRIPTION
3.1. Construction Schedule
It is anticipated that construction will require approximately two to three months,
provided that there are no delays in the gas and electric interconnection process. In the
event of a delay in gas and electric interconnection of the facilities, it is considered that
the construction period could be delayed up to seven months.
3.2 Workforce Requirements (Peak,Average)
As a worst case scenario Wildflower Energy has assumed the following construction
scenario. At the beginning of the project, the construction team will consist of
approximately 80 workers. The team will grow to be approximately 200 workers over
the first three months of the construction schedule. During the following two months, the
construction team will remain approximately at 200 workers. In the peak construction
. month there will be an estimated peak of 200 personnel for construction of the project.
During the last two months of construction, the team will be reduced to 40. It is
2S�/S
T92001\57000115026.02-ComiTalm Springs\CEC App\CEC Doc.doc 8
anticipated that most of the construction workers will not be expected to relocate. During
plant operations,the plant site will be dispatched from a remote location. A crew of up to
five employees will be dispatched to the site periodically during times of"peak" energy
needs and for maintenance activities.
4.0 POWER PURCHASE CONTRACT(DWR,ISO, OTHER)
4.1 Status of Negotiations and Expected Signing Date
The facility is required to provide capacity and energy to the California ISO (CAISO)
pursuant to a Summer Reliability Agreement(SRA) executed with the ISO on November
28, 2000. The SRA requires the plant to be on line for Summer 2001 and allows the
CAISO to dispatch the Indigo facility from June to October for up to 500 hours for years
® 2001, 2002, and 2003.
P
r 5.0 AIR EMISSIONS
5.1 Nearest Monitoring Station(location,distance)
r Meteorological data to support operation of the air emissions model were obtained from
P the SCAQMD for the Palm Springs air quality monitoring station, approximately 4.8
miles south of the proposed project site. For more detailed information please refer to the
P Permit to Construct Application for the Wildflower project Indigo Energy Facility
submitted under separate cover.
5.2 Provide Complete Self Certification Air Permit Checklist
Refer to Attachment 10.
5.3 Provide Complete Air Permit Application
p The Permit to Construct Application for the Wildflower project Indigo Energy Facility,
submitted to the SCAQMD on February 23, 2001 and amended on March 7, 2001, is
provided under a separate cover.
5.4 Status of Air Permit Application with Air District
The Permit to Construct Application for theWildflower Project Indigo Energy Facility
was submitted to the South Coast Air Quality Management District (SCAQMD) on
T.�2001\57000115026.02Loml\Palm Springs\CEC App�CEC Doc.dm 9
r
r
r
February 23, 2001. Wildflower will submit a revised application on Wednesday, March
7,2001 to the SCAQMD.
5.5 Status of Offsets and/or Mitigation Fees,As Required
A comparison of the projected facility emissions versus SCAQMD thresholds indicates
that the expected emissions of NO, CO, S02 and PM10 are high enough to trigger
emission offsets, but ROG emissions will be below the threshold for this pollutant.
Based on estimates detailed in the Permit to Construct Application for the Wildflower
Project Indigo Energy Facility submitted under separate cover, the project will be
required to acquire the following offsets:
NO,,: 603.42 lb/day
CO: 216.171b/day
S02: 118.97 lb/day
PMIo: 233.281b/day
Wildflower Energy LP is currently working with several emissions offset brokers to
r obtain the required NOx credits. Due to the relative scarcity of PMIo ERCs presently
available for purchase within the SCAQMD, the needed quantity of ERCs for this
pollutant will be obtained using one or more of the following strategies:
• Utilize brokers to obtain the necessary PMIo credits;
• Utilize brokers to obtain SO,ERCs to be used at the 2:1 ratio accepted by SCAQMD;
• Develop a mitigation project or projects with appropriate entities to create the
required PM10 ERCs.
rIn addition, Wildflower Energy LP will investigate the possibility of purchasing credits to
offset project emissions of all pollutants from the California Air Resources Board
pursuant to Governor Davis' recent Executive Orders.
6.0 NOISE
6,1 Local Noise Requirements
Refer to Attachment 11 for the City of Palm Spring's Noise Requirements.
0WAY
T:\2001157000115026.02-Coml\Palm SpringsTEC App\CEC Doc.doc 10
A�
6.2 Nearest Sensitive Receptor(Type,Distance)
The nearest sensitive receptors are residences located 4,000—5,000 feet north of the site,
located at Indian Avenue between 18th Avenue and Dillon Road. Commercial uses are
located,approximately 3,540 feet southeasterly of the site. t
6.3 Project Noise Level at Nearest Property Line
Noise levels at the commercial and residential uses along Indian Ave are approximately
between 40-43 dB and noise levels south of 190'Avenue are approximately 65 dB. These
noise levels represent computed noise contours with standard noise control enclosures on
the turbine generators and ancillary equipment.
6.4 Proposed Mitigation if Required
For protection of the industrial park to the south and compliance with City of Palm
Springs nighttime noise standards at the distant residences, the applicant will include
standard enclosures on the turbine generators and ancillary equipment.
7.0 HAZARDOUS MATERIALS
7.1 Type and Volume of Hazardous Materials On-Site
Hazardous material required and stored onsite for the project will be aqueous ammonia.
The storage volume and purpose of the aqueous ammonia is described below.
Aqueous ammonia or ammonium hydroxide (NH40H) will be stored on site in three
10,000-gallon horizontal tank built inside an enclosed dike serving as a secondary
containment for the stored chemical. Ammonia will be used on site for emission control
using a Selective Catalytic Reduction (SCR) unit. The SCR is an air pollution control
system typically used for such applications.
SCR is a post-combustion flue gas control technology that removes NO. from the flue
gas after it has been generated in the combustion process. The SCR uses ammonia to
react with NO, in the exhaust gases and convert them into environmentally acceptable
emissions. It is proposed that aqueous ammonia at a concentration of approximately 19.5
percent be used for the project. The on-site storage and handling of aqueous ammonia is
regulated under the California Accidental Release Program (CalARP) requirements
(California Health and Safety Code (CH&SC) Section 2770.1).
T.\2001\57000115026.02-ConPPalm Springs\CEC App\CEC Doc.doc 11
A '
A
A
A
A
A
A 7.2 Storage Facilities and Containment
A Refer to Section 7.1.
A a
A 8.0 BIOLOGICAL RESOURCES
A
A 8.1 Legally Protected Species and Their Habitat On-Site and Along Linear
A Facilities
AThe dominant plant community onsite is creosote scrub, which is dominated by creosote
and burrobush. Disturbances on-site are scattered and include off-road vehicle tracks,
Ahuman foot tracks, and areas where debris from human activities has been deposited A
A Biological Assessment and supplemental report were prepared for the IEF project
A (February 2001) for this site by VHBC, Incorporated and URS Corporation (Refer to
A Attachment 12). The assessment concluded that the site does not currently contain, nor is
A it expected to support, any sensitive biological resources. The diversity of species will not
be affected by the proposed project, nor will the project effect the movement of fish or
any wildlife species.
A 8.2 Legally Protected Species and Their Habitat Adjacent to Site and Along
A Linear Facilities:
A
A No signs of the desert tortoise were observed onsite. Habitat for the flat-tailed horned
(16 lizard is absent. Habitat for the Palm Springs ground squirrel and Palm Springs pocket
A mouse is present on-site; however,neither species was observed during the field surveys.
0 The wildlife observed onsite include only common species such as jackrabbit, coyote
A desert iguana, and western whiptail lizard. No impacts to endangered, threatened, rare
species or their habitats are anticipated.
Construction of the proposed gas line and transmission line is not expected to result in
significant local or regional environmental impacts since the lines will be installed
adjacent to an existing dirt road. No sensitive species was observed near the gas and
transmission line. Potential foraging habitat for some common species is expected to be
eliminated by the construction; however, due to the size of the environmental effects and
the disturbed nature of the area, impacts are considered to be less than significant.
T:V001\57000115026.02Loralftlm Springs\CEC App\CEC Doc.doc 12
r
r
r 8.3 Designated Critical Habitat On-Site or Adjacent (Wetlands, Vernal Pools,
r Riparian Habitat,Preserves)
1 There are no vernal pools, riparian habitats, or wetlands onsite. No impacts are
r anticip4ted.
r 8.4 Proposed Mitigation if Required
r
r See 8.1. The applicant would pay$600 per acre to the City of Palm Springs as mitigation
r fees for the loss of desert lands.
r
r 9.0 LAND USE
r 9.1 Local Land Use Restrictions (Height,Use,Etc.)
r
r The proposed project site and surrounding General Plan land use designation is
r Energy/Industrial (E/1). This designation is designed to provide for industrial areas
r which combine alternative energy development and limited industrial land uses in those
r areas which are suitable for both(City of Palm Springs, 1993). The land is zoned General
r Manufacturing(M-2). A change of zone would not be required. The project is consistent
r with the General Plan Land Use Designation(E/1)and Zoning designation(M-2)for the site.
r The applicant would comply with the requirements as specified in the City of Palm Springs
r Zoning Code Section 9217-1.00 "M-2" Manufacturing Zone District. The project would
r comply with all local land use requirements and ordinances.
9.2 Use of Adjacent Parcels
The project is bounded on the north and west by vacant property (with WECS 28
approximately 14-mile to the west), on the south by an industrial park and on the east by
/ WECS 67. Refer to Attachment 13 for a map of local land uses.
9.3 Ownership of Adjacent Parcels-Site and Linears
Refer to Attachment 9.
9.4 Demographics of Census Tract(If Known)
The following demographic information is for the City of Palm Springs. The City of
Palm Springs had a total population of 42,226 in 1990. Twenty-two percent of Palm
' Spring's population are younger than the age of 21; 38% of the people are between the
TA2001\57000115026.02LoraValm Springs\CEC App\CEC Doc.doc 13 �I.
M '
w/
FO ages 22 and 49; 23% of the people are between the ages 50 and 69; and 17% of the
people are over the age of 70. The median family income for the City in 1990 was
$34,176 and approximately 12.7% of the total population was below the poverty level.
The racial percentages of total population for Palm Springs are shown in the table below.
R
Race Percentage of Population
White 82
Black 4. 5
Indian 0.7
Asian 3.7
Hispanic* 21
Other 9.1
Source: 1990 United States Census Bureau
It should be noted that the Bureau of Census indicates that persons of Hispanic origin may identify
with any of the minority population categories listed above, as well as with White and any other
category,to capture undefined on
10.0 PUBLIC SERVICES
10.1 Ability to Serve letter from Fire District
Refer to Attachment 14.
10.2 Nearest Fire Station
The nearest fire station is located at 72895 Dillon Road, approximately one mile from the
project site.
T:\2001\57000115026.02-Coml\Palm Springs\CEC App\CEC Doc.doc 14
L
11.0 TRAFFIC AND TRANSPORTATION
11.1 Level of Service (LOS) Measurements on Surrounding Roads - A.M. and
p P.M. Peaks
p Access to the site is provided by Interstate 10 (1-10) to Indian Avenue. In 1999, I-10
® carried 60,000 average daily traffic trips between State Route 111 and Indian Avenue
(Caltrans, 1999). Peak hour counts for this segment in 1999 were 5,500 (Caltrans, 1999).
Major access roads affected by the project include Indian Avenue. Indian Avenue has a
capacity.of 18,000, is handling 12,000 average daily.trips (67% of capacity) south of I-
10, and 13,400 (74% of capacity) north of I-10, and is operating at LOS C and LOS D,
respectively(County of Riverside,2000). A 24-hour traffic count performed in the winter
ra of 1998 counted 11,159 vehicles on Indian Avenue south of Dillon Road. A similar
count performed March 19, 1988 at the intersection of 19a' Avenue and Indian Avenue
identified 5,481 southbound and 6,401 northbound vehicles (11,882 vehicles total) along
(� Indian Avenue, and 291 vehicles eastbound along 19a' Avenue. There are no planned
improvements to Indian Avenue in the near future (County of Riverside, 2000). Peak
hour counts for Indian Avenue were not available at the time of the preparation of this
application.
0 11.2 Traffic Control Plan-for Roads During Construction Period
16 In order to minimise impacts to traffic flow Wildflower Energy LP will develop and
16 implement a standard traffic control plan consistent with the size and scope of the Indigo
facilities construction activities. Some of these safety measures include:
• Utilize proper signs and traffic control measures in accordance with Caltrans and City
requirements.
• Install crossing structures to avoid obstructing roads.
• Coordinate construction activities with appropriate City and County departments if
closures of major roads are necessary during pipeline construction.
• Coordinate crossing of State highways with Caltrans in accordance with Caltrans
regulations and permit requirements.
• Schedule traffic lane or road closures during off-peak hours whenever possible.
�- T:\2001\57000115026.02-CorW\Palm Springs\CEC App\CEC Doc.doc 15
0
00
V
V
V • Limit vehicular traffic to approved access roads, construction yards, and construction
V sites.
V
• Construct offsite pipelines in accordance with applicable State and local
r encroachment permit requirements. Cover trenches in roadways during non-work
V hours.
r Wildflower will obtain the following pen-nits prior to project construction:
V
r • Transportation permits required by Caltrans to transport oversize, overweight,
it ovetheight, and overlength vehicles on State highways (in compliance with California
r Vehicle Code Section 35780; the Streets and Highways Code Sections 117 and 660-
r 711; and 21 California Code of Regulations 1411.1 to 1411.6);
r
r Encroachment permits required from Caltrans for pipeline crossings of State
r highways; and
it
r • Encroachment permits required by the City of Palm Springs and County of Riverside
r for pipeline crossings of County-maintained roadways.
r • Compliance with California Vehicle Code Section 31300 et se_q. regarding the
transportation of hazardous materials.
r
11.3 Traffic Impact of Linear Facility Construction
r
r Offsite pipeline constructions would occur along 19th Avenue for the water line and
it construction of the gas line would require boring under I-10. The Southern California
0 Gas Company would be responsible for the construction and operation of the gas line in
the vicinity of I-10. The Southern California Gas Company would obtain all necessary
P approvals from Caltrans for construction and operation of the gas line. Appropriate
0 safety barriers would be installed as necessary during construction activities to reduce
potential hazards to pedestrians,bicyclists, and motorists.
11.4 Equipment Transport Route
r Access to the site is provided by I-10 to Indian Avenue to 19`h Street.
�sA�3
p� T:12001\57000115026.02Loml\Palm Springs\CEC App\CEC Dm.do 16
I i
11.5 Parking Requirements-Workforce and Equipment
Parking for construction personnel will be provided within the construction staging area
located on the west side of the project site. Construction of the project will require the use
and in4allation of heavy machinery and associated systems and structures. In addition to
deliveries of heavy equipment, construction materials such as concrete, pipe, cables, and
steel will be delivered to the site by truck. At this time, the types of vehicles and
equipment to be used for project construction have not been finalized.
12.0 WATER RESOURCES
12.1 Wastewater Volume,Quality,Treatment
Site storm drainage will be to the stormwater system. Plant drains will be routed to a
separation sump, with provisions for oil collection by an oily water separator. Any oil
sludge will be properly disposed at an appropriate industrial dumpsite or recycling
facility. The plant is designed to have no"other wastewater discharge.
12.2 Status of Permits for Wastewater Discharge or Draft Permit(WDR/NPDES)
Erosion and sediment controls and other BMPs will be implemented for the construction,
post-construction, and operations phases in accordance with the California NPDES
General Permit for Storm Water Discharge Associated with Construction Activity,
California NPDES General Permit for Storm Water Discharges Associated with
Industrial Activities, and with other local laws and ordinances as applicable.
12.3 Draft Erosion Prevention and Sedimentation Control Plan or Mitigation
Strategy
Draft Erosion Prevention and Sedimentation Control Plans are being prepared as part of
the civil design, as applicable. These plans will be submitted to the CEC upon
completion.
12.4 Spill Prevention/Water Quality Protection Plans
Spill Prevention/Water Quality Protection Plans are being prepared as part of the civil
design, as applicable. These plans will be submitted to the CEC upon completion.
TA2001\57000115026.02-CMIT21m Springs\CEC App\CEC Dm.dm 17
1
1
I
1
I
1 13.0 CULTURAL RESOURCES
1 13.1 Map of Known Historic/Prehistoric Sites
1 There are no previously recorded cultural resource sites within the proposed Indigo Area
1 of Potential Affect(APE); therefore,no map has been included.
1
1 13.2 Proposed Mitigation if Required
1 In the unlikely event that buried cultural materials or deposits are found during
1 construction or related activities the applicant would implement the following:
1
1 All work in that vicinity should stop immediately until an assessment can be made of the
1 finds by a qualified archaeologist. Should human remains be encountered, work in the
1 vicinity must halt. The Riverside County Coroner must be immediately notified (800 S
1 Redlands Ave., Peiris, CA 92570, tel: 909.443.2300). Suspected human skeletal remains
1 should never be handled or removed from their initial discovery location until a qualified
1 archaeologist or the Riverside County Coroner is present. If human remains are noticed
1 only after an excavation has re-deposited the materials, then the suspected materials and
1 associated deposit should remained covered until assessed by the Riverside County
( Coroner. If the remains are determined to be Native American, the Riverside County
1 Coroner will contact the Native American Heritage Commission.
1 All questionable materials inadvertently discovered—including suspected or not readily
1 identifiable cultural resources—must be considered significant by the IEF construction
1 crew until an archaeological specialist can provide an accurate assessment. If potentially
1 significant cultural resources are detected and cannot be avoided by IEF construction,
1 then impacts must be mitigated through data recovery or other means in consultation
1 pertinent agencies and concerned parties.
1 13.3 Notification of Native Americans
1
Notification of Native Americans was not performed due to the absence of cultural
resources on-site.
I
dQsig 2
T.\2001\57000115026.02-Coral\Palm Springs\CEC App\CEC Dmda 18
14.0 PALEONTOLOGICAL RESOURCES
14.1 Identification of Paleontological Resources
To date no paleontological resource surveys have been conducted on the project
components. However, the land surface encompassed by these project components has
been subject to extensive natural and human-related surface disturbances. The potential
for intact significant paleontological resources appears low. Prior to construction the
Wildflower Energy LP will retain a qualified paleontologist to conduct a survey of the
project components to ensure that no significant paleontological resources would be
affected by the project.
14.2 Proposed Mitigation if Required
In the event of a discovery of previously unknown surface or subsurface paleontological
resources before or during construction, the project applicant will stop work in the
immediate vicinity of the discovery and retain a qualified paleontologist to ensure that
appropriate measures are taken to avoid and protect, or scientifically remove and curate
the specimen.
15.0 VISUAL RESOURCES
15.1 Plan for Landscaping and Screening to Meet Local Requirements
Wildflower Energy LP has met with the City of Palm Springs Planning Director, Doug
Evans on Thursday on 3/1/2001 to discuss a landscape design plan and is in the process
of preparing a Landscape Plan.
Wildflower Energy LP has identified the following Desired Landscape Design Intent:
• Use architectural and landforms elements to make the industrial facility integrate into
the environment.
• Enhance street frontage with landforms such as boulders, desert plants and colorful
groundcover.
T:\2001\57000115026.02-Coml\Palm Springs\CEC App\CEC Dm-dw 19
• Provide modular, stepped walls along 19`h Avenue. Provide different wail heights,
and different color tones. Use three different tones of earth colors in order to give an
interesting and pleasant architectural look, and give depth to the site.
• Incorporate multi trunk trees, initially in a bush form then trimmed after they
establish. Incorporate palm trees (i.e., Washingtonia filifera) to the landscaping. Use
clusters of palms inside the facility.
15.2 Full Size Color Photo of the Site and Rendering of Proposed Facility if
Available
Refer to Attachment 3.
16.0 TRANSMISSION SYSTEM ENGINEERING
16.1 Conformance with Title 8, High Voltage Electrical Safety Orders, CPUC
General Order 95 (or NESC), CPUC Rule 21, PTO Interconnection
Requirements, and National Electric Code
The project will conform with Title 8, High Voltage Electrical Safety Orders, CPUC
General Order 95 (or NESC), CPUC Rule 21, PTO Interconnection Requirements, and
National Electric Codes.
1
I'
TA2001\57000115026.02-C=T\Palm Springs\CEC App\CEC Db A. 20 III
REFERENCES
United States Census Bureau. 1990 US Census Data. Web Site:
ho://venus.census.gov/cdro
a.
Caltrans. 1999. 1999 Traffic Volumes on the California State Highway System (CSHS).
httt)://www.dot.ca.gov/ha/traffops/saferesr/trafdata/.
Country of Riverside. 2000. WECS 107 Environmental Impact Report.
City of Palm Springs. 1993. Final Environmental Impact Report Palm Springs
Annexation Map.
City of Palm Springs. 1993. City of Palm Springs General Plan.Adopted March 3, 1993.
T:\2001\57000115026.02-Cmal\Palm Springs\CEC App\CEC Doc.doc 21 ��
STATE OF CALIFORNIA THE RESOURCES AGENCY GRAY DAVIS,
CALIFORNIA ENERGY COMMISSION '
1516 NINTH STREET
SACRAMENTO,CA 95814-5512
March 16, 2001
TO: AGENCY DISTRIBUTION LIST
REQUEST FOR AGENCY PARTICIPATION IN THE REVIEW OF THE INDIGO
ENERGY FACILITY EMERGENCY PERMITTING PROPOSAL (01-EP-2)
On March 8, 2001, the Wildflower Energy LP (Wildflower) filed an emergency permitting
application for the Indigo Energy Facility (Indigo). Wildflower submitted supplemental
application information on March 15. Energy Commission staff has found the
supplemented application is complete. A copy of the complete application, with the
supplemental information inserted, is enclosed with this letter. The complete application
is also available in Adobe PDF format on the project website, at
www.enerciy.ca.gov/sitincicases/ipeakers.
This project is being reviewed under Public Resources Code section 25706, which
grants the Energy Commission emergency permitting authority, and Executive Order D-
26-01, issued February 8, 2001. In Executive Order D-26-01, the Governor ordered
the Energy Commission and other relevant state and local agencies to expedite
review of proposed thermal power plants for construction and operation on an
emergency basis by July 31, 2001. Executive Order D-28-01, issued on March 7,
2001, extended this date to September 30. The Commission requests that you
send any comments, concerns, or proposed conditions of certification identified
by your agency by Monday, March 26. Comments should be sent to Kevin Kennedy,
the Energy Commission project manager for Indigo, by e-mail at
kkennedv(d)ener4v.state.ca.us. We request that comments be sent in Word 97 or Word
2000 format.
Staff has begun conducting an expedited `fatal-flaw' analysis of this project. A public
hearing and site visit will be held in Palm Springs approximately seven to ten days after
the application is determined to be complete. This hearing is t y sche u on
March 23. In order for the project, if approved, to be on line tember 30
Energy Commission plans to complete the expedited review oFhis project within
approximately three weeks.
The Indigo project will be a nominal 135 MW simple-cycle natural gas power plant
approximately one-half mile northwest of the Indian Avenue interchange with 1-10 in
the City of Palm Springs, in Riverside County. Wildflower anticipates the state of
commercial operation in early July 2001. The facility will connect to the 115 kV
transmission line that runs between the Garnet and Devers substations. The project
will include a new 24-inch natural gas supply line that will connect to one of the
existing Southern California Gas Company main 30-inch pipelines south of 1-10. The
project will utilize Selective Catalytic Reduction (SCR) and CO oxidation catalyst
systems to control emissions of oxides of nitrogen (NOx) and carbon monoxide (CO).
The project will obtain water from the Mission Springs Water District, which has a 12-
inch water main that runs along the south side of the project site. Peak water usage
is estimated at 240 gallons per minute. The only wastewater discharge from the
facility will be storm drainage, which will be routed to an oil-water separator prior to
discharge into the local storm drainage system. The project will use aqueous
ammonia for the SCR system. The ammonia will be stored in three 10,000 gallons
tanks with secondary containment.
SSA �
Agency Letter Indigo Energy Facility
9
2 01-EP-02
Wildflower anticipates construction to take approximat I fo mont This schedule is
dependent on timely completion of the natural gas and transmission interconnections.
Wildflower estimates that the peak construction workforce for this project will be
approximately 200.
ENERGY COMMISSION'S EMERGENCY PERMITTING AUTHORITY
This project is being considered outside of the Energy Commission's normal power plant
permitting process. Under Public Resources Code section 25705, if the legislature or
the Governor declares a state of energy emergency, the Commission has emergency
authority to order the construction and use of generating facilities under terms and
conditions it specifies to protect the public interest. This authority can be invoked only if
the Legislature or Governor declares a state of emergency and the Commission
determines that all reasonable conservation, allocation, and service restriction measures
may not alleviate an energy supply emergency. The Governor declared a state of
emergency on January 17, 2001. On February 8, the Governor issued several
executive orders and declared that all reasonable conservation, allocation, and service
restriction measures may not alleviate an energy supply emergency.
In Executive Orders D-26-01 and D-28-01, the Governor ordered the Energy
Commission to expedite the processing of applications for peaking and renewable power
plants that can be on line by September 30, 2001. The Governor also declared that
these projects are emergency projects under Public Resources Code section
21080(b)(4), and are thereby exempt from the requirements of the California
Environmental Quality Act (CEQA). A summary of the emergency permitting process,
including the proposed schedule, and a checklist showing the information required in an
application, is available at www.energy.ca.aov/sitinacases/oeakers/documents. A copy
of this summary is attached to this notice.
ENERGY COMMISSION'S EMERGENCY PERMITTING PROCESS
Energy Commission staff has begun the review process bydetermining that the
supplemented application contains all the information listed in the application checklist.
Staff has now initiated a 'fatal-flaw' analysis of the project to determine whether the
project should be approved, and we will develop recommended conditions of
certification. The Energy Commission will hold a single public hearing and site visit in
the local community five to ten days after the application is accepted as complete. This
hearing, tentatively scheduled for March 23 in Palm Springs, will provide the public, as
well as local, state and federal agencies, the opportunity to ask questions about, and
provide input on, the proposed project. A notice for this hearing will be mailed shortly,
but anyone interested in attending is encouraged to check the project web site. The
web site includes instructions for signing up for the project's email list-server.
Agency Letter Indigo Energy Facility
Page
3 01-EP-02
AGENCY PARTICIPATION
If the application is accepted as complete, your participation in the proceeding will be
important in identifying and suggesting ways to resolve issues of concern to your
agency. There may be specific requests for agency review and comment during the
proceeding, though Commission staff anticipates completing its assessment of the
project within approximately two weeks of determining the application is complete. If
you have questions or would like additional information on how to participate in the
Energy Commission's review of the project, please contact Kevin Kennedy, Siting
Project Manager, at (916) 651-8836, or by e-mail at kkennedvOeneray.state,ca.us. A
copy of Wildflowers application, information on the status of the project, copies of
notices, and other relevant documents are also available via the Energy Commission's
Internet page at www.energy.ca.gov/sitingcases/peakers.
Sincerely,
ROBERT L. THERKELSEN, Deputy Director for
Energy Facilities Siting & Environmental Protection
Enclosure
�s"A3J
' 3-19-01 5:54PM;WIntec Ere,gY Ltd. ;760 3230655 # 2/ 7
Mar-10-01 06:30pm From-INTERGEN N.A. 7133743001 T-691 P.002/013 F-040
BEFORE THE ENERGY RESOURCES CONSERVATION AND D@VELOPMOT COMM111910N
OF THE STATE OF CALIFORmA
APPLICATION FOR CERTIFICATM -DoeMT No. 01-EP-i2
OF THE (MAR[fi 16,2U01)
INDIGO ENERGY FACILITY
BY WMFLOWER ENERGY LP
NOTICE OF SITE VISIT,INFORMATIONAL HEARING,
AND ADOP'l"ION HEARING
The Commissioner designated to conduct proceedings on the above captioned matter
for the INDIGO ENERGY-FACILITY (Project), will hold.a SITE VISIT,
INFORMATIONAL HEARING,AND ADOPTION HEARING as detailed below.
1. SITE VISIT
March 27,2001
Bus Transportation Will Be Provided to Proposed Site
Assemble at Palm Springs City Hall
3200 Tahquitz Canyon Way
Palm Springs, CA
BUS WILL LEAVE PROMPTLY AT 4:00 P.M.
(See Map A Attached)
II. INFORMATIONAL HEARING:
Immediately following the site visit an Informational Hearing will be held as detailed
below.
March 27, 2001 .
Beginning at approAMately 600 p.m.
Palm Springs City Hall
Council Chambers
3200 Tahquitz Canyon Way .
Palm Springs, CA
Wheelchair Accessible]
(See Map,A Attached) '
Landowners, members of the general public, and Interested agencies are invfted to
attend this event, or any portion of this event.An.opportunity will be provided to submit
. I
.? 5nq 3z
6:54PM;WIntec Energy Ltd. ;760 3230683 Yk 3/ 7
Mu-19-01 09:3Apm From-INTEROEN N.A. T133743A01 T-831 P.003/013 P-040
written questions conceming the project and the Commission's emergency siting
process. These written questions will be addressed at the hearing If possible.
The Commission's Public Adviser, Roberts Mendonce, can assist Interested individuals
or-organlmllons and provide information on parllcipating•in the Commission's
emergency siting process. For information regarding sites in Northam Califomla, call
(877)602.4747 and for sites In Southern California, call(800)273-4459, Persons
planning to attend the site visit should notify Me. Mendoncs at the appropriate phone
number noted above or by e-mail at oao(rseneray.state.eams,no laterthen March 23,
2001.
Indigo Project Description (Palm Springs)
WildflDwer Energy LP'proposes to bonstruct the Indigo Energy Fadllty, a nominal 135 MW
simpl"yele natural gas power plant,to be located at approximately one-half mile
northwest of the Indian Avenue intereharige with 1-10 in*the City of Palm Springs in
Riverside County.The%e ity will connect to the 115 kV transmission line that runs
between the Garnet and Devers substations.The project Of Include a new 244nch riatural
gas supply line that will connect to one of the ebsting 804nch Southern Callibmia Gas
Company main 30-Inch pipelines south of 1-10.The project will utilize Selective Catalytic
Reduction(SCR)and CO oxidation datalyst systems,to control emissions of o)ades of
nitrogen (NOx)and carbon'mono)dde(CO).The project will obtain water from the Mission
Springs Water District which has a 12-inch water main that nets along the south side of
the project sits. Peak water usage is estimated at 240 gallons per minute.The only -
wastewater discharge from the facility will be storm drainage,which will be routed to an oil-
watersepator prior to•discharge Into-the local storm drainage system.'The project will
us'e Vi ueaus aunmorila forthe SCR system.The ammonia will lie stored In three 10,000
gallon tanks with secondary containment.
Wildflower anticipates construction to take two to three months. This schedule is
dependent on timely completion of the natural gas and transmission interconnections.
The peak construction workforce will be approArnately 200.
Issues Identification
To assist participants in understanding the project, the applicant will make a
presentation describing the proposed project, Commission staff will make a presentation
identifying any major areas of concern related tv the proposed project. .
INDIGO INFO HRG AND 517E visit• 2. '
SSA 3-3
3-19-01 ; 5:54PM;WIntic Energy Ltd. ;760 3230686 # 4/ 7
Mar-10-01 06:30pm Fro®-MERAEN N.A. 7133743001 T-631 P-004/013 F-040
III.. A00P710N HEARING
The Energy Commission will hold a hearing to consider adopting a Proposed Decision
on the Indigo Energy Facility on the following date,
April 4,2001
Beginning at 10:00 a.m.
California Energy Commission
1516 Ninth Street
Sacramento, CA
(WheelchairAc essiblej
(See Map B Affached)
How to Particulate
Members of the public may participate in the licensing process in a,variety of ways.If
you need Information concerning public participation, please contact Roberta
Mendonce,the Commission's Public Adviser. For Information regarding sites In
Norther Califomia, call(877)602-4747 and for sites in Sotithsm Cal fomia, call (800)
273-4459.You may also e-mail her at PA00eneray.state.ca.us.
Please contact Robert Sifuentes, Equal Employment Officer, at (916)654-5004 if you _
require special accommodation to parifclpats at this meeting.
Technical questions concerning the project should be addressed to Kevin Kennedy,the
Project Manager, at (916)661-MS ore-maa to kkenned enemy.state.ca.us
Questions of a legal or procedural nature should be directed to Tom Glaviano,Manager,
EmergencySltlng Hearing Office, at(916)'651-8893 or e-mail to
tdlavlanC�enerw.stata.ca.us. '
Media inquiries should be directed to Claudia Chandler,Assistant Director for Media
and Public Communications at(916)SU 4989.
Legislative inquiries can be directed to Tim Schmelzer,Assistant Director, Office of
Governmental Affairs, at(916)664-4942 or e-malled to tschmeiza-enerov.camov.
If you am Interested in receiving Information electronically on the emergency peaking
power plants, please sign up at the Energy Commission's web site at
www.anerayca.gowhtmlllistsenrers.html.
INDIGO INFO MRG AND SITE VISIT 3
5:54PM,WIntec Enerpy Ltd. ;760 3230655 # 5/ 7
Mar-19-01 06:40pm From-INTENEN XA. 71337439D1 T-631 P.009/013 F-040
Information concerning the status of the project, as well as notices and other relevant
documents,is also available on the Energy Commission's web site at
m.enemy,00.aov/sitinacasee/peakerslndm,html.
W. BACKGROUND
06 January 17,2001, Governor Gray Davis proclaimed a State of Emergency due to
the energy shortage ire the State of California, and on February S. 2001, he Issued
Executive Order 0-26-01 requiring the Energy Commission to invoke the emergency
siting procedures in Public Resources Code section 25706 to expedite the licensing of
all new renewable and peaking power plants that could be available for service by July
$1,2001.
This proclamation was Issued after the Governor had issued executive orders for
conservation, energy efficiency and•to reduce peak demand. In Executive Order 6-26-
01,'Govemor Davis made the findings that(1)mail reasonable conservation, allocation,
• and service restriction measures will not alleviate this'energy supply emergency,"and
(2)The energy supply emergency poses a threat to public health and safety and
requires the siting of new power plants that can be on line to avoid electricity supply
shortages this summer and next."
The Governor's Executive Order D 26-01•directs the Energy Commission to take
Immediate steps to expedite the permitting process for peaking and.renewable power
plants that can be online and in production by July 31,2001. Nonjurisdlctional peaking
and renewable power plants thai have power purchase contracts with the Independent
System Operator have the option of applying to the Commission for emergency
permitting. Pursuant to the proclamation,the Energy Commission has set aside its
normal licensing procedures and will license facilides.underthe emergency siting
process to protect the public Interest.
Dated March 19,2001,at Sacramento,Ulfornla
THO S GLAVIANO, Manager
Emergency Siting Hearing Office
INDN301NF0 HRO AND WEWSrT 4
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• 3-19-01 ; 5:54PM;WIntec E,er,l Ltd. ;760 3230588 # 6/
Mar-19-01 06:40pm From-INTERGEN AA, 7133743001 T-631 P.006/013 F-040
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7 -3 710 Fred Waring Drive,Suite 205 - Palm Desert, CA 92260 • 760/340-1575 or 1-800-596-1007 - Fax 760/340-92I2
March 21, 2001
Mayor Will Kleindienst
City of Palm Springs
3200 E. Tahquitz Way
Palm Springs, CA 92262
RE: LETTER OF SUPPORT FOR "PEAKER" PLANTS
Dear Mayor Kleindienst:
The purpose of this letter is to express the support of the Coachella Valley Economic
Partnership for a proposed "Peaker"plant in the northern portion of your community. As
you know the Coachella Valley Economic Partnership is comprised of some 120 private
and public entities working jointly to expand and diversify our region's economy.
The current electrical shortage is beginning to hamper our ability as a region to fully
develop our economy. The perception of out-of-state clients is that we do not have the
availability or stability of pricing to meet their needs. Some of these clients are looking
at states with a more stable power supply.
While the issue is one that cannot be fully solved at the local level, there are certain steps
that can be taken. One of which is supporting the proposed "Pecker" plant. Such plants
provide the ability to put power on the grid without putting a community in a position of
indefinitely entitling a project. Tonight, you have the ability to help add some power to
California's grid by supporting the proposed project.
There are times when the decisions of local elected officials are not popular with many or
even a majority of voters, but in the end they are in the best interest of all concerned.
Now is the time for the City of Palm Springs to contribute what it can to providing some
solutions to the current crisis, but supporting the proposed "Peaker" plant.
Sincerely,
Michael Bracken
President& Chief Executive Officer
Mar-21-01 06:31PM From-INT:RGEN,N.A. 7133743927 T-747 P.001/002 F-411
ID
E
E N E R G '
IFIR6EN
Wednesday,March 21,2001
VIA FAX(760)322-8360
Douglas R. Evans
Director of Planning &Building
City of Palm Springs Planning
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Indigo Energy Facility—CEC Docket#01-EP-2 (Riverside County)
City of Palm Springs Staff Report-Resolution
Dear Doug:
Yesterday evening,Alex Mierhoff faxed us a copy of the DRAFT Staff Report and
associated resolutions concerning the referenced project. We have had an opportunity to
review your report and the proposed City Council Resolution, and we would like to make
the following corrections /changes:
STAFF REPORT
RECOMMENDATION:
(Last sentence) - ...Wildflower Energy LP, is a partnership, wholly, owned by
InterGen North America LP, and the property owner is Wintec Energy, Ltd.
(Frederick W.Noble).
BACKGROUND:
(4s'paragraph, 1'sentence) -..., represented by Robert R. Hren,
(7"'paragraph)—For comparison purposes, CUP 5.0791 (WECS 67), located
immediately to the east of the proposed facility, features nine (9) Zond 750 Series kW
wind turbine generators, with a maximum height of 296' and nacelle hub height of
213'.
Hazardous Materials
(2"a sentence) The NH40H is proposed to be stored on in one 1 10,000 gallon ... I
Two Houston Center,909 Fannin, Suite 2222/Houston, Texas 77010 ��/
Afar-21-01 06:32pm From-INTERGENAA. 7133743927 T-747 P.002/002 F-411
Douglas R. Evans Page 2
March 21, 2001
CITY COUNCIL RESOLUTION
Section 3:
Pursuant to the Zoning Ordinance,this proposed simple-cycle electrical
generation facility is conditionally permitted in the M-2 zone.
RECOMMENDATIONS TO CALIFORNIA ENERGY COMMISSION
2. In conformance with the Indigo Energy Facility Landscape concept
submitted during the City of Palm Springs Special meeting of March 14,
2001, a Final landscaping, irrigation, exterior ...
10. If or when a building is permitted or proposed, parking areas ...
WASTE DISPOSAL SERVICES:
1. If or when waste disposal services are requested by the Project, a trash
enclosure, ...
ENGINEERING:
1. A 44' street right of way dedication already exists and the applicant will
construct 19"'Avenue with half-street improvements for the length of the
southern property line(not to exceed 165') in conformance with the
already improved existing portion of 19` Avenue immediately south of
the project parcel. The Collector Street features a 30' wide half street
cross section. The required off-site improvements include connecting
pavement: curb and gutter. The street section will 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.
Please incorporate these recommended corrections/changes into your Staff Report and
the proposed City Council Resolution.
Should you have any questions,please do not hesitate to contact either John Jones at
(713) 374-3919.
Sincerely,
John nes
e P eside
Wildflower Energy LP / f
Q1�s1�
RESOLUTION NO,
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
446044
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.
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 barriers 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.
or
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 1/2% 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.
aSA V
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,
between the extension of the west property line and North Indian Avenue.
Pursuant to the General Plan Circulation Element, 19`h 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 day of , 2001.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form: Z76ec
VIA
IN
ply .,
OWN-
I�vIM
DATE: March 21, 2001
TO: City Council
FROM: Director of Planning and Building
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 SUBJECT TO THE ISSUANCE OF A
CONDITIONAL USE PERMIT.
RECOMMENDATION
That the City Council adopt the attached Urgency Ordinance so as to amend Section 92.17.1.01.d.9
of the Zoning Ordinance so as to allow electrical power plants in the "M2" Manufacturing Zone
subject to the issuance of a Conditional Use Permit.
SUMMARY
Currently, energy uses including Solar Collectors, Wind Energy Conversion Systems, and
Cogeneration Facilities are permitted in the "M2" Manufacturing Zoning District subject to a
Conditional Use Permit. Wildflower Energy LP has identified a sited zoned"M2"Manufacturing and
is seeking to use the land for an Electric Power Plant. Wildflower Energy LP is seeking permitting
for the proposed plant through the State's Emergency Power Plant Permitting program. This
program allows for expedited review and approval of energy generating plant so as to augment
existing generation and develop new generation. Augmenting existing electric supplies and
developing new generation is of particular concern to the residents and businesses in the desert
where black outs during the summer months will challenge the health,welfare, and safety. Current
regulations do not specifically allow the proposed use in the subject zoning district. Adoption of the
Ordinance would allow the use, subject to the same approval processes as other energy uses, in
the "M2" Manufacturing Zoning District in a time frame consistent with the State's time
frame.
The City council may want to limit the size of these facilities to 150 megawatt. In the future, any
larger plants and the respective zoning ordinance amendments,could be analyzed in the California
Energy Commission Environmental Impact Report. This would allow the City council the opportunity
to review more detailed information if and when a larger power plant is proposed. If the City Council
concurs,Sections 1 and 4 of the attached Draft Urgency Ordinance should be amended as follows:
Section 1. 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 electrical
generating facilities,notto exceed 150 megawatts in size in the"M2"Manufacturing
Zone is necessary and desirable to prevent a threatto public health,safety orwelfare
in the loss of sufficient power on a statewide and regional basis.
Js 0
Urgency Ordinance: Power Plant in the "M2" Manufacturing Zoning District
March 21, 2001
Page 2
Section 4. AMENDMENT OF SECTION 92.17.1.01.d.9 OF THE ZONING ORDINANCE.
Section 92,17.1.01.d.9 of the Zoning Ordinance"Energy Uses"shall be amended to
add a new use under d. "Electrical Generating Facilities not exceeding 150
megawatts."
.date
Director tanning and Building
City Manager
ATTACHMENTS:
1. Urgency Ordinance.
URGENCY ORDINANCE NO,
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 SUBJECT TO THE
ISSUANCE OF A CONDITIONAL USE PERMIT.
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 although electrical generation plans are not specifically 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 allowfor 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 an electrical power
plant establishing within the corporate limits of the City of Palm Springs; and
WHEREAS, a text amendment is required to allow for electrical generation plans as conditionally
permitted uses in the "M2" Manufacturing Zone; and
Urgency Ordinance
March 21, 2001
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 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:
SECTION I. 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 electrical
generating facilities in the"M2"Manufacturing Zone is necessary and desirable to
prevent a threat to public health, safety or welfare in the loss of sufficient power on
a statewide and regional basis. This threat has been documented bythe 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 of the 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"M2"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 electrical power plants, (ii) applications
for conditional use permits forelectrical power plants shall continue to be accepted
for processing or processed, and (iii) permits shall continue to be issued for
electrical power plants,by making application for,and after approval of,a Conditional
Use Permit.
SECTION4. AMENDMENT OF SECTION 92.17.1.01.d.9OFTHE ZONING ORDINANCE. The
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. "Electrical Generating
Facilities."
A-Vb2
Urgency Ordinance
March 21, 2001
Page 3
SECTION 5. CONSISTENCY WITH ZONING ORDINANCE AND GENERAL PLAN. The City
Council hereby finds that this Ordinance is consistent with 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
competentjurisdiction,such decision shall not affect the 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 day of 12001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
REVIEWED BY: WE
dagra3
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 W2" 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 barriers 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 1/2% 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 19th Avenue
to its ultimate General Plan design, including full half-street improvements,
across the entire property frontage. Pursuant to the General Plan Circulation
Element, 19th 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 _7itday 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 /fo City Manager
Reviewed and Approved as to Form:
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 forthe 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 Permitalthough 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 Cityof 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:
SECTION 1. 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 or welfare in the loss of sufficient power on a statewide and regional
basis. This threat has been documented bythe 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 of the 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"M2"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 sothatSection 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 consistent with 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 furtherforce and effect45 days from the date of its adoption
unless extended by the Council prior to expiration.
SECTION SEVERABI LITY. It is the intention of the City Council thatthe 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
competentjurisdiction,such decision shall not affect the 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 Rleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
REVIEWED BY: /��