HomeMy WebLinkAbout5/2/2001 - STAFF REPORTS (15) DATE: May 2, 2001
TO: City Council
FROM: Director of Planning and Building
EXTENSION OF URGENCY ORDINANCE 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 NATURAL GAS POWERED ELECTRICAL POWER PLANTS
IN THE"M2"MANUFACTURING ZONE SUBJECTTOTHE ISSUANCE OFACONDITIONAL USE
PERMIT.
RECOMMENDATION
Thatthe City Council adoptthe attached ordinance extending of the Urgency Ordinance adopted on
March 21,2001 to cause the amendment to Section 92.17.1.01.d.9 of the Zoning Ordinance allowing
natural gas powered electrical power plants not exceeding 150 megawatts in size in the "M2"
Manufacturing Zone subjectto the issuance of a Conditional Use Permitto remain in effect until the
effective date of an official amendment to the Zoning Ordinance. A 60 day extension is
recommended.
SUMMARY
In response to the application by Wildflower Energy LP,the City Council,during its meeting of March
21,2001,adopted an Urgency Ordinance to amend the Zoning Ordinance. The Urgency Ordinance
caused an amendment to Section 92.17,1.01.9.d of the Zoning Ordinance to allow natural gas
powered electrical power plants not exceeding 150 megawatts in size in the "M2" Manufacturing
Zone subject to a Conditional Use Permit. The Urgency Ordinance is in effectfor45 days from the
date of its adoption. If not extended,the Urgency Ordinance will cease to be in effect in three days.
Since the adoption of the Urgency Ordinance, City officials have participated in a State sponsored
public meeting regarding Wildflower Energy LP's request for permitting of a 135 megawatt natural
gas electrical generation plant. The proposed plant has received a permit from the State of
California.
Additionally, City staff has drafted wording similar to that contained in the urgency ordinance to
officially amend the zoning ordinance. This wording was reviewed by the City Planning Commission
at its meeting of April 11, 2001. At the conclusion of its review, the Planning Commission
unanimously recommended that the City Council amend the text.
/50119
Extension of Urgency Ordinance 1593
Report to City Council
Page 2
The City Council will conduct a public hearing on the proposed official amendment to the Zoning
Ordinance during its meeting today. If the City Council votes to amend the Ordinance, the
amendment will go into effect in thirty days after the second reading. Therefore, a sixty day
extension is necessary to eliminate a gap between the Urgency Ordinance being in effect and the
official text amendment becoming effective.
Director Planning and Building
City Manager /
ATTACHMENTS:
1. Ordinance Extending Urgency Ordinance 1593
13i9 2
NOTICE OF PUBLIC HEARING
PALM SPRINGS CITY COUNCIL
Extension of Urgency Ordinance 1593
Zoning Ordinance Amendment: Natural Gas Powered Electric Generation Plants
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will
hold a public hearing at its meeting of May 2, 2001. The City Council meeting begins at 7:00
p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider a 45 day extension of Urgency Ordinance
1593 which is an amendmentto Section 92.17.1.01.d.9 ofthe Zoning Ordinance so as to allow
Natural Gas Powered Electric Generation Plants not exceeding 150 megawatts in the M2
Manufacturing Zone subject to the issuance of a Conditional Use Permit.
Pursuantto Public Resources Code Section 25705, due to the Governor's directive,this project is
exemptfromCEQA. The Governor has declared a state of emergency due to the energy situation
and ordered that certain electrical generation facilities be exempt from CEQA.
If any individual or group challenges the action in court, issues raised may be limited to onlythose
issues raised at the public hearing described in this notice or in written correspondence at or prior
to the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Hope V. Sullivan, Department of Planning and Building,
(760)323-8245.
PATRICIA SANDERS
City Clerk
Publish: April 21, 2001
2110 �°` tY
a- Clerk
U) PROOF OF 5C .[CA7CION
APR 2 6 1 This s Es for Coup , Flung Stamp
RECEIVED (2015•SC.0�'.)
CLEe�
STATE OF GUFORMA
County of Riverside
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snit eca7t lspY of saldncwspipeY and not in afYr NOTICE OF C HEARING
PALM SPRINGS CIITY COUNCIL
au Extension of Urgency Ordinance 7593
t ulO ttit On mC NUVt1"Y1g dates, t¢n.t: Zoning Ordinance Amendment.
Natural Gas Powered Electric
Generation Plants
NOTICE IS HEREBY GIVEN that the City Council
of the City of Palm Springs, California,will hold a
-� public hearing at its meeting of May 2, 200E The
ay Council meeting begins at 7:00 p.m. in the
Council Chamber at City Hall, 3200 E Tahquitz
Canyon/ Way, Palm Springs.._ The purpose of the hearing is to consider a 45
U�O day extension of Urgency Oromance 1593 which
•• . • r••upa•......•.•.•••••••�••aaa is an amendment to5ecton 92.17101A9 of the
p: Zoning Ordinance so as to allow Natural Gas
Powered Electric Generation Plants not exceeding
• 150 megawatts in the ME Manufacturing Zone
•e...w.w..•n........1,..•..too.1••••••a.to too subject to the issuance of a Conditional Use Per-
mit.
Pursuant to Public Resources Code Section
�L x ,,, - _ I • f • pro-
ject is due exempt
the Governor's directive, this pro-
l4 ,✓t�.r�;( lest is exempt the Govern The Governor has de-
clared a state of emergency due to the energy
situation and ordered that certain electrical gener-
ation facilities be exempt from CEOA.
If any Individual or group challenges the action in
' ---- court, issues raised may be limited to only those
f _ issues raised at the public hearing described in
lit W&pe} C(Fajuq 161 this notice or in written correspondence at or pri-
or to the City Council hearing.
o�7glr ti'9e a� An opportunity will be given at said hearing for all
Interested persons to be heard.Questions regard-
ing this case may be directed to Hope V.Sullivan,
Deppartment of Planning and Building, (760)323- '
DM
If 2cl PATRICIA SANDERS
DatedalTa7n$prlltg�(,Lfprrtiat}y �d�r
PUB' April 21, 2001 City Clark
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PROOF OF PUBLICATION This is space for county Clerk's Filing Stamp
(2015.5.C.C.P)
No.8094
CITY OF PALM SPRINGS
URGENCY ORDINANCE NO. 1594
AN URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS,CALIFORNIA EXTENDING UR-
GENCY ORDINANCE NO. 1593 FOR AN ADDI-
TIONAL SIXTY DAYS TO ALLOW ELECTRICAL
POWER PLANTS IN THE "11,12" MANUFACTUR-
ING ZONE SUBJECT TO THE ISSUANCE OF A
STATE OF CALIFORNIA CONDITIONAL USE PERMIT.
WHEREAS, the City adopted Urgency Ordinance
- - --- County of Riverside - -- _ -F N. 1, 69933 at ire-r,,,ar rneetine en
WHEREAS, all of the findings cited in Urgency,
Ordinance No. 1593, concerning the existence of
an immediate and current threat to the public
safety, health, and welfare due to the severe
shortage of electrical generating power on a
statewide basis continue to be valid; and
WHEREAS, ten days prior to the Urgency Ordi-
nance No. 1593 expiration, staff prepared a writ-
ten report describing the measures taken to alle-
viate the condition which led to the adoption of
Urgency Ordinance No 1593, and
WHEREAS, council is in fact considering the ap-
I am a citizen of the United States and a resident of ssu=1 of an Ordinance wh,cn would address the
as a regular zoning code amendment on the
the County aforesaid;I am over the age of eighteen sad a date as the consideration of this extension;
years,and not a party to or interested in the WHEREAS,the purpose of this extension is to en-
sure there is no lapse in time prior to the effective
above-entitled matter.I am the principal clerk of a date of the regular admendment of the zoning
ode, and
printer of the,DESERT SUN PUBLISHING WHEREAS,the Council's consideration of this Or-
dmance has bean by a public heann noticed
COMPANY a newspaper of general circulation, ursuant to Government Code sac. ss0so.
hinted and published in the city of Palm Springs, �GW. THEREFORE, the City Council of the City
1 1 ty of Palm Springs, California does ordain as fol-
County of Riverside,and which newspaper has been laws:
Section 1. DECLARATION OF FACTS CONSTI-
adjudged a newspaper of general circulation by the TUTING URGENCY.
The City of Palm Sprinqs hereby finds that this
Superior Court of the County of Riverside,State of Ordinance,which extends Urpency ordinance No.
California under the dale of March 24, 1988.Case 1593, is required to prevent the continuing threat
to the public safesy, health, and welfare by allow-
Number 191236;that the notice,of which the ;ngg construction of electrical power plants in the
.. 2" Manufacturing Zone and that it remains
annexed is a printed copy(set in type not smaller neary to assist in addressing the serious loss
of sucessfficient electrical power on a state end re-
than non panel,has been published in each regular gional basis.
Section 2.CEQA FINDINGS
and entire issue of said newspaper and not in any The cit Counsel hereby fords that CEQA sec
supplement thereof on the following dates,to wit: 210a0(b�(3%4)allows the city to consider this ex-
tension of Urgency Ordinance No. 1593 without
preparing CEQA documentation,where the gover-
__ nors declaration of a state of timergency due to
May 9th energy shortage remains in affect which ordered
that certain electrical generation feel ties be ex-
------- ------------------------------------------------------ empt from CEQA '
Section 3. EXTENSTION OF URGENCY ORDI-
NANCE NO. 1593,
------ The City Council hereby extends the expiration
"""'^'--""""'^-""""" """""-- date of Urgency Ordinance NO. 1503 by sixty(60)
days to allow sufficient time for the regular
amendment to the zoning code concerning this
All in the year 2001 issue to take effect.
Section 4. URGENCY.
The City Council hereby declares this Ordinance
measure in accordance with
o
I certify(or declare)under penalty of perjury that the to he an urgenGovernment Cedye secs. 36937 and 65858 and
foregoing Is true and correct. that it shall take effect immediately If passed by a
g $ four fifths (4/5) vote
9dt It istthe intention ofCouncil that the sec-
Dated at Palm Springs,California this--------------day tions, subsections, clauses and phrases of this
Ordinance are severable,and if any portion of this
May Ordinance is for any reason held to be invalid or
unconstitutional by a court of competent jurisdic-
of---------------------------------------2001 tion, such decision shall not affect the validly or
the remainder of the Ordinance, and the City
tJ Council would have d to be such remainder sari
out the portion found to be Invalid or index titu-
radial.
_______ -Section-5.PUBLICATION_—.. -
The City Clerk of the City of Palm Springs shall
Signature certify to the Passage and adoption of this Ordi-
nance, and shall cause the same to be posted
and published in the manner required by law.
ADOPTED this 2nd day of May,2001.
AYES: Members Hedges, Jones, Reller-Spurgin
and Mayor Pro Tem Orion
NOES: None
ABSTAIN: None
ABSENT: Member Klelndienst
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
A/Patrraia A Sanders /s/WAOam G.Kleinceenst
City Clerk Mayor
Reviewed and Adopted as to form:
PI M ^ O oncl
URGENCY ORDINANCE-NO. - 1594
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA EXTENDING URGENCY
ORDINANCE NO. 1593 FOR AN ADDITIONAL SIXTY
DAYS TO ALLOW ELECTRICAL POWER PLANTS IN
THE "M2" MANUFACTURING ZONE SUBJECT TO THE
ISSUANCE OF A CONDITIONAL USE PERMIT
WHEREAS, the City adopted Urgency Ordinance No. 1593 at its regular meeting
on March 21, 2001 ; and
WHEREAS, all of the findings cited in Urgency Ordinance No. 1593, concerning
the existence of an immediate and current threat to the public safety, health, and welfare
due to the severe shortage of electrical generating power on a statewide basis continue
to be valid; and
WHEREAS, ten days prior to the Urgency Ordinance No. 1593 expiration, staff
prepared a written report describing the measures taken to alleviate the condition which
led to the adoption of Urgency Ordinance No. 1593; and
WHEREAS, council is in fact considering the approval of an Ordinance which
would address the issue as a regular zoning code amendment on the same date as the
consideration of this extension; and
WHEREAS, the purpose of this extension is to ensure there is no lapse in time
prior to the effective date of the regular admendment of the zoning code; and
WHEREAS, the Council's consideration of this Ordinance has been by a public
hearing noticed pursuant to Government Code § 65090.
NOW, THEREFORE, the City Council of the City of Palm Springs, California,
does ordain as follows:
Section 1. DECLARATION OF FACTS CONSTITUTING URGENCY.
The City of Palm Springs hereby finds that this Ordinance, which
extends Urgency Ordinance No. 1593, is required to prevent the
continuing threat to the public safety, health, and welfare by
allowing construction of electrical power plants in the "M2"
Manufacturing Zone and that it remains necessary to assist in
addressing the serious loss of sufficient electrical power on a state
and regional basis.
Section 2. CEQA FINDINGS.
The City Counsel hereby finds that CEQA § 21080(b)(3)&(4)
allows the City to consider this extension of Urgency Ordinance
No. 1593 without preparing CEQA documentation, where the
governor's declaration of a state of emergency due to energy
shortage remains in effect which ordered that certain electrical
generation facilities be exempt from CEQA.
Section 3. EXTENTSION OF URGENCY ORDINANCE NO. 1593.
The City Council hereby extends the expiration date of Urgency
Ordinance No. 1593 by sixty (60) days to allow sufficient time for
the regular amendment to the zoning code concerning this issue
to take effect.
Section 4. URGENCY.
The City Council hereby declares this Ordinance to be an urgency
measure in accordance with Government Code §§ 36937 and
65858 and that it shall take effect immediately if passed by a four
fifths (4/5) vote.
Section 5. SEVERABILITY.
It is the intention of the City Council that the sections, subsections,
clauses and phrases of this Ordinance are severable, and if any
portion of this Ordinance is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity or the remainder of the Ordinance, and
the City Council would have enacted such remainder without the
portion found to be invalid or unconstitutional.
Section 6. PUBLICATION.
The City Clerk of the City of Palm Springs shall certify to the
passage and adoption of this Ordinance, and shall cause the
same to be posted and published in the manner required by law.
ADOPTED this day of , 2001.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
Reviewed and Approved as to Form:
IRV#11040 vl