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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 IamaoYtzeiiid the Ulm slatsutiresMentof �eCoetyaforesatQ;I,movrrme,gcafetghfeea �' . jean4 a d met not,pall lo oc interested in the abovetrigW ruttet f,m Cie pdndpal clerk of a ' printerof t(u,DESE]iT�f PUBf�IiTtC C101.4'A)iYa a ewsp;prof general dmtlatiory Proof of ikon of print_ ardptlbGshedk-&CkyofFabSprings, - -- -- - - -- - Co7miJ of Riverside,and WMA nesnspaper has beep 24tArda Ill vspaperofgmeraldnvla lion bythe •• •••,••••••••••r••• ••�••��•......,..... 5"Perk"Cant of the County of Riverside,State of ....•.....•...a..............•...•..•....•....... CAUM4 mlda the date of lrianh24,19&8. Crtse Numbs 1 a4,that tk no5ce,of whkh the ,'r e k iptintedmpl(set in type not amatler 't"A"""llhQs tom F"IedIncachreVAu - - - No.7915 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 r SKNAT R6 eLz PALM 9 °�AY11 z�of,�c` 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