HomeMy WebLinkAbout5/2/2001 - STAFF REPORTS (16) DATE: May 2, 2001
TO: City Council
FROM: Director of Planning and Building
CASE 5.0872:AN AMENDMENT TO THE SECTION 92.17.1.01.d.9 OF THE ZONING ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ALLOW NATURAL GAS POWERED
ELECTRIC GENERATION PLANTS THAT DO NOT EXCEED 200 MEGAWATTS IN SIZE IN THE
"M2"MANUFACTURING ZONE SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT.
RECOMMENDATION
The Planning Commission conducted a public hearing on this matterduring its meeting of April 11,
2001 and voted unanimously to recommend that Section 92.17.1.01.d.9 of the Zoning Ordinance
be amended to allow natural gas powered electric generation plants notexceeding 200 megawatts
in size in the "M2" Manufacturing Zone subject to the issuance of a Conditional Use Permit.
SUMMARY
The proposed amendment to the Zoning Ordinance containswording similarto that in the Urgency
Ordinance adopted by the City Council during its meeting of March 21, 2001. The only difference
in the proposed wording and the wording in the Urgency Ordinance is that the Urgency Ordinance
limits the size to 150 megawatts and the proposed amendment limits the size to 200 megawatts.
The effectiveness of the Urgency Ordinance adopted by City Council is limited to 45 days, unless
extended by City Council action. The proposed amendment is to officially amend the text of the
Zoning Ordinance.
BACKGROUND
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 a Natural Gas Powered Electric Generation 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
plants 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.
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 for a period of 45 days.
Adoption of the Urgency Ordinance allows 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 proposed amendment will make provisions for such facilities beyond the
45 day time frame identified in the Urgency Ordinance.
In general, the "M2" Manufacturing Zoning District is located north of Highway 10.
/G
Case #5.0872: Amendment to Section 92.17.1.01.d.9 of the Zoning Ordinance
Report to City Council
Date: May 2, 2001
In adopting the Urgency Ordinance,the City Council choseto limitthe 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 Planning Commission and City Council the opportunity to review more detailed information if and
when a larger power plant is proposed.
PLANNING COMMISSION ACTION
The Planning Commission conducted a public hearing on the proposed amendment during its
meeting of April 11, 2001. At the conclusion of its review, the Planning Commission voted
unanimously to recommend amending the text but limiting the size to 200 megawatts rather than
the 150 megawatts included in the Urgency Ordinance. The larger amount was to allow flexibility
and increased energy production without causing additional text amendments to accommodate the
larger size.
ENVIRONMENTAL REVIEW
Pursuantto Public Resources Code Section 25705, due to the Governor's directive,this project is
exempt from CEQA. The Governor has declared a state of emergency due to the energy situation
and ordered that certain electrical generation facilities be exempt from CEQA.
Director Tanning and Building
City Manager
ATTACHMENTS:
1. Minutes of Planning Commission Meeting dated April 11, 2001
2. Ordinance
Page 3 of 7
Planning Commission Minutes
April 11, 2001
I
Case 5.0872 —An amendment to Section 92.17.1.01.d.9 of the Zoning Ordinance so as to
allow natural gas powered electric generation plants that do not exceed 150 megawatts in size
within the Manufacturing-2 (M-2) Zone . M-2 Zoned property is located adjacent to the
Interstate 10 Freeway Corridor.
Principal Planner Hope Sullivan reported that this text amendment is consistent with currently
allowed uses in the M2 Zone such as Solar Collectors, Wind Energy Conversion Systems, and
Co-generation Facilities. She stated that approximately one month ago, Wildflower Energy,
LLP, in response to the energy crisis, began looking at this area for installation of a peaker
plant which would not exceed 135 megawatts. She stated that on March 21, 2001 the City
Council adopted the Urgency Ordinance allowing the use; however, Urgency Ordinances are
only in effect for 45 days and the amendment under consideration today would make this an
allowable use through a Conditional Use Permit in this zone. She explained that, under the
State of Emergency Order, the project is not subject to architectural approval.
Chairman Mills opened the Public Hearing.
Mr. John Jones, Wildflower Energy, LLP, addressed the Planning Commission to thank them
for their consideration and offered to answer any questions.
There being no further appearances, the Public Hearing was closed.
Mr. Jones was called to the podium to answer questions from the Commission. He confirmed
that it is conceivable that, in the future, a larger facility could be needed but that the 150-
megawatt size is compatible with the current building plan for this summer. He stated that there
is no long-term plan at this time as the company is working under a State of Emergency. He
stated that the current plan is for three simple cycle units of 45-watts each and that conversion
from a simple cycle plant to combined cycle plant could be a potential in a future plans. He
explained that it takes longer to build combine cycle plants and the timing constraint is too great
under the current situation even though combined cycle plants are more efficient and therefore
the company has an economic incentive to convert from the simple cycle in the future and that
reliability is the criteria plants are monitored for, not efficiency. He described the three stacks
as half the height of the adjacent windmill metal structure. He stated that the selective catalytic
reduction system is the best available technology to control Nitrogen Oxide emissions and that
there would be no visible emissions; nor odor from the plant—that it would be clean air that is
less than 1/3 of the California average for allowable emissions and that monitoring is
continuous and required by the California Energy Commission. He stated that the water
/GA3
Page 4 of 7
Planning Commission Minutes
April 11, 2001
required for the project represents 20% of that used for the typical golf course. He described
the scrubbing units for the Planning Commission and the fact that the units are inside the
stacks and are 42 ft. tall themselves. He confirmed that no signs would be installed on the
stacks. He stated that three of the benefits to the City of the project are that it will add to the tax
base, there will be street upgrades, and that it may help to avoid blackouts this summer.
Mr. Fred Noble, adjacent property owner, addressed the Planning Commission to state that the
easternmost stack is within 200 +/- of his closest windmill and that it presents no interference to
the operation of the wind farm.
Commissioners discussed the future growth of the plant and considered 200 megawatts and
acceptable limit which would allow for conversion from a simple cycle to a combined cycle
plant.
M/S/C (Raya/Caffery 7-0) to adopt resolution recommending that the City Council amend the
zoning ordinance to allow natural gas powered electric generation plants that do not exceed
200 megawatts in the M2 zoning district subject to a Conditional Use Permit.
/G�9 y
NOTICE OF PUBLIC HEARING
PALM SPRINGS CITY COUNCIL
Case Nos. 5.0872
Zoning Ordinance Amendment: Natural Gas Powered Electric Generation Plants
NOTICE IS HEREBY GIVEN thatthe 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 an amendment to Section 92.13.1.01 A.9 of the
Zoning Ordinance so as to allow Natural Gas Powered Electric Generation Plants not exceeding
200 megawatts in the M2 Manufacturing Zone subject to the issuance of Conditional Use Permit.
Pursuantto Public Resources Code Section 25705, due to the Governor's directive,this project is
exempt from CEQA. 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 only those
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
\,�F PA(,ysA
o qPq
AF 9,�
a � PROOF OF PUBLICATION This is space for Com,ty Cle,k's alms Stamp
�"Q� (2015.5.C.C.P)
STATE OF CALIFORNIA
- County of Riverside
I ------------------
-------------------------
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen No.7s7s - - - -
years,and not a party to or interested in the NOTICE OF PUBLIC HEARING
above-entitled matter.I am the principal clerk of a PALM SPRINGS PLANNING COMMISSION
p P Casa Nos. 0872
Gas
printer of the,DESERT SUN PUBLISHING zoning Ordinance Amendment Natural
COMPANY a newspaper of general circulation, Powered Electric GenerationPlante
NOTICE IS HEREBY GIVEN that the Planning
printed and published in the city of Palm Springs, Commission of the City of Palm Springs, Califor-
nia, will hold a public hearing at its meeting of
COURTy of Riverside,and which newspaper has been April 11,2001.The Planning Commission meetin
adjudged a newspaper of general circulation by the begins at 1:30 p.m.(publlC heatings will begin eq
00 p m. in the Council Chambers at City Hall„
Superior Court of the County of Riverside,State of 3200 E. ahquilz Canyon way,.Palm Springs.
The purpose of the heerin is to cons! an
California under the date of March 24,1988.Case amendment to Section 92.17.1.0149 of toe Zon-
ing Ordinance so as to allow Natural Gas Pow-
Number 191236;that the notice,of which the ened Electric Generation Plants not exceeding 150
megawatts in the M2 Manufacturin�gZone subject
annexed is a printed copy(set in type not smaller to the issuance of a Conditional Use Permit.
than non ariel,has been published in each regular Pursuant to Public Resources Code Section
p p 1; 25705, due to the Governor's directive, this pro-
and entire issue of said newspaper and not in any ]act is exempt from CEQA. The Governor has us-
clared,a state of emergency due to the energy
supplement thereof on the following dates,to wit: situation and ordered that certain electrical gener-
ation facilities be exempt from CEQA
c any Individual or group challenges the action in
March 30th court, issues raised may be Ilmlted to onlYtlrose '—-
Issues raised at the public hearing tlescribed in
,this notice or In written correspondence at or pri-
or______—____—_____________—_____________—____—__—____ or to.the City Council hearing.
An opportum y will be given at said hearing for all
interested persons to be heard.Questions regard-
mg this case may be directed to Hope V.Sullivan
Department. of Planning and Building, (760)323�
6'
All in the year 2001 /s/Douglas R.Evans
Director of Planning and Building
PUB: March 30, 2001
I certify(or declare)under penalty of perjury that the
foregoing is true and correct.
4th
Dated at Palm Springs,California this-----day
April
of---------------------------- 2001
Signature
OF pAL1l.IS� . .
APO �� nOOF OF PUBUICA ION
2 0 2W Yhk apace&be County Clerk Sta's Filln mP
(201s.5C C.P.) g
RECEI4ED
STA1E OF CALMRNIA
County of Riverside
I am aCWzM of the Udted Stag an�resident of
Me COul dmtsaK-lam ova 6;e age of elghteen
Ivan,ud sad not aparty to or Werested In the
abovea,5tled mattes 1 am llu pdndpal Berk of a
printerof kDFSMSM PUBLStIM
CtllrSPltNYa newspaper of general decals t3ory Proof of PubBaeon of
- _ --- _ - pdntedaedp�Gshedk�tkeRyofPalnsSPLing*. -- - ---- -
Cour�j of Rivestdq sad whidi newspaper has beet)
adiudtedanevspaperofger r dnvlattonbythe •••.•• •••••••'••�•......••••••...........
Superk Coact of the County of Itiverstde,State of
CAM=k ml dv the date of March 2k1988. Case .................................................
N"'ff 19",that th n06ce,of wha the
xnno�ayd�k�sprintedmpy(set
t�i�ty�peLraut�smaller
---Y' �ptRVWwv.r`legllldr No.7902 -_-_- - _
l [hRX Of 5atd 6C55'rpapery PALTI M SPRINGS CITY COUNCIL
� �tl.QCVi Qn t[K IVUoiiiin dales , Caee No.. 5.0872
g •� � Zoning Ordinance Amentlment:
Natural Gas Powered Electric
NOTICE IS HEREBV GIVENPh that the Crry Council
of[he City of Palm Sprngs, California, wdl holtl a
public heanng at its meeting of Mayy 2, 2001 The
• Coy Councl meeting begins at 7.00 pp m. in the
�[ Council Chamber at City Hall, 3200 E. Tahgwtz
Canyon Way, Palm Springs. to r an
amendment to Section h9En 1 Is1.d.9cof theeZan--
ee r s '....o .......•••••••.......H c0 ing Ordinance so as to allow Natural Gas Pow-
as seed Electric Generation Plants not exceeding 200
• megawatts in the M2 ManulfactunTg Zone subject
pp. to the issuance of a Cend ana Vse Perm t�••••••••.......unnq.b..�q....a e...too Pursuant to Pubhc Resources Code Section
25705, due to the Governor's tlnectrve, this pea-
. lect is exempt from CEQA.The Governor has de-
�L l_� x .,7/•1/�/ i' clared a state of amerganoy due to the energy
situation and ordered that certain electrical ge,
ation facilities be exempt from CEQA.
ner-
11 any individual or group challenges the action In
roou issues raised may be limited to only those
K issues raised at the public hearing described in
this notice or m wnttan correspontleore at or pn-
Wi➢� .uW r.,.��}�,,,J or to the Cdy Council 1leartyg.
r"�'•J a P��t� An opportunity will be given at said hearing for all
IoRg0logIs andoorrect interested persons to be heard.Questions regaM-
mg this case may be diiectetl to Hope V Sullivan,
Department of Planning and Building, (700)323-
82 6.
• PATRICIA SANDERS
DaledatALlSpringsrC,Lfornt,thb .M��dap PUB. April 21, 2001 City Clerk
000/
6-2
SKNATU E
ORDINANCE NO.
AN ORDINANCE OF THE CITYOF PALM SPRINGS,CALIFORNIA
AMENDING THE ZONING ORDINANCE IN REGARDTO NATURAL
GAS POWERED ELECTRIC GENERATION PLANTS THAT DO
NOT EXCEED 200 MEGAWATTS IN SIZE IN THE "M2"
MANUFACTURING ZONE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 92.17.1.01.9.d is amended to read as follows:
d. Natural Gas Powered Electric Generation Plants that do not exceed 200
megawatts in size.
SECTION 2. EFFECTIVE DATE:This Ordinance shall be in full force and effectthirty (30)
days after passage.
SECTION 3. PUBLICATION.The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof or
a display advertisement, duly prepared according to law,to be published in
accordance with law.
ADOPTED this day of 2001
AYES:
NOES:
ABSENT:
ATTEST CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED AND APPROVED AS TO FORM d
Ad