HomeMy WebLinkAboutResolution 2014-18 supporting architectural improvements and r(✓ �( of �J�n-�e�� P,
Dept. ID PL 14-007 Page 1 of 2
Meeting Date:4/7/2014
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/7/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Adopt Resolution No. 2014-18 supporting architectural improvements and
approximate 125 ft. height of the proposed Huntington Beach Energy Project
(AES) and transmit the recommendation to the California Energy Commission
Statement of Issue:
Transmitted for your consideration is a request to confirm the City's recommendation regarding
architectural improvements and the proposal to exceed maximum height limitations for the
proposed Huntington Beach Energy Project. Based on action by the City Council, the City's
recommendation will be transmitted to the California Energy Commission.
Financial Impact:
Not applicable
Recommended Action:
Adopt Resolution No. 2014-18, "A Resolution of the City Council of the City of Huntington Beach
Supporting Proposed Architectural Improvements as Modified and Approximate 125 Foot High
Structures Related to the Reconstruction of the Huntington Beach Energy Project."
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny Resolution No. 2014-18
2. Continue Resolution No. 2014-18 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant/Property Owner: AES Southland, Stephen O'Kane, Manager, Sustainability and
Regulatory Compliance, 690 N. Studebaker Rd., Long Beach, CA 90803
Location: 21730 Newland Street (Northeast corner of Newland Street and Pacific Coast Highway)
The existing AES Huntington Beach Generating Station (HBGS) is proposed to be replaced with a
natural gas-fired, combined cycle, air-cooled, 939-megawatt electrical generating facility on the 28.6
acre site. The new Huntington Beach Energy Project (HBEP) will consist of two independently
operating, three-on-one, combined-cycle gas turbine power blocks. Each power block will consist
of three natural gas-fired combustion turbine generators, three supplemental fired heat recovery
steam generators, one steam turbine generator, an air-cooled condenser, and related ancillary
HB -375- Item 15. - 1
Dept. ID PL 14-007 Page 2 of 2
Meeting Date:4/7/2014
equipment. Each power block would be architecturally enhanced with surfboard structures, metal
mesh wave screens, and trompe I'oeil ("fool the eye") painting effects. In addition, portions of the
two power blocks will exceed the maximum 50' height limit as defined in the City's Zoning
Ordinance.
The request is to confirm the City's recommendation regarding architectural improvements and the
proposal to exceed maximum height limitations for the proposed Huntington Beach Energy Project.
B. STAFF ANALYSIS:
In June 2012, AES Southland submitted an application to the California Energy Commission (CEC)
to reconstruct the existing electrical power generating station. Although the power generating
station is located in the City of Huntington Beach, the City has no permitting authority over the
proposed request. The CEC does ask AES and the City to demonstrate that the proposal is in
compliance with all Local Ordinances, Rules and Regulations (LORS) prior to CEC action on the
proposed request. To that end, City staff has reviewed and provided comments on each stage of
the proposed project and all aspects of the CEC Preliminary Staff Assessments related to the
proposal.
City staff and CEC staff have identified that the appearance and architectural treatment of the
proposed new plant are of primary concern to the citizens of Huntington Beach.
Along with identifying the importance of the architecture of the plant, City staff has identified that the
maximum height limit within the Public Semi-Public zoning on the property is 50 ft. On March 21,
2014 AES submitted a letter to the City of Huntington Beach requesting the City provide support of
the proposal to exceed maximum height. AES identifies that the existing HBGS consists of two
power blocks each with one existing 200 foot high stack. The six proposed stacks for HBEP are
each approximately 120 feet high. In addition to the six stacks, HBEP proposes two power blocks,
each with three heat steam recovery generators with a proposed height of 92 feet, and each has
one air cool condenser with a proposed height of 104 feet. Additionally, the proposed architectural
screening consists of three surfboards, two metal mesh wave forms, and trompe I'oeil painting on
the air cooled condensers. The surfboards and metal mesh forms each have an approximate
height of 125 feet. Therefore, the new proposed power plant, associated structures, and
architectural screening will exceed the maximum height limitations by approximately 42-75 ft.
If the City had jurisdiction and approval authority over the newly proposed power plant, the
applicant would be required to seek approval of a Variance to exceed maximum height limitations.
In this case, because AES is asked to demonstrate compliance with local requirements, AES and
the CEC have asked the City to determine whether or not a variance to exceed height would be
affirmatively approved. The attached Resolution describes the typical findings necessary to
approve a height variance and provides some justification for the proposed request. The attached
Resolution also confirms the City's support for the proposed architectural treatment of the proposed
power plant and transmits the City's recommendation to the California Energy Commission.
Environmental Status:
Covered by Application for Certification No. 12-AFC-02, currently being processed by the California
Energy Commission.
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
1. Resolution No. 2014-18
2. Letter from AES Southland received and dated March 21, 2014
SH:JJ:kdc
Item 15. - 2 HB -376-
: ATTACHMENT # 1
RESOLUTION NO. 2.014-18
A RESOLUTION OF THE CITY COUNCIL, OF THE
CITY OF HUNTINGTON BEACH SUPPORTING PROPOSED ARCHITECTURAL
IMPROVEMENTS AS MODIFIED AND APPROXIMATE 125 FOOT HIGH
STRUCTURES RELATED TO THE RECONSTRUcnON OF
THE HUNTINGTON BEACH ENERGY PROvTECT
WHEREAS, AES Southland Development, LLC (AES) submitted an Application for
Certification (AFC) to the California Energy Commission (CEC) on June 27, 2012 for new
construction of the Huntington Beach Energy Project (HBEP). The proposed project will replace
the existing AES Huntington Beach Generating Station (HBGS) with a natural gas-fired,
combined cycle, air-cooled, 939-megawatt electrical generating facility. AES' proposed project
consists of demolishing the existing 200 foot high structures and replacing the structures with
two power blocks, each with three heat steam recovery generators with a proposed height of 92
feet, and each has one air cool condenser with a proposed height of 104 feet.
The CEC has permitting authority for the proposed HBEP and has requested the City to
identify how the project complies with Local Ordinances and Regulations (LORS).
On December 6, 2012, the City of Huntington Beach submitted a comment letter to the
CEC and identified that the proposed project does not comply with the City's Zoning and
Subdivision ordinance (ZSO)/LORS in part because the proposed structure height exceeds 50
feet.
On March 21, 2014 AES submitted a letter to the City of Huntington Beach requesting
the City make findings in support of a height variance although the City has no jurisdiction over
the issue. If the City had jurisdiction over this project, a proposal to exceed the City's maximurn
height limits would be subject to approval of a variance by the Planning Cormnission and would
have to comply with the General Plan and zoning code policies to enhance public visual
resources.
By this resolution, the City Council is making hypothetical findings for a variance as
requested. In addition, City Council recommends CEC incorporate the architectural treatments
with modifications as set forth below into their final project approvals.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The existing HBGS is located on property within the PS (Public Semi-
public) zoning district which allows major and minor utilities. The existing structures are
approximately 200 ft high and have been operating on the subject site since the 1950s. The
proposed project will eliminate the less efficient existing facility and replace it with a modern
state of the art combined cycle electrical generation facility. The height of the HBEP's stacks
(approximately 120 ft high) are a result of the engineering and design requirements to meet the
11-3122/107796.doc 1
Resolution No. 2014-18
air quality permitting requirements of the South Coast Air Quality Management District
(AQMD). The CEC's Preliminary Staff Assessment concludes that no feasible design
alternatives will eliminate the need for stacks in excess of the City's height limitations.
Therefore, without the stacks at proposed height, the property cannot continue to operate as an
electrical generating facility.
SECTION 2. Because of special circumstances applicable to the subject property,
including size, location or surroundings, the strict application of the zoning ordinance may
deprive the subject property of privileges enjoyed by other properties in the vicinity and under
identical zone classification. The site is unique in that an electrical generating station has been
operating at the site since the 1950s and it is already serviced by a high pressure natural gas.
pipeline to facilitate electrical generation and an electrical transfer station to transfer the
generated power into the overall electrical grid. The presence of these infrastructure components
are unique to a power plant and demonstrate the special circumstances applicable to the location
and the subject property. Additionally, the requirement to eliminate ocean water for once-
through cooling combined with the site's lack of access to a feasible water supply for wet-
cooling, creates a unique circumstance requiring dry cooling to accommodate electrical energy
generation. Furthermore, air quality regulatory requirements that apply due to the site location
require the use of stacks that exceed the maximum height limit. The strict application of the
zoning ordinance would deprive HBEP of the existing privileges enjoyed by the 1950s era
HBGS, which operates under the same zoning classification. Additionally, there are other
existing approximately 70 ft high electrical tower structures that have been approved and
constructed exceeding maximum height limitations in Low Density Residential zones,
Residential Agriculture zones, and Public Semi-Public zones. The strict application of the
zoning ordinance would deprive HBEP of the existing privileges enjoyed by the current power
generating station and other existing electrical tower structures operating under the same and
other zoning classifications.
SECTION 3. Exceeding maximum height limitations may be necessary to preserve the
enjoyment of one or more substantial property rights because the Public Semi-Public zoning
classification allows major and minor utilities and the height variance would be necessary to
allow AES to demolish and reconstruct a more efficient, lower profile electrical power
generating station. Exceeding the maximum 50 ft height limit for the proposed approximately
120 ft high electrical generating plant along with approximately 125 ft high architectural
screening will not constitute a grant of special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification. There are other existing
approximately 70 ft high electrical tower structures that have been approved and constructed
exceeding maximum height limitations in Low Density Residential zones, Residential
Agriculture zones, and Public Semi-Public zones. The strict application of the zoning ordinance
would deprive HBEP of the existing privileges enjoyed by the current power generating station
and other existing electrical tower structures operating under the same and other zoning
classifications.
11-3122/107796.doc 2
Resolution No. 2014-18
SECTION 4. Exceeding maximum height limitations will not be materially detrimental
to the public welfare or injurious to property in the same zone classification and will not
adversely affect the General Plan. The overall site has favorable geology and soils suitable for
the power plant development. No new offsite development would be needed for HBEP, such as
upgrades or additions to the existing electric transmission system or natural gas pipeline system.
The Public land use designation is consistent with power plant development. Construction of
HBEP may result in the reduction of certain environmental impacts as compared to the existing
HBGS. Construction of the HBEP also includes architectural enhancements to soften the view
of the new structures, create a focal point through the use of surfboards and wave forms, and to
blend in with the surrounding environment through the use of trompe l'oeil painting effects on
the air cooled condensers. The architectural improvements serve to preserve and enhance public
visual resources as required in the Coastal Zone overlay. Although the proposed structures do
not comply with maximum height limitations, the portions that exceed the maximum 50 ft height
limit are a small percentage of the overall improvements on the 28.6 acre site. Therefore,
exceeding maximum height limitations for HBEP and associated architectural improvements will
not be materially detrimental to the public welfare or injurious to property in the same zoning
classification and is consistent with the General Plan.
SECTION 5. The City of Huntington Beach City Council recommends that CEC's final
action incorporate an architectural plan based on the visual simulations and architectural
enhancements as depicted Exhibit A with the following modifications: 1. the surfboard design
shall be substantially three-dimensional and of a sufficient size and proportion for a realistic
representation of a surfboard; 2. the trompe l'oeil painting on the air cooled condensers be
revised to be more reflective of resort hotel windows and hotel improvements; 3. The entire
HBEP be painted a combination of tans and browns on the lower portions and light blue on the
upper portions. 4. No signs or other identifying features be painted or attached to the stacks, air
cooled condensers, or heat recovery steam generators; 5. The final architectural plan and color
scheme shall be subject to review and approval by the Planning and Building Department.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of April , 2014.
Mayor
REVIE APPROVED: APPROVED AS TO ORM:
City ' n ge City Attorney WV q
INITlAfTED AND APPROVED:
Dire for o Planning and Building
1 1-3 122/1 07796.doc 3
Resolution No. 2014-18
4/2/2014
Huntington Beach Energy Project
March 17, 2014
• Building Height
— Maximum 50 ft height in Public Semi-Public zone
— Approximately 120 ft for six stacks
— Approximately 125 ft for three surfboards
• Architectural Improvements: Recommended Revisions
— Surfboards:substantially three-dimensional and of sufficient
size and proportion for realistic representation of a surfboard
— Trompe I'oeil painting on ACC: more reflective of resort hotel
— Entire HBEP: painted combination of tans and browns on lower
portions and light blues on upper portion
— No signs or other identifying features on stacks,ACCs, or HRSGs
f.
a.....
EXHIBIT 1
Resolution No. 2014-18
4/2/2014
�AES
Project Attributes
®®® Preliminary
Height "Stack"—202`" Stack—120 ft'
(feet) ft
Unitsland2 HRSG-92ft j
Boiler—152
ft ACC—104 ft
Units 3 and 4 Architectural
Boiler-138 approx 125 ft'
ft .:_
i
I
2
Resolution No. 2014-18
4/2/2014
x,
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3
Res. No. 2014-18
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on April 7, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
City 4trk and ex-officio Merk of the
City Council of the City of
Huntington Beach, California
F)ATTACHMENT #2
IV
AlonAES
We are the energy
AES Huntington Beach, LLC
21730 Newland Street
Huntington Beach, CA 92646
tel 562 493 7891
fax 562 493 7320
March 21, 2014
Jane James
City of Huntington Beach
Planning Manager
2000 Main Street
Huntington Beach, CA 92649
Re: AES Huntington Beach Energy Project—Specific Findings in Support of
Height Variance
Dear Ms. James:
This letter provides the information you requested via electronic mail to AES Southland
Development, LLC (AES) on March 6, 2014 regarding findings in support of a height variance
for the Huntington Beach Energy Project (HBEP) pursuant to sections 241.02 and 241.10 of the
City's Zoning Code.
As requested, the below demonstrates HBEP's compliance with the requirements for a variance
in accordance with the City's Zoning Code. Specifically, the information and findings below
relate to the height of certain components of HBEP that will exceed the City's maximum height
of 50 feet for a commercial structure in the City's Coastal Zone Overlay District (Zoning Code
Section 214.08). While HBEP is under the exclusive jurisdiction of the California Energy
Commission (CEC), the information and findings below demonstrate that absent the CEC's sole
permitting/licensing authority, HBEP meets the variance requirements of the City's Zoning
Code.
BACKGROUND AND SUPPORTING INFORMATION
To support the finding that HBEP will meet the variance requirements of the City's Zoning Code,
AES reiterates the following information that is also set forth in the HBEP Application for
Certification (AFC):
- The existing Huntington Beach Generating Station (HBGS) site on which HBEP will be
located is designated as Public (P) in the City of Huntington Beach General Plan, which,
among other uses allows public utilities. The HBGS site and the portion of the site that
will be used by HBEP is zoned Public/Semi-public (PS), which allows major and minor
utilities among other various uses. Specifically, electrical generation facilities are a
permitted use within the PS zoning district.
Item 15. - 12 HB -386-
Ms. Jane James
March 19, 2014
Page 2
- The existing HBGS consists of two existing power blocks: Units 1 and 2 comprise one
power block, and Units 3 and 4 comprise the second power block. The two existing
HBGS power blocks are each supported by one 200-foot tall stack, so the existing
HBGS has two 200 foot (ft) tall stacks. The existing HBGS pre-dates the City of
Huntington Beach Zoning Ordinance that was adopted after construction of HBGS Units
1 through 4 and their supporting facilities. Therefore, the existing HBGS is a recognized
pre-existing use and complies with the City's General Plan and Zoning Code due to the
nature of the existing and allowable land uses at the HBGS for electrical generation
since the 1950s.
- HBEP will be developed on a portion of the previously disturbed HBGS site that, as
noted above, is zoned PS which includes electrical generation facilities as an allowable
land use. As a modern, state of the art combined-cycle electrical generation system,
HBEP will replace the less efficient existing generating equipment at HBGS. The
California Independent System Operators (CAISO) and the CEC specifically recognize
the importance of continued electrical generation at the HBGS site with the replacement
of the existing 1950s generation units with modern combined cycle electrical generation
units. In addition, HBEP will use air-cooled condensers that will allow HBEP to use less
than 20 percent of fresh water used by the existing HBGS generating units, and will
eliminate the use of ocean water for once-through cooling that is required for the existing
electrical generating units at HBGS. State law requires HBGS to discontinue once-
through cooling.
- The six stacks for HBEP (HBEP consists of two power generation blocks: Blocks 1 and
2, each of which have three stacks for a total of six stacks) are approximately 120 ft tall
as compared to the two existing HBGS stacks which are 200 ft tall. In addition to the six
stacks, HBEP Blocks 1 and 2 each have three heat steam recovery generators (HRSGs)
which have a maximum height of 92 ft, and HBEP Blocks 1 and 2 each have 1 air cool
condensers (ACC) that are 104 ft tall.
HBEP Stack Height
The height of the HBEP six stacks (approximately 120 ft tall) are a direct result of the
Project's engineering and design requirements to meet the air quality permitting
requirements of the South Coastal Air Quality Management District (AQMD). The height
of the stacks is a direct requirement for HBEP to meet the AQMD's permitting
requirements for sufficient dispersion of operational air emissions from HBEP. As noted
above, the 120 ft tall HBEP stacks are significantly shorter than the existing 200 ft tall
stacks at HBGS. The CEC's Preliminary Staff Assessment, Part B ("PSA Part B")
discusses alternatives to HBEP and concludes there is no alternative that would
eliminate the need for stacks that exceed the height limit. Thus, the site cannot enjoy the
electrical generating use within the prescribed height limits.
Height of HBEP's HRSGs
The height of each of the six HRSGs for HBEP (92 ft) is based on the manufacturers
design specifications to meet HBEP's operational parameters of the 939-megawatt (MW)
of modern, high efficiency combined cycle generating units that will replace the existing
1950s-era HBGS generation equipment.
HB _387- Item 15. - 13
Ms. Jane James
March 19, 2014
Page 3
Height of HBEP's ACCs
The height of the two ACCs for HBEP (104 ft) is based on the manufacturer's design
specifications to meeting HBEP's operational parameters of the 939-megawatt (MW) of
modern, high efficiency combined cycle capacity that will replace the existing 1950s-era
HBGS generation equipment. As discussed above, the use of air-cooled condensers will
allow HBEP to use less than 20 percent of fresh water used by the existing HBGS
generating units, and will eliminate the use of ocean water for once-through cooling that
is required for the existing electrical generating units at HBGS. Moreover, any air-cooled
alternative to the proposed project will include ACCs that exceed the prescribed height
limit. A wet cooling alternative is not feasible because once-through cooling with ocean
water is prohibited and there is not a reasonably available or suitable water source
located at the site for wet cooling. Thus, the site cannot enjoy the electrical generating
use within the prescribed height limit.
- HBEP is located within a portion of the existing HBGS that is served by infrastructure
and services adequate to support additional development. The existing HBGS has
various ancillary facilities that will support the HBEP, such as the Southern California
Gas Company (SoCalGas) natural gas pipeline serving the site, the existing onsite
Southern California Edison (SCE) 230-kV switchyard, and the existing connections to
the City of Huntington Beach potable water system and sanitary sewer system. These
unique site characteristics further support locating HBEP at the proposed site.
- The existing HBGS is defined as a coastal-dependent energy facility within the City of
Huntington Beach Local Coastal Plan (LCP). Based on the priority of the City of
Huntington Beach's LCP to redevelop existing industrial parcels in the coastal zone
rather than establishing new industrial parcels in the coastal zone, the repowering of the
existing HBGS through the implementation of the HBEP is consistent with the City's LCP
as it will reuse and connect to existing industrial infrastructure, including the: existing
SCE switchyard, existing Southern California Gas Company high pressure natural gas
pipeline, existing City of Huntington Beach potable water and sanitary sewer pipelines,
and the existing Huntington Beach Generating Station's ocean outfall for discharge of
stormwater and process water.
- The overall HBGS site and, more specifically the HBEP site, has favorable geology and
soils suitable for power plant development and has no significant engineering
constraints. No new offsite development would be needed for HBEP, such as upgrades
or additions to the existing electric transmission system or natural gas pipeline system.
The land use designation of the site is consistent with power plant development.
Development of HBEP and the retirement of the existing HBGS generating units will not
result in any new significant impacts to public health or the environment. Rather, as
documented in the AFC, the HBEP will result in the reduction of certain environmental
impacts as compared to the existing HBGS.
- As documented in Section 6.0 Alternatives of the AFC for HBEP, the region in which the
existing HBGS is located and in which the HBEP will be located does not include
suitable alternative sites. Rather the region consists of densely developed residential
neighborhoods, commercial facilities, and public facilities, with little suitable open land.
As noted above, the HBEP site has a strong relationship to the existing HBGS electrical
generation/industrial site and the existing regional SCE electrical transmission and
Item 15. - 14 HB -388-
Ms. Jane James
March 19, 2014
Page 4
III
distribution system. As detailed in Section 6.0 -Alternatives of the HBEP AFC, HBEP will
provide critical electric reliability service in a densely populated load pocket of Southern
California. If a suitable brownfield alternative site were identified, it is unlikely that such a
site would provide the necessary infrastructure already available at the HBEP site.
Therefore, an alternative site will likely not reduce or avoid any impacts associated with
the HBEP site, which, as the analysis in the AFC shows, are already below significant
y y
levels. Further, development on alternative sites could result in greater impacts than
present with the redevelopment of a portion of the existing HBGS for the HBEP.
By replacing the existing HBGS, HBEP will ensure reliable generation is maintained at a
location critical to southern California, and will provide fast response, modern, clean, and
efficient electrical power that fully supports and assists the region and California in
achieving much greater reliance on intermittent renewable electricity generation sources,
such as wind and solar.
REQUIRED FINDINGS IN SUPPORT OF A VARIANCE FOR HBEP (CITY ZONING CODE
SECTION 241.10)
Based on the discussion and supporting information set forth above, AES provides the following
findings in support of a variance for HBEP:
• The granting of a variance will not constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity and under an identical zone classification.
Finding: The existing HBGS site on which HBEP will be located is designated as Public
(P) in the City of Huntington Beach General Plan, which, among other uses, allows
public utilities. The HBGS site and the portion of the site that will be used by HBEP is
zoned Public/Semi-public (PS), which allows major and minor utilities among other
various uses. Specifically, electrical generation facilities, such as the existing HBGS, are
a permitted use within the PS zoning district. Therefore, the granting of a variance for
HBEP on the existing HBGS is consistent with the PS zoning district for the site, and
does not grant HBEP a special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification.
• Because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zoning
ordinance is found to deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification.
Finding: The existing HBGS site on which HBEP will be located is designated as Public
(P) in the City of Huntington Beach General Plan, which among other uses allows public
utilities. The HBGS site and the portion of the site that will be used by HBEP is zoned
Public/Semi-public (PS), which allows major and minor utilities among other various
uses. Specifically, electrical generation facilities, such as the existing HBGS and the
proposed HBEP, are a permitted use within the PS zoning district. The site is unique in
that it is already serviced by a natural gas pipeline to facilitate electrical generation.The
requirement to eliminate once-through cooling combined with the site's lack of access to
a feasible water supply for wet cooling creates a unique circumstance requiring dry
HB -389- Item 15. - 15
Ms. Jane James
March 19, 2014
Page 5
cooling to accommodate electrical energy generation. In addition, air quality regulatory
requirements that apply due to the site location require the use of stacks that exceed the
height limit. Therefore, the strict application of the zoning ordinance would deprive HBEP
of the existingprivileges which operates under the
p eges enjoyed by the existing HBGS, ope a de
identical PS zoning district classification. In addition, the granting of a variance for HBEP
on the existing HBGS site is consistent with the PS zoning district for the site.
• The granting of a variance is necessary to preserve the enjoyment of one or more
substantial property rights.
Finding: The existing HBGS site on which HBEP will be located is designated as Public
(P) in the City of Huntington Beach General Plan, which among other uses allows public
utilities. The HBGS site and the portion of the site that will be used by HBEP is zoned
Public/Semi-public (PS), which allows major and minor utilities among other various
uses. Specifically, electrical generation facilities, such as the existing HBGS and the
proposed HBEP, are permitted uses within the PS zoning district. The granting of a
variance is necessary to preserve AES's ability to use the site for electrical generation as
permitted by the City's General Plan. Thus, granting of a variance is necessary to
preserve AES's enjoyment of one or more substantial property rights.
• The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification and is consistent with the General
Plan.
Finding: The overall HBGS site and specifically the HBEP site has favorable geology
and soils suitable for power plant development and has no significant engineering
constraints, No new offsite development would be needed for HBEP, such as upgrades
or additions to the existing electric transmission system or natural gas pipeline system.
The land use designation of the existing HBGS is consistent with power plant
development. The General Plan also recognizes the existing use of the HBGS site and
includes references to potential proposals to expand or alter the facility. Moreover,
development of HBEP and the retirement of the existing HBGS generating units will not
result in any new significant impacts to public health or the environment. Rather, HBEP
will result in the reduction of certain environmental impacts as compared to the existing
HBGS. Therefore, the granting of a variance for HBEP will not be materially detrimental
to the public welfare or injurious to property in the same zone classification and is
consistent with the General Plan.
If you have any additional questions, please contact either me or Robert Mason of CH2M HILL
at (714 435-6113).
Sincerely,
C3�;L_
Stephen O'Kane
Vice-President
AES Southland Development, LLC
Item 15. - 16 HB -390-
Ms. Jane James
March 19, 2014
Page 6
cc: J. Didlo/AES
J. Salamy/CH2M HILL
R. Mason/CH2M HILL
HB -3 9 1- Item 15. - 17