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HomeMy WebLinkAboutPC Resolution _4742- Case 5.0863RESOLUTION NO. 4742 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, CASE NO.5.0863, REQUESTING AN ADDITIONAL 6 (SIX) WIND TURBINES TO AN EXISTING WIND FARM, LOCATED AT 17550 KAREN AVENUE. E-1 ZONE, SECTION 10. WHEREAS, the Planning Commission has received a request for a Conditional Use Permit to allow for 6 (six) wind turbines to be added to an existing wind farm; and WHEREAS, the Zoning Ordinance requires that wind energy (WECS) projects require a Conditional Use Permit; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.0863 was given in accordance with applicable law; and WHEREAS, on April 25, 2001, a public hearing on the application for the Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: Pursuant to CEQA, an initial study (dated April 25, 2001) has been prepared and it has been determined that the project will not have a significant impact on the environment. Section 2: Pursuantto Government Code Section 66474, the Planning Commission finds that: a. That the use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the Zoning Ordinance. The project site is located within the E-1 zone. Section 92.17.00 of the Zoning Ordinance allows for wind energy conversion systems (WECS) with a Conditional Use Permit. This project is appropriately subject to the Conditional Use Permit review within the E-1 zone. Page 2 of 3 Resolution (Case No. 5.0863) April 25, 2001 b. That the said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use is desirable in that it will generate additional power supply for the State of California. The proposed wind turbines will be placed in an area currently occupied by other wind turbines approved by the City of Palm Springs. The General Plan and the Zoning Ordinance allow for wind energy conversion systems (WECS) in this area of the city, therefore, the proposed additional wind turbines will not be detrimental to existing or future uses specifically permitted in the zone in which the proposed use is to be located. c. That the site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls, fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is 120 acres, which is in excess of the minimum size requirements for the E-1 zone. As such, the project site is adequate in size and shape to accommodate the proposed wind turbines, including setbacks and other features required in order to adjust the proposed use to those existing and permitted future uses of land in the area. While the project conforms to the safety and scenic setbacks, a determination by the Planning Commission must be made regarding the wind access setback. The Zoning Ordinance states that no commercial WECS shall be located where the center of the tower is within a distance of five (5) rotor diameters from a lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction. This requirement can be waived if the application is accompanied by a legally enforceable agreement or waiver for a period of 25 years or the life of the permit that the adjacent landowner agrees to the elimination of the setback, or if the Planning Commission determines that the characteristics of the downwind property eliminate the ability to develop said downwind property with commercial WECS. The applicant has requested and the Planning Commission approved the determination that the characteristics of the downwind property will eliminate the ability to develop WECS. There are two conditions that support such a determination: 1) the adjacent property is in the sphere -of -influence of the City of Palm Springs and is designated for residential use (1-6) by the City General Plan, as well as being zoned R-1 (Single Family Residential) by Riverside County; 2) WECS must be located a minimum of 1200 feet from existing residential uses, leaving only an 800 foot strip to the east of the proposed project. WECS within this area would not likely be able to meet the required noise limitations to the residences. C r Page 3 of 3 Resolution (Case No. 5.0863) April 25, 2001 d. That the site for 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. The project site is accessed by public streets which are adequate to serve the industrial area within which the site is located. The proposed wind turbines will generate minimal traffic and will not intensify uses on the site or in the area. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modification of the zone's property development standards. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0863 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of building permits for the project, unless otherwise specified. ADOPTED this 25 day of April T_ , 2001. AYES: Mills, Jurasky, Raya, Klatchko, Matthews, Caffrey, Shoenberger NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA lannin Commission Chairman Planning Vommission Secretary RESOLUTION NO.4742 EXHIBIT A 17550 Karen Avenue April 25, 2001 Case No. 5.0863 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The development of this commercial WECS permit shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The 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 Case 5.0863. The City of Palm Springs will promptly notify the applicant 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 falls 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. 3. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, the permittee shall submit to the Department of Planning & Building a written statement from Southern California Edison Company confirming that the proposed utility interconnection is acceptable and in accordance with the procedures established by the California Public Utilities Commission. Page 2 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 4. All notices concerning this permit may be served by mail or in person on the following individual at the following address: Whitewater Energy Corporation 21515 Hawthorne Blvd., Suite 1059 Torrance, CA 90503 The above -designated individual and served address may be changed from time to time, but the individual and served address shall remain located within the State of California. No such change shall be effective unless served by registered or certified mail on the City of Palm Springs Director of Planning & Building. 5. Prior to any replacement or modification of any WECS or related facilities, written notice shall be given to the Director of the Department of Planning & Building. 6. Phasing of development requirements, not otherwise provided for may be approved in conjunction with a phasing plan as approved by the Director of Planning & Building and other affected agencies. Should phasing or development requirements be proposed, the permittee shall submit seven (7) marked plot plans showing the phasing plan to the Department of Planning & Building. PRIOR TO BUILDING INSPECTION APPROVAL of each phase, all facilities, improvements and other requirements intended for that phase shall be installed in usable condition. 7. A maximum total of twelve (12) WECS shall be allowed within the permit boundaries, except as part of an approved phasing program. 8. The WECS specifications approved under this commercial WECS permit include the following: WECS Manufacturer & Model No.: Enron Wind 1.5170.5 Wind Turbine Generator Total Height: 299 feet Rotor Diameter: 70.5 m Orientation: Horizontal -axis, upwind Number of Blades: 3 Rated Power Output: 1.5 MW WECS Tower Design: Tubular tower with hub height of 64.7 meters 9. The following restrictions shall apply to the occupancy and use of the property included under this permit: a. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property and public rights -of -way. 0. Page 3 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 b. In no case shall any new building, structure, or electrical substation be closer than fifty (50) feet from any road right-of-way or lot line and no building, structure, or electrical substation shall exceed thirty (30) feet in total height unless otherwise approved by the Planning Commission. C. No advertising sign or logo shall be placed or painted on any WECS, tower or foundation. No more than one (1) unlighted advertising sign relating to the development shall be located on the project site; signs shall be rectangular in shape, shall not exceed fifty (50) square feet in surface area and eight (8) feet in height. Prior to installation of any advertising signs, a sign permit shall be obtained from the Department of Planning & Building. d. Construction, operation, and maintenance traffic shall be restricted to the hours between 6:00 AM to 10:00 PM, except for emergency maintenance of the WECS array, and shall not present a dust, noise, and light nuisance. e. Dust control measures as described in the permittee's dust control plan dated January 11, 2001 shall be incorporated into other construction and operation activities of this permit. All construction and graded areas shall be treated with dust suppressants on a daily basis while being used to prevent the emission of dust and blowsand. In accordance with the City of Palm Springs Municipal Code Section 8.50.00, the developer shall post a cash bond of $2,000 per disturbed acre, or a cash deposit of $5,000 with a letter of credit for the remainder, for mitigation measures of erosionlblowsand with the Department of Planning & Building. No grading, stockpiling, WECS, or any other activity or structures shall be allowed during construction and life of this WECS permit outside of temporary and permanent disturbance areas as shown on the approved site plan unless specifically approved by the Director of Planning & Building through the Land Use Permit process. g. A number or other identification for each WECS approved by this commercial WECS permit shall be assigned by the Department of Planning & Building and permanently affixed to the base of each WECS tower or foundation. This number or other identification shall not be changed by the permittee or removed from the WECS. tower or foundation without the approval of the Department of Planning & Building. The number or other identification shall be cited in connection with all reports involving individual WECS connected with this commercial WECS permit. h. No WECS shall be operated so as to cause significant television interference. If interference is caused by WECS or its operation, the WECS permittee shall take the measures necessary to remedy the situation. Remedial measures which may be required include, but are not limited to, installation of cable television in the affected area and discontinued operation. No WECS shall be operated so as to cause unlawful interference with microwave communications. Page 4 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 The permittee shall provide written reports of all failures of WECS which result in: Loss of blades, loss of hub assemblies, separation of the generator from the tower through failure, tower failure, and failure of electrical power cables connecting the generator to the electrical termination at the bottom of the tower. Reports shall be submitted by mail to the Director of the Department of Planning & Building within 48 hours of occurrence of the incident and shall include the type of incident, the identification number of the WECS, and the name and address of the operator. In addition to notifying the Director of Planning & Building of such failures, the wind farm operator shall keep a log of all such failures which will be available for inspection by City personnel or their consultants upon reasonable notice. j. The permittee may be required to submit periodic monitoring reports containing data on the operations and environmental impacts of this commercial WECS permit including, but not limited to, noise, WECS failures, power production and sightings of threatened or endangered species. Upon written notice from the City of Palm Springs requiring such a report, the permittee shall prepare and submit the required report within fourty-five (45) calendar days. k. No approval is given by this Conditional Use Permit for permanent storage areas and storage containers or any structures or buildings (except electrical transmission vaults conducting power within the site). Any storage areas and structures shall be approved through the Land Use Permit process. All WECS shall be individually metered upon connection to the utility interconnection to facilitate the monitoring of power production of individual WECS. 10. The permittee shall comply with the following WECS noise standards and verification procedures: a. The WECS permitted hereunder shall not be operated so that noise is created exceeding an exterior level of 55 db(A) as measured at the nearest dwelling. WECS shall not create sound pressure levels sufficient to cause perceptible vibrations of dwelling structural elements (including, but not limited to, doors, windows, interior walls, and floors) over a range of frequencies from 0.1 Hertz to 100 Hertz (reference NASA Technical Memorandum 83228, page 14, figure 11). All questions regarding the true meaning of these noise standards shall be referred to the Director of the Department of Planning & Building. In the event noise exceeds the above standards, the WECS operator shall take the necessary steps to remedy the situation, which may include discontinued operation. b. The Department of Planning & Building shall investigate WECS. noise complaints. The Department representative may enter the property to investigate any noise complaints upon reasonable notice. At the time of investigation, the operator of the WECS array may be required to temporarily discontinue the operation of as many C. WECS as needed within the array to allow the Department representative to make reasonable field evaluations. Page 5 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 11. The permittee shall submit a quarterly power production report to the Department of Planning & Building. This power production report shall cover the preceding calendar quarter, shall be submitted no later than forty-five (45) days following the end of the calendar quarter, and shall be in the form prescribed by the Department. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, permittee shall submit to the Department of Planning & Building the "Projected Annual Production Per Turbine (Kwh)" and the "Projected Quarterly Production Per Turbine (Kwhr for each WECS allowed under this permit. No modification of these projections shall thereafter be made except with prior written authorization of the Department of Planning & Building. 12. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, the following additional and/or revised plans (five copies) shall be submitted for approval by the Department of Planning & Building: 5" X 5" mounted color and finish samples of exterior WECS components and towers. 13. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the permittee shall place identified stakes at each comer of the property containing this WECS permit and at the corners of the actual construction site as shown on the approved site plan. Additional stakes may be required as determined by the Director of Planning & Building. The stakes shall extend at Cleast three (3) feet above the ground and shall be maintained during the construction period(s) of this WECS permit. 14. PRIOR TO THE ISSUANCE OF BUILDING PERMITS for any WECS, a California registered structural and electrical engineer(s) shall certify in writing to the satisfaction of the Director of Planning & Building that the WECS foundation, tower and compatibility of the tower with the rotor and the rotor related equipment, and the electrical system conform with good engineering practice and comply with the applicable provisions of the Uniform Building and Electrical Code that have been adopted by the City. 15. PRIOR TO THE ISSUANCE OF BUILDING PERMITS for any WECS, a registered mechanical engineer shall certify in writing to the satisfaction of the Director of Planning & Building that the WECS mechanical system, including rotor overspeed control system, conforms to good engineering practice and complies with the appropriate provisions of the mechanical codes adopted by the City. 16. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the permittee shall obtain a toll -free telephone number and this telephone number shall be maintained throughout the life of this permit for he purpose of responding to noise and other construction/operational related concerns of the general public; a written log of all contacts received by the telephone number stating date, time, nature and response provided of the contact shall be kept and made available upon demand to the Director of Planning & Building; PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, the telephone number shall be distributed by U.S. mail to all surrounding property owners within one-half mile of the outer boundary of the permitted property as shown on the latest Assessors' tax rolls, and to the local office of the U.S. Bureau of Land Management, and a certified copy of the distributed notice with property Page 6 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 owners list shall be provided for the approval of the Director of Planning & Building; additional distribution and notice may be required as directed by the Director of Planning & Building throughout the life of this permit. 17. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of the last WECS, all permanent private roads, internal circulation routes, parking areas, fire breaks, permanent storage areas, and substations shall be treated with minimum one inch thick gravel rock base composed of 60 percent gravel, 40 percent crushed rock mixture and/or be treated with a South Coast Air Quality Management District (SCAQMD) approved control measure as outlined in Chapter 4 of the Final, November 1990, "State Implementation Plan for PM10 in the Coachella Valley" and maintained thereafter in accordance with the appropriate SCAQMD PM10 (dust and blowsand) abatement procedures, to the satisfaction of the Director of Planning & Building if required the City PM10 ordinance or AQMD requirements. 18. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of each WECS and tower, the coloration of all WECS exterior components and towers allowed by this permit shall be as shown on the approved color sample on file with the Department of Planning & Building; the final selection of WECS and tower coloration shall be as approved by the Director of Planning & Building. The finish of all WECS exterior components allowed by this permit shall be flat, matte, or galvanized. The finish of all WECS shall weather within a six (6) month period to a lusterless condition. The approved coloration and finish shall be maintained in good condition throughout the life of this commercial WECS permit. 19. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, electrical collection lines or cables on the site shall be underground up to the low voltage side of the utility interface point of an on -site substation or step-up transformer or as otherwise approved by the Director of Planning & Building through the Land Use Permit. On -site electrical transformers shall be pad mounted. 20. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of each WECS, legible signs warning of WECS electrical and other hazards shall be posted on stationary positions of the WECS or its tower and at gated entry points to the project site at a height of three to five feet above the ground. Warning signs shall be in English and Spanish. 21. PRIOR TO FINAL BUILDING INSPECTION APPROVAL AND UTILITY INTERCONNECTION of each WECS, the WECS numbers and individual meters required shall be installed as approved by the Department of Planning & Building. 22. PRIOR TO FINAL_ BUILDING INSPECTION APPROVAL of any WECS and towers, a secure three (3) foot high three -strand barbed wire fence or six (6) foot high chain link fence, and locking portals, shall be erected along the entire perimeter of the project site and shall be maintained at all times during the life of this WECS permit. The fence shall be subject to the approval of the Department of Planning & Building. 23. The life of Conditional Use Permit 5.0863 shall be valid for and not exceed 30 years after the date of original approval. Page 7 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 24. Per the original approval for Karen Wind Farm, obtain a final inspection and Certificate of Occupancy from the Building Department prior to issuance of any new permits on this site. FIRE: None ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. The Engineering Department recommends deferral of off -site improvement ITEMS 2, 3, and 5 thru 8 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Grading Plan. The Grading Permit will not be issued until completion of the covenant. 2. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. Page 8 of 8 Conditions of Approval (Case No. 5.0863) April 25, 2001 KAREN AVENUE 4. Dedicate a half street right-of-way of 50 feet to provide the ultimate half street width of 50 feet along the entire frontage of APN 666-130-006 in accordance with City of Palm Springs Standard Drawing No. 105. 5. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 6. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 7. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct ac pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 9. The developer shall comply with Palm Springs Municipal Code, Chapter 8.50. If it is determined that the property is not in compliance at any time, the City Engineer shall require that a minimum 20 foot wide strip of asphalt concrete pavement be constructed from Dillon Road to the most southerly side of the project driveway. GRADING 10. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosionlblowsand relating to his property and development. 11. Contact the Building Department to get PM10 requirements prior to request for grading permit.