HomeMy WebLinkAboutPC Resolution _6183- Case 5.1253 CUP Solar Power Inc 4.96 MW Solar FieldRESOLUTION NO.6183
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF
CASE 5.1253 CUP / 6.524 VAR, A CONDITIONAL USE PERMIT
AND A VARIANCE FOR A 4.96 MEGAWATT SOLAR ENERGY
PRODUCTION FACILITY ON ROUGHLY 24 ACRES OF AN
APPROXIMATELY 98 ACRE PARCEL AT THE SOUTHEAST
CORNER OF 19T" AVENUE AND KAREN AVENUE; ZONE E-I,
SECTION 15/T3/R4; APN 666 330 001.
WHEREAS, Solar Power Inc, "applicant", has filed an application with the City pursuant to
Section 94.02.00 (Conditional Use Permit) and Section 94.06.00 (Variance) of the Zoning
Code seeking approval to establish a 4.96 MW Solar energy production facility on 24 acres
of a roughly 98 acre parcel at the southeast corner of 19t' Avenue and Karen Avenue with
reduced setbacks from 50 feet to 20 feet; and
WHEREAS, on November 22, 2010, the Architectural Advisory Committee met and voted 4-
0-3 to recommend approval of the project to the Planning Commission, stating their concern
about inability for seedlings to take hold to establish adequate groundcover to control wind-
borne dust and sand blowing up from the site once it is cleared and graded.; and
WHEREAS, a notice of public hearing for Case 5.1253 CUP was given in accordance with
applicable law; and
WHEREAS, on March 9, 2011, a public meeting on Case 5.1253 CUP was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA") An Initial Study was conducted and the project
was found to cause potentially significant impacts to the environment. Mitigation measures
have been proposed reducing any potentially significant impacts to less than significant. The
applicant has agreed in writing to all proposed mitigation measures. A Notice of Intent to
Adopt a Mitigated Negative Declaration was prepared and circulated for public comment for a
period of 20 days. No new information was discovered that would require further analysis
under CEQA; 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 the California Environmental Quality Act (CEQA) Guidelines, the
Planning Commission adopts a Mitigated Negative Declaration including
mitigation measures that reduce any potentially significant impacts caused by
the project to less than significant.
Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the Planning
Planning Commission Resolution No. 6183 March 9, 2011
Case 5.1253 CUP Solar Power Inc at SEC 19'h Avenue & Karen Avenue Page 2 of 4 0
Commission finds as follows:
1) 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 this Zoning Code.
The applicant proposes solar collector uses (solar energy conversion systems (SECS) on 24
acres of a roughly 98 acre site in the E-1 zone. Solar collector uses are permitted in the E-1
zone subject to a conditional use permit.
2) That the 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 E-1 zone is intended for the development of alternative energy uses and other incidental
industrial uses. The SECS array proposed will augment the production of electrical energy,
similar to that of the existing WECS on the site. The General Plan land use designation for
the subject parcel is Regional Business Center (RBC). The RBC land use designation is a
mixed use designation intended for uses that serve a more regional service area accessible
by the proximity to the Interstate 10 freeway. The area is also immediately adjacent to major
high voltage transmission lines that parallel the freeway. The proposed solar collector field
will generate clean electricity for use throughout the Coachella Valley and the entire
southwest region. As such, the proposed use is not detrimental to existing or future uses
specifically permitted in the zone or the General Plan land use designation.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to those
existing or permitted future uses of land in the neighborhood.
The proposed project area is comprised of a leasehold for 24 acres of an approximately 98
acre site. Service roads and utility panels and enclosures are proposed that support the
solar panel installation. The project is proposed with perimeter fencing and security lighting
that will conform to the City's outdoor lighting ordinance.
4) 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 is designed to provide adequate access to the public streets via an entrance and
service drives off both Karen Avenue and 19t" Avenue. The only vehicular traffic to the site
would be periodic maintenance vehicles that clean and service the solar panels. The project
does not produce traffic impacts that would reduce the Level of Service (LOS) for the
network of public roads in the vicinity. Therefore the project is consistent with this finding.
Planning Commission Resolution No. 6183
Case 5.1253 CUP Solar Power Inc at SEC 190' Avenue & Karen Avenue
March 9, 2011
Page 3 of 4
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. mitigation measures outlined in an environmental assessment.
A draft set of conditions of approval necessary to ensure compliance with the Zoning
Ordinance requirements and to ensure the public health, safety and welfare are proposed
and included in Exhibit A of this staff report.
Section 3: Pursuant to Zoning Code Section 94.06.00 (B) (Variance), the Planning
Commission finds as follows:
Variance Findings.
Section 94.06.00 (B) (Variance) of the City's Zoning Code outlines the required findings that
must be made in order to approve a variance request. The applicant is seeking a reduction
of setbacks for energy uses from 50 feet to 20 feet and elimination of all landscape
requirements for the project area.
f. Because of special circumstances applicable to subject property,
including size, shape, topography, location or surroundings, the strict
application of the Zoning Code would deprive subject property of privileges
enjoyed by other properties in the vicinity and under identical zone
classification.
The Planning Commission has determined that the presence of the Garnet Wash and the
SCE transmission line right-of-way on the site creates special circumstances that deprive the
applicant the ability to develop the site with the same electrical generating capacity that other
sites in the vicinity and under the same zone classification without these constraints. Photo-
voltaic panels are rectilinear in their construction and layout of the PV panel installation is
less efficient on this site because of the diagonal crossing of the site by the wash and the
transmission lines. Therefore, the requested variance in setbacks is justified to enable the
applicant to develop the parcel in a manner similar to that of other properties in the vicinity
without such site constraints.
2. Any variance granted shall be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the vicinity
and zone in which subject property is situated.
It is noted that front yard setback in the M-2 zone is only 25 feet. For M-2 the side and rear
yard setbacks are zero. The granting of the variance from 50 feet to 20 feet would allow
setbacks for alternative energy uses on this parcel to be similar to those in the M-2 zone, it
would not grant a special privilege to this parcel that would be inconsistent with the limitations
imposed on similar properties in the vicinity.
Planning Commission Resolution No. 6183 March 9, 2011
Case 5.1253 CUP Solar Power Inc at SEC 19"' Avenue & Karen Avenue Page 4 of 4
3. The granting of the variance will not be materially detrimental to the
public health, safety, convenience or welfare or injurious to property and
improvements in the same vicinity and zone in which subject property is
situated.
The proposed reduction in setbacks for energy uses from 50 feet to 20 feet will pose no
adverse impact to persons working or residing on or around the project site. The project is
provided with adequate service roads around the entire project site for adequate access and
clear space for servicing and maintaining the proposed panels.
4. The granting of such variance will not adversely affect the general plan of
the city.
The project site is an open, industrial area primarily used for the installation of wind turbines
(WECS). The environmental features of the site are essentially flat and the surrounding land
uses are similar alternative energy and industrial uses. The development patterns in the
area and adjacent uses are compatible and similar to the proposed solar panel uses; no
adverse impact would occur.
The Planning Commission has therefore concluded that findings can be made in support of
the requested variance. 0
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1253 - CUP for the establishment of a 4.96 Megawatt
Solar Energy Production Facility on 24 acres of a roughly 98 acre parcel at the southeast
corner of 19t" Avenue and Karen Avenue, subject to the attached conditions set forth in
Exhibit A, and approves Case 6.524 VAR a variance application seeking reductions in
perimeter setbacks from 50 feet to 20 feet for energy uses in the E-1 zone.
ADOPTED this 9th day of March 2011.
AYES: 6, Donenfeld, Conrad, Munger, Klatchko, Hudson and Chair Caffery
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Vwing P PI nin Services
RESOLUTION NO. 6183
EXHIBIT A
Case 5.1253 CUP
Solar Power Inc. for a 4.96 MW Solar Energy Conversion System
At the Southeast Corner of 191h Avenue and Karen Avenue
March 9, 2011
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 Services, the Director of
Building and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case
5.1253 CUP; except as modified with the approved Mitigation Monitoring
Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped October 21, 2010,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulation s. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 5.1253 CUP The City of Palm Springs will promptly
Resolution No. 6183
Conditions of Approval
Case 5.1253 CUP Solar Power Inc 4_96 MW Solar Field
Page 2 of 17
March 9, 2011 0
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 fails 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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property
line, in a first class condition, free from waste and debris, and in accordance
with all applicable law, rules, ordinances and regulations of all federal, state,
and local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once constructed, the Conditional Use Permit, provided the project has
remained in compliance with all conditions of approval, does not have a time
limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 112% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to 0
maintain the art work and protect the public rights of access and viewing.
Resolution No. 6183
Conditions of Approval
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field
Page 3 of 17
March 9, 2011
ADM 10. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Vallev Multiple -Species Habitat Conservation Plan (CVMSHCP
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment.
ENV 4, Garnet Wash Conservation Corridor. Portions of the project lie within the
Garnet Wash Conservation Corridor (GWCC) as described in the Coachella
Valley Multiple Species Habitat Conservation Plan. (CVMSHCP). The
Garnet Wash Conservation Corridor provide fluvial (water borne) movement
of sand from the "sand source" (upstream mountain areas) to the "sand
deposition area" which is critical for replenishing the sand habitat of several
species. Development in the GWCC must adhere to the requirements for
development outlined in the CVMSHCP which includes no alteration to the
movement of sand through the subject parcel. Those development areas that
lie within the GWCC shall not have any structures, soil stabilizers or other
treatment that would inhibit, block, alter the flow, or velocity of the fluvial
4
Resolution No. 6183
Condifions of Approval
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Find
Page 4 of 17
March 9, 2011
movement of sand through that portion of the GWCC that crosses the site.
(Refer to www.cvmshcp.org for further regulatory requirements.)
ENV 5. Long Term Soil Stabilization and Dust Control. Those portions of the site that
are to be graded, cleared, and grubbed of natural vegetation for the
installation of the solar panel structures shall be provided with a long term soil
stabilization program acceptable to the City of Palm Springs to control wind
borne dust and particulates. This may be either an overlay of gravel at sizes
of 3/4" or larger or other equivalent means as approved by the Dust Control
Management Division of the City Public Works Department.
ENV 6. CVMSHCP Joint Project Review (JPR) The project proposes development
within the Garnet Wash Conservation Corridor and thus is subject to the Joint
Project Review process. The applicant shall conform to all requirements
imposed by the JPR process.
ENV 7. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the O
ground surface.
ENV 8. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground -disturbing activities. (check for duplication in
engineering conditions)
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability
of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two coples of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records�updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection. 0
Resolution No. 6183
Conditions of Approval
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field
PLANNING DEPARTMENT CONDITIONS
Page 5 of 17
March 9, 2011
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down -lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 3. Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as beige or tan.
PLN 4. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 5. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 8. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8,04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
Resolution No. 6183
Conditions of Approval Page 6 of 17
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field March 9, 2011
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 3. If the underground electrical line across 19th Avenue will not be owned and
maintained by Southern California Edison, the applicant shall apply for an
Encroachment License for installation of private underground utilities within the
public right-of-way of 19th Avenue. The application for the Encroachment
License shall be approved by the City Council prior to issuance of permits related
to the utility lines.
ENG 4. As a condition of any Encroachment License granted to the applicant for the
installation of private underground utilities in the public right-of-way, the applicant
will be required to become a member of Underground Service Alert (USA) and to
comply with applicable state law regarding the marking of underground utilities.
19TH AVENUE
ENG 5. Dedicate a half street public right-of-way width of 44 feet along the entire
frontage of the property (identified by Assessor's Parcel No. 666-330-001),
together with a property line - corner cut back at the southeast corner of the
intersection of 19th Avenue and Karen Avenue in accordance with City of Palm
Springs Standard Drawing No. 105.
ENG 6. Construct a minimum 20 feet wide 6 inch concrete driveway at the project entry,
unless otherwise approved by the City Engineer, from the property line to the
proposed edge of pavement. The access shall be gated and locked; and lock box
key provided to the Fire Department for emergency access.
ENG 7. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, for a minimum 24
feet wide travel way across the frontage of the property to the project entry as
required by the City Engineer. If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
Resolution No. 6183
Conditions of Approval Page 7 of 17
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field March 9, 2011
ENG 8. Construct a turn -around area meeting the requirements of the Fire Marshall and
City Engineer, at the project entry.
KAREN AVENUE
ENG 9. Dedicate a half street public right-of-way width of 30 feet along the entire
frontage of the property (identified by Assessor's Parcel No. 666-330-001),
together with a property line - corner cut back at the northeast corner of the
intersection of Karen Avenue and 20th Avenue in accordance with City of Palm
Springs Standard Drawing No. 105.
ENG 10. Construct a minimum 20 feet wide 6 inch concrete driveway at the project entry,
unless otherwise approved by the City Engineer, from the property line to the
proposed edge of pavement. The access shall be gated and locked; and lock
box key provided to the Fire Department for emergency access.
ENG 11. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, for a minimum 24
0 feet wide travel way across the frontage of the property to the project entry as
required by the City Engineer. If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
ENG 12. Construct a turn -around area meeting the requirements of the Fire Marshall and
City Engineer, at the project entry.
ENG 13. Paving on Karen Avenue from the Karen Avenue project entrance north to 19th
Avenue, or the construction of curb and gutter, sidewalk, curb ramps, spandrels
or cross gutters at any location on Karen Avenue, will not be required in
conjunction with this development.
ON -SITE
ENG 14. The on -site perimeter access roads shall be a minimum of 20 feet wide and be
accessible to fire apparatus weighing up to 73,000 pounds in accordance with
the fire code.
ENG 15. Construction, use, and maintenance of the all of the proposed on -site access
roads shall comply with the Chapter 8.50 (Fugitive Dust Control) of the Palm
Springs Municipal Code.
GRADING
Resolution No. 6183
Conditions of Approval
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field
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March 9, 2011 0
ENG 16. The applicant shall employ an environmental consultant whose responsibility
shall be to monitor the applicant's compliance with all required mitigation
measures associated with the project on behalf of the City Engineer. The
environmental consultant shall work independently of the applicant, and shall
report to the City Engineer to identify measures satisfied in accordance with the
Mitigated Negative Declaration adopted for the project. All applicable mitigation
measures shall be satisfied prior to issuance of a grading permit, or shall be
satisfied during the course of construction, (as the case may be), as determined
by the City Engineer upon recommendation by the environmental consultant.
ENG 17. Submit a Rough Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to
the Engineering Division for review and approval. The applicant and/or its
grading contractor shall be required to comply with Chapter 8.50 of the City of
Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that has completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related °PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at http://www.AQMD.gov_. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering Division prior
to approval of the Grading plan. The Grading Plan small be approved by the City
Engineer prior to issuance of grading permit.
a) The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a copy
of current Title Report; a copy of Soils Report; a copy of the associated
Hydraulics Study/Report; and a copy of the associated Final Project -Specific
Water Quality Management Plan.
ENG 18. in accordance with the mitigation measure AQ-1 included in the Mitigated
Negative Declaration adopted for the project: The project will be subject to
SCAQMD Rule 403. 1. The project will be expected to adhere to the requirements
in this Rule and in any other applicable dust control rules of the state or the City
in order to limit the fugitive dust emitted during the construction phase of the �J
project.
Resolution No. 6183
Conditions of Approval
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field
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March 9, 2011
ENG 19. In accordance with the mitigation measure AQ-2 included in the Mitigated
Negative Declaration adopted for the project: Grading will be limited to no more
than 5 acres per day to limit the amount of fugitive dust generated by the profect
during the grading phase.
ENG 20. In accordance with the mitigation measure AQ-3 included in the Mitigated
Negative Declaration adopted for the project: Exposed surfaces shall be watered
no less than three times per day to control fugitive dust.
ENG 21. in accordance with the mitigation measure AQ-4 included in the Mitigated
Negative Declaration adopted for the project: Surfaces beneath the installed
solar panels will be compacted and a soil stabilizer will be applied and then
monitored weekly to prevent dust until native vegetation starts to establish on the
site.
ENG 22. In accordance with the mitigation measure 131O-2 included in the Mitigated
Negative Declaration adopted for the project: Although burrowing owls were not
found within the project boundaries, a preconstruction survey, completed by a
qualified biologist, should occur prior to breaking ground on the site. If any
burrowing owls are found, passive relocation measures will be initiated in
accordance with California Burrowing Owl Consortium —Burrowing Owl Mitigation
Guidelines, and as outlined in the CVMSHCP. Passive relocation will involve the
use of one-way doors on burrows to prevent owls from returning to burrows in
impact areas, and all relocation activity will be conducted by a qualified biologist.
Owls will be relocated to unimpacted areas of the project site. If structures
(wildlife burrows, standpipes, or other utilized elements) that have been
recognized during pre -activity surveys as supporting either a nesting burrowing
owl pair or resident owl are removed to accommodate the proposed project,
these structures and burrows will be relocated or replaced on the project site.
Relocated and replacement burrows will be established within suitable foraging
habitat within the project site in accordance with accepted guidelines.
ENG 23. In accordance with the mitigation measure 6104 included in the Mitigated
Negative Declaration adopted for the project: A worker environmental awareness
program shall be prepared and presented that include the penalties associated
with violation of any of the resource protection laws governing the resources on
the project site. The worker education program should include a handout
detailing basic biology of the burrowing owl and other sensitive species that
occur on the site, existing threats to their survival, and actions to be taken on the
job site. The handout will also include a Signed Authorization page, whereby the
person being trained acknowledges having been trained and accepted the
conditions of work onsite.
ENG 24. In accordance with the mitigation measure CR-1 included in the Mitigated
Negative Declaration adopted for the project: In the event that cultural resources
are exposed during ground -disturbing activities, construction activities (e.g.,
Resolution No. 6183
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Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field March 9, 20111 0
grading, grubbing, or vegetation clearing) shall be halted in the immediate vicinity
of the discovery. An archaeologist who meets the Secretary of the Interior's
Professional Qualifications Standards (NPS 1983) should then be retained to
evaluate the find's significance under CEQA. If the discovery proves to be
significant, additional work, such as data recovery excavation, may be warranted
and should be discussed in consultation with the lead agency.
ENG 25. Prior to issuance of a Grading Permit, the applicant shall obtain written approval
to proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at
(760) 699-6800, to determine their requirements, if any, associated with grading
or other construction. The applicant is advised to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If required, it is
the responsibility of the applicant to coordinate scheduling of Tribal monitors
during grading or other construction, and to arrange payment of any required
fees associated with Tribal monitoring.
ENG 26. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed at the limits of grading and/or
disturbed areas. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after issuance
of Grading Permit, and immediately prior to commencement of grad ing
operations.
ENG 27. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 28. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on -
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, temporary
dust control perimeter fencing shall be removed, as required by the City
Engineer.
ENG 29. The applicant shall obtain all required environmental permits (i.e. Section 401
Water Quality Certification, Section 404 Permit, and Section 1602 Streambed
Alteration Agreement) required for temporary or permanent construction within
the Garnet Wash. The applicant shall provide copies of required permits prior to
approval of grading plans. Alternatively, the applicant shall provide a copy of a
determination from the U.S. Army Corps of Engineers that the project does not
impact waters of the U.S., and a letter from the California Department of Fish and
Game authorizing construction of the project without an agreement.
Resolution No. 6183
conditions of Approval
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ENG 30. The applicant shall submit a copy of the Spill Prevention Control and
Countermeasures Plan developed in accordance with the U.S. Code of Federal
Regulations, Title 40, Part 112, prior to issuance of grading permit.
ENG 31. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the California
Regional Water Quality Control Board (Phone No. (760) 346-7491). A copy of the
executed letter issuing a Waste Discharge Identification (WDID) number shall be
provided to the City Engineer prior to issuance of a grading or building permit.
ENG 32. Projects causing soil disturbance of one acre or more, must comply with the
General Permit for Stormwater Discharges Associated with Construction Activity
and shall prepare and implement a stormwater pollution prevention plan
(SWPPP). The project applicant shall cause the approved final project -specific
Water Quality Management Plan to be incorporated by reference or attached to
the project's SWPPP as the Post -Construction Management Plan. A copy of the
up-to-date SWPPP shall be kept at the project site and be available for review
upon request.
ENG 33. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosionlblowsand
relating to this property and development.
ENG 34. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the GeotechnicallSoils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
ENG 35. The applicant shall provide all necessary geotechnicallsoils inspections and
testing in accordance with the GeotechnicallSoils Report prepared for the project.
All backfill, compaction, and other earthwork shown on the approved grading
plan shall be certified by a California registered geotechnical or civil engineer,
certifying that all grading was performed in accordance with the
GeotechnicallSoils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. The City will not "final" the
project until the required certification is provided to the City Engineer.
ENG 36. The applicant shall provide pad elevation certifications for all structure pads in
conformance with the approved grading plan, to the Engineering Division prior to
construction of any structure foundation.
ENG 37. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
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Conditions of Approval
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applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 38. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre -treating stormwater runoff, will be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre -treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on -site; and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of the City
Engineer.
ENG 39. A Final Project -Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading or
building permit. The WQMP shall address the implementation of operational Best
Management Practices (BMP's) necessary to accommodate nuisance water and
storm water runoff from the site. Direct release of nuisance water to the adjacent
property (or public streets) is prohibited. Construction of operational BMP's shall
be incorporated into the Rough Grading Plan.
ENG 40. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County -Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project -Specific WQMP. Other
alternative instruments for requiring implementation of the approved Final
Project -Specific WQMP include: requiring the implementation of the Final
Project -Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&R's); formation of
Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project -Specific 13
WQMP; or equivalent. Alternative instruments must be approved by the City
Engineer prior to the issuance of any grading or building permits.
Resolution No. 6183
Conditions of Approval
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ENG 41. Prior to issuance of "final" approval by City, the applicant shall: (a) demonstrate
that all structural BMP's have been constructed and installed in conformance with
approved plans and specifications; (b) demonstrate that applicant is prepared to
implement all non-structural BMP's included in the approved Final Project -
Specific WQMP, conditions of approval, or grading/building permit conditions;
and (c) demonstrate that an adequate number of copies of the approved Final
Project -Specific WQMP are available for the future owners (where applicable).
ENG 42. For industrial facilities subject to the General Permit for Stormwater Discharges
Associated with Industrial Activity as defined by Standard Industrial Classification
the (SIC) code, prior to issuance of "final" approval by the City, the applicant shall
demonstrate that General Permit coverage has been obtained by providing a
copy of the Notice of Intent submitted to the SWRCB and a copy of the
notification of the issuance of a Waste Discharge Identification (WDID) Number
or other proof of filing.
DRAINAGE
ENG 43. In accordance with the mitigation measure HWQ-2 included in the Mitigated
Negative Declaration adopted for the project: A hydraulics investigation and
report will be submitted to the City of Palm Springs for approval prior to issuance
of the grading permit. The Hydraulic Study shall include a HEC-RAS Analysis, a
scour analysis determining maximum depth of scour along the Garnet Wash
within the project site limits, establish the base flood elevations and the limits of
the 100-year floodway and floodplain along the Garnet Wash, as well as study
the possibility (or not) of a back-ponding effect onto the project site from the
existing culverts that take the Garnet Wash drainage under Interstate 10. Any
additional measures included in that report shall be implemented by the project
proponent. The analysis should begin at least 1,000 feet downstream of
Interstate 10 and continue through the project site and beyond approximately 400
feet upstream of Karen Avenue.
ENG 44. The project shall comply with provisions of Chapter 8.68 "Flood Damage
Prevention" of the Palm Springs Municipal Code, Section 8.68.170 "Standards of
Construction", section (a) "Anchoring". In accordance with the Code, all
structures shall be constructed with foundations adequately anchored to
withstand the maximum total scour potential during the 100-year storm.
ENG 45. The project shall comply with provisions of Chapter 8.68 "Flood Damage
Prevention" of the Palm Springs Municipal Code, Section 8.68.170 "Standards of
Construction", section (c)(2) "Non Residential Construction". In accordance with
the Code, all mechanical and electrical equipment shall 'be elevated a minimum
f of 2 feet above the base flood elevation. Natural grade shall be determined as
the average grade of native soils surrounding each foundation, not including
gravel fill placed around the foundation.
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Conditions of Approval Page 14 of 17
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field March 9, 2011 0
ENG 46. There shall be no structures or obstructions installed on the project site at the
Garnet Wash that could impede the flow of the Garnet Wash (such as chain link
fencing that could entrap debris in the fencing fabric).
ENG 47. In accordance with the Coachella Valley Multiple Species Habitat Conservation
Plan Fluvial Sand Transport Only Area, development within those portions of the
Garnet Wash Fluvial Sand Transport Conservation Corridor shall not impede
water -borne sand transport across the parcel in its natural direction of flow. In
addition, water -borne sediments and floodwaters within the Garnet Wash
Conservation Corridor shall not be artificially retained on -site.
ENG 48. In accordance with the mitigation measures BIO-1 and HWQ-1 included in the
Mitigated Negative Declaration adopted for the project: To prevent contaminated
wastewater from entering downstream habitats, designated areas shall be set
aside for equipment washing and small batch mixing of concrete or other
chemicals. The set aside areas shall be lined with an impermeable liner, and all
washings or residue shall be collected and properly disposed of following
construction.
GENERAL
ENG 49. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115.
ENG 50. All proposed utility lines shall be installed underground.
ENG 51. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG 52. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
ENG 53. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as -built" information and returned to the Engineering Division prior to
issuance of a "final" approval by City. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
141
Resolution No. 6183
Conditions of Approval Page 15 of 17
Case 5.1253 CUP Solar Power Inc 4.96 MW Solar Field March 9, 2011
ENG 54, Nothing shall be constructed or planted in the corner cut-off area of any
(intersection or) driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 55. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
TRAFFIC
ENG 66. Submit traffic striping and signage plans for 19th Avenue and Karen Avenue,
prepared by a California registered civil engineer, for review and approval by the
City Engineer. Parking shall be prohibited within the surfaces of 19th Avenue and
Karen Avenue, required to be paved in conjunction with this development. The
proposed west end of pavement and north end of pavement on 19th Avenue and
Karen Avenue, respectively, shall have road barricades and road ends signs as
required by the City Engineer. All required traffic striping and signage
improvements shall be completed in conjunction with required street
improvements, to the satisfaction of the City Engineer, and prior to issuance of a
"final" approval by the City.
ENG 57. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 "Temporary Traffic Control' of the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated September 26,
2006, or subsequent editions in force at the time of construction.
ENG 58. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated and
received on 10/21/2010. Additional requirements may be required at that time
based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2007 California Fire Code.
Four complete sets of plans for fire alarm and fire protection systems must be
submitted at time of the building plan submittal.
FID 3. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
Resolution No. 6183
Conditions of Approval
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maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all weather driving surface and support a minimum weight of 73,000
lbs.
FID 4. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet (45 720 mm) of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
FID 5. Fire Department Access: Minimum width of 20' Fire Department Access
Roads shall be provided and maintained in accordance with (Sections 503
CFC) along the perimeter and interior roadways.
FID 6. Fire Department Access: Access to the proposed site shall be designed and
maintained to support the imposed loads of fire apparatus and shall be
surfaced so as to provide all-weather driving capabilities. 19th Avenue and
Karen Avenue have been identified as the main access roads and are to meet
the conditions set forth in CFC 503.2.3.
FID 7. Secondary Fire Department Access: Secondary access points are required
due to the Garnet Wash that runs through this project. Access is required on
both sides of the Garnet Wash. All access locations with gates shall meet the
Security Gate requirements stated in CFC 503.6.
FID 8. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 9. Premises Identification (CFC 50
approved address numbers, h
identification placed in a position
street or road fronting the properl
background. Address numbers sh
Numbers shall be a minimum of 4"
5.1): New and existing buildings shall have
uilding numbers or approved building
that is plainly legible and visible from the
y. These numbers shall contrast with their
all be Arabic numerals or alphabet letters.
high with a minimum stroke width of 0.5".
FID 10. Turning radius (CFC 503.2.4): The required turning radius of a fire
apparatus access road shall be determined by the fire code official. Fire
access road turns and corners shall be designed with a minimum inner radius
of 25 feet and an outer radius of 43 feet. Radius must be concentric.
FID 11. Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
Resolution No. 6183
Conditions of Approval
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gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained at all times. Approved security gates shall be a minimum of 14
feet in unobstructed drive width on each side with gate in open position.
Secured automated vehicle gates or entries shall utilize approved Knox
access switches as required by the fire code official. Secured non -automated
vehicle gates or entries shall utilize an approved padlock or chain (maximum
link or lock shackle size of Y4 inch) when required by the fire code official.
FID 12. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
FID 13. Location of Knox boxes: A Knox box shall be installed at every locked
gate. Boxes shall be mounted at 5 feet above grade. Show location of boxes
on plan elevation views. Show requirement in plan notes.
END OF CONDITIONS
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