HomeMy WebLinkAboutPC Resolution _6298- Case 5.1277 CUPRESOLUTION NO. 6298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE
5.1277 CUP, A REQUEST FOR THE DEDICATION OF 7.75
ACRES OF "TAKE" FROM THE WHITEWATER RIVER
CONSERVATION AREA PURSUANT TO THE GUIDELINES OF
THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN, FOR DEVELOPMENT OF A 3
MEGAWATT SOLAR ENERGY PRODUCTION FACILITY ON
ROUGHLY 12 ACRES OF A 108-ACRE PARCEL, LOCATED
NORTH OF HIGHWAY 111, SOUTH OF INTERSTATE 10 AT
58641 TIPTON ROAD (APN: 522-080-065), ZONE 0-5 (OPEN
SPACE) AND W (WATERCOURSE)
WHEREAS, Whitewater Solar Farm 1, LLC, "applicant", has filed an application with the
City pursuant to Sections 94.02.00 (Conditional Use Permit) of the Zoning Code
requesting approval for development of roughly 12 acres of a 108-acre parcel for a 3
megawatt Solar Energy Production Facility at 58641 Tipton Road; and
WHEREAS, a notice of public hearing for Case 5.1277 CUP was given in accordance
with applicable law; and
WHEREAS, on October 24, 2012, a public meeting on Case 5.1277 CUP was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, at said meeting the Planning Commission opened the public hearing and
continued the hearing to a date certain of November 14, 2012, and
WHEREAS, This CUP application is considered a project under the definitions of the
California Environmental Quality Act (CEQA). The City has evaluated the project under
CEQA Guidelines and determined that the project has the potential to cause significant
impacts. A Mitigated Negative Declaration (MND) has been prepared and circulated for
a twenty day public review and comment period. The Planning Commissioners also
received complete copies of the environmental document at that time. No comments
were received that would necessitate recirculation of the environmental analysis. The
City believes the analysis is a complete description of the project, its potential adverse
impacts and the owner/applicant has agreed in writing to the recommended Mitigation
Measures that will reduce any potentially significant impacts to less than significant
levels; and
WHEREAS, the Planning Commission 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 and voted
unanimously to approve the CUP subject to the conditions of approval, and to
recommend that the City Council review and approve the Take request with an
equivalent amount of undisturbed land in the conservation area dedicated to CVCC for
permanent conservation by the landowner as a condition of approval, and
Planning Commission Resolution No. 6298 Nov. 14, 2012
Case 5.1277 CUP — A Request for "Take" under the terms of the
Multiple Species Habitat Conservation Plan at 58641 Tipton Road
WHEREAS, the Planning Commission also recommended that the City Council create
a policy that would establish standard guidelines requiring applicants to dedicate an
amount of undisturbed land for permanent conservation in the conservation area
equivalent to the amount of Take being requested, and
WHEREAS, on December 5, 2012, a properly noticed public meeting on Case 5.1277
CUP was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council 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 CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the action is considered a project under the definitions of the California Environmental
Quality Act (CEQA). The City has evaluated the project under CEQA Guidelines and
determined that the project has the potential to cause significant impacts. A Mitigated
Negative Declaration (MND) has been prepared and circulated for a twenty day public
review and comment period. The City Council members received complete copies of
the environmental document at that time. No comments were received that would
necessitate recirculation of the environmental analysis. The City Council believes the
analysis is a complete description of the project, its potential adverse impacts and the
owner/applicant has agreed in writing to the recommended Mitigation Measures that will
reduce any potentially significant impacts to less than significant levels.
Section 2: Pursuant to the guidelines of the Coachella Valley Multiple Species
Habitat Conservation Plan (MSHCP) approximately 7.75 acres of the proposed project
are located in the Whitewater River Conservation Area. As such the project applicant is
requesting 7.75 acres of "Take" be allocated for the project. The Take is comprised as
shown in Table 1 on the following page.
111
Planning Commission Resolution No. 6298 Nov. 14, 2012
Case 5.1277 CUP — A Request for "Take" under the terms of the
Multiple Species Habitat Conservation Plan at 58641 Tipton Road
TABLE 1. Whitewater River Conservation Area- Summa of Pro used Take
Current Acres of
Authorized
Disturbance
Total Acres
Proposed
Total
(This is roughly
of Proposed
Disturbance
Acres of
10% of the total
Disturbance
as a
New
Conservation
habitat that
(Take)
Percentage
Conserva
Remarks 1 Explanation
Objective
exists. This is
requested
of Current
tion
the acreage
by the
Authorized
proposed
available for the
proposed
Disturbance
by this
City to "Take"
project
(Take)
project.
and give to
development)
Coachella
Valley Round-
The project proposes to use only
tailed Ground
328 acres
1 acre
0.3%
0
1 acre of Take from this species'
Squirrel — Core
habitat
Habitat
There would be 97.8% of the
Palm Springs
authorized Take for this species'
Pocket Mouse
347 acres
7.75 acres
2.2%
0
habitat remaining for the City to
— Core Habitat
potentially allocate to other future
development over the 75 year life
of the MSHCP
Le Conte's
There would be 98% of the
authorized Take for this species
Thrasher —
habitat remaining for the City to
Other
381 acres
7.75 acres
2.0%
0
potentially allocate to other future
Conserved
development over the 75 year life
Habitat
of the MSHCP
There would be 98% of the
authorized Take of the sand
Sand Transport
387 acres
7.75 acres
2.0%
0
transport corridor remaining for
the City to potentially allocate to
other future development over the
75 year life of the MSHCP
There would be 91.4% of the
authorized Take of the
Whitewater
Whitewater River Corridor
River Corridor
90 acres
7.75 acres
8.6%
0
remaining for the City to
potentially allocate to future
development over the75 year life
of the MSHCP.
Planning Commission Resolution No- 6298 Nov. 14, 2012
Case 5.1277 CUP — A Request for "Take" under the terms of the
Multiple Species Habitat Conservation Plan at 58641 Tipton Road
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves the request for 7.75 acres of Take from the Whitewater River
Conservation Area under the guidelines of the Coachella Valley Multiple Species
Habitat Conservation Plan for Case 5.1277 CUP and that 7.75 acres of undisturbed
contiguous acreage on the subject parcel, within the Whitewater River Conservation
Area be dedicated to the Coachella Valley Conservation Commission to be set aside as
permanent conservation area to contribute to the MSHCP's requirement for compliance
with Rough Step.
ADOPTED this 14th day of November 2012.
AYES: 7, Klatchko, Calerdine, Hudson, Donenfeld, Weremiuk, Munger and Roberts
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
��i Aing, Pci¢P
Dire r of Pla nin Services
CITY OF PALM SPRINGS, CALIFORNIA
4
RESOLUTION NO. 6298
EXHIBIT A
Case 5.1277 CUP
Whitewater Solar Farm 1, LLC. for a 3 MW Solar Energy Conversion System
At 58641 Tipton Road (APN 511-080-065
November 14, 2012
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
5.1277 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 March 13, 2012, 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 Regulations. 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 5.1277 CUP The City of Palm Springs will promptly
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
Page 2 of 15
Nov. 14, 2012
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 Re air. 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 $4,000 per net acre. (For purposes of calculating the fee, net
acreage is defined as the land area inclusive of all photo voltaic panels,
inverters, transformers and other equipment enclosures, and service roads).
Should the public aft 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 maintain the art work and protect the public rights of access and
viewing.
Planning Commission Resolution 6298
Conditions of Approval Page 3 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Nov. 14, 2012
ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in -lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community -wide system
and shown on the City's master plan).
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 Valley 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. CVMSHCP Whitewater River Conservation Area. The project requires 7.75
acres of "Take" to be authorized by the City Council of the City of Palm
Springs from the Whitewater River Conservation Area, including Take for
three (3) covered species, the process of sand transport and from the
Whitewater River corridor itself. The project shall conform to all requirements
of Section 4.4 "Avoidance, Minimization, and Mitigation Measures" and
Section 4.5 "Land Use Adjacency Guidelines" of the MSHCP as outlined in
the Final Report of the Joint Project Review dated August 16, 2012.
ENV 3. 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.
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
Page 4 of 15
Nov. 14, 2012
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 4. 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 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. 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
ground surface.
ENV 7. 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 copies 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 a
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
Page 5 of 15
Nov. 14, 2012
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
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. Sian 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 off-white, 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. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. 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.
PLN 8. Dedication of Land for permanent conservation. If the Take request is
approved by the City Council, the Planning Commission recommends that an
equivalent amount of undisturbed land be dedicated to the Coachella Valley
Conservation Commission for permanent conservation equal to the amount of
Take that is authorized for the project in order to allow the City to stay in
"Rough Step" as defined in the CVMSHCP.
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
POLICE DEPARTMENT CONDITIONS
Page 6 of 15
Nov. 14, 2012
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
GENERAL
ENG 1. The applicant shall provide proof of legal access to the project site from a
public roadway.
STREETS
ENG 2. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ON -SITE CONSTRUCTION PHASE
ENG 3. 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 4. 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.
ENG 5. Construct turn -around areas meeting the requirements of the Fire Marshall
and City Engineer, at each of the project entries.
ENG 6. Construct a minimum 20 feet wide, 6 inch concrete driveway at the project
entry off Whitewater Canyon Road (which is a 50 feet wide access and
drainage easement) at the west property line on the project site, unless
otherwise approved by the City Engineer. The access shall be gated and
locked; and lock box key provided to the Fire Department for emergency
access.
GRADING
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
Page 7 of 15
Nov. 14, 2012
ENG 7. 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 8. Submit a Rough Grading Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval.
a) 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 Precise Grading and Paving plan.
b) 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 9. In accordance with the mitigation measure AQ-1 included in the Mitigated
Negative Declaration adopted for the project: Applicant shall do periodic
watering via water trucks to minimize any visible dust emissions and fake
actions to prevent the tracking of bulk material onto public roads. Any project-
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
Page 8 of 15
Nov. 14, 2012
related spills or tracking of bulk material onto public surfaces should be
cleaned within 24 hours.
ENG 10. 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 11. This project is located within a desert tortoise habitat area. In accordance with
the United States Fish & Wildlife Service (USFWS) Permit and the Coachella
Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Permit
Condition No. 45, the applicant shall conduct a desert tortoise clearance
survey to allow for the potential salvage of adult tortoises, in accordance with
the USFWS protocol, prior to issuance of Grading Permit. For more
information, contact the Coachella Valley Association of Governments at
(760) 346-1127 or go the website:
.hftp://www.cvmshcp.org/Final%20USFWS%2OPermit.htm. A copy of the
results of the desert tortoise clearance survey shall be provided to the City
prior to issuance of grading permit.
ENG 12. 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
grading operations.
ENG 13. 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 14. 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.
Pon
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
Page 9 of 15
Nov. 14, 2012
ENG 15. 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 Whitewater 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.
ENG 16. A Notice of Intent (NOI) to comply with the Califomia 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 online SMARTS system. 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 17. 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). As of September 4, 2012, all SWPPPs shall include a post -
construction management plan (including Best Management Practices) in
accordance with the current Construction General Permit. 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 18. 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 at the time of issuance .of grading permit for
mitigation measures for erosionlblowsand relating to this property and
development.
ENG 19. A GeotechnicallSoils 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 20. 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
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP W hitewater Solar Farm 1, LLC
Page 10 of 15
Nov. 14, 2012
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils 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 21. 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 22. In cooperation with the Riverside County Agricuitural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
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 23. 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 contaminated
stormwater runoff and non-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 contaminated stormwater runoff and non-
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 24. 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 Precise 4
Grading and Paving Plan.
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
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Nov. 14, 2012
ENG 25. 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 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 WQMP; or equivalent.
Alternative instruments must be approved by the City Engineer prior to the
issuance of any grading or building permits.
ENG 26. 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).
DRAINAGE
ENG 27. In accordance with the mitigation measure HWQ-1 included in the Mitigated
Negative Declaration adopted for the project: The footprint of the solar arrays
will be small and will not significantly change the drainage patterns as the site
will remain almost completely pervious. A Preliminary On -site Drainage
Study, as well as a Preliminary Flood Hazard Assessment Report must be
completed and approved by the City prior to project entitlement, a HEC-RAS
analysis, a scour analysis along the Whitewater River within the project site
limits, and establishment of the Base Flood Elevation and the limits of the
900-year floodway and floodplain along the Whitewater River, shall be
included and established in the Flood Hazard Assessment Report. For most
of the site, the drainage pattern for a 900 year storm is sheet flow, which is
expected to be impacted little by the development. There are no water
resources on the site and no blueline streams or other drainage channels are
present within the area where the solar facilities will be located. The
Whitewater River is located about 500 feet east of the site; however, the
project is not expected to impact the water quality of this river.
ENG 28. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City Engineer.
For all stormwater runoff falling on the site, two berms on the east edge of the
project area may be constructed for additional protection, although not
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
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Nov. 14, 2012
specifically required by the Flood Hazard Assessment Report completed by
Barr Engineering. Any other facilities approved by the City Engineer, shall be
required to contain the increased stormwater runoff generated by the
development of the property, as described in the Preliminary Hydrology and
Hydraulic Study for that parcel identified by Assessor's Parcel No. 522-080-
065, prepared by Lamda Engineering and Development, as revised in
September, 2012. Final sizing of all on -site storm drainage improvements
shall be determined in the final hydrology study and approved by the City
Engineer. Provisions for on -site retention of increased stormwater runoff shall
be required.
ENG 29. 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 30. 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 of 2 feet above the base flood elevation (BFE); because
there is no BFE shown at this location, the BFE shall be determined as shown
under Municipal Code Section 83.68.140(c). Natural grade shall be
determined as the average grade of native soils surrounding each foundation,
not including gravel fill placed around the foundation.
ENG 31. There shall be no structures or obstructions installed on the project site at the
Whitewater Wash that could impede the flow of the Whitewater Wash.
ENG 32. Construct all necessary on -site storm drain improvements, including but not
limited to two berms on the east edges of the project area or other facilities,
as described in a Final Hydrology and Hydraulic Study for that parcel
identified by Assessor's Parcel No. 522-080-065, prepared by Lamda
Engineering and Development, reviewed and approved by the City Engineer.
ENG 33. All on -site storm drain systems shall be privately maintained.
GENERAL
ENG 34. All proposed utility lines shall be installed underground.
ENG 35. All existing utilities shall be shown on the improvement plans required for the O
project. The existing and proposed service laterals shall be shown from the
main line to the property line.
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
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Nov. 14, 2012
ENG 36. 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 37. The original improvement plans prepared for the proposed development and
approved by the City Engineer 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.
ENG 38. 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 39. 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.
a. The project site is located within the Whitewater Floodplain Conservation
Area and Required Measure 3 and Required Measure 4 are applicable to
this site.
b. The project site is located adjacent to the Highway 11111nterstate 10
Conservation Area and Required Measure 1 is applicable to this site.
c. The project site is located in a Notification Area for Desert Tortoise and
Permit Condition No. 45 is applicable to this site.
TRAFFIC
ENG 40. 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 January 13, 2012, or subsequent editions in force at the
time of construction.
FIRE DEPARTMENT CONDITIONS
Planning Commission Resolution 6298
Conditions of Approval
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Nov. 14, 2012
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 03/26/12. Additional requirements may be required at that time
based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2010 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
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 24' Fire Department Access
Roads shall be provided and maintained in accordance with (Sections 503
CFC) along the perimeter and interior roadways.
FID 6. 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 7. Premises Identification CFC 505.1 : New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 8. 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 9. 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
Planning Commission Resolution 6298
Conditions of Approval
Case 5.1277 CUP Whitewater Solar Farm 1, LLC
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Nov. 14, 2012
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 inch) when required by the fire code official.
FID 10. 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 11. 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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