HomeMy WebLinkAboutPC Resolution _6322- Case 5.1252 CUPRESOLUTION NO. 6322
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION AND APPROVE
CONDITIONAL USE PERMIT, CASE NO. 5.1252 CUP, FOR
THE CONSTRUCTION AND OPERATION OF A 5.0-
MEGAWATT SOLAR ENERGY CONVERSION SYSTEM
CONSISTING OF 17,000 PHOTOVOLTAIC PANELS ON
APPROXIMATELY 39.7 ACRES OF A 134.3-ACRE SITE
LOCATED AT 5400 NORTH INDIAN CANYON DRIVE.
WHEREAS, Garnet Solar Power Generation Station 1, LLC ("Applicant") has filed an
application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code
(PSZC) for the construction and operation of a 5.0 Megawatt solar energy production
facility on approximately 39.7 acres of a roughly 134.3-acre property located at 5400
North Indian Canyon Drive, W and W-M-1-P Zones, Section 23; and
WHEREAS, the applicant has requested an amendment to the General Plan Land Use
Element to allow renewable energy uses within the "D" (Desert) designation; and
WHEREAS, on November 11, 2012, the Architectural Advisory Committee (AAC) voted
7-0 to recommend approval of the project; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Conditional Use Permit, Case No. 5.1252 CUP,
and General Plan Amendment, Case 5.1252 GPA, was given in accordance with
applicable law; and
WHEREAS, on March 13, 2013, a public hearing on the applications was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, a Mitigated Negative Declaration has been prepared for the project
pursuant to the California Environmental Quality Act (CEQA) Guidelines and that the
Planning Commission hereby recommends to the City Council adoption of said
Mitigated Negative Declaration as an adequate and complete assessment of the
potential environmental impacts of the project; 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.
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Planning Commission Resolution No. 6322 March 13, 2013
Case 5.1252 CUP Page 2 of 3
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: 0
Section 1: A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.
The Planning Commission found that, with the incorporation of mitigation measures, the
General Plan Amendment will have a less than significant impact on the environment.
The Planning Commission independently reviewed and considered the information
contained in the MND prior to its review of this Project and the MND reflects the
Planning Commission's independent judgment and analysis.
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning
Commission finds that:
a. The use applied for at the location set forth in the application is properly one for
which a conditional use permit is authorized by the City Zoning Ordinance.
The applicant proposes solar collector uses (solar energy conversion systems
(SECS)) on an approximately 134.3-acre site in the W and W-M-1-P zones.
Pursuant to Sections 92.20.01(B)(1)(b)(i) and 92.20.01(B)(2)(a)(i) of the Zoning
Code, solar collector uses are permitted in the W and W-M-1 -P zones, respectively,
subject to a conditional use permit.
b. The use applied for is necessary or desirable for the development of the fl
community, is in hannony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be located.
The proposed use will augment the production of electrical energy through a
renewable source. With the approval of the associated General Plan Amendment,
the facility will be in harmony and implement various elements and objectives of the
General Plan, including policies RC8.2, RC8.10, RC8.13 and CD29.6. The SECS is
consistent with other uses specifically permitted in the W and W-M-1-P zones and
others have been approved in the general vicinity of North Palm Springs. Therefore,
the proposed use is not likely to be detrimental to existing or future uses permitted in
the zones and surrounding areas.
c. The site for the intended use is adequate in size and shape to accommodate said
use, including yards, setbacks, walls or fences, landscaping and other features
required in order to adjust said use to those existing or permitted future uses of
the land in the neighborhood.
The proposed site is approximately 134 acres in size and the project proposes
approximately 39.7 acres of solar collectors. Service roads and auxiliary buildings
are proposed in support of the solar collector installation. The project is proposed
with perimeter fencing and security lighting that will conform to the City's outdoor
lighting ordinance. The solar panels will be located behind a berm and setback from
Planning Commission Resolution No. 6322
Case 5.1252 CUP
March 13, 2013
Page 3 of 3
the street approximately ninety feet or more. Therefore, the site for the intended use
is considered adequate in size and shape to accommodate the project, including
those existing and permitted future uses of land in the area.
d. The site for the proposed use related to streets and highways is 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 drive off Indian Canyon Drive. The use does not produce
traffic impacts that would reduce the Level of Service (LOS) for the network of public
roads in the vicinity. Therefore, it is anticipated that the type and quantity of traffic
generated by the proposed facility will be adequately served by the existing
roadways.
e. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any
minor modifications of the zone's property development standards.
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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council adopt the Mitigated Negative
Declaration and approve Conditional Use Permit, Case No. 5.1252, for the construction
and operation of a 5.0-Megawatt SECS on approximately 39.7 acres of a 134.3-acre
property located at 5400 North Indian Canyon Drive, subject to those conditions set
forth in Exhibit A, which are to be satisfied unless otherwise specified.
ADOPTED this 131h day of March 2013.
AYES: 4, Roberts, Vice Chair Hudson, Weremuik, Chair Donenfeld
NOES: None
ABSENT: 3, Calerdine, Klatchko, Munger
ABSTAIN: None
ATTEST:
E ward O. Robertson
Principal Planner
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6322
EXHIBIT A
Case 5.1252 CUP
Garnet Solar Power Generation Station 1, LLC
5400 North Indian Canyon Drive
March 13, 2013
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. Project Description. This approval is for the project described per Case
5.1252 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 September 27, 2012,
including site plans, architectural elevations, exterior materials and colors 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 5.1252 CUP. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
30-1
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
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March 13, 2013
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. The time limit for commencement of construction
under a conditional use permit shall be two (2) years from the effective date of
approval.
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.
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 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 maintain the art work and protect the public rights of access and
viewing.
ADM 10. Conditional_ Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
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Conditions of Approval Page 3 of 15
Case 5.1252 CUP March 13, 2013
ENVIRONMENTAL ASSESSMENT CONDITIONS 0
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. In accordance with the
mitigation measure 131 included in the Mitigated Negative Declaration adopted
for the project: Prior to issuance of building permits, pursuant to the City of
Palm Springs local implementation procedures of the Coachella Valley
Multiple Species Habitat Conservation Plan, the project proponent shall pay
mitigation fees to the Building and Safety Department to offset potential
impacts to special status species and habitat.
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. Miti ation 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 mitigated negative declaration
or EIR will be included in the plans prior to Planning Commission
consideration of the environmental assessment.
ENV 4. 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 314" or larger or other equivalent means as approved by the Dust Control
Management Division of the City Public Works Department.
ENV 5. 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 6. 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.
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Conditions of Approval
Case 5.1252 CUP
Page 4 of 15
March 13, 2013
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
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Site Entry Landscaping. Prior to issuance of building permits, the applicant
shall submit a landscape plan to the Planning Department for review and
approval. The landscaping and irrigation shall be installed prior to final
inspection.
PLN 2. 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 3. Sign Applications Reguired. 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 4. 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 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
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Conditions of Approval
Case 5.1252 CUP
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March 13, 2013
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.
PLN 9. Time Limit on Solar Use. This CUP for a solar facility is limited to a twenty-
two (22) year term of operation from the date of issuance of building permit.
Prior to the expiration of the term, the applicant may request that the Planning
Commission extend the term by up to five (5) years. The solar facility shall be
decommissioned and removed from the site at the end of the approved term.
PLN 10. Mining Operation. The mining facility may remain in operation during the term
of this CUP, pursuant to Reclamation Plan 129. Once the solar operation is
decommissioned and removed from the site, the mining operations may
continue on the entire site as allowed under Reclamation Plan 129 as
approved in 1990, prior to annexation by the City. Should the mining
operation deviate from Reclamation Plan 129, the City reserves the right to
require a conditional use permit at that time.
PLN 11. Wildlife Passage. The required fences on -site shall be installed in such a way
that will allow unimpeded movement of wildlife through the site.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section 11 of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Construction Permits. 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.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
Ee
EO
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
N. INDIAN CANYON DRIVE
Page 6 of 15
March 13, 2013
ENG 2. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON -SITE CONSTRUCTION PHASE
ENG 3. The applicant shall obtain a Union Pacific Railroad (UPRR) right-of-way entry
permit or Railroad Agreement for all work done within the UPRR right-of-way.
A copy of an approved UPRR right-of-way entry permit or Railroad
Agreement shall be provided to the City Engineer prior to the issuance of any
permits related to the new waterline and 30 feet wide roadway installation, if
the applicant is encroaching into the railroad right-of-way.
ENG 4. Applicant shall be prudent during installation of the new waterline and 30 feet
wide roadway, while working in the 60 foot wide Southern California Edison
utility easement, as well as the 16.5 foot wide Pacific Telephone & Telegraph
Company easement.
ENG 5. 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 6. Construct turn -around areas meeting the requirements of the Fire Marshall
and City Engineer, at each of the project entries.
ENG 7. In accordance with Chapter 4.6 (Geology and Soils) of the Initial Study and
Mitigated Negative Declaration for the Garnet Solar Power Plant, the earthen
berm remaining at the site after construction of the project, will be engineered
pursuant to the California Building Code requirements at a 2:1 slope to
minimize potential for land sliding.
ON -SITE OPERATIONAL- PHASE
ENG 8. 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
ENG 9. 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
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Conditions of Approval
Case 5.1252 CUP
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Marvh 13, 2013
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 10. 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 11. In accordance with the mitigation measure Al included in the Mitigated
Negative Declaration adopted for the construction period of the project:
Pursuant to the South Coast Air Quality Management District Rule 403
(Fugitive Dust) and Rule 403.1 (Supplemental Fugitive Dust Control
Requirements for Coachella Valley Sources), the project proponent shall
prepare a fugitive dust plan identifying applicable dust suppression measures,
including site watering a minimum 3 times a day.
ENG 12. In accordance with the mitigation measure B2 included in the Mitigated
Negative Declaration adopted for the project: Prior to initiation of site clearing
activities between February 1st and June 151h , a pre -construction survey will
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
Page 8 of 15
March 13, 2013
be performed within 14 days to identify the presence and location of any
nesting bird species. Pre -construction surveys shall be performed within 30-
days of site clearing activities initiating between June 16th and August 31st
Active nests will be protected through use of temporary buffers at an
appropriate range to be determined based on the species. Surveys shall be
performed by a qualified biologist and the results reported to the City's
Planning Services Department and Engineering Department prior to issuance
of occupancy permits.
ENG 13. In accordance with the mitigation measure C1 included in the Mitigated
Negative Declaration adopted for the project: if potential archaeological
materials are uncovered during grading or other earth moving activities, the
contractor shall be required to halt work in the immediate area of the find and
to retain a professional archaeologist to examine the materials to determine
whether it is a "unique archaeological resource" as defined in Section
21083.2(g) of the State CEQA Statutes. If this determination is positive, the
resource shall be left in place, if determined feasible by the project
archeologist. Otherwise, the scientifically consequential information shall be
fully recovered by the archeologist. Work may continue outside of the area of
the find, however, no further work shall occur in the immediate location of the
find until all information recovery has been completed and a report concerning
the resource(s) is filed with the Planning Services Department and
Engineering Department.
ENG 14. 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 15. 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 16. 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.
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Conditions of Approval Page 9 of 15
Case 5.1252 CUP March 13, 2013
ENG 17. 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 8.60.022. Following stabilization of all disturbed
areas, temporary dust control perimeter fencing shall be removed, as required
by the City Engineer.
ENG 18. 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 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 19. 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. This requirement shall apply to the project site only and not to the
adjacent mining operations.
ENG 20. 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 of the project site at the time of issuance of
grading permit for mitigation measures for erosionlblowsand relating to this
property and development.
ENG 21. 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 22. 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
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Case 5.1252 CUP
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March 13, 2013
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 23. 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 24. In cooperation with the Riverside County Agricultural 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 25. This project shall 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 and non-stormwater runoff, shall 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 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, including provisions in
Covenants, Conditions, and Restrictions (CC&R's) required for the
development (if any).
ENG 26. 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.
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
Page 11 of 15
March 13, 2013
ENG 27. 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 28. 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 29. The footprint of the solar arrays shall be small and shall not significantly
change the drainage patterns as the site will remain almost completely
pervious. A Preliminary Hydrology Study, as well as a Flood Hazard
Assessment Report must be completed and approved by the City prior to
project entitlement; a HEC-RAS analysis, establishment of the Base Flood
Elevation, and delineation of the limits of the 100-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 100-year storm is sheet flow, which is expected to be minimally
impacted by the development. There are no water resources, blueline
streams, or other drainage channels existing on the project site. The
Whitewater River is located about 0.75 miles south of the site; however, the
project is not expected to impact the water quality of this river.
ENG 30. 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, concrete channel(s), rip rap, rip
rap channel(s), and rip rap berm/levee, may be constructed on the eastern
portion of the project area, for additional protection. 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 Study for the Garnet Power
Generation Station 1 (on that parcel identified by Assessor's Parcel No. 669-
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
Page 12 of 15
March 13, 2013
100-001), prepared by KCT Consultants, Inc., as revised on January 14,
2013. 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 31. 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 32. 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 33. Construct all necessary on -site storm drain improvements, including but not
limited to concrete channel(s), rip rap, rip rap channel(s), and rip rap
berm/levee (or other facilities) to protect the east side of the project area from
inundation of floodwater in the event of the 100-year storm or greater, as
described in a Final Hydrology Study and Flood Hazard Assessment Report
for the Garnet Solar Power Generation Station 1 (on that parcel identified by
Assessor's Parcel No. 669-100-001), prepared by KCT Consultants, Inc., and
reviewed and approved by the City Engineer.
ENG 34. All on -site storm drain improvements shall be privately maintained.
GENERAL
ENG 35. 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. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site
streets as required by and at the discretion of the City Engineer, including
additional pavement repairs to pavement repairs made by utility companies
for utilities installed for the benefit of the proposed development (i.e. Desert
Water Agency, Southern California Edison, Southern California Gas
Company, Time Warner, Vehzon, Mission Springs Water District, etc.).
Multiple excavations, trenches, and other street cuts within existing asphalt
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
Page 13 of 15
March 13, 2013
concrete pavement of off -site streets required by the proposed development
may require complete grinding and asphalt concrete overlay of the affected
off -site streets, at the discretion of the City Engineer. The pavement condition
of the existing off -site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
ENG 36. All proposed utility lines shall be installed underground.
ENG 37. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on -site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the west property line and running south from the
north property line approximately 2680 feet, meet the requirement to be
installed underground. Utility undergrounding shall extend to the nearest off -
site power pole; no new power poles shall be installed unless otherwise
approved by the City Engineer. A letter from the owners of the affected
utilities shall be submitted to the Engineering Division prior to approval of a
grading plan, informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan shall
be submitted to the Engineering Division identifying all above ground facilities
in the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a certificate of
occupancy.
ENG 38. 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 39. 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 40. 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.
Resolution No. 6322
Conditions of Approval Page 14 of 15
Case 5.1252 CUP March 13, 2013
ENG 41. 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 42. 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 4 is applicable to this site; required Measure
4 includes Section 4.4 (Required Avoidance, Minimization, and Mitigation
Measures) and Section 4.5 (Land Use Adjacency).
TRAFFIC
ENG 43. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
ENG 44. 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
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 9/27/2012. Additional requirements may be required at that time
based on revisions to site plans.
FID 2. 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 3. 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
Resolution No. 6322
Conditions of Approval
Case 5.1252 CUP
Page 15 of 15
March 13, 2013
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 4. 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 5. 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 6. 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 7. 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 8. 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
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 9. 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 10. 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. 0
END OF CONDITIONS