HomeMy WebLinkAbout18474 - RESOLUTIONS - 9/21/1994 RESOLUTION NO. 18474
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION APPROVAL, SUBJECT TO THE CONDITIONS
STATED, CONDITIONAL USE PERMIT NO. 5 . 0671, TO
WILLIAM W. ADAMS/ENERGY DEVELOPMENT &
' CONSTRUCTION CORP. , FOR EXPANSION OF KAREN
WIND FARM ONTO AN ADDITIONAL 40-ACRE PARCEL
LOCATED WESTERLY OF INDIAN AVE. AND SOUTHERLY
OF DILLON RD. , E-I ZONE, SEC. 10, T3S, R4E.
WHEREAS William W. Adams/Energy Development & Construction
Corporation ( "Applicant") has filed an application with the City
pursuant to Section 9402 . 00 of the Zoning Ordinance for a
Conditional Use Permit to expand Karen Wind Farm onto an additional
40-acre parcel located westerly of Indian Ave. and southerly of
Dillon Rd. , E-I Zone, Sec. 10, T3S, R4E; and
WHEREAS notice of public hearing of the Planning Commission of the
City of Palm Springs to consider Applicant' s application for
Conditional Use Permit No. 5 . 0671 was given in accordance with
applicable law; and
HHEREAS, on July 27, 1994, a public hearing on the application for
Conditional Use Permit No. 5 . 0671 was held by the Planning
Commission in accordance with applicable law; 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 approved said Conditional
Use Permit; and
WHEREAS Palm Energy Properties/Frederick William Noble filed an
appeal of the Planning Commission action citing a failure of the
Planning Commission to require a dedication for public road
purposes along the southerly line of subject property and a failure
to provide a public comment period prior to the Planning Commission
hearing; and
WHEREAS the City Council has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the
project, including but not limited to the staff report and all
written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS :
Section 1. Pursuant to Government Code Sections 65353 and 65354,
the City Council finds that adequate notice of the public hearing
for the proposed Project was given and all interested parties were
given adequate opportunity for input at the public hearing held by
the Planning Commission.
' Section 2 . Pursuant to Section 9402 . 00 of the Zoning Ordinance,
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' s Zoning Ordinance.
b. The use applied for is necessary or desirable for the
development of the community, is in harmony with the
various elements or objectives of the General Plan, and **��Cr
is not detrimental to existing uses or to future uses CI 1
Res 18474
Pg. 2 exZ'
specifically permitted, in the zone in which the proposed
use is to be located.
C. The site for the intended use is adequate in size and
shape to accommodate said use, including setbacks,
fences, and other features required in order to adjust
said use to those existing or permitted future uses of
the land in the area. '
d. The site for the proposed use relates to streets and
highways properly designed and improved. to carry the type
and quantity of traffic to be generated by the proposed
use, and there is no need or requirement for the
dedication of additional right-of-way to support an
extension of 18th Avenue.
e. The wind access setback at the easterly property line
does not apply because the characteristics of the
downwind property eliminate the ability to develop said
downwind property with commercial WECS inasmuch as the
property is designated for low-density residential uses
(L6) by the Palm Springs General Plan and is not: located
within the Wind Energy Overlay designated by the: General
Plan.
e. The conditions to be imposed and shown on the approved
site plan are deemed necessary and adequate to protect
the public health, safety and general welfare, including
any modifications of the property development standards .
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby upholds the Planning Commission approval of '
Conditional Use Permit No. 5 . 0671 subject to those conditions set
forth in the attached Exhibit A, which are to be satisfied prior to
the issuance of a Certificate of Occupancy unless otherwise
specified.
ADOPTED this 21st day of _ September 1994 .
AYES : Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Mayor Maryanov
tdOES : None
ABSENT:None
ATTEST: CIT PALM SPRIN CALIFORNIA
y �C-��y Clerk City M ge `
REVIEWED & APPROVED — -
5.0671-CUP
CONDITIONS OF APPROVAL
PAGE 1
LXH031T A
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning & Building, the Chief of Police, or
the Fire Chief, or their designee, depending on which department recommended the condition.
Any agreements including improvements agreements, reimbursement agreements, and CC&Rs,
shall be reviewed and approved by the City Attorney.
1. The permittee shall defend, indemnify, and hold harmless the City of Palm Springs or
its agents, officers, and employees from any claim, action, or proceeding against the City
of Palm Springs or its agents, officers, or employees to attack, set aside, void, or annul
an approval of the City concerning Conditional Use Permit No. 5.0671. The City of
Palm Springs will promptly notify the permittee of any such claim, action, or proceeding
or fails to cooperate fully in the defense, the permittee shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
2. The development of this commercial WECS permit shall conform to the requirements of
the Zoning Ordinance, unless modified by the conditions listed below, and all other
mandatory requirements of the codes of the State of California and the ordinances of the
City of Palm Springs. The development of the WECS project shall conform substantially
with that as shown on the approved plot plan on file with this commercial WECS permit
in the office of the Department of Planning & Building.
3. PRIOR TO THE ISMANCE OF A BUILDING PER IT, the permittee shall submit
' to the Department of Planning & Building a written statement from Southern California
Edison Company confirming that the proposed utility interconnection is acceptable and
in accordance with the procedures established by the California Public Utilities
Commission.
4. The permittee shall comply with the noise and related mitigation provisions set forth in
the Riverside County Health Services Agency's Office of Industrial Hygiene transmittal
dated January 18, 1994, and the Environmental Health Division transmittal dated July
16, 1984, copies of which are attached.
5. All notices concerning this pernit may be served by mail or in person on the following
individual at the following address:
v
Energy Development & Construction Corp. =\
Union Bank Tower, Ste. 1059 U
21515 Hawthorne Blvd.
Torrance, CA 90503
LU
The above-designated individual and served address may be changed from time to time,
but the individual and served address shall remain located within the State of California.
No such change shall be effective unless served by registered or certified mail on the Ca 0
UJ
' City of Patin Springs Director of Planning & Building.
6. Prior to any replacement or modification of any WECS or related facilities, written o
notice shall be given to the Director of the Department of Planning & Building.
7. Phasing of development requirements, not otherwise provided for may be approved in
conjunction with a phasing plan as approved by the Director of Planning & Building and
other affected agencies. Should phasing or development requirements be proposed, tine
permittee shall submit seven (7) marked plot plans showing the phasing plan to the
al a. 3
5.0671-CUP
CONDITIONS OF APPROVAL C1
PAGE 2
Department of Planning & Building. PRIOR TO BUILDING INSPECTION
APPROVAL of each phase, all facilities, improvements and other requirements intended
for that phase shall be installed in usable condition.
8. A maximum total of twenty-four (24) Vestas V39-500kW WECS shall be allowed within '
the permit boundaries, except as part of an approved phasing program.
9. The WECS specifications approved under this commercial `NECS permit include the
following:
WECS Manufacturer & Model No.: VESTAS V39
Total Height: 198 feet
Rotor Diameter: 128 feet
Orientation: Horizontal axis-upwind
Number of Blades: Three (3)
Rated Power Output: 500 kW
WECS Tower Design: 134-foot solid tub tower
10. The following restrictions shall apply to the occupancy and use of the property included
under this permit:
a. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property and public rights-of-way.
b. In no case shall any new building, stricture or electrical substation be closer than '
fifty (50) feet from any road right-of-way or lot line and no building, stnrchire,
or electrical substation shall exceed thirty (30) feet in total height unless otherwise
approved by the Planing Commission.
C. No advertising sign or logo shall be placed or painted on any WECS, tower or
foundation. No more than one (1) unlighted advertising signs relating to the
development shall be located on the project site; signs shall be rectangular in
shape, shall not exceed fifty (50) square feet in surface area and eight (8) feet in
height. Prior to installation of any advertising signs, a sign permit shall be ..
obtained from the Department of Planning & Building;. t a
7
d. Construction, operation and maintenance traffic shall be restricted to the hours �>
between 6:00 A.M. to 10:00 P.M., except for emergency maintenance of the
WECS array, and shall not present a dust, noise and light nuisance:.
e. Dust control measures as described in the pennittee"s dust control plan dated
January 19, 1994 (a copy of which is attached) shall be incorporated into other n,
constriction and operation activities of this permit. All constriction and graded M
areas shall be treated with dust suppressants on a daily basis while ]being used to '
prevent the emission of dust and blowsand. In accordance with the City of Palm �0
Springs Municipal Code Section 8.50.00, the developer shall post a cash bond of
$2,000 per acre, or a cash deposit of $5,000 with a letter of credit for the
remainder, for mitigation measures of erosion/blowsand with the Department of
Planning & Building.
f. No grading, stockpiling, WECS or any other activity or structures shall be
allowed during construction and life of this WECS permit outside of temporary
and permanent disturbance areas as shown on the approved site: plan unless
5.0671-CUP
CONDITIONS OF APPROVAL
PAGE 3
specifically approved by the Director of Planning & Building through the Land
Use Permit process.
g. A number or other identification for each WECS approved by this commercial
WECS permit shall be assigned by the Department of Planning & Building and
permanently affixed to the base of each WECS tower or foundation. This number
or other identification shall not be changed by the pennittee or removed from the
WECS tower or foundation without the approval of the Department of Planning
& Building. The number or other identification shall be cited in connection with
all reports involving individual WECS connected with this commercial WECS
permit.
h. No WECS shall be operated so as to cause significant television interference. If
interference is caused by WECS or its operation, the WECS permittee shall take
the measures necessary to remedy the situation. Remedial measures which may
be required include, but are not limited to, installation of cable television in the
affected area and discontinued operation. No WECS shall be operated so as to
cause unlawful interference with microwave communications.
i. The permittee shall provide written reports of all failures of WECS which result
in: Loss of blades, loss of hub assemblies, separation of the generator from the
tower through failure, tower failure, and failure of electrical power cables
connecting the generator to the electrical termination at the bottom of the tower,
or other significant failure apart from routine replacement or maintenance.
' Reports shall be submitted by mail to the Director of the Department of Planning
& Building within 48 hours of occurrence of the incident and shall include the
type of incident, the identification number of the WECS, and the name and
address of the operator. In addition to notifying the Director of Planning &
Building of such failures, the windfarm operator shall keep a log of all such
failures which will be available for inspection by City personnel or thew
consultants upon reasonable notice.
j. The pennittee may be required to submit periodic monitoring reports containing
data on the operations and environmental impacts of this commercial WECS
permit including, but not limited to, noise, WECS failures, power production and 11
sightings of threatened or endangered species. Upon written notice from the City
of Palm Springs requiring such a report, the permittee shall prepare and submit �� B
the required report within forty-five (45) calendar days. ! �f
k. No approval is given by this Conditional Use Permit for permanent storage areas F `.
and storage containers or any structures or buildings (except electrical
transmission vaults conducting power within the site). Any storage areas and
structures shall be approved through the Land Use Permit process.
0 < <
c,': '
1. All Vestas V39 WECS shall be individually metered upon connection to the utility a.
' interconnection to facilitate the monitoring of power production of individual a,
WECS.
It. The permittee shall comply with the following WECS noise standards and verification
procedures:
a. The WECS permitted hereunder shall not be operated so that noise is created
exceeding an exterior level of 55 db(A) as measured at the nearest dwelling.
WECS shall not create sound pressure levels sufficient to cause perceptible
e;L
5.0671-CUP
CONDITIONS OF APPROVAL a C G
PAGE 4
vibrations of dwelling structural elements (including but not limited to doors,
windows, interior walls, floors) over a range of frequencies from 0.1 Hertz to
100 Hertz (reference NASA Technical Memorandum 83228, page 14, figure 11).
All questions regarding the true meaning of these noise standards shall be referred
to the Director of the Department of Planning & Building. In the event noise
exceeds the above standards, the WECS operator shall take the necessary steps
to remedy the situation, which may include discontinued operation.
b. The Department of Planing&Building shall investigate WECS noise complaints.
The Department representative may enter the property to investigate any noise
complaints upon reasonable notice. At the time of investigation, the operator of
the WECS array may be required to temporarily discontinue the operation of as
many WECS as needed within the array to allow the Department representative
to make reasonable field evaluations.
12. The permittee shall submit a quarterly power production report to the Department of
Planning & Building. This power production report shall cover the preceding calendar
quarter, shall be submitted no later than forty-five (45) days following the end of the
calendar quarter, and shall be in the form prescribed by the Department. PRIOR TO
THE ISSUANCE OF BUILDING PERMITS, permittee shall submit to the Department
of Planning & Building the "Projected Annual Production Per Turbine (Kwh)" and the
"Projected Quarterly Production Per Turbine (Kwh)" for each 'WECS allowed under this
permit. No modification of these projections shall thereafter be made except with prior
written authorization of the Department of Planning & Building. '
13. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, the following additional
and/or revised plans (five copies) shall be submitted for approval by the Department of
Planning & Building:
5" X 5" mounted color and finish samples of exterior WECS components and
towers.
14. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the permittee shall place
identified stakes at each corner of the property containing this WECS permit and at the
corners of the actual construction site as shown on the approved site plan. Additional)
stakes may be required as determined by the Director of Planning & Building. They
slakes shall extend at least three (3) feet above the ground and shall be maintained during(,)
the construction period(s) of this WECS permit.
15. PRIOR TO THE ISSUANCE OF BUILDING PERMITS for any WECS, a California 1N
registered structural and electrical engineer(s) shall certify in writing to the satisfaction 17
of the Director of Planning & Building that the WECS; foundation, tower and >-
ny
compatibility of the tower with the rotor and the rotor related equipment, and the n Q:
electrical system conform with good engineering practice and comply with the applicable
provisions of the Uniform Building and Electrical Code that have been adopted by the G V.
City.
�( d
16. PRIOR TO THE ISSUANCE OF BUILDING PERMITS for any WECS, a registered
mechanical engineer shall certify in writing to the satisfaction .of the Director of Planning
&Building that the WECS mechanical system, including rotor overspeed control system,
conforms to good engineering practice and complies with the appropriate provisions of
the mechanical codes adopted by the City.
5.0671-CUP
CONDITIONS OF APPROVAL
PAGE 5
17. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the permittee shall obtain
a toll-free telephone number and this telephone number shall be maintained throughout
the life of this permit for the purpose of responding to noise and other
constriction/operational related concerns of the general public; a written log of all
contacts received by the telephone number stating date, time, nature and response
provided of the contact shall be kept and made available upon demand to the Director of
the Planning & Building; PRIOR TO THE ISSUANCE OF A BUILDING PERMIT,
the telephone number shall be distributed by U.S. mail to all surrounding property
owners within one-half mile of the outer boundary of the permitted property as shown
on the latest Assessors' tax rolls, and to the local office of the U.S. Bureau of Land
Management, and a certified copy of the distributed notice with property owners list shall
be provided for the approval of the Director of Planning & Building; additional
distribution and notice may be required as directed by the Director of Planning &
Building throughout the life of this permit.
18. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, of the last WECS, all
permanent private roads, internal circulation routes, parking areas, fire breaks,
permanent storage areas, and substations shall be treated with minimum one inch thick
gravel rock base composed of 60 percent gravel, 40 percent cnished rock mixture and/or
be treated with a South Coast Air Quality Management District ("SCAQMD") approved
control measure as outlined in chapter 4 of the Final, November, 1990, "State
Implementation Plan for PM10 in the Coachella Valley" and maintained thereafter in
accordance with the appropriate SCAQMD PM10 (dust and blowsand) abatement
procedures, to the satisfaction of the Director of Plamning & Building.
' 19. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of each WECS and
tower, the coloration of all WECS exterior components and towers allowed by this
permit shall be as shown on the approved color sample on file with the Department of
Planning & Building; the final selection of WECS and tower coloration shall be as
approved by the Director of Planning & Building. The finish of all WECS exterior
components allowed by this permit shall be flat, matte or galvanized. The finish of all
WECS shall weather within a six (6) month period to a lusterless condition. The
approved coloration and finish shall be maintained in good condition throughout the life
of this commercial WECS permit.
G
20. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, electrical collection lines CJ
or cables on the site shall be underground up to the low voltage side of the utility U
interface point of an on-site substation or step-up transformer or as otherwise approved
by the Director of Planning & Building through the Land Use Permit. On-site electrical iJ I
transformers shall be pad mounted. `' a
21. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, of each WECS, legible
signs warning of WECS electrical and other hazards shall be posted on stationary
positions of the WECS or its tower and at gated entry points to the project site at a > .n
height of three to five feet above the ground. Warning signs shall be in English and
Spanish.
22. PRIOR TO FINAL BUILDING INSPECTION APPROVAL AND UTILITY
INTERCONNECTION of each WECS, the WECS numbers and individual meters
required shall be installed as approved by Department of Planning & Building.
23. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of any WECS and
towers, a secure three (3) foot high three-strand barbed wire fence or six (6) foot high
chain link fence, and locking portals, shall be erected along the entire perimeter of the Z�'�
5.0671-CUP
CONDITIONS OF APPROVAL p
PAGE 6 (' p
project site and shall be maintained ant all times during the Life of this WECS permit.
The fence shall be subject to the approval of the Department of Planning & Building.
24. Conditional Use Permit 5.0671 shall be valid for and shall not exceed beyond 30 years '
after the date of original approval by the Planning Commission (July 27, 1994) or July
27, 2024, unless terminated earlier in accordance with law. This Conditional Use Permit
is subject to the provisions of Section 9402.0011.8.17. of the 'Zoning Ordinance (Use of
Permit).
25. PRIOR TO OCCUPANCY OR MsFY USE ALLOWED 13Y THIS PERMIT, and
throughout the life of this permit, the permit holder shall comply with all of the
foregoing conditions of this permit.
26. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, proof of ownership of the
property by Energy Development & Construction Corporation shall be submitted to the
Department of Planning A: Building.
27. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, a report from a biologist will
be required to determine the presence of any sensitive, rare: or endangered plant and
animal species, and any needed measures to prevent disturbance of such species. This
condition is a mitigation measure of the Negative Declaration of Environmental
Assessment and will be monitored by the Director of Planning & Building.
28. The southerly fence shall be located forty-four (44) feet northerly of the southerly '
property line to allow for a future dedication/easement of 18th Avenue.
l�
J_t 1
U \\
I
0 �
CJ
LU
IY]
C.a I oh
ua