HomeMy WebLinkAbout22005 - RESOLUTIONS - 7/25/2007 RESOLUTION NO. 22005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA CONSIDERING THE FINAL
ENVIRONMENTAL IMPACT REPORT, REJECTING TWO
APPEALS AND APPROVING CONDITIONAL USE PERMIT
NO. 5.1115 AND VARIANCE NO. 6.493 FOR THE
INSTALLATION AND OPERATIONS OF FIVE 1-
MEGAWATT WIND ENERGY CONVERSION SYSTEMS
LOCATED APPROXIMATELY 6,000 FEET WEST OF
INDIAN AVENUE, NORTH OF 1-10, SOUTH OF DILLON
ROAD AND EAST OF HWY 62, ZONE E-I, SECTION 19.
WHEREAS, Dillon Wind, LLC (the "Applicant') has proposed to install and
construct up to 45 1-megawatt commercial wind energy conversion systems ("WECS")
within unincorporated County of Riverside and the City of Palm Springs (the "City') (the
"Project"); and,
WHEREAS, the Applicant filed an application with the City pursuant to Section
94.02.00 of the Zoning Ordinance for a conditional use permit and a variance to allow
for the installation and operation of five of the 45 1-megawatt commercial WECS on
' property located in the City; and,
WHEREAS, the Project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and the County of Riverside, as the lead
agency for the Project, certified a Final Environmental Impact Report (FEIR) for the
Project in accordance with CEQA; and
WHEREAS, the City of Palm Springs is a "responsible agency" for the Project
under the CEQA because the City has discretionary approval authority over the portion
of the project that is located within the jurisdictional boundary of the City; and,
WHEREAS, on May 23, 2007, following notification in the prescribed manner,
the Planning Commission conducted a public hearing on Case Nos. 5.1115 — CUP and
6.493-Var, and following consideration of the Final EIR, staff report and related exhibit,
and public testimony on the matter, approved the project by adopting Resolution No.
7002; and
WHEREAS, on June 1, 2007 an appeal was filed with the City Clerk on the
project by Seven Fortune Partners III; and
WHEREAS, on June 1, 2007 a separate appeal was filed with the City Clerk on
the project by the Estate of Reba Jo Wolf; and
Resolution No. 22005
Page 2
WHEREAS, on July 28, 2007, a public hearing on the application was held by
the City Council in accordance with applicable law; and
WHEREAS, the 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 Final Environmental Impact, staff report and exhibits, and all written and
oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council determines that the proposed project meets the required
findings for a Conditional Use Permit as contained in Section 94.02.00(B)(6) of the
Zoning Code based on the following facts:
a. That the use applied for at the location set forth in the application is properly one
which a Conditional Use Permit is authorized by the Zoning Ordinance.
The project site is located within the Energy Industrial (E-1) zone. Section
92.17.00 of the Zoning Ordinance allows for commercial WECS project with the
approval of a conditional use permit application. The site of the proposed project
is appropriate and will be subject to the conditional use permit review within the
E-I zone.
b. That the said use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses specifically permitted in the zone in
which the proposed use is to be located.
The proposed use is desirable in that it will generate additional power supply for
the State of California. The proposed Wind Energy Conversion Systems facility
will be placed in an area currently occupied by wind turbines approved by the
City of Palm Springs. The General Plan and the Zoning Ordinance allow for such
use in this area of the City, therefore, the proposed WECS facility will not be
detrimental to existing or future uses specifically permitted in the zone in which
the proposed use is to be located.
c. That the site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls, fences, landscaping and other
features required in order to adjust said use to those existing or permitted future
uses of land in the neighborhood.
The project site is adequate in size to accommodate the new commercial wind
energy conversion systems; also the site is consistent with the requirements of
the E-1 zone for turbines and similar uses. As proposed, the facility complies
with all the setback requirements for wind energy conversion systems.
Resolution No. 22005
Page 3
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The project site is accessed by public streets that are adequate to serve the
industrial area within which the site is located. The proposed WECS facility will
generate minimal traffic and will not intensify uses on the site or in the area.
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety, and general welfare and
may include minor modification of the zone's property development standards.
All proposed conditions of approval are necessary to ensure compliance with the
Zoning Ordinance requirements and to ensure public health and safety.
Adequate measures will be taken to make sure that the applicant complies with
all the conditions of approval that addresses matters concerning public health,
safety and general welfare. Furthermore, any future modifications to the site will
be subject to review and approval of the Planning Commission.
SECTION 2. The City Council determines that the proposed project meets the required
findings for a Variance to the 300-foot height limitation for wind energy conversion
systems, as contained in Section 94.06.00(B) of the Zoning Code based on the
following facts:
1 Because of the special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict application
of the Zoning Code would deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification.
The site is located within the Energy-Industrial (E-1) zone which is intended for
alternative energy uses, including wind energy production. The site is subject to
several setbacks, including safety setbacks from all property lines, wind access
setbacks on the easterly third of the property, and setbacks from high-voltage
overhead utility lines which bisect the site from northwest to southeast. These
setbacks reduce the amount of land available for wind energy production to
about ten percent of the total lot area; this available area is located in the
southwest corner of the site. Further, there are wind turbines located upwind
(southwest) of the subject site which are up to 274-foot in height. These upwind
machines create a wake impact (wind shear) over the only portion of the subject
site available for wind energy production; i.e., the only area of the site located
outside of any setbacks. To avoid this wake, machines on the subject site must
be located outside the wind shear — either by greater height or greater distance.
Greater distance would place the machines in the overhead utility setback,
therefore, an increase in height is the only practical method to allow wind energy
' production at the site. Consequently, the utility setback bisecting the site
combined with the wind shear conditions created by adjacent wind energy
machines constitute special circumstances applicable to the subject property.
Resolution No. 22005
Page 4
When combined with the 300-foot height limit of the Zoning Code, these
conditions deprive the property of the same wind energy development privileges
enjoyed by other properties in the Energy-Industrial zone.
2 Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in
which subject property is situated.
The additional height will allow for five 1-megawatt wind energy machines to
operate efficiently under the setback and wind shear conditions found at the site.
The requested variance would not permit a significant additional benefit in terms
of wind production capacity, number of machines or other special privileges that
would be proportionally greater than that available to other properties in the
vicinity and in the Energy-Industrial zone.
3 The granting of the variance will not be materially detrimental to the pubic health,
safety, convenience, or welfare or injurious to property and improvements in the
same vicinity and zone in which subject property is situated.
All safety, use, access and other setbacks will be met by the project. These
setbacks prevent any detrimental affect on the public health, safety,
convenience, or welfare; and avoid injury to adjacent properties and
improvements. The increased height of 27 feet over the limit of 300 feet allows
for production of wind energy under unique site constraints, but will not introduce
any adverse affects which are not adequately addressed by the required
setbacks, the standard provisions of the E-I zone or the conditions of approval of
the associated Conditional Use Permit.
4 The granting of such variance will not adversely affect the general plan of the
city.
The General Plan designation of the subject property is E-I (Energy Industrial).
The increase height granted by this Variance will allow for the production of wind
energy consistent with land use designation of the General Plan.
SECTION 3. The City Council, as a "responsible agency" for this project, has
considered the environmental effects of the project that are identified in the Final EIR
(FEIR) and adopts the Findings of Fact and Statement of Overriding Considerations,
attached hereto as Exhibit A and incorporated herein by reference.
SECTION 4. The City Council adopts the Mitigation Monitoring and Reporting Program
for the project, which attached hereto as Exhibit B and incorporated herein by
' reference.
Resolution No. 22005
Page 5
SECTION 5. Based upon the foregoing, the City Council rejects the two appeals and
hereby approves Conditional Use Permit 5.1145 to allow operation of five wind energy
conversion machines and Variance No. 6.493 to grant an increase in height of 27 feet
above the 300-foot height limit for such machines, subject to the conditions contained in
Exhibit C, which is attached hereto and made a part of this resolution.
ADOPTED THIS 25" DAY OF JULY, 2007.
David H. Ready, CP M nager
ATTEST:
?Jme7s��T�hom�—pson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22005 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 25, 2007, by the
following vote=
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
,James Thompson, City Clerk
Ility of Palm Springs, California
Resolution No. 22005
Page 6
' EXHIBIT A
FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
Resolution No. 22005
Page 7
I. Background
A. Project Description
The Project consists of the operation and construction of up to 45 Wind Energy
Conversion Systems (WECS) or wind turbines on an approximately 1,510 acre portion
of the San Gorgonio Pass in unincorporated areas or Riverside County and the City of
Palms. Of the 45 proposed WECS, only five (5) WECS will be operated and
constructed on property located within the City of Palm Springs (also known as Area 5).
The WECS will stand 327 feet tall. This property is an approximately 200 acre parcel
that is specifically located north of Interstate 10 approximately one (1) mile to the west
of the North Palm Springs community.
As noted above, In order to construct five (5) WECS in Area 5, the City must
approve a Conditional Use Permit and Variance.
B. Responsible Agency Findings
On July 17, 2007, the County of Riverside Board of Supervisors certified a Final
Environmental Impact Report for the Project in conjunction with its approval of various
discretionary entitlements for the 40 WECS located within the unincorporated County
areas. The FOR evaluated the environmental effects of the WECS located in the
unincorporated County areas and WECS located within the City of Palm Springs.
Because approximately ninety percent (90%) or 40 of 45 WECS are proposed to be
constructed and operated within Riverside County, Riverside County was designated
the lead agency for the Project under the California Environmental Quality Act
("CEQA").
The City of Palm Springs is a "responsible agency" for the Project pursuant to
CEQA (Public Resources Code §21069) and must approve a conditional use permit
("CUP") and variance for those WECS that are located within its jurisdictional
boundaries. To comply with CEQA, the City must "consider" the FOR and reach its
own conclusions on whether and how to approve the Project, (14 Cal. Code Pegs
§15096(a), (f)) Before reaching a decision on the CUP and variance, the City must
consider the environmental effects identified in the FEIR of those activities that it is
required to approve or carry out. (Public Resources Code §21002.1 (d); 14 Cal Code
Regs §15096, (a) and (f)) A responsible agency, like a lead agency, must make
findings of fact and, if appropriate, adopt a statement of overriding considerations. (14
Cal. Code Regs §15096(h)) Accordingly, the City Council adopts these Findings of
Fact and Statement of Overriding Considerations.
Resolution No. 22005
Page 8
' 1, FINDINGS OF FACT
A. Less Than Significant Environmental Impacts (Including Mitigated Impacts)
The City Council finds that the following environmental impacts of the project are
potentially significant unless otherwise indicated, but each of these impacts will be
avoided or substantially lessened by the identified mitigation measures:
1. Land Use and Policy Analysis
a. Impacts:
The Draft EIR includes a comprehensive analysis of the Project's consistency
with applicable land use plans and policies in Chapter 5.0. The Planning Commission
agenda report for the Project, dated April 25, 2007, also contains an analysis of the
project's consistency with applicable General Plan and zoning regulations and policies.
The Project is located within a Area 5 of the City of Palm Spings on property designated
"Energy Industrial" in the City's General Plan and zoning code. The project is generally
consistent with all applicable policies and standards of adopted land use plans, with the
exception of the requested variance to slightly increase height (9% or 27 feet) above
the maximum height standard of 300 feet. This minor height increase is not considered
significant from a land use and policy perspective because the Project site is planned to
accommodate WECS and is completely surrounded by other WECS projects. In
addition, on November 9, 2006, the Riverside Airport Land Use Commission (ALUC)
found the project to be consistent with the Countywide Policies of the 2004 Riverside
County Airport Land Use Compatibility Plan, subject to a number of conditions-
b. Mitigation:
No significant impacts to land use are identified and thus no mitigation is
recommended (the following sections identify mitigation actions in related topical
areas).
2. Air Quality
a. Impacts:
Construction Emissions
Construction would occur in a phased fashion, with a maximum of two to three
acres impacted on a daily basis. Wind turbines and access roads would be constructed
"at grade" without significant grading or creation of manufactured slopes. Typical
construction equipment would consist of a grader for road and pad construction, a
backhoe for pad foundation excavation, a trencher for construction of the underground
electrical collector cable system, a crane for erection of the turbine structures, several
Resolution No. 22005
Page 9
diesel trucks for delivery of turbine assemblies to pad sites, and tender vehicles (service
trucks, welder trucks, water trucks, etc.). Appendix D, Table D 6 of the EIR presents a
screening calculation for construction related emissions. These screening level
calculations indicate that the construction emissions are well below the AQMD
significance levels.
Operational Emissions
Once operational, the site would require minimal supervision, with site personnel
composed primarily of maintenance staff. These personnel are expected to generate
approximately 20 average vehicle trips per day. This trip generation rate is comparable
to the vehicle trips generated by 2 or 3 single family homes. When compared to the
average daily vehicle miles traveled (VMT) of Riverside County (i.e., 34,889,836
VMT/day (per Table A9-14-A, SCAQMD 1993; "CEQA Handbook", total of passenger
cars and trucks)), the Project VMT is very small, and the resultant emissions would be
insignificant. Per the AQMD CEQA handbook, vehicle traffic related emissions from a
residential development of approximately 160 homes would be considered to have a
significant impact on air quality. The impact from the operational phase of the Project is
estimated to be equivalent to the vehicle trips from 2 to 3 residential homes, or
approximately 1.3% to 1.9% of the significance level.
The Project would not have any significant unavoidable adverse impacts. Wind
' energy is classified as a renewable resource, and as such, energy generated from the
proposed wind Project would offset the demand for energy produced by conventional
fossil-fueled power plants. The project is calculated to annually displace approximately
186 million pounds of CO2, 9.7 million pounds of SO2, and 5.8 million pounds of NOx.
b, Mitigation
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the Project
must implement fugitive dust and air quality control techniques, which include, but are
not limited to, use of watering or chemical dust suppressants on disturbed areas,
minimizing areas of disturbance through construction planning and execution, improving
roads and driving areas, stabilization of stockpiles, sweeping and/or washing of trackout
areas, covering of trucks or provisions for minimum freeboard heights when hauling
loose materials, limitations on vehicle speeds on construction sites and access roads,
halting of construction under high wind conditions, etc. Prior to issuance of a grading
permit, the Applicant is required to submit for the City's review and approval, a Project-
specific dust control plan prepared in compliance with AQMD Rule 403-1, which
addresses construction and post-construction mitigation measures for fugitive dust
control. These measures ensure that the Project would not have a significant air quality
impact during short-term construction activity.
1
Resolution No. 22006
Page 10
' 3. Biological Resources
a. Impacts:
The project will not have significant adverse impacts to plant and wildlife species
or other biological resources. Implementation of the proposed project would result in
some temporary and permanent impacts to wildlife habitat, including the permanent
loss of approximately 27 acres of habitat (less than 2% of the approximately 1500 acre
Project area) through the removal of native vegetative cover and loss of undisturbed
and disturbed Sonoran creosote bush scrub communities. However, the 27 acres of
permanent disturbance is not considered to be locally or regionally significant because
of the small amount of habitat that will be lost, both in total area and relative to the
amount of habitat that will remain on-site.
The potential for bird collisions with wind turbines exists with any wind project.
However, the project would not have a significant impact on birds. McCrary et al. (1983,
1984) estimated that 69 million birds migrate through the Coachella Valley annually, 32
million during the spring migration and 37 million during the fall migration. During their
study, 38 avian fatalities were found comprised of 25 species, including 15 passerines,
seven waterfowl, two shorebirds, and one raptor. Considering the large number of
passerines migrating through the area relative to the number of passerine fatalities, the
authors concluded that this level of mortality was biologically insignificant (McCrary et
al. 1986a).'
Avian fatality searches were also conducted as part of the Avian Monitoring and
Risk Assessment at the San Gorgonio Wind Resource Area study prepared by
Anderson during two study periods (March 1997 to May 1998; August 1999 to August
2000). The full study is available at http://www.nrel.gov/wind/pdfs/38054.pdf. During this
study prepared by Anderson et al., 32 avian fatalities were documented including nine
waterbirds, two raptors, one corvid, three passerines, 10 rock pigeons or morning
doves, and seven unidentified birds in 1997 and 1998. These bird carcasses were
found during quarterly searches of 138 older turbines (mostly <250 kW), which roughly
translates to an avian fatality rate of 0.23 birds/turbine/year. During the surveys in 1999
and 2000, 26 fatalities were documented including nine waterbirds, two raptors, two
corvids, four passerines, five rock pigeons, and three unidentified birds. These fatalities
1 McCrary, M.D., R.L. McKernan, and R W. Schreiber. 1986. San Gorgonio Wind Resource Area: Impacts
of commercial wind turbine generators on birds, 1985 data report. Prepared by Los Angeles Co. Net, Hist.
Mus, for Southern Calif. Edison, Res. and Development, Rosemead.
McCrary, M.D., R.L. McKernan, W.D. Wagner, and R E. Landry. 1984. Nocturnal avian migration
assessment of the San Gorgonio Wind Resource Study Area, fall 1982. Prepared by Los Angeles Co. Nat.
Hist. Mus, for Southern Calif. Edison, Res. and Development, Rosemead.
McCrary, M.D., R.L. McKernan, R.E. Landry, W,D, Wagner, and R.W. Schreiber. 1983. Nocturnal avian
migration assessment of the San Gorgonio Wind Resource Study Area, spring 1982. Prepared by Los
Angeles Co. Nat. Hist. Mus., for Southern Calif. Edison, Research and Development, Rosemead.
Resolution No. 22005
Page 11
were found during searches of 60 turbines (mostly <250 kW), which roughly translates
to 0.43 avian fatalities/turbine/year. The waterfowl and shorebird mortality generally
occurred where water was present in the vicinity of the wind resource area (for
example, near the aquifer recharge basin), that attracted large numbers of waterfowl
and shorebirds. Estimates of mortality adjusted for searcher bias, scavengers, and wind
were not conducted for this study.
Standardized fatality monitoring results from six western projects (including one
in California) reported by Strickland and Johnson (2006) and Kerlinger et al. (2006)
were conducted in projects containing turbines in the 1 MW to 1.8 MW size range,
which are equal to or larger in size than the turbines proposed for the Dillon project. The
estimated fatality rates for these projects ranged from 0.95 to 2.92 birds per MW per
year. Because the avian survey data collected at the site shows bird use at the very low
end of rates observed at other wind projects for which similar data were collected (See
Table 9 of "Avian Use Surveys" technical report, which is Appendix B of the FEIR), it is
very likely that overall avian mortality will be at the low end of that range.
The most recent avian mortality monitoring conducted in California using modern
search protocols has been at the High Winds Wind Project in Solano County. Kerlinger
et al. (2006) reported an average of 1.36 bird fatalities per MW per year; using these
rates, this would result in a predicted rate of 61 bird fatalities per year at the proposed
45-MW Dillon project. Kerlinger et al. (2006) also reported the fatality rate of night
migrants during fatality monitoring at the High Winds project was less than 1 bird per
turbine per year.
Based on the studies referenced above, there is sufficient data to suggest that
avian mortality will be low. Avian fatality at the Dillon project site is expected to fall
within the range of 1 to 3 avian fatalities/turbine/year, and is most likely to be at the low
end of that range. No avian fatalities have been found at the nearby Mountain View III
wind project. Wind operators are trained to report any dead birds found at the site, and
none have been seen since the project began operating in December 2003. The project
proponent, PPM Energy has conducted post-construction mortality monitoring for birds
and bats at most of its projects (for example, the 150-MW Shiloh Wind Project in
Solano County), and proposes to conduct a year of post-construction bird and bat
mortality monitoring at the Dillon Project to confirm the predicted low bird and bat
mortality.
Bat impacts at the Dillon project are also expected to be very low due to past
studies that show low bat use in the area. The Dillon project area does not have open
water, tree-roosting habitat, or other habitat features that would attract bats.
The project was also evaluated for potential impacts to sensitive species,
including the Desert Tortoise, Le Conte's Thrasher and Burrowing owls. Potential
impacts will be reduced to a level less than significant with appropriate mitigation.
Resolution No. 22005
Page 12
' b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce biological resources impacts to a less than
significant level:
Prior to grading permit issuance, trenching, or any other form of ground
disturbance a re-vegetation plan shall be submitted to the Planning Department for
review and approval.
Prior to grading permit issuance, the applicant shall submit proposed survey
protocols for the one year of post construction avian and bat monitoring to the Planning
Department, and to the wildlife agencies (California Department of Fish and Game
(CDFG) and United States Fish and Wildlife Service (USFWS) for review. Monitoring
shall start once the project is constructed and operations have commenced and will
continue for one full year (one full year from the first date of operation). Once one year
of monitoring is complete, a report must be prepared and submitted to the Planning
Department within 90 days from the final survey date for City review. As stated in
Section 6.3-3.4.5 of the FEIR, dated March 2007, the Dillon project has a predicted rate
of 61 bird fatalities per year for a 45-MW facility. If the results of the one-year post
construction fatality monitoring report indicates that the number of bird fatalities is
greater than 61 per year then a second year of post construction avian fatality
monitoring may be requested. Reports shall be submitted to the wildlife agencies
(CDFG & USFWS) and discussion and review of the differences will be evaluated to
determine if additional surveys are warranted.
For Burrowing owls, within 30 days prior to the issuance of a grading permit, a
pre-construction presencefabsence survey for the burrowing owl shall be conducted by
a qualified biologist within the proposed areas of disturbance as well as within the 150
meter buffer area. The results of this presence/absence survey shall be provided in
writing to the Planning Department for review. To avoid potential impacts, no
disturbance shall occur within 50 meters of occupied burrows during the non-breeding
season (September 1 through January 31) or within 75 meters during the breeding
season (February 1 through August 31), unless a CDFG approved biologist, with written
approval from CDFG, confirms through non-invasive methods that the birds have not
begun egg-laying and incubation or juveniles from the occupied burrows are foraging
independently and are capable of independent survival. During the breeding season
pre-construction surveys shall be conducted within one week of any ground
disturbance. If destruction of occupied burrows is unavoidable all mitigation and
relocation must follow CDFG approved protocol and timelines. Mitigation and burrow
creation must be implemented and completed prior to issuance of a grading permit. All
surveys, mitigation proposals, and survey findings must be submitted to EPD and
' CDFG for review and approval. Prior to final inspection, a report must be submitted to
the Planning Department indicating that the project has been re-vegetated according to
Resolution No. 22005
Page 13
the criteria and recommendations outlined in the approved re-vegetation plan.
For Le Conte's thrashers, prior to removal of vegetation or any ground
disturbance a vegetation clearance survey for Le Conte's Thrasher must be conducted
by a qualified biologist, and a survey report must be submitted the Planning
Department, and CDFG and USFWS for review. If Le Conte's Thrasher nests are
observed during the survey, CDFG, USFWS, and the Planning Department must be
immediately consulted regarding a Le Conte's Thrasher mitigation and monitoring
report. This survey is valid for 30 days; if a grading permit is not issued within that time
frame an additional survey may be required.
For Desert tortoises, prior to grading a survey must be conducted by a qualified
biologist and the survey results must be submitted the Planning Department, CDFG and
USFWS for review. This survey is valid for 30 days; if a grading permit is not issued
within that time frame an additional survey may be required. If any tortoise is
encountered, wildlife agencies, along the Planning Department, shall be informed and a
desert tortoise construction monitoring and management report shall be submitted to
these agencies for review. If desert tortoise is observed on site at any time, the qualified
biologist shall conduct full-time monitoring until the completion of the project and
specific desert tortoise guidelines shall be followed. In addition, a report summarizing
the findings must be submitted to the Planning Department and the wildlife agencies
prior to final inspection.
' 4. Cultural and Paleontological Resources
a. Impacts:
Although the cultural resources survey did not uncover the presence of
archaeologically significant resources, it is possible that previously undiscovered, buried
prehistoric or historic resources may be encountered during grading activities on- and
off-site resulting in potentially significant impacts to historic resources, including
resources that may be important to the Agua Caliente Band of Cahuilla Indians.
Based on literature and records searches, ground disturbance in the form of
clearing, excavation, and/or installation of underground facilities required for the project
is not likely to adversely impact significant nonrenewable paleontological resources.
b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce cultural resources impacts to a less than
significant level:
' Prior to the issuance of grading permits, the project applicant shall enter into a
pre-excavation agreement with the Agua Caliente Band of Cahuilla Indians. The
Resolution No. 22005
Page 14
agreement shall document archeological monitoring requirements and specify the
' disposition of any significant resources discovered during monitoring.
Prior to issuance of grading permits, a qualified archaeologist shall develop a
mitigation plan and a discovery clause/treatment plan, which will include mitigation
monitoring to be implemented during earthmoving activities on the project. The
treatment plan shall be developed in consultation with the Agua Caliente Band of
Cahuilla Indians and in accordance with the pre-excavation agreement and shall
account for treatment of any archaeological remains and associated data uncovered by
brushing, grubbing, or earthmoving. The treatment plan shall allow for the recovery and
subsequent treatment of any archaeological remains and associated data uncovered by
brushing, grubbing, or earthmoving.
If archaeological remains are found by the archaeological monitor, the
archaeological monitor in consultation with the Native American observer shall have the
authority to require that earthmoving shall be temporarily diverted away from the
deposits until they have been evaluated, recorded, excavated, and/or recovered as
necessary. Earthmoving shall not be allowed to proceed through the deposit site until
the archaeological supervisor, in consultation with the Agua Caliente Band of Cahuilla
Indians and the City, determines that the artifacts are recovered and/or the site
mitigated to the extent necessary.
' If possible human remains are encountered during any earthmoving activities, all
work shall stop in the area in which the find(s) are present, and the Riverside County
Coroner shall be immediately notified. In accordance with State law, the Native
American Heritage Commission (NAHC) shall be notified in the event that remains are
determined to be, in fact, human and of Native American decent. In some instances,
grave remains may also include artifacts found in association with a burial.
Any recovered archaeological resources shall be identified, recorded, mapped,
and artifacts catalogued in accordance with City requirements. Examination by an
archaeological specialist shall be conducted where necessary, dependent on the
artifacts, features, or sites that are encountered. The specialist shall identify, date,
and/or determine significance potential.
The project archaeologist shall submit a written report to the Planning
Department of the results of the initial consultation, and the final results of the sub-
surface cultural resource recovery plan, if recovery was deemed necessary. The written
report shall be submitted prior to final inspection and certification of project grading.
5. Geology/Soils and Geotechnical Resources
a. Impacts:
' The primary geologic hazard relative to site development is severe ground
shaking from earthquakes originating on nearby faults. A major seismic event above
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magnitude 7 originating on the local segment of the San Andreas Fault Zone would
' most likely be the cause of substantive ground shaking activity at the sites within the
estimated design life of the proposed development. Because the Project does not
propose any habitable structures, the most serious potential result of earthquake
activity would be structural damage. Engineered design and earthquake resistant
construction increase safety and allow development within seismic areas.
The majority of turbine sites within the Project do not lie within a currently
delineated State of California, Alquist Priolo (A-P) Earthquake Fault Zone. However, a
few turbines within WECS 116 (A9, A10 and A11) do lie within the A-P Earthquake
Fault Hazard Zone, and turbine Al (Area 1) appeared to be astride the main trace of
the Banning Branch of the San Andreas fault line. Based on the results of the
geotechnical studies done for the Draft EIR, turbine All was deleted. Deletion of
turbine All, implementation of the geotechnical engineering recommendations in the
site specific geotechnical reports, and construction of proposed structures in
accordance with the Uniform Building Code (UBC) will ensure that potential ground
shaking impacts will not result in a significant impact.
b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
' shall take the following measures to reduce geology/soils impacts to a less than
significant level:
All grading shall be performed in accordance with City requirements and with the
site specific geotechnical reports. The measures recommended by the site-specific
geotechnical report shall be identified on applicable grading plans and shall be
implemented to the satisfaction of the Department of Public Works and Engineering.
Prior to the issuance of grading permits, the Department of Public Works shall review
and approve all grading plans. All relevant laws, rules and regulations governing
grading in Palm Springs shall be observed.
6. Navigational Interference
a. Impacts:
The FAA completed an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77.
This aeronautical study revealed that the project does not exceed obstruction standards
and would not be a hazard to air navigation provided the project is lit and marked
according to FAA lighting standards and a Notice of Actual Construction is completed
and returned to the FAA within five days after the construction reaches its greatest
height. On November 9, 2006, the Airport Land Use Commission (ALUC) reviewed the
' project for consistency with the 2004 Riverside County Airport Land Use Compatibility
Resolution No. 22005
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Plan. At that meeting the ALUC found that the project is consistent with the Plan subject
' to the Conditions attached to the approval-
b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce navigational interference impacts to a less
than significant level:
As a condition of project approval, the City shall require that the project permit all
times comply with Federal Aviation Administration rules and regulations. Should
additional lighting and coloration be required, the permit holder shall obtain comments
from the Planning Director prior to the installation thereof. The permit holder shall
remain in compliance with the directives of the Riverside County Airport Land Use
Commission's letter dated January 22, 2007, a copy of which is on file with the City's
Planning Department.
7. Noise
a. Impacts:
' Short-term acoustic impacts would be associated with construction activities
necessary to implement the proposed Project. These noise levels would be higher than
the ambient noise levels in the Project area today, but would subside once construction
is completed. Two types of noise impacts are considered during the construction phase.
First, the transport of workers and equipment to the construction site would
incrementally increase noise levels along the roadways leading to and from the site.
Second, the noise generated by the actual on-site construction activities.
Because Project construction traffic would only generate approximately 50 to 55
daily trips and would occur within an area impacted by existing freeway and highway
noise, noise impacts would not differ substantially from those already experienced
along Project area roadways. Considering that the construction noise levels associated
with the proposed facilities would be temporary and the Project operator would adhere
to local noise ordinances, the construction noise would be less than significant.
The project was also evaluated for operational noise impacts. Based on current
noise standards for Riverside County and the City of Palm Springs, noise at habitable
structures from wind turbine operations on the proposed Project would be below the
threshold of significance; i.e., modeling indicates that noise would not exceed 55 dB
within 50 feet of residences with turbines under International Electrotechnical
Commission, (IEC) reference wind conditions 8 m/s at 10 meters elevation. At high wind
speeds, noise levels near the northeasterly corner of the Project are computed to be
' within approximately 2 dB of the significance threshold of 60 dBA under high wind
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speed conditions. Further, the residences in this area are directly downwind of the
' turbine row for the predominant wind condition.
b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce noise impacts to a less than significant
level:
Construction traffic, and later on-going operation and maintenance traffic,
associated with this commercial WECS permit, shall utilize off-site legal access, as
approved by the Public Works and Engineering Department. Construction, operation
and maintenance traffic shall be restricted to the hours between 6:00 a.m. to 10:00
p.m., except as required for emergency maintenance to the WECS array, and shall not
present public nuisance in regards to noise.
The Project must comply with the provisions of City Noise Ordinance (Palm
Springs Municipal Code Section 11.74) and violations of this ordinance could result in
revocation of the use permit.
The permittee shall also comply with the following WECS permit operational
noise standards:
a. The WECS shall not be operated so that noise is created exceeding an
exterior level of 55 db(A). In the event noise or sound pressure levels exceed the above
standards, the WECS operator shall take the necessary steps to remedy the situation,
which may include discontinued operation.
b. The Planning Department shall investigate WECS noise and sound pressure
level complaints. The Planning Department representatives or designees 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 at no cost to
any government agency in order to allow the Health Department representative to make
reasonable field evaluations.
8. Radio/Television/Electronic Equipment Interference
a. Impacts
To avoid any effects to microwave signals in the area, the turbines have been
located to stay clear of the Worst Case Fresnel Zones (WCFZs) associated with all
microwave beam paths that cross the site. The WCFZ is the maximum area of a
' microwave signal that could be affected by interference from a turbine. There is a slight
Resolution No. 22005
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possibility that off-air television signals could be impacted by the wind farm for the
residents in the area that do not have cable television.
In addition to the construction and placement parameters mentioned above, a
request was made of the National Telecommunications and Information Administration
(NTIA) to ascertain any potential impacts from the Project. The NTIA provided to the
federal agencies represented in the Interdepartmental Radio Advisory Committee the
plans for the Project. The agencies did not identify any concerns regarding blockage of
their radio frequency transmissions.
b. Mitigation
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce Radio/Television/Electronic Equipment
Interference impacts to a less than significant level:
The Applicant has commissioned an off-air television signal measurement study
to document the current (pre-Project) strength of television signals in the Project. If
residents in the area complain of poor television interference after the Project is
completed, the Applicant will measure the television signal strength and compare it to
the documented pre-Project signal strength. If the Project is determined to be the
' source of impaired signal, then the Applicant will work with residents to mitigate the
issue (e.g., by providing an improved antenna, signal booster, or cable access).
9. Transportation/Traffic
a. Impacts:
Traffic associated with the proposed Project would be minor. Trip generation for
the project will be comprised of both construction worker trips and delivery activity.
Truck deliveries are expected to occur throughout the day with approximately 30 to 40
equipment vehicle trips per day. Additionally, water trucks are expected to make 10 to
15 trips per day. Total construction traffic is estimated to be 80 vehicle trips per day.
During construction, the proposed Project would result in the need for temporary
parking areas on site for construction-related vehicles and equipment. These temporary
parking areas would not impact existing on-site operations or off-site parking areas.
Based on other operating WECS projects, it is estimated that long term traffic for
maintenance and operations would employ approximately 10 permanent employees
and would have about 20 vehicle trips per day for the entire project. While the Project
would contribute to cumulative traffic increases in the area, the incremental traffic
' increase would be small and is not expected to result in significant changes to LOS or
other operation or safety characteristics of the local circulation system.
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The proposed Project would involve the off-site construction of approximately 32
miles of underground interconnect or overhead collector cables. The construction of
underground interconnect collector cables would involve the crossing of Dillon Road
and Diablo Road. These roads would be crossed using standard trenching construction
methods. This would involve encroachment within the affected rights-of-way, and would
require an encroachment permit from the Riverside County Transportation Department.
The required review and approval by the County will ensure that Project-related impacts
on the affected roadways would be les than significant.
b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce transportation/traffic impacts to a less than
significant level:
Within 18 months of project approval, public rights-of-way shall be conveyed for
public use along Worsley and Diablo Roads, along the northern boundary (Two Bunch
Palms Road), and along the southern boundary (16th Avenue).
The necessary permits shall be obtained from Caltrans, Riverside County and
the Public Works and Engineering Department prior to the start of construction. All
roadway features shall be protected or restored to the extent feasible if disturbance is
unavoidable.
A Traffic Control Plan shall be prepared for all affected roadways.
The County will conduct a public access route inspection prior to construction, at
the half-way point of construction, and upon completion of construction, with expenses
borne by the Applicant.
The proposed on-site maintenance road for the project must comply with the City
of Palm Springs Municipal Code §8.50.024. Permanent dust control material
alternatives must be submitted for approval to the City Engineer prior to issuance of a
grading permit.
Construction traffic, and later on-going operation and maintenance traffic,
associated with this commercial WECS permit, shall utilize off-site legal access, as
approved by the Public Works and Engineering Department. Construction, operation
and maintenance traffic shall be restricted to the hours between 6:00 a.m. to 10:00
p.m., except as required for emergency maintenance to the WECS array, and shall not
present public nuisance in regards to fugitive dust, noise and outdoor lighting.
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' 10. Wake Effects
a. Impacts
The FEIR identified no adverse wake effects of the Project for Area 5, which is
located in the City of Palm Springs. The only potential wake effects were identified for
Project WECS within unincorporated Riverside County. Under Riverside County
Ordinance No. 348 Section 18.41(d)(2)(a) Wind Access Setbacks for Commercial
WECS Permits, the required setback is five times the rotor diameter (or 1,007 feet)
from the downwind property line. However, Section 18.41(d)(2)(b) specifies that these
setback requirements do not apply if the Planning Commission determines that the
characteristics of the downwind property, such as, but not necessarily limited to,
topography or use of such property as a transportation corridor, eliminate the ability to
develop this downwind property with commercial WECS. The Applicant has requested
and the County approved a variance from the five rotor diameter (or 1007 feet) setback
to site the nine turbines on the eastern side of Area 1 closer to the property line. The
findings regarding the variance are provided later in the County's resolution.
b. Mitigation
There are no impacts to existing or future downwind properties, and thus no
mitigation is required.
11. Agricultural Resources
a. Impacts:
There are no prime, unique, state or locally important farmlands within the
Project area or on adjacent properties. Furthermore, the northern portion of Coachella
Valley is not currently, nor has it historically been used for agricultural purposes due to
the very dry climate and poor soil. No agricultural reserves established pursuant to the
Williamson Act exist within the Project vicinity. The proposed Project would not have
any impact to agriculture in the Project area.
b. Mitigation:
None required.
12. Hazards and Hazardous Materials
a. Impacts:
Older wind project equipment has posed certain hazards to human safety, such
' as tower collapse and blade throw, typically as a result of seismic events. Modern
design and operation of wind towers and turbines in accordance with proper site
management have significantly reduced the risk of blade throw to less than significant
Resolution No. 22005
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rates. The turbines are sited in accordance with all the County safety setbacks to
prevent impacts in the unlikely event of a turbine failure. The wind access setback of
five times the rotor diameter was designed to prevent wake effects and is not related to
safety setbacks.
For this project, the design earthquake loads are in accordance with the
California Building Code and the design wind loads are in accordance with the
International Electrotechnical Commission (IEC) based on meteorological data collected
at the project site. Modern wind turbines are also equipped with redundant braking
systems and the continual supervisory control and data acquisition (SCADA) monitoring
system, which make the necessary adjustments to ensure that power is generated at
peak performance while protecting the turbine and maintaining a safe level of operation
over the life of the unit. Because the towers are designed to withstand these conditions,
tower collapse is extremely unlikely and is considered less than significant from the
standpoint of risk of upset or impacts to human health. In addition, the proposed
locations for the towers are not within any established 100 year floodplain.
Utility-scale wind turbines are certified to international engineering standards,
such as those developed by Germanischer Lloyd or Det Norske Veritas, which require
that the turbines are designed to withstand extreme seismic events, high wind
conditions, and flooding episodes. Modern wind turbines are also equipped with
redundant braking systems and the continual supervisory control and data acquisition
(SCADA) monitoring system, features that make the necessary adjustments to ensure
that power is generated at peak performance while protecting the turbine and
maintaining a safe level of operation over the life of the unit.
All proposed turbine locations comply with the County safety setback guide, thus
eliminating risks to residences.
There are no known hazardous waste contamination sites on or adjacent to the
subject sites (URS, 2004). There is a considerable amount of trash at the Project sites;
however, based upon the history of the sites, it is unlikely that any contamination is
present. The applicant has also committed to removing abandoned pieces of wind
turbines, equipment and debris. Use of any hazardous materials would be in
compliance with the County's and the State's regulations and enforcement procedures,
and as such, the impacts from releases of hazardous substances as a result of the
Project construction and operation would be less than significant.
b. Mitigation:
Prior to the Final Building Inspection Approval of the WECS, legible signs,
warning of WECS electrical and other hazards, shall be posted on stationary positions
of the WECS or its tower and at gated entry points to the project site, at a height of
' three to five feet above the ground. Warning signs shall be in English and Spanish.
Resolution No. 22005
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' 13. Hydrology and Water Quality
a. Impacts:
The Project would not affect hydrology, including surface drainage, flooding,
direction or flow, surface water quality, or groundwater quality or quantity. The Project is
not influenced by flooding and drainage issues as identified in the Riverside County
General Plan. The proposed sites are located outside the 100-year flood zone (Zone A)
according to the Federal Flood Insurance Rate Map FIRM (reference panel 060245
0900 C) and the CGP. Development of the Project would increase the amount of
impervious surfaces only slightly since on-site access roads would be gravel or dirt
surfaced, thereby allowing percolation and infiltration of storm water to continue on the
sites. Following construction, maximum disturbance for the proposed structures (wind
turbines, transformers, met towers, substation) cover approximately 0.5 acres, which is
equal to approximately 0.1 percent of the entire Project. Project-related development
would not substantially affect absorption rates or impede natural drainage flows. The
proposed Project would not result in the need for water services or construction of new
water lines/facilities, nor would it involve the direct addition or withdrawal of
groundwater.
During construction grading, there is the potential for some short-term erosion to
' occur and discharge of pollutants, especially during rainy periods. However, the project
will implement best management practices in compliance with its National Pollution
Discharge Eliminations System permit-
b. Mitigation:
None Required.
14. Mineral Resources
a. Impacts:
According to the California Division of Mines and Geology, the area to the north
of 1-10 in the Project vicinity is located within a classified MRZ-3 mineral resource zone,
which indicates areas of mineral deposits that cannot yet be evaluated for significance
according to available data. The site's mineral resources primarily consist of sand,
gravel, and cobbles of varying size according to the CGP. The construction of Dillon
WECS Project could cause some reduction of the area available for surface mining
activities, but does not preclude the ability of future mining on the site and WECS are
generally considered a compatible land use adjacent to a surface mine.
' b. Mitigation:
None required.
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15. Population and Housing
a. Impacts:
No population impacts are anticipated as a result of the proposed development
because the Project neither proposes housing, nor would it serve as a substantial
source of employment. Approximately 80 construction workers would be hired from the
existing local labor force, and approximately 10 permanent employees would be
required for operations and maintenance of the WECS. No additional public services
would be required. No adverse impacts to existing housing stock would occur since the
Project contains no existing residential structures. The Project would not induce
substantial population growth or cumulatively exceed official population projections as
there is no associated housing component-
b. Mitigation:
None required.
16. Fire Protection Services
a. Impacts:
' The Project is currently served by the North Palm Springs Station (Station No.
36). This station is equipped with two types 1 Fire Engines, and one rescue squad
consisting of three firefighters plus volunteers on 24-hour shifts at all times. The
Riverside County Fire Department contracts with the California Department of Forestry
for specialized fire suppression resources such as the use of fixed wing and rotary
winged aircraft, hand crews and heavy equipment. County Fire also maintains a "Mutual
Aid" agreement with the City of Palm Springs which establishes a mutual aid zone in
which the City takes primary responsibility for protecting areas within its corporate
boundaries adjacent to County land and the County is given primary responsibility for
protecting much of the City's Sphere of Influence (County of Riverside 2003).Based on
the nature of the proposed Project, no significant impacts are expected to occur to
County fire services in the area. The Project contains no wooden structures or habitable
buildings which would require fire response for life/safety concerns. The Project is
conditioned on compliance with the requirements of the City's Fire Department and
these requirements would reflected in final Project design to reduce any potential
impacts to a level less than significant.
b. Mitigation:
None required.
1
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' 17. Sheriff Services
a. Impacts:
The proposed project would not result in a significant increase in the demand for
sheriff services. The Project is within the Riverside County Sheriffs jurisdiction. Each of
the turbines would be locked and the substation would be fenced and locked to prevent
unauthorized access.
b. Mitigation:
None required.
18. Schools
a. Impacts:
The Project would not increase student populations or impact schools in the
area. Requirements of state law provide the mechanism for mitigation of school service
impacts resulting from the construction of human occupancy structures. WECS towers
are not considered human occupancy structures and the Project would have no effect
' on school services.
b. Mitigation:
None required.
19. Libraries
a. Impacts:
There would be no impact on library services, as the Project would draw no new
residents to the area. Additionally, WECS arrays are generally considered a commercial
or industrial use and therefore typically have a positive fiscal impact on the county's
ability to provide library services.
b. Mitigation:
None required.
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' 20. Health Services
a. Impacts:
There would be little impact on health services, as the Project would draw no
new residents to the area. Additionally, WECS arrays are generally considered a
commercial or industrial use and therefore typically have a positive fiscal impact on the
county's ability to provide health services.
b. Mitigation:
None required.
21. Recreation
a. Impacts:
The Project is not within the boundaries of any public agency designated to
receive land dedication or fees pursuant to Section 10.35 of Ordinance No.460. The
proposed Project would not result in an increase in population generating a need for
recreational services.
' b. Mitigation:
None required.
22. Utility and Service Systems
a. Impacts:
The Project would not include development of any habitable structures or
irrigated landscaping and would not involve the extension of water or sewer lines to the
site. Therefore, the Project would not be affected by the domestic water programs,
sewer services, and land use standards of the CGP (Please write out abbreviated
words). Solid waste generated by the proposed Project would be limited to minor
amounts of construction-related debris removed from the site. The Project would not
adversely affect exiting utilities in the area; in fact, it would boost energy production to
regional consumers. The Project does not include habitable structures and windfarms
are not considered a major user of utilities or other service systems, therefore potential
impacts would be less than significant. With respect to road maintenance, based on the
Project's limited, short-term amount of construction traffic and the minor traffic
associated with the maintenance of the proposed facilities, no significant impacts to
road maintenance are anticipated to occur.
Resolution No. 22005
Page 26
' lo. Mitigation:
None required.
B. SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS
The City Council finds that the following impacts potentially resulting from the
approval of the project cannot be fully mitigated and will be only partially avoided or
lessened by the mitigation measures hereinafter specified; a statement of overriding
findings is therefore included herein:
1. Visual Resources
a. Impacts:
Implementation of the proposed project would result in short term visual impacts
from construction as well as operational visual impacts. Development of the Dillon
Project would create long-term visual changes in the landscape, as seen from several
key observation points and numerous other less-critical vantage points.
As described in Section A, at page 2, above the applicant has requested a
variance to measure the (0.25 mile (1,320 feet) scenic resources setback from the edge
of pavement rather than the edge of right-of-way on the basis that a portion of the
highway right-of-way protrudes into the leased property more than 500 feet, creating a
large scenic resources setback distance in Area 1, for a planned highway interchange
that was never constructed and no longer has a functional relationship with the scenic
highway or the land uses in the area it would serve. The project would have a
significant, unavoidable visual impact at Seeley Road at Westside Drive and Highway
62. An additional visual simulation was generated For the FEIR to show the appearance
from the turbines if they were located 0.25 mile from the SR 62 right of way (ROW).
This simulation illustrates that there is very little difference in the visual impacts of siting
turbines back 0.25 miles from the SR 62 ROW from that proposed in the DEIR. This
variance request has been minimized to the greatest extent feasible and is based on
the unique characteristics of the property and pre-existing road alignments.
The project will have a significant, unavoidable visual impact on viewers along
Indian Avenue at Two Springs RV Resort, Seeley Road at Westside Drive and Highway
62, and San Jacinto Road at La Estrellita Road. Because the San Gorgonio Pass Wind
Energy Policy Area abuts land zoned for residential development, wind turbines on
adjacent property would always have a visual impact and these impacts were
contemplated during the designation of the Wind Energy Policy Area. Any project in this
area would have some unavoidable visual impacts. The County of Riverside has issued
' a Statement of Overriding Consideration to approve the project in light of these visual
impacts, which is attached below.
Resolution No. 22005
Page 27
' b. Mitigation:
As described in the Final EIR and set forth in the concurrently adopted
Mitigation, Monitoring and Reporting Program and conditions of approval, the applicant
shall take the following measures to reduce aesthetic impacts to a less than significant
level:
Construction
The Final EIR identified the following mitigation measures to address short term
aesthetic impacts during construction:
Storage and Cleanup. Dillon LLC and its contractors shall keep construction-
related activity clean and inconspicuous by storing building materials and
equipment used for the proposed construction in staging areas and/or generally
away from public view and shall remove construction debris promptly at regular
intervals.
Re-contouring and Restoration. Dillon LLC and its contractors shall re-contour
and restore all disturbed or graded areas to provide a natural appearing landform
upon completion of construction.
' Re-vegetation. Dillon LLC. and its contractors shall re-vegetate all disturbed
areas using approved methods commonly used in Riverside County and the City
of Palm Springs to restore the natural vegetative communities to as near-natural
appearance as possible.
In addition, as conditions of project approval, the County shall require that
construction, operation and maintenance traffic shall be restricted to the hours
between 6:00 a.m. to 10:00 p.m. to avoid public nuisance in regards to outdoor
lighting.
Operational
The Final EIR identified the following mitigation measures to address operational
aesthetic impacts:
Use Only Low-Level, Directional, Shielded or Motion Detector Lighting. In order
to illuminate equipment and storage areas, Dillon LLC and its contractors shall
install only low-level, directional, shielded, or motion detector lighting sufficient to
limit spill-over glare and nighttime sky-lighting. The brightness of this lighting
shall be kept relatively low.
' No Reflective Surfaces, Dillon LLC and its contractors shall use no reflective
surfaces in finishes and colors selected for all turbine structures.
Resolution No. 22005
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No Logos or Markings. Dillon LLC and its contractors shall not display any logos
' or prominent markings on the exterior of wind turbines towers, nacelles, or
blades.
Uniform Colors and Finishes. Dillon LLC and its contractors shall use uniform
light-gray, off-white colors and matte finishes on all external components of wind
turbines structures to promote visual continuity.
County WIMP Contribution. Dillon LLC and/or its contractors shall contribute to
the County's WIMP fee, which provides on-going monitoring and offers a source
of funds that can be applied to mitigating visual impacts related to wind turbines.
Establish Hotline Telephone Number. Dillon LLC and its contractors shall
establish a hotline telephone number for receiving public questions or complaints
and the number shall be posted at the sites of Area 1, 3, and 5. Any complaints
received regarding malfunctioning equipment and/or equipment failure at the
Project sites shall be responded to within 24 to 48 hours.
The project shall also comply with the requirements of Riverside County
Ordinance No. 655, which specifies standards for outdoor lighting and requires the
submission of plans and evidence of compliance with Ordinance No. 655. The project
shall also comply with Federal Aviation Administration rules and regulations directives
' of the Riverside County Airport Land Use Commission's letter dated January 22, 2007,
a copy of which is on file with the Riverside County Planning Department.
With regard to Scenic Highway 62, the Applicant made several design
modifications in the FEIR in response to comments received during the public and
agency review period for the DEIR on the highway, in order to address concerns with
regard to the project's compliance with the County safety setback and proximity to the
scenic highway. The Applicant shifted turbines A-1 through A-10 east towards the
center of WECS 116 to maintain a minimum of 1,320 feet or 0.25 mile from the edge of
pavement of Scenic Highway 62. As allowed under Section 18.41(d)(3)(e), the
Applicant requests a variance to measure the 0.25 mile (1,320 feet) setback from the
edge of pavement, maintaining a 0.25 mile setback from the edge of pavement or
scenic resource.
For the significant, unavoidable visual impact on viewers along Indian Avenue at
Two Springs RV Resort, Seeley Road at Westside Drive and Highway 62, and San
Jacinto Road at La Estrellita Road, the City Council has adopted a Statement of
Overriding Consideration to approve the project in light of these visual impacts, which is
included below.
C. GROWTH INDUCING IMPACTS
' The City Council finds that the State CEQA Guidelines (Section 15126 (d))
require an EIR to discuss how a proposed project could directly or indirectly lead to
Resolution No. 22005
Page 29
economic, population, or housing growth. A project may be growth-inducing if it
removes obstacles to growth, taxes community service facilities or encourages other
activities which cause significant environmental effects. The discussion is as follows:
Southern California Association of Governments (SCAG) Regional
Comprehensive Plan and Guide (RCPG) provides general policies, objectives, and
goals for managing growth responsibly. The RCPG contains Growth Management goals
aimed at improving the regional quality of life through the development of urban forms
that enhance quality of life, accommodate a diversity of life styles, preserve open space
and natural resources, and are aesthetically pleasing and preserve the character of
communities.
Development of the Project represents an intensification of existing land use on
the site and surrounding area. Intensification of land use typically leads to some types
of growth-inducement. Growth in the Project area is usually induced in one of three
ways: (1) the "leap frog" effect; (2) the "multiplier" effect; or (3) introduction of a new
type of development to the area.
The "leap frog" effect concerns Project that require the extension of urban
infrastructure, such as water, sewer, electricity, roads, telephone, storm drainage, etc.,
to a new area that is not contiguous to existing urbanization. Leap frog development is
considered growth-inducing because it renders adjacent land more developable due to
' the availability of the extended infrastructure. The proposed Project would not extend
any additional infrastructure to the sites and it is not considered a "leap frog"
development; thus, the proposed Project would not contribute to significant growth-
inducement of this type.
The "multiplier" effect occurs when a Project that is large relative to the
surrounding area induces community growth. This growth need not necessarily occur
adjacent to the site or be of the same use as the development itself. A Project of
sufficient magnitude can initiate a growth cycle in the community that could result in
major alteration of community size and character. An example of this type of growth
would be the development or redevelopment surrounding a major new sports facility or
regional shopping center. The proposed Project would not induce population growth as
operations would only require approximately ten employees. The additional electric
supply produced by the Project to Southern California's regional grid would not induce
growth, either, but is instead a response to growth in demand for electricity.
Introduction of a new type of development to an area can establish a precedent
for additional development of a similar or supporting character. As a WECS
development in an area dominated by wind energy development and following the
precedent set by many preexisting windfarm Projects on adjacent property, the Dillon
Wind Project alone would not significantly induce the development of similar or
supporting new uses in the vicinity.
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Because development would occur in an area where necessary infrastructure
has already been extended, and for the other reasons discussed above, the proposed
Project is not considered to have a significant growth-inducing impact.
D. FEASIBILITY OF PROJECT ALTERNATIVES
The City Council finds that it has considered the following alternatives identified
in the EIR No. 487 in light of the environmental impacts which cannot be fully avoided
or substantially lessened and has rejected those alternatives as infeasible for the
reasons hereinafter stated:
1. No Project Alternative
The No Project Alternative is required by CEQA. No Project, under CEQA, is
interpreted to mean that the Project would not be built. Under the No Project
Alternative, it is assumed that the Project as proposed would not occur and the Project
sites would remain in their present land use condition as semi- disturbed vacant desert
land.
a. Adverse Impacts avoided by the No Project Alternative
With the No Project alternative, the environmental impacts associated with
construction and operation of the proposed WECS Project would not occur. Project
impacts other than visual impacts are not significant; with respect to those other
impacts; the No Project alternative does not offer a significant benefit when compared
with the Project alternative. The No Project alternative would avoid the significant visual
impacts identified in Section 6.1 of the EIR, and this does represent a significant
difference from the Project Alternative. Other than this avoidance of visual impacts, the
No Project alternative does not offer any significant benefit in terms of decreased or
avoided impacts to the human and natural environment.
b. Beneficial Impacts eliminated by the No Project Alternative
While the negative visual impacts associated with the placement of Project wind
turbines would be eliminated, this would occur at the expense of eliminating a range of
environmental, energy, and economic benefits from the proposed project to the local
and regional community.
C. Environmental Benefits Eliminated
The No Project alternative would eliminate the significant environmental benefits
offered by the Project when compared with other available means of meeting the local
and regional energy demand. As discussed in EIR Section 4.3, "Project Objectives," the
proposed WECS Project has the primary purpose of producing energy from renewable
wind resource consistent with SB 1078 designed to help protect California's
environment and quality of life, with the specific result of reducing greenhouse gases as
Resolution No, 22005
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a component of energy production. The proposed Project would directly offset the
demand for energy produced by conventional fossil-fueled power plants. As such, the
Project would result in a net reduction in air pollutant emissions.
Wind turbines, such as the ones proposed, rated at 1 MW each, would typically
generate three million kw-hrs per year. The proposed 45 turbines, rated at 1 MW each,
for a total Project rating of 45 MWs would result in an approximate reduction of
approximately 186 million pounds of CO2, 9.6 million pounds of S02, and 5.8 million
pounds of NOx. (DEIR, Section 6.2). In addition, reductions are also anticipated for
other pollutants such as PM10, PM2.5, VOCs, and toxic air contaminants.
d. Energy-Specific Environmental Benefits Eliminated
The No Project alternative would eliminate the benefits of renewable energy
offered to the local community by the Project. Wind energy benefits the local
community by providing clean and renewable energy that reduces our reliance on other
energy sources that rely on diminishing resources and produce harmful emissions. The
45 Project turbines will produce enough energy to power approximately 13,500 homes.
The energy produced by the Dillon Wind Project will go directly onto Southern California
Edison's power grid for distribution to its customers, including those residing in the
Coachella Valley. Energy rates are established by the CPUC for entire service
territories, and wind energy helps reduce the cost of power below what it would be
' otherwise because wind power is cheaper than other forms of energy such as gas-fired
electricity.
Additionally, the No Project Alternative would not provide the energy benefits and
realization of the goals set forth in the San Gorgonio Pass Wind Energy Policy Area in
the County of Riverside General Plan or the Energy Industrial General Plan as set forth
by the City of Palm Springs. These adopted plans and policies make clear the local
government's desire to concentrate wind energy development in an area determined to
be one of the most productive, appropriate, and efficient in the nation.
e. Economic-Specific Environmental Benefits Eliminated
With the No Project alternative, the project would not be constructed and the
need for energy might be met by projects in other parts of California or the western U.S.
This would deprive the local community of the Project's economic benefits. The project
over its project life will contribute at least $12 million in property tax payment, helping to
fund and improve local public services for the citizens of Riverside County. The project
also will create approximately 30 to 60 construction jobs and 5 to 10 on-going operation
and maintenance jobs, and these local jobs will have a trickle-down benefit for
businesses patronized by the project employees.
Resolution No. 22005
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2. Relocation or Elimination of Certain Turbines Alternatives
a. Based on the evaluation of visual resources, it was determined that there
remains a potential for a significant impact to visual resources from locations
represented by the views from Seeley Road at Westside Drive and State Scenic
Highway 62 (see EIR Section 6.1.4.3.3). The elimination of turbines (specifically
Turbines Al-A-10, located parallel to State Scenic Highway 62) was considered as a
potential method to reduce or eliminated visual impacts.
b. The significant visual impact identified in Section 6.1.4.3.3 of the EIR from
locations represented by the views from Seeley Road at Westside Drive and State
Scenic Highway 62 would be avoided if this alternative were to be implemented.
Conversely, the Project's beneficial impacts related to air quality and energy production
would not be achieved. As noted above in the discussion of the "No Project" alternative,
the proposed Project would offset the demand for energy produced by conventional
fossil-fueled power plants. As such, the Project would result in a net reduction in air
pollutant emissions. Elimination of turbines Al through A10 represents a large part of
the Project and would considerably reduce the expected benefits from the reduction of
pollutants such as CO, PM10, PM2.5, VOCs, and toxic air contaminants. Additionally,
this alternative would not maximize the benefits and realization of the goals set forth in
the San Gorgonio Pass Wind Energy Policy Area in the County of Riverside General
Plan. Elimination of these turbines might make the Project infeasible.
3. Other Locations
When determining whether off-site locations should be considered in an
alternatives analysis, the lead agency (the County) determines whether the examination
of such alternatives is appropriate given the physical characteristics of the project, the
project purposes, and the extent to which alternative off-site locations would
substantially lessen or avoid significant impacts.
The County has determined that an alternative site for the Project was not
appropriate to be analyzed in this discussion because the balance of sites in the San
Gorgonio Pass which are large enough to accommodate 45 MW wind energy Project,
are already developed with WECS, or do not have wind energy characteristics
comparable to the proposed sites, and therefore, the associated costs in developing
this Project elsewhere would result in a higher cost for the energy produced due to a
higher per-unit cost. Wind energy in general, and the Applicant's objectives specifically,
necessitate delivering renewable power at the lowest cost in order to be competitive in
the deregulated market. Wind velocity is the single most significant variable affecting
the economic performance of WECS related Projects and the wind potential at the
proposed site is among the highest of developable sites in California for commercial
' wind energy Projects. In addition, the proposed site has existing road access and
interconnection lines with available capacity nearby. The site also has very little
topographic relief, which allows development without necessitating extensive site
Resolution No. 22005
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grading and the impacts and costs associated therewith. Development of an' alternative site would not meet the Applicant's objectives of producing the lowest cost of energy by
utilizing one of the very windiest and least costly sites to develop. Additionally, the
Applicant does not own or have access to a comparably sized, windy site in the area.
Finally, the choice of an alternative location within the San Gorgonio WPA would be of
comparable visibility from an adjacent community in the region and would not provide a
means to reduce the significant visibility of these vertical elements. Based on all of
these factors, an alternative site was eliminated from further consideration.
II. STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council finds that it has balanced the benefits of project against the
significant and unavoidable adverse environmental impacts in determining whether to
approve the project, and has determined that the following benefits outweigh and
render acceptable those environmental effects and unavoidable adverse environmental
impacts:
A. Based on the findings herein approving the project, the draft
environmental impact reports, the entire record, oral and written testimony, the
supplemental findings contained in the DEIR and other evidence received at the public
hearings on the project, the Council finds that there is substantial evidence that the
project will bring substantial benefits to the City, including environmental, energy,
economic, legal, social, technological, and other benefits that outweigh the significant
effects that cannot be mitigated to a less than significant level.
B. The City Council has hereby determined that the aesthetic/visual impacts
of the project are the only impacts that are at a significant level and therefore the
statement of overriding consideration focuses on the factors that contribute to those
impacts and the public benefits that outweigh them.
C. The City Council hereby finds that with the advent of wind power, the San
Gorgonio Pass has become well known as a man-made landscape with more than
2800 wind turbine generators dominating the landscape. The project is sited entirely
within the County Wind Energy Policy Area and the City Energy Industrial General Plan
and Zoning designation and is considered an in-fill wind energy project. Area 5 is
entirely surrounded by wind turbines, and areas 1 and 3 are located immediately
adjacent to existing wind turbines. There are more than 500 turbines within '/z mile of
the project.
Based on these and other factors identified in the DEIR and FEIR, the aesthetic
analysis has correctly characterized the overall Dillon Wind project study area as a
landscape that has been greatly transformed from its natural condition to one with a
mixed industrial /rural character. In light of these conditions the addition of wind
turbines does not create a significant visual/aesthetic impact to all locations. In located
designated in Section 6.1 of the FEIR the proposed turbines in Areas 1 and 3 would
appear as recognizable new structures but the would be in the contexts of existing
transmission lines in the foreground with numerous vertical elements. Panoramic
Resolution No. 22005
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photos in the FEIR demonstrate that the visual impacts at these locations are less than
' significant-
D. The City Council hereby finds that the visual simulations have determined
that significant unavoidable visual impacts to the area do occur at Seeley Road at
Westside Drive, from San Jacinto Road at Estrella Road, and from Highway 62 from
two alternate locations based on the location of the Right-of-way. The specific location
and range of these impacts are further demonstrated in Appendix F of the DEIR. The
Board hereby finds that the applicant has attempted to minimize these impacts by
minimizing its scenic resources setback variance request to be based solely on the
unique characteristics of the property and pre-existing road alignments. The applicant
has further minimized these impacts by shifting location of turbines A-1 through A-10
east toward the center of the Area 1. However, even with the adjustments the project
would still have a significant, unavoidable visual impact as illustrated in Appendix F.
E. The City Council hereby determines, based on the evidence presented
and in light of the entire record, that the applicant has mitigated these impacts to the
greatest extent feasible, and that some significant visual impacts remain. The City
Council hereby finds that the alternative discussed in Section 9 of the DEIR analyzed
the impacts of a project located a greater distance from Highway 62 or eliminated
entirely. The City Council hereby finds that the relocation of these turbines would not
significantly reduce the visual impacts produced by the project, and that elimination of
these turbines would reduce the amount of electricity produced by the project and
would considerably reduce the expected environmental benefits of the project. Because
of these unavoidable visual impacts the City Council is hereby issuing this Statement of
Overriding Considerations to approve the project in light of these visual impacts.
F. The City Council hereby finds that the red synchronized lights at night
from the project are in compliances with FAA regulations, that such light would only
occur on a portion of the turbines at night, and that the FAA lighting would contribute
incrementally to an unavoidable cumulative significant impact. New lighting Guidelines
issued by the FAA on 2/1/07 will be followed by the proposed project to further minimize
potential adverse impacts from FAA lighting. This lighting is acknowledged to be
visible, however this lighting is required for aviation safety and is less intrusive than the
lighting previously required by the FAA before the new guidelines. The applicant has
obtained FAA clearance for 45 to 52 turbines, with the expectation that approximately
17 will be lighted. The proposed mitigation for visual impacts includes directional
shields, or motion detectors to prevent spillover glare, no reflective finishes and other
measures. The City Council hereby concludes that the applicant has mitigated these
lighting impacts to the greatest extent feasible, and that he extensive benefits of the
project enumerated in the Statement of Overriding Considerations significantly
outweighs the adverse environmental impacts that may result from these aviation
lighting impacts.
' G. The City Council hereby resolves that the visibility of the project from the
City of Desert Hot Springs (DHS) was fully analyzed in the DEIR and that additional
Resolution No, 22005
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views were provided in the FEIR at Appendix F to provide additional clarity regarding
that visibility. The City Council hereby finds that these visual simulations demonstrate
that the project is not visible or minimally visible from key locations of DHS.
H. The City Council hereby resolves and finds that the DEIR and the FEIR
fully evaluated the potential of environmental impacts on adjacent and nearby
properties, and has determined based on evidence contained therein and in the entire
record, that the project will not have a significant effect on their contemplated continued
use for residential development, based on visual or other factors. Because the
Riverside County San Gorgonio Pass Wind Energy Policy Area abuts land zoned for
residential development, wind turbines on adjacent property would always have a visual
impact, and these impacts were contemplated during the designation of the Wind
energy Policy Area. The General Plan for the County of Riverside, as adopted by this
Board of Supervisors, has determined that WECS development in the designated areas
of the County are compatible with other uses including potential residential
development. The County hereby finds that evidence provide in the record of this
project demonstrate that wind energy facilities currently existing in Riverside County,
Palm Springs and throughout the United States on sites adjacent to residentially zoned
and occupied properties and the adjacency of these uses does not created negative
environmental impacts when implemented according to prescribed criteria.
1. The City Council hereby finds that the County, as part of its environmental
review of the project, considered a variety of turbine locations to reduce the
aesthetic/visual impacts of the project. Wind projects in Riverside County and Palm
Springs must be located in the specified portions of the San Gorgonio Pass Wind
Energy Policy Area or the Palm Springs Energy Industrial Plan, which have excellent to
good wind energy capacity. The Dillon site is within those zones. The City Council
hereby finds that the other critical factors that determined the selection of alternatives
included the presence of existing transmission infrastructure, proximity to an existing
Devers substation, and presence of pre-existing WECS uses on the sites. The City
Council hereby finds that off-site locations within these areas would not reduce the
specific visual impacts of concern and off-site locations outside of the wind energy zone
were not considered appropriate or feasible-
J. The City Council hereby finds that additional efforts have been made to
reduce the visual impacts of the proposed project. To this end the applicant has
submitted amended exhibits that show seven of the 52 proposed turbine locations will
not be constructed, noting that the project changes described reduce the overall energy
efficiency of the project. A project without the Scenic Resources setback variance
would consist of seven fewer turbines in WECS 116, Area 1, due to the need to
observe safety setback distances from existing and future transmission line corridors
crossing through Area 1 and safety setbacks to property boundaries and minimum
spacing between individual turbines and between turbine strings. Such additional
eliminations will out into the overall viability and efficiency of the project and potential to
provide clean renewable energy in keeping with the project purposes.
Resolution No. 22005
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K. A project that had no visual impacts would result in a much smaller WECS
' array and a significant loss in wind energy capture. A reduced number of turbines, as
noted in the FEIR, would produce no or fewer beneficial impacts related to air quality
and energy production. As discussed in Section 4.3, the proposed project would
produce energy from renewable wind resource consistent with SB 1078 and designed
to help protect California's environment and quality of life and it would offset the
demand for energy produced by conventional fossil-fueled power plants.
The City Council finds that the project would provide the following project
benefits:
A. Environmental Benefits
1. The project will further the goals of the Energy Industrial General Plan
adopted by the City of Palm Springs, the San Gorgonio Pass Wind Energy Policy Area
of Riverside County, and the State of California Renewable Portfolio Standard, Global
Warming Act and other similar programs in the State. The Project carefully coordinates
the planning process to minimize environmental impacts from the construction and
operation of the Project. The benefits of the Project include offsetting the need for
electricity generated from fossil fuel by supplying renewable energy, and helping the
State further reduce greenhouse gases, among other benefits as more specifically
detailed below.
2. The Project will preserve more than 98 percent of the parcels on which
the Project is located as open space, allowing for continued use of the area by plant
and animal species while displacing more intense industrial, urban, or residential uses
that could be built on the same property.
3. The Project will result in an approximate air emissions reduction of
approximately 186 million pounds of carbon dioxide, 9.6 million pounds of SO2 and 5.8
million pounds of NOx.
4. The Project will offset the demand for electricity generated from fossil
fuels and thereby assist the State in meeting its air quality goals and reducing
greenhouse gases.
B. Energy Benefits
1. Approval of the Project will aid the City in maximizing the beneficial uses
of wind resources and substituting renewable energy resources for non-renewable
energy resources.
2. The Project will help the State meet its legislated Renewable Energy
Portfolio Standards for the generation of renewable energy in the state, which require
' investor-owned utilities to purchase 20 percent of their power from renewable sources
by the year 2010.
Resolution No. 22005
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' 3. The Project will make full utilization of the San Gorgonio Pass Wind
Energy Policy Area, thereby concentrating wind turbines in appropriate locations in the
unincorporated area of Riverside County.
4. The Project will develop a wind energy project within an area of excellent
to good wind characteristics in order to maximize energy production and provide low
cost renewable, non-polluting electricity.
D. Economic Benefits
1. The Project will provide approximately 80 new full-time jobs during
construction of the Project, and approximately 10 permanent full-time employees.
2. The Project will provide economic benefits to the County and its residents
by increased spending in the community as a result of construction and development
related work and by payment of $12 million in property taxes (that estimate is based on
current local tax rates), while placing very few demands on community services such as
water, wastewater, traffic, or schools.
3. The Project will also increase spending on goods and services in the
community by Project operators.
4. The Project will contribute funds to the Riverside County Wind
Implementation Monitoring Program in order to study the evolution of wind energy
technology, identify means to solve environmental and community impacts, and provide
for an ability to respond with changes in the County's regulatory structure.
In light of the foregoing economic, social, technological, recreational and
planning benefits to the City, pursuant to CEQA Guidelines section 15093, the City
Council finds and determines that these considerable benefits of the Project outweigh
the Project's unavoidable adverse effects, and the "adverse environmental effects" that
cannot be mitigated to a level of environmental insignificance, are deemed
"acceptable."
VI. INCORPORATION BY REFERENCE
The DEIR and FEIR are hereby incorporated into these Findings in its entirety,
and no recirculation of the environmental document is required.
A. Without limitation, this incorporation is intended to elaborate on the scope
and nature of Mitigation Measures, the basis for determining the significance of
impacts, the comparative analysis of alternatives, and the reasons for approving the
Project in spite of the potential for associated significant and unavoidable adverse
impacts. No material or substantial changes to the DEIR were proposed as a result of
' the public comment process. The FEIR responds to comments and makes only minor
technical changes, clarifications or additions to the DEIR. The minor changes,
Resolution No. 22005
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clarifications and additions to the DEIR do not identify any new significant impacts or a
substantial increase in the severity of any environmental impacts-
B. The Applicant proposes to delete one turbine in Area 3, and relocate 10
turbines in Area 1 and 6 turbines in Area 3 to eliminate its request for a safety setback
variance, and to further comply with the scenic resources setback criteria. The total
number of turbines is 46, and other project features (number and typical configuration
of access roads, underground collection lines, substation, switchyard and are
unchanged. These siting changes are consistent with all the applicable impact
analyses and constraints set forth in the Draft EIR, and County does not anticipate that
any of these adjustments would result in any new or more severe environmental
impacts than were analyzed, including visual, biological (including avian), noise, land
use and geotechnical impacts.
VII. CONCLUSION
Based on the foregoing Findings and on the information contained in the record,
the City Council has made one or more of the following findings with respect to each
one of the significant impacts of the Dillon Wind Project:
A. Changes or alterations have been required in, or incorporated into, the
Project that mitigate or avoid the significant effects on the environment.
B. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that other
agency.
C. Specific economic, legal, social, technological, or other considerations
make infeasible the Mitigation Measures or alternatives identified in the environmental
impact report that would eliminate the significant environmental effects identified
therein.
D. Based on the foregoing Findings and the information contained in the
record, it is determined that
E. All significant effects on the environment due to the Dillon Wind Project
have been eliminated or substantially lessened where feasible.
Any remaining significant effects on the environment found to be unavoidable
are acceptable due to the factors described in the Statement of Overriding
Considerations contained in the FIER and as resolved herein.
Resolution No. 22005
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MITIGATION MONITORING AND REPORTING PROGRAM
1
Issue/Impact Mitigation Measures Responsible Mitigation Responsible
Party Trigger Agency
Aesthetics Construction:
AES-1 Storage and Cleanup. Dillon LLC and its contractors shall keep Project Building Permit Building &Safety
construction-related activity clean and inconspicuous by storing building materials Developer, Dept., Code
and equipment used for the proposed construction in staging areas and/or Contractor Enforcement
generally away from public view and shall remove construction debris promptly at
regular intervals.
AES-2 Re-contouring and Restoration, Dillon LLC and its contractors shall re- Project Occupancy Building &Safety
contour and restore all disturbed or graded areas to provide a natural-appearing Developer, Permit Dept., Planning
landform upon completion of construction. Contractor
AES-3 Re-vegetation. Dillon LLC. and Its contractors shall re-vegetate all Project Occupancy Building &Safety
disturbed areas using approved methods commonly used in Riverside County and Developer, Permit Dept. Planning
the City of Palm Springs to restore the natural vegetative communities to as near- Contractor
natural appearance as possible.
Operation:
AES -4 Use Only Law-Level, Directional, Shielded or Motion detector Project Building Permit Building &Safety
Lighting. In order to illuminate equipment and storage areas, Dillon LLC and its Developer, Dept„ Planning
contractors shall install only low-level, directional, shielded, or motion detector Contractor
lighting sufficient to limit spill-over glare and nighttime sky-lighting, The brightness
of this lighting shall be kept relatively low.
AES-5 No Reflective Surfaces. Dillon LLC and its contractors shall use no Project Building Permit Building &Safety
reflective surfaces in finishes and colors selected for all turbine structures. Developer, Dept., Planning
Contractor
AES-6 No Logos or Markings. Dillon LLC and its contractors shall not display Project Building Permit Building &Safety
any logos or prominent markings on the exterior of wind turbines towers, nacelles, Developer, Dept., Planning
or blades. Contractor
AES-7 Uniform Colors and Finishes. Dillon LLC and Its contractors shall use Project Building Permit Building &Safety
uniform light-gray, off-white colors and matte finishes on all external components Developer, Dept., Planning
of wind turbines structures to promote visual continuity. Contractor
Resolution No. 22005
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Issue/Impact Mitigation Measures Responsible Mitigation Responsible
Party Trigger Agency
AES-8 County WIMP Contribution, Dillon LLC and/or its contractors shall Project Building Permit County of
contribute to the County's WIMP fee, which provides on-going monitoring and Developer Riverside
offers a source of funds that can be applied to mitigating visual impacts related to
wind turbines.
AES-9 Establish Hotline Telephone Number. Dillon LLC and its contractors Project Building Permit Building & Safety
shall establish a hotline telephone number for receiving public questions or Developer, Dept., Planning
complaints and the number shall be posted at the sites of Area 1, 3, and 5. Any Contractor
complaints received regarding malfunctioning equipment and/or equipment failure
at the Project sites shall be responded to within 24 to 48 hours.
Air Quality AQ-1 Fugitive dust and air quality control techniques include, but are not limited Project Grading Permit Building & Safety
to, applying water or chemical dust suppressants, minimizing areas of disturbance Developer, Civil Dept., Code
through planning and execution, improving reads and driving areas, stabilizing Engineer, Enforcement
stockpiles, sweeping or washing trackout areas, covering trucks or provisions for Contractor
minimum freeboard heights when hauling loose materials, limiting vehicle speeds
on construction sites and access reads, and halting construction under high wind
conditions.
AQ-2 The Project shall be required to follow the regulations of the AQMD. Project Grading Permit Building &Safety
Developer, Dept., Code
Contractor Enforcement
Biological Resources BR-1 To mitigate for impacts to habitat, fencing for the Project areas shall consist Project Grading Permit Building &Safety
of three-strand barded wire, used specifically to allow animals to pass through the Developer, Dept., Planning
WECS array. Contractor
BR-2 Impacts made by direct removal of vegetation, regardless of protection Project Occupancy Building & Safety
status, shall be mitigated by replanting any vegetation removed. Developer, Permit Dept., Planning
Contractor
BR-3 Trash dumping may be curbed by the Project because the sites will be Project Grading Permit Building & Safety
cleaned prior to construction, and security fencing will discourage future dumping Developer, Dept., Code
in Pro ect areas. Contractor Enforcement
BR-4 The proposed Project shall preserve a majority of the land (approximately Project Grading Permit Planning
97%) as open space. This allows for continued use of the area by plant and Developer
animal species, and displaces more intense industrial, urban, or residential uses
that could be built on the same properties,
Resolution No. 22005
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Issue/impact Mitigation Measures Responsible Mitigation Responsible
Party Trigger Agency
BR-5 To minimize the potential for bird collisions, the design elements of the wind Project Grading and Building &Safety
turbines at Project areas are as follows: Developer, Civil Building Permit Dept., Planning
a. All areas are sufficiently far from the Whitewater River ponds to minimize Engineer,
collisions with birds flying from any water sources along the W hitewater Structural
floodplain. Engineer,
b. All areas are generally low in elevation and not in narrow passes. Contractor
c. The towers shall use a monopole design that eliminates perching areas
for birds.
d. The turbine heights are 99.7 m (327 ft.), including the rotational height of
the blade. This height exceeds the tower heights of Altamont Pass.
However, because the area is at a low elevation relative to known
migratory flight paths, this additional height is not anticipated to
significantly increase bird collisions.
e. Turbine revolutions per minute (rpm) - 19.8 rpm -are well below the 100
to 140 rpm of older wind turbines. The blades should remain visible to
high-flying birds.
f. The lower arc of the blades is 38.3 m (125,7 ft.) above the ground, well
above the heights typically used by the burrowing owl and other low flying
birds during their daily movements on-site, as noted in the site
observations presented in Table 6.3.4.
g. Collector lines, if above ground, shall cam with APLIC standards.
BR-5 Although desert tortoise are unlikely to be found on the Project site, the Protect Grading Permit Building &Safety
following mitigation measures shall help reduce or eliminate potential impacts: Developer, Dept., Planning
h. The Applicant shall engage a biologist with desert tortoise expertise to be Biologist,
available if a desert tortoise is encountered on site during construction or Contractor, Civil
operation of the proposed Project. Engineer
i. The Applicant shall conduct training for all construction personnel
regarding the possible presence of desert tortoise within the Project
vicinity via a formal training program conducted on-site by a qualified
biologist.
j. If a desert tortoise is located, construction personnel should immediately
stop all construction in the immediate area, cover any nearby
excavations and contact the desert tortoise biologist Upon arrival, the
biologist shall determine if anything needs to be done to manage the
desert tortoise's safety and determine how to remove the tortoise. Where
applicable, biologists will follow the Desert Tortoise Council's "guidelines
for Handling Desert Tortoises During Construction Projects" (Desert
Tortoise Council 1994).
k. If a desert tortoise is observed on-site during construction, the Applicant
shall implement full-time monitonn b, qualified biologists until the
Resolution No, 22005
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Issue/Impact Mitigation Measures Responsible Mitigation Responsible
Party Triciaer Agency
completion of the Project.
I. Desert tortoise fencing will be erected around unattended excavations. All
excavations shall be inspected for desert tortoise (and other wildlife
species) each morning before work commences and each evening after
work concludes. Where possible, boards or other suitable objects
leading from the bottom to the top shall be placed in the excavations to
provide wildlife an escape exit during the night. If a desert tortoise, at any
time, is found on the Project areas, excavations shall be covered or
barricaded at night and backflled as quickly as possible to prevent
desert tortoise from falling and being trapped in the excavations.
m.After equipment has been idle for more than 15 minutes, the area
beneath it should be thoroughly checked for desert tortoise that may
have wandered under it for shade or shelter.
n. The Applicant shall maintain an on-site speed limit of no more than 20
mph within the Project areas and shall require all personnel to stop any
equipment whenever a desert tortoise is located in the areas.
BR-7 The Applicant shall implement the following measures to reduce or Project Grading and Building & Safety
eliminate the potential for impacts to burrowing owls: Developer, Building Permit Dept„ Planning
o. Preconstruction surveys during the breeding season (February 1 to Biologist
August 31)would identify burrows for excavation (unoccupied burrows),
or occupied burrows that require installation of one-way doors. Dillon
would notify the CDFG prior to burrow excavation or one way door
installation so that a third party monitor can be present, if the agencies
deem that to be necessary.
p. All excavation of unoccupied burrows, artificial burrow creation and
discovery, and installation of one-way doors (or equivalent mechanisms)
would be completed prior to the onset of the peak nesting period (April
to May).
q. During the peak of the breeding season (April through May) Dillon would
conduct at least one survey event within one week of construction in
burrowing owl habitat.
r. Any burrows that cannot be avoided would be mitigated at a 2:1 ratio
with artificial burrows located in an adjacent protected area that provides
a minimum 6.5 acres per pair or solitary owl.
S. Once it has been determined that the burrow is no longer active, the
burrow shall be filled in.
BR-8 The Applicant shall implement the following measures to reduce or Project Grading Permit Building & Safety
eliminate the potential for impacts to raptors: Developer, Dept., Planning
Resolution No, 22005
Page 44
Issuelimpact Mitigation Measures Responsible Mitigation Responsible
Party Tr Agency
t. If a raptor nest is discovered during construction it should be mapped, Biologist
flagged, and designated a 'no disturbance zone' during the construction
phase. Active raptor nests may require timing restrictions for
construction or operation activities, or alterations to the turbine design
plan. High raptor use in some areas may be avoided by considering
alterations to the planned turbine layout.
u. To reduce the potential for adverse effects to raptors using the project
area, collection and transmission lines should be buried to the extent
practicable (as is proposed). Where overhead lines are constructed,
USFWS recommends that potential for bird electrocutions and bird
strikes be reduced through implementation of measures outlined in the
Avian Protection Plan (APP) Guidelines (APLIC and USFWS 2005),
Suggested Practices for Avian Protection on Power Lines: The State of
the Art in 2006 (Edison Electric Institute 2006), Suggested Practices for
Raptor Protection on Power Lines: The State of the Art in 1996 (Edison
Electric Institute 1996), and Mitigating Bird Collisions with Power Lines:
The State of the Art in 1994 (Edison Electric Institute 1994). Use of guy
wires on meteorological towers and transmission line poles should be
avoided whenever feasible.
Cultural Resources CR-1 In order to further reduce the Project's potential impact on paleontological Project Grading Permit Building &Safety
resources and/or cultural resources of historic or archaeological significance to a Developer, Dept., Planning
less than significant level, the following mitigation shall be implemented: Archaeologist,
a. Prior to Project implementation, all non-archaeological Project personnel Paleontologist,
shall attend a training/education session that explains the importance of, Contractor
and legal basis of, the protection of significant archaeological resources.
Personnel shall be briefed or given a training brochure regarding
identification of cultural resources, reporting finds, and preservation.
b. If the construction staff or others observe previously unidentified
archaeological resources during construction activities, they shall halt
work in the vicinity of the find(s), and immediately notify a qualified
archaeologist so that the resource(s) may be examined, evaluated, and
the significance assessed as soon as possible.
c. If any human remains are encountered during construction activities,
work shall halt and the Riverside Coroner's Office shall be contacted
within 24 hours. If a county coroner were to determine that human
remains discovered on Project lands were Native American, Section
7050.5 of the California Health and Safety Code and Section 5097.98 of
the Public Resources Code would apply. These laws require that the
county coroner notify the Native American Herita e Commission NAHC
Resolution No,22005
Page 45
Issuefirripart Mitigation Measures Responsible Mitigation Responsible
Party Trigger Agency
when a Native American grave is found. The NAHC would then notify a
most likely descendant to inspect the burial site and make
recommendations for treatment or disposal.
d. If cohesive beds of fine-grained sediments suggesting either lacustrine or
low energy fluvial deposits or sediments matching published Iithologies of
the Palm Springs Formation are encountered during construction, a
qualified professional vertebrate paleontologist shall be retained to
examine the sediments and more fully assess their fossil-bearing
potential. If the assessment results in a determination of high
paleontologic sensitivity, a mitigation plan consistent with the provisions of
CEQA, the regulations implemented by the City of Palm Springs, and the
proposed guidelines of the Society of Vertebrate Paleontology shall be
prepared and implemented.
Geology/Soils GEO-1 Preventive measures to reduce seasonal flooding and erosion shall be Project Grading Permit Building &Safety
incorporated into the grading plans. Dust control measures shall be implemented Developer, Civil Dept.
during construction. Engineer,
Contractor
GEO-2 In order to reduce the Project's potential hazards to a level of Project Grading Permit Building & Safety
insignificance, the following mitigation measures shall be implemented: Developer, Civil and Building Dept., Planning
a. The geotechnical engineering recommendations of the report entitle Engineer, Permit
"Preliminary Draft Geotechnical Engineering Report for Dillon Wind LLC, Geotechnical
52 MWT-1000A Turbines on Three Site Areas Near Dillon Road, North Engineer,
Palm Springs Area of Riverside County, California" and attached as Structural
Appendix F of the EIR shall be consulted and implemented during Project Engineer
design and construction.
b. The Protect area is in seismic Zone 4, is of soil type profile Type SD, and
is located less than 2 km from a Type A seismic source as defined in the
California Building Code. A qualified professional shall design any
permanent structure constructed on the sites. The minimum seismic
design shall comply with the 2001 edition of the California Building Cade.
c. Relocate Turbine A-11 (Alternate) at least 25 ft away from the San
Andreas fault line or remove it from the final layout.
d. Retain a qualified geotechnical engineer to conduct observations of the
foundation excavations for turbines 1-9 and 1-10 to verify that a fault does
not cross the excavation. If a fault is detected, the excavation should be
backfilled and the foundation offset at least 25 ft from the observed fault.
e. Maintain a 25-ft setback from identified faults to wind turbine foundations
based on precedence set at other W ECS Projects.
GEO-3 The soils are susceptible to wind and water erosion. Preventative Project Grading Permit Building &Safety
measures to reduce seasonal floodin and erosion should be incorporated into Developer, Civil Dept., Code
Resolution No. 22005
Page 46
Issue/Impact Mitigation Measures Responsible Mitigation Responsible
Party Trigger Agency
site grading plans. Dust control should also be implemented during construction. Engineer, Enforcement
Contractor
Navigational Interference NI-1 The Project shall implement the recommendations of the FAA Project Building Permit Building & Safety
determinations for lighting. Developer, Dept., Planning
Contractor
NI-2 The Project proponent shall contribute to the County's Wind Implementation Project Building Permit County or
Monitoring Program (WIMP) fee, which provides on-going monitoring and offers a Developer Riverside
source of funds that can be applied to mitigating navigational impacts related to
W ECS.
Noise None None None None
Radio/Television/Electronic RTEI-1 To avoid any effects to microwave signals in the area, all of the turbines Project Building Permit Building & Safety
Equipment Interference have been designed to stay clear of the Worst Case Fresnel Zones (WCFZs) Developer, Dept., Planning
associated with all microwave beam paths that cross the site. The Applicant has Contractor
commissioned an off-air television signal measurement study to document the
current(pre-Project)strength of television signals in the Project area. If residents in
the area complain of poor television interference after the Project is completed,the
Applicant shall measure the television signal strength and compare it to the
documented pre-Project signal strength. If the Project is determined to be the
source of an impaired signal, then the Applicant shall work with residents to mitigate
the issue e. ., by providingan improved antenna, signal booster, or cable access).
Transportation/Traffic: TRANS-1 The necessary permits shall be obtained from Caltr21ns and the City of Project Grading Permit Building &Safety
Palm Springs Department of Public Works prior to the start of construction.All Developer, Dept., Planning,
roadway features shall be protected or restored to the extent feasible if disturbance Contractor Public Works
is unavoidable.
TRANS -2 A Traffic Control Plan shall be prepared for all affected roadways. Project Grading Permit Building &Safety
Developer, Civil Dept., Public
En sneer Works
TRANS-3 The City will conduct a public access route inspection prior to Project Grading Permit Public Works
construction, at the half-way point of construction, and upon completion of Developer
construction,with expenses borne by the Applicant.
Wake Effects WEA The Applicant shall obtain a variance from the wind access setback or Project Grading Permit Planning
waivers from adjacent landowners agreeino to the elimination of these setbacks. Developer
EXHIBIT C
' Case No. 5.1115 —CUP & 6.493-VARIANCE
WEST OF INDIAN AVENUE, NORTH OF 1-10, SOUTH OF DILLON ROAD & EAST OF
HWY 62
July 25, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS:
PLANNING DEPARTMENT:
' 1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
1a. 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 5.1115 — CUP and
6.493-VAR. The City of Palm Springs will promptly notify the applicant of any
such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by
the City Attorney. If the City of Palm Springs 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 further indemnification hereunder,
' 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.
Resolution No. 22005
Page 48
' 2. Non-compliance with any of the conditions of this approval, or with City codes
and ordinances, State laws; any valid citizen complaints or policing and safety
problems (not limited to excessive alcohol consumption, noise, disturbances,
signs, etc) regarding the operation of the establishment; as determined by the
Chief of Police or the Director of Planning Services, may result in
commencement of proceedings to revoke the Conditional Use Permit pursuant to
Section 94.02.00 of the Zoning Code. In addition, violations of City Codes and
Ordinances will result in enforcement actions which may include citations, arrest,
temporary business closure, or revocation of this permit in accordance with law.
3. Commencement of the Conditional Use Permit approval shall be valid for a period
of two (2) years. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
4. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal period
has concluded.
5. No storage facilities of any kind shall be permitted except as approved as a part
of the proposed plan.
6. This use shall comply with the provisions of Section 11.74 Noise Ordinance of
the Palm Springs Municipal Code. Violations may result in revocation of this
Conditional Use Permit.
7. 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. No building or structure shall be closer than fifty (50) from any road right-
of-way or lot line and no building or structure shall exceed thirty (30) feet
in total height unless otherwise approved by the Planning Commission.
c. No advertising sign or logo shall be placed or painted on any equipment.
No more than one (1) unlighted advertising sign relating to the
development shall be located on the project site. Prior to installation of
any advertising signs, a sign permit shall be obtained from the
Department of Planning and Zoning.
d. Construction, operation, and maintenance traffic shall be restricted to the
hours between 6:00 AM to 10:00 PM, except for emergency maintenance
' of the co-generation equipment, and shall not present a dust, noise, and
light nuisance.
Resolution No. 22005
Page 49
e. The South Coast Air Quality Management District, 2002 Coachella Valley
' PM-10 State Implementation Plan (SIP) regulations shall be implemented
with regard to the use of unpaved public and private roads within the
properties used by Dillon Energy. The developer shall be responsible for
monitoring average daily traffic counts, and if the average daily traffic
using unpaved public and private roads within the properties used by
Dillon Energy exceeds the SIP thresholds, the facility operator shall be
responsible for bringing the use of those roads within compliance of the
SIP regulations, including posting speed limit signage or installing other
speed control measures, installing permanent dust stabilizers, or paving.
f. The permittee may be required to submit periodic monitoring reports
containing data on the operations and environmental impacts of this
WECS facility permit including, but not limited to noise, hydrogen
production, safety maintenance, and sightings of threatened or
endangered species. Upon written notice from the City of Palm Springs
requiring such a report, the permittee shall prepare and submit the
required report within forty-five (45) calendar days.
8. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, the color of the turbine
shall be white as shown on the approved plans on file with the Department of
' Planning Services and as approved by the City of Palm Springs Planning
Commission.
9. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, all transmission lines
connecting Area 5 to Areas 1 and 3 shall be undergrounded by an underground
cable system.
10. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of the wind energy
conversion systems, and the storage facility, legible signs warning of electrical
and other hazards shall be posted gated entry points to the project site at a
height of three to five feet above the ground.
11. PRIOR TO FINAL BUILDING INSPECTION APPROVAL a secure six (6) foot
high fence, shall be erected along the perimeter of the project site and shall be
maintained at all times during the life of this permit. The fence shall be subject to
the approval of the Department of Planning Services. Final design and locations
for fencing may be modified with approval by the Planning Department.
12. All the mitigation measures contained in the Final Environmental Impact Report
(FEIR) shall be applicable to this project.
1
Resolution No. 22005
Page 50
FIRE
1. Private streets shall have a minimum width of at least 20 feet, pursuant to California
Fire Code 902.1 however, a greater width for private streets may be required by the
City engineer to address traffic engineering, parking, and other issues.
2. The applicant will comply with all requirements of the Palm Springs Fire Department.
BUILDING
17. The applicant will obtain permits for all construction involved with the site.
ENGINEERING
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
GRADING
' 3. Submit a Rough Grading Plan prepared by a California registered civil engineer to
the Engineering Division for review and approval. A Fugitive Dust Control Plan shall
be prepared by the applicant and/or its grading contractor and submitted to the
Engineering Division for review and approval. The applicant and/or its grading
contractor shall be required to comply with Chapter $.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 have
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 www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with
the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Engineering Division prior to approval of the Grading plan. The
Grading Plan shall be approved by the City Engineer prior to issuance of grading
permit.
' a. The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Resolution No. 22005
Page 51
Approval; a copy of a final approved conformed copy of the Site Plan; a copy
' of current Title Report
3. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No.
760-346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to issuance of a grading
permit. (Include for projects in excess of 1 acre).
4. The area in which this project is situated is indicative of desert soil conditions
found in many areas of Palm Springs. The Engineering Division does not require
a soils report. This does not mean that subterranean conditions unknown at this
time may not affect construction done on this site. A soils report shall be
required only if necessary as part of the Building Department's review and
approval of associated building plans.
5. 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 (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
ON-SITE
6. The proposed on-site maintenance road for the project must comply with the City
of Palm Springs Municipal Code 8.50.024. Permanent dust control material
alternatives must be submitted for approval to the City Engineer prior to issuance
of a grading permit.
GENERAL
7. All proposed utility lines shall be installed underground.
8. 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.
' 9. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
Resolution No. 22005
Page 52
drawing "as-built" information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
TRAFFIC
10. Construction signing, lighting and barricading shall be provided for on all projects
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 State of California, Department of Transportation, "Manual of Traffic
Controls for Construction and Maintenance Work Zones" dated 1996, or
subsequent additions in force at the time of construction.
11. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
ENVIRONMENTAL MITIGATION
Noise
1. The permittee shall comply with the following WECS permit operational noise
standards:
a. The WECS shall not be operated so that noise is created exceeding an exterior
level of 55 db(A). In the event noise or sound pressure levels exceed the above
standards, the WECS operator shall take the necessary steps to remedy the
situation, which may include discontinued operation.
b. The Planning Department shall investigate WECS noise and sound pressure level
complaints. The Planning Department representatives or designees 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 at no cost
to any government agency in order to allow the Health Department representative to
make reasonable field evaluations.
Cultural Resources
2. If human remains are encountered, State Health and Safety Code Section 7050.5
states that no further disturbance shall occur until the Riverside County Coroner has
made the necessary findings as to origin. Further, pursuant to Public Resource
Code Section 5097.98(b) remains shall be left in place and free from disturbance
until a final decision as to the treatment and disposition has been made. If the
' Riverside County Coroner determines the remains to be Native American, the
Native American Heritage Commission shall be contacted within a reasonable
Resolution No, 22005
Page 53
timeframe. Subsequently, the Native American Heritage Commission shall identify
the "most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98.
3. If during ground disturbance activities, unique cultural resources are discovered that
were not assessed by the archaeological report(s) and/or environmental
assessment conducted prior to project approval, the following procedures shall be
followed. Unique cultural resources are defined, for this condition, as being multiple
artifacts in close association with each other, but may include fewer artifacts if the
area of the find is determined to be of significance due to its sacred or cultural
importance. 1. All ground disturbance activities within 100 feet of the discovered
cultural resources shall be halted until a meeting is convened between the
developer, the archaeologist, the Native American tribal representative and the
Planning Director to discuss the significance of the find. 2. At the meeting, the
significance of the discoveries shall be discussed and after consultation with the
Native American tribal representative and the archaeologist, a decision shall be
made, with the concurrence of the Planning Director, as to the appropriate mitigation
(documentation, recovery, avoidance, etc.) for the cultural resources. 3. Grading of
further ground disturbance shall not resume within the area of the discovery until an
agreement has been reached by all parties as to the appropriate mitigation.
4. Tribal monitor(s) from the Agua Caliente Band of Cahuilla Indians shall be required
on-site during all ground disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor from the Agua Caliente Band of Cahuilla Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a signed
contract between the above mentioned Tribe and the land divider/permit holder for
the monitoring of the project, and which addresses the treatment of cultural
resources, to the Planning Department and to the Department of Building and
Safety. The Native American Monitor(s) shall have the authority to temporarily divert,
redirect or halt the ground disturbance activities to allow recovery of cultural
resources.
5. The project archaeologist shall submit a written report to the Planning Department of
the results of the initial consultation, and the final results of the sub-surface cultural
resource recovery plan, if recovery was deemed necessary. The written report shall
be submitted prior to final inspection and certification of project grading.
Aesthetics/Lighting
6. The following measures shall be observed throughout the construction and
operational life of the permit as indicated by Draft EIR No. 487, Section 6.1.5.2,
page 28: a. Use only Low-Level, Directional, Shielded or Motion Detector Lighting b.
No reflective surfaces c. No logos or markings d. WECS and towers have uniform
Resolution No. 22005
Page 54
white colors and finishes e. County WIMP contribution f. Establish hotline telephone
number
7. Syncronized FAA lighting shall be used with the WECS project in order to reduce
the number of required FAA warning lights. The permit holder shall establish a "hot
line" number for receiving public complaints, which will be legible and posted at a
publicly accessible location at the site. The "hot line" sign shall be maintained in
good condition at all times. Any complaints received regarding malfunctioning
equipment at the project site shall be responded to within 24-48 hours by the permit
holder as indicated by Draft El No. 487, Section 6.1, pages 28-29.
8. Prior to building permit issuance of the first WECS, the permit holder shall submit
three (3) folded blueprint copies of the FAA Lighting Plan and associated documents
to the Planning Department depicting the amount of lighting as indicated by EIR No.
487,
Biological Resources
9. Direct removal of any vegetation type, regardless of protection status, shall be
mitigated by replanting any and all vegetation removed. Prior to issuance of a
grading permit, trenching, or any other form of ground disturbance a re-vegetation
plan must be submitted to the Planning Department for review and approval. The
report must be prepared by a qualified biologist and must quantify the types and
amount of vegetation to be removed. The report must also provide a timeline for the
implementation of the re-veg plan and must define the success criteria. The report
must also provide details about the degree to which the site will be re-vegetated.
Direct removal of any vegetation type, regardless of protection status, shall be
mitigated by replanting any and all vegetation removed. Prior to grading permit
issuance, trenching, or any other form of ground disturbance a re-vegetation plan
must be submitted to the Planning Department for review and approval. The report
must be prepared by a qualified biologist and must quantify the types and amount of
vegetation to be removed. The report must also provide a timeline for the
implementation of the re-veg plan and must define the success criteria. The report
must also provide details about the degree to which the site will be re-vegetated.
10.Prior to final inspection, a report must be submitted to the Planning Department
indicating that the project site has been re-vegetated according to the criteria and
recommendations outlined in the approved re-vegetation plan
11.Prior to issuance of a grading permit, a pre-construction presence/absence survey
for the burrowing owl shall be conducted by a qualified biologist within the proposed
areas of disturbance as well as within the 150 meter buffer area. The results of this
presence/absence survey shall be provided in writing to the Planning Department for
review. Preconstruction surveys during the breeding season shall identify all
' occupied and unoccupied burrows and CDFG shall be notified. To avoid potential
impacts, no disturbance shall occur within 50 meters of occupied burrows during the
Resolution No. 22005
Page 55
non-breeding season (September 1 through January 31) or within 75 meters during
the breeding season (February 1 through August 31). During the breeding season
pre-construction surveys shall be conducted within one week of any ground
disturbance. If destruction of occupied burrows is unavoidable, existing unsuitable
burrows would be enhanced (enlarged or cleared of debris) or new burrows created
(by installing artificial burrows at a 2:1 ratio on an on or off-site protected area that
provides a minimum of 6.5 acres per pair or solitary owl. Where disturbance to
occupied burrows cannot be avoided during the nesting season, written approval
from CDFG along with the following specific mitigation measures will be
implemented as described below: Mitigation and relocation shall follow CDFG
approved guidelines/protocol. All excavation of unoccupied burrows, artificial burrow
creation and discovery, and installation of one-way doors (or equivalent
mechanisms approved by CDFG), shall be completed prior to burrowing owl nesting
season unless a qualified biologist, approved by CDFG, through non-invasive
methods confirms that either: (1) the birds have not begun egg-laying and
incubation: or (2) that juveniles from the occupied burrows are foraging
independently and are capable of independent survival. All proposed mitigation
plans must be submitted to EPD and Planning Department for review. All mitigation
and burrow creation must be implemented and completed prior to issuance of a
grading permit. All surveys, mitigation outlines, and survey findings must be
submitted to EPD & wildlife agencies (CDFG & USFWS) for review.
' 12.Prior to issuance of a grading permit, a desert tortoise survey must be conducted by
a qualified biologist in accordance with approved USFWS survey protocols. The
survey results must be submitted to the Planning Department, and wildlife agencies
(CDFG & USFWS) for review. This survey is valid for 30 days; if a grading permit is
not issued within that time frame an additional survey may be required. If any
tortoise is encountered wildlife agencies, along EPD and Planning Department, shall
be informed. A desert tortoise construction monitoring and management report shall
be submitted to EPD, Planning Department & wildlife agencies for review. The
qualified biologist shall conduct full-time monitoring until the completion of the
project. If desert tortoise is observed on site at any time the following guidelines
shall be followed and a report summarizing the findings must be submitted to the
Planning Department & the wildlife agencies prior to final inspection: Exclusion
fencing around all work areas identified for impact and excavation shall be
established and a qualified biologist shall monitor the exclusion fencing throughout
the duration of the construction period. All excavation areas shall be inspected for
wildlife each morning before work commences and after work has concluded
Excavations and trenches shall be covered or properly barricaded with appropriate
fencing when left unattended or when there is no active work in progress to prevent
desert tortoise from being trapped. After equipment has been idle for more than 15
minutes the area beneath it shall be checked for desert tortoise Speed limit of no
more than 10 mph within the project areas is required. All personal and equipment
will be required to stop if a desert tortoise is located in the project area. All survey
' results, including copies of completed survey transects, must be submitted to EPD,
Planning Department, CDFG and USFWS within 30 days of all completed surveys.
Resolution No. 22005
Page 56
13.Prior to issuance of a grading permit, a vegetation clearance survey for Le Conte's
Thrasher must be conducted by a qualified biologist. This report must be submitted
to the Planning Department, and wildlife agencies (CDFG & USFWS) for review. If
Le Conte's Thrasher nests are observed during the survey, CDFG, USFWS, and the
Planning Department must be immediately consulted regarding a Le Conte's
Thrasher mitigation and monitoring report. This survey is valid for 30 days; if a
grading permit is not issued within that time frame an additional survey may be
required.
14.Prior to issuance of a grading permit, the applicant shall submit the proposed survey
protocols for the one year of post construction avian & bat monitoring. Theses
protocols shall be submitted to the Planning Department and to the wildlife agencies
(CDFG & USFWS) for review.
15.Prior to the issuance of a grading permit, the permit holder shall submit a report
from a qualified biologist, subject to the approval of the Planning Department,
addressing the mitigation measures contained in EIR No. 487 and verifying that the
mitigation measures contained in the Biological Report have been incorporated into
the design, improvement and construction procedures of this project.
16.Prior to issuance of a grading permit, it shall be demonstrated by a qualified biologist
that mitigation measures such as completion of training of construction personnel
regarding possible presence of the desert tortoise and all other mitigation measures
as required in EIR No. 487 for the desert tortoise have been completed in
conformance with the mitigation measures of the EIR.
17.Prior to issuance of a grading permit, it shall be demonstrated by a qualified biologist
that mitigation measures, such as completion of a pre-construction survey prior to
ground disturbance, and all other mitigation measures as required in EIR No. 487 for
the burrowing owl are completed to the satisfaction of the Planning.
18.The permit holder shall retain a qualified biologist to prepare and submit a written
report to the Planning Department regarding biological monitoring and compliance
during project grading. The report shall address mitigation measures as outlined in
EIR No. 487.
19.The permit holder shall submit to the approval of the Planning Department a written
statement from a qualified biologist that the project conforms to raptor protection
guidelines and that biological mitigation measures established by EIR NO. 487 and
federal and state agencies have been completed prior to the issuance of building
permits.
20.Prior to issuance of building permits, a pre-construction survey shall be conducted
' within one week prior to ground disturbance. The purpose is to identify any desert
tortoises found on the site for relocation or salvage, in the area of construction. Pre-
Resolution No. 22005
Page 57
' construction surveys shall cover 100 percent of the area covered in the WECS 117
permit. The project qualified biologist shall submit a written statement for the
approval of the Planning Department.
21.Prior to issuance of building permits, a pre-construction survey shall be conducted
within one week prior to ground disturbance to identify burrowing owls found on the
site for relocation or salvage, in the area of construction. Pre-construction surveys
shall cover 100 percent of the area covered in the permit. The project qualified
biologist shall submit a written statement for the approval of the Planning
Department.
22.The land divider/permit holder shall file seven (7) sets of a Wall/Fencing Plan to the
Planning Department for review and approval. The plan shall show all project
fencing including, but not limited to, perimeter fencing and/or fencing around groups
of turbines for security purposes. Subject fencing shall consist of three-strand
barbed wire fencing. A typical frontal view of all fences shall be shown on the
fencing plan.
Traffic
23.Prior to issuance of a building permit for any WECS and towers, the permit holder
shall submit for the approval of the Planning Department and the Public Works and
' Engineering Department a final off-site access route plan which shall address
mitigation measures of EIR No. 487 and shall provide for avoidance of delivery
routes in residential areas. The plan shall discourage left hand movements of
construction and operational vehicles into the project site. The plan shall include
maps, diagrams and types of vehicles and delivery times to fully describe all aspects
of off-site access to the property.