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HomeMy WebLinkAbout24179 RESOLUTION NO. 24179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM ("WECS") ON TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE 1-10 FREEWAY (CASE 5.1406). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. On December 15, 1998, the City Council of the City of Palm Springs ("City") and the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe') entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe's final approval and authority over projects on Tribal Land. B. On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977 with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement. C. Pursuant to Section 7 of said Agreement, the City Council and the Tribal Council may Wave procedural requirements of the Agreement, as follows: 7. Waiver. With the approval of both parties, any part of the foregoing process may be waived if the Project is not deemed significant or if the project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated. D. On December 21, 2016, the Tribe submitted to the City a Project Report for a 3.0 megawatt WECS facility to be developed on 79.96 acres of Tribal Trust land near the intersection of Highway 111 and the 1-10 freeway. E. The Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement. F. On February 15, 2017, the City Council conducted a public meeting and considered the matter, including the Project Report, the Administrative Review, the Conformity Report, and related exhibits. G. The City Council has concluded that the proposed WECS facility is generally consistent with the goals of the City of Palm Springs General Plan, generally consistent Resolution No. 24179 Page 2 with the development standards of the Palm Springs Zoning Code, and is generally consistent with the height of other WECS facilities previously approved in the City of Palm Springs. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Conformity Report, dated February 15, 2017, including the suggested conditions contained in Exhibit "A" attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe. SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case 5.1406) as outlined in the Agreement for Tribal/City Land Use Coordination on Certain Parcels, is hereby waived: Section 5. Joint Meeting. "...Within thirty (30) days (of the City Council's adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project ;more conforming with the rules, regulations, and ordinance of both the City and the Tribe." ADOPTED THIS 15T" DAY OF FEBRUARY, 2017. David H. Ready, Esq., City Manager ATTEST: Kathleen D. Hart, MMC r&q Interim City Clerk Resolution No. 24179 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24179 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 the 15th day of February, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24179 Page 4 EXHIBIT A Case 5.1406 — Conformity Report Southeast Corner of Highway 111 and the 1-10 Freeway February 15, 2017 CONDITIONS OF APPROVAL The recommended conditions below are provided by the Director of Planning Services, the Director of the Building & Safety Department, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition. PLANNING DEPARTMENT CONDITIONS PLN 1. Height. The Tribal Council shall make findings that the height of the proposed WECS facility is justified by special circumstances relative to the topography, location, or surroundings of the subject site; does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and that the height will not be materially detrimental to the public health, safety, convenience, or welfare. PLN 2. Setbacks. The Tribal Council shall make a determination that the reduced setback from Highway 111 ("Scenic Setback") does not substantially eliminate or reduce considerations of scenic value. In addition, the applicant is encouraged to obtain Wind Access Waivers from any affected adjoining property owners. PLN 3. Noise. A WECS facility shall not be operated inconsistent with the provisions of Chapter 11 .74 (Noise Ordinance) of the Palm Springs Municipal Code. PLN 4. General Requirements. The following restrictions are encouraged relative to the occupancy and use of the subject property: a. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining properties or public rights-of-way. b. No building or structure shall be closer than fifty (50) feet from any road right-of-way or lot line and no building or structure shall exceed thirty (30) feet in total height, with the exception of the WECS facility. 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. Resolution No. 24179 Page 5 d. The applicant is encouraged to monitor the environmental impacts of the WECS facility, including, but not limited to, noise, hydrogen production, safety maintenance, and sightings of threatened or endangered species. PLN 5. Paint Color. The color and finish of the WECS facility shall be either light environmental colors (such as off-white, gray, beige or tan) or darker fully- saturated colors (such as dark blue or green, maroon, or rust red) or galvanized. All WECS facilities shall have a matte or galvanized finish. PLN 6. Fencing. Fencing, or other appropriate measures, shall be required to prevent unauthorized access to the WECS facility. Legible signs warning of electrical and other hazards shall be posted at any gated entry points to the project site at a height of three to five feet above ground. PLN 7. Transmission Lines. All new transmission lines connecting the turbine wind generator shall be undergrounded by an underground cable system. PLN 8. Removal. Any unsafe or inoperable WECS facility which has not generated power for twelve (12) consecutive months is declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal. ENGINEERING DEPARTMENT CONDITIONS STREETS ENG 1. It is recommended that the applicant shall obtain State permits and approval of plans for any work done on State Highway 111. ENG 2. It is recommended that upon completion of that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the off-site debris basin improvements constructed by the applicant for which the easement was dedicated through the Bureau of Indian Affairs. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. GRADING ENG 3. It is recommended that a Precise Grading Plan Precise Grading Plan prepared by a California registered Civil engineer be submitted to the Agua Caliente Band of Cahuilla Indians (ACBCI) Engineering Division for review and approval. It is recommended that the Grading Plan be approved by the Agua Caliente Band of Cahuilla Indians (ACBCI) prior to issuance of grading permit. Resolution No. 24179 Page 6 ENG 4. It is recommended that a Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Agua Caliente Band of Cahuilla Indians (ACBCI) Engineering Division with the first submittal of a grading plan. ENG 5. It is recommended that the applicant provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. It is recommended that no certificate of occupancy be issued until the required certification is provided to the Agua Caliente Band of Cahuilla Indians (ACBCI). ENG 6. It is recommended that a mylar copy of the approved Grading Plan be provided to the City Engineering Division for the City's information, use and files. GENERAL ENG 7. It is recommended that all proposed utility lines shall be installed underground. ENG 8. It is recommended that all existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 9. It is recommended that the applicant shall become a part of Underground Service Alert (USA) so that it can be included in the USA Alert database of underground facilities in the general area, so that others can be notified of their existence prior to their excavation activities. FIRE DEPARTMENT CONDITIONS FID 1. It is recommended that the applicant work with the City of Palm Springs to install street identification blade signage on Wendy Road and Tipton Road to assist emergency personnel in responding to any calls for service at the site. END OF CONDITIONS