HomeMy WebLinkAbout23403 RESOLUTION NO. 23403
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING IN PART A REQUEST
FOR THE DEDICATION OF 7.75 ACRES OF "TAKE" FROM THE
WHITEWATER RIVER CONSERVATION AREA CONDITIONAL
ON THE APPROVAL OF ALL APPLICABLE AGENCIES AND
JURISDICTIONS OF AN EQUIVALENT AMOUNT OF NEW LAND
("LIKE EXCHANGE") TO BE ADDED TO THE CONSERVATION
AREA PURSUANT TO THE GUIDELINES OF THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN,
FOR DEVELOPMENT OF A 3 MEGAWATT SOLAR ENERGY
PRODUCTION FACILITY ON ROUGHLY 12 ACRES OF A 108-
ACRE PARCEL, LOCATED NORTH OF HIGHWAY 111, SOUTH
OF INTERSTATE 10 AT 58641 TIPTON ROAD (APN: 522-080-
065), ZONE 0-5 (OPEN SPACE) AND W (WATERCOURSE)
(CASE 5.1277).
WHEREAS, Whitewater Solar Farm 1, LLC, "applicant', has filed an application
with the City pursuant to Sections 94.02.00 (Conditional Use Permit) of the Zoning
Code requesting approval for development of roughly 12 acres of a 108-acre parcel for
a 3 megawatt Solar Energy Production Facility at 58641 Tipton Road; and
WHEREAS, a notice of public hearing for Case 5.1277 CUP was given in
accordance with applicable law; and
WHEREAS, on October 24, 2012, a public meeting on Case 5.1277 CUP was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, at said meeting the Planning Commission opened the public hearing
and continued the hearing to a date certain of November 14, 2012, and
WHEREAS, The CUP application is considered a project under the definitions of
the California Environmental Quality Act (CEQA). The City Planning Commission
evaluated the project including the Conditional Use Permit and the Take request under
CEQA Guidelines and determined that the project has the potential to cause significant
impacts. A Mitigated Negative Declaration (MND) was prepared and circulated for a
twenty day public review and comment period. No comments were received that
yielded new information that would necessitate recirculation of the environmental
analysis. The City believes the analysis is a complete description of the project, its
potential adverse impacts and the owner/applicant has agreed in writing to the
recommended Mitigation Measures that will reduce any potentially significant impacts to
less than significant levels; and
WHEREAS, the Planning Commission carefully reviewed and considered all of
the evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented and voted
unanimously to approve the CUP subject to the conditions of approval, and to
recommend that the City Council review and approve the Take request with an
Resolution No. 23403
Page 2
equivalent amount of undisturbed land in the conservation area dedicated to CVCC for
permanent conservation by the landowner as a condition of approval; and
WHEREAS, on December 5, 2012, a properly noticed public meeting on Case
5.1277 was held by the City Council in accordance with applicable law; and
WHEREAS, at said meeting the City Council took public testimony and
continued the case to a date uncertain to allow a subcommittee of the Council to
develop a draft policy for the allocation of Take; and
WHEREAS, on July 3, 2013, a properly noticed public meeting on Case 5.1277
was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the guidelines of the Coachella Valley Multiple Species
Habitat Conservation Plan (MSHCP) approximately 7.75 acres of the proposed project
are located in the Whitewater River Conservation Area. As such the project applicant is
requesting 7.75 acres of 'Take" be allocated for the project. The Take is comprised as
shown in Table 1 on the following page.
Resolution No. 23403
Page 3
TABLE 1: Whitewater River Conservation Area-Summa of Pro osed Take
Current Acres of
Authorized
Disturbance Total Acres Proposed Total
(This is roughly of Proposed Disturbance Acres of
10% of the total Disturbance as a New
Conservation habitat that (Take) Percentage Conserva Remarks/ Explanation
Objective exists. This is requested of Current tion
the acreage by the Authorized proposed
available for the proposed Disturbance by this
City to"Take" project (Take) project.
and give to
development)
Coachella
Valley Round- The project proposes to use only
tailed Ground 328 acres 1 acre 0.3% 0 1 acre of Take from this species'
Squirrel—Core habitat
Habitat
There would be 97.8% of the
Palm Springs authorized Take for this species'
Pocket Mouse 347 acres 7.75 acres 22% 0 habitat remaining for the City to
—Core Habitat potentially allocate to other future
development over the 75 year life
of the MSHCP
Le Conte's There would be 98% of the
Thrasher— authorized Take for this species
Other Facres
7.75 acres 2.0% 0 habitat remaining for the City to
Conserved potentially allocate to other future
Habitat development over the 75 year life
of the MSHCP
There would be 98% of the
authorized Take of the sand
Sand Transport7.75 acres 2.0% 0 transport corridor remaining for
the City to potentially allocate to
other future development over the
75 year life of the MSHCP
There would be 91.4% of the
authorized Take of the
Whitewater Whitewater River Corridor
River Corridor 90 acres 7.75 acres 8.6% 0 remaining for the City to
potentially allocate to future
development over the75 year life
of the MSHCP.
Resolution No. 23403
Page 4
SECTION 2. In considering the subject request for Take, the City Council
evaluated the proposed project against criteria that is similar to that found in the County
of Riverside Take Policy, and makes the following findings:
a. The community need for the proposed development (such as the creation
of affordable housing).
The proposed development of a 3 megaWatt solar energy production facility on this
parcel would have the capability of producing electricity from a clean, reliable,
alternative energy source.
b. The potential for the proposed development to create employment
opportunities.
The proposed solar energy production facility would generate employment opportunities
for construction of the facility, and jobs for periodic site visits to inspect, repair and
clean the panels during the operation of the facility. The City Council concludes that
employment opportunities would be created as a result of the allocation of Take for this
proposed project.
c. The potential for contributing to the economic viability of the City.
The proposed solar energy production facility has a potential for contributing to the
economic viability of the City because jobs would be created.
SECTION 3. The City Council approves in part the request for 7.75 acres of
Take from the Whitewater River Conservation Area conditional on the applicant
obtaining full approval from all applicable agencies and jurisdictions to add an
equivalent amount of new land ("Like Exchange") to the conservation area under the
guidelines of the Coachella Valley Multiple Species Habitat Conservation Plan for
Case 5.1277.
ADOPTED THIS 3RD DAY OF JULY, 2013.
' � I
ATTEST:
DAVID H. READY, ANAGER
I
MES THOMPSON, CITY CLERK
Resolution No. 23403
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Resolution No. 23403 is a full, true, and correct copy, and was
adopted at a regular meeting of the City Council held on July 3, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
eMES THOMPSON, CITY CLER
City of Palm Springs, CaliforniaO-7eglza 3