HomeMy WebLinkAbout7/3/2013 - STAFF REPORTS - 1.C. OppALM s'04
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Cq<lFOAN�P CITY COUNCIL STAFF REPORT
DATE: July 3, 2013 PUBLIC HEARING
SUBJECT: WHITEWATER SOLAR, LLC 7.75 ACRES OF 'TAKE" PURSUANT TO
THE GUIDELINES OF THE COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN. FOR DEVELOPMENT OF ROUGHLY
12 ACRES OF A 108-ACRE PARCEL FOR A 3 MEGAWATT SOLAR
ENERGY PRODUCTION FACILITY LOCATED AT 58641 TIPTON ROAD
(APN:522-080-065) (CASE 5.1277).
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
The subject project is a 3 MegaWatt solar energy production field, located on roughly
12-acres of a 108-acre parcel. Roughly 7.75 acres of the proposed 12-acre project are
located in the Whitewater River Conservation Area as defined by the MSHCP. The City
Council must determine whether to allocate 7.75 acres of `Take" from the Whitewater
River Conservation Area to allow the project to proceed. This is the first project in the
City to request Take under the MSHCP.
RECOMMENDATION:
ADOPT RESOLUTION NO. _, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING IN PART 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 (CVMSHCP) FOR
DEVELOPMENT OF A 3 MEGAWATT SOLAR ENERGY PRODUCTION FACILITY ON
A ROUGHLY 12 ACRE PORTION OF A 108-ACRE PARCEL AT 58641 TIPTON ROAD
(APN: 522-080-065.)
PRIOR ACTIONS:
On October 2, 2008, the Coachella Valley Multiple Species Habitat Conservation Plan
(MSHCP) became effective. The Palm Springs City Council adopted the plan as a
ITEM NO. �•
City Council Staff Report July 3, 2013
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 2 of 7
means of streamlining the environmental review process for development projects
within the City.
On October 24, 2012, the Planning Commission opened the public hearing on Case
5.1277 CUP and continued the item to a date certain of November 14, 2012. On
November 14, 2012, the Commission reviewed the project and voted unanimously to
approve the CUP for a 3 megawatt solar energy production facility on roughly 12 acres
of a 108-acre parcel. The commission also recommended that the City Council approve
the request for 7.75 acres of Take associated with the project including dedication of
7.75 acres of undisturbed land on the parcel within the conservation area to the CVCC
for permanent conservation.
A previous project (5.1240-B CUP) on the same 108-acre parcel, involving removal of
nine wind turbines and replacing them with three was evaluated under the guidelines of
the MSHCP in 2010. The area of disturbance in the conservation area was not
increased with that project and thus no Take request was necessary for the approval of
that project.
On December 5, 2012, the City Council opened the public hearing on the subject case,
heard testimony on the Take request and continued the case to a date uncertain. The
Council established a subcommittee (Mills, Lewin) to develop and recommend to the
Council a policy for the long term disposition and allocation of Take over the remaining
71 year life of the CVMSHCP.
On December 12, 2013, January 1gt" and May 23`d, the subcommittee of Mills and
Lewin met with staff to consider a draft policy on the allocation of Take. A draft Take
policy has been created, modeled on the one used by the County of Riverside, which
will be considered by the Council at a later date.
BACKGROUND:
The Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP)
This plan established a comprehensive streamlined approach to balancing development
and land conservation throughout the Coachella Valley. As a permittee under the
MSHCP, the City Council has agreed to the terms and conditions set forth in the
guidelines imposed by the plan. The relevant aspects of the plan that apply to this
project are summarized below.
A portion of the aforementioned solar project (7.75 acres) lies within the Whitewater
River Conservation Area. This conservation area serves as critical habitat for three
endangered species as well as a sand transport for the movement of sand from the
mountains to various conservation areas on the valley floor and is a "corridor" linking
conservation areas. Nearly the entire 108-acre parcel is located within this conservation
area. When a project proposes development in a conservation area, the area in the
conservation area that is needed for the development is called `Take'.
02
City Council Staff Report July 3, 2013
Case 5.1277 CUP—A Request for"Take' under the Coachella Valley Multiple Species Conservation Plan
Page 3 of 7
The MSHCP and the request for "Take".
The MSHCP uses the concept of "Take" to allow limited development in areas
designated as "Conservation Areas". The valley cities and county all have conservation
areas within their jurisdictional boundaries. Essentially, the MSHCP allows 10% of the
private land in each of these conservation areas to be developed. It also gives each
jurisdiction control over how this Take is allocated. "Take" is quantified in terms of
acreage. Each jurisdiction has a certain number of acres of "Take", and each acre of
approved development (in a conservation area) is deducted from the total Take allowed
for the jurisdiction. When the City approves an application for a development in a
conservation area, it gives to the developer a portion of its allocated acreage of Take for
each species, habitat, and/or natural process (such as sand transport) that is impacted.
Within each conservation area, there is established acreage of Take for each
endangered species that is covered by the MSHCP, as well as what are called
"essential ecological processes" (such as sand transport) and "corridors" (linkages
between conservation areas). For example, in the Whitewater River Conservation Area,
there is habitat for at least three Covered Species, the Essential Ecological Process of
sand transport and a Corridor (which is the Whitewater River itself). The three listed
endangered species found in this particular conservation area are: the Coachella Valley
Round-tailed Ground Squirrel, the Palm Springs Pocket Mouse, and the Le Conte's
Thrasher. In addition to the river corridor itself, it is also defined as a sand transport
corridor. Sand that washes down from the mountains to the north with wind and water,
flows through the project site and continues on to replenish sand that is essential critical
habitat further down valley.
Evaluating a "Take"request.
There is a limited amount of acreage of Take in each unique conservation area and for
each covered species. Therefore, the City needs to be judicious in allocating portions of
its Take to any particular development, so there is enough Take left during the
remaining 71 year Iifespan of the MSHCP to allocate to future development.' For
example, in the Whitewater River Corridor, the City has 90 acres of available Take (this
represents roughly 10% of the total conservation area in the Whitewater River corridor).
The proposed project would use up 8.6% of the available 10% (90 acres) of Take in this
corridor.
One aspect to consider in evaluating Take requests is what other development might be
anticipated within this conservation area in the future. The Whitewater River
Conservation Area overlays approximately the same area designated in the City's
Zoning Map in this general vicinity as Watercourse. Section 92.20.01 of the Zoning
Code lists the permitted uses for the Watercourse Zone; of which there are relatively
few: such as energy uses, golf courses and driving ranges, quarries and agricultural
uses. The parcel that is associated with this project is already developed with wind
turbines as are many others in the vicinity.
I If a jurisdiction allows more than its allocated Take acreage in conservation areas to be developed, it is
in violation of the MSHCP permit which could lead to lawsuits or other actions against the MSHCP permit
by the California Department of Fish and Game and U.S. Fish &Wildlife Service. 03
City Council Staff Report July 3, 2013
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 4 of 7
The aspect of this Take request that is notable is the Take of the Whitewater River
Floodplain itself. With only 90 acres of Take available, the project would use up 8.6% of
the City's available Take of the Whitewater River Floodplain.
The Table attached in Exhibit "A" shows the various covered species and the acreage of
habitat impacted by the Take Request.
Land Purchases by the CVCC for Conservation.
Another aspect of the MSHCP is the Coachella Valley Conservation Commission's
(CVCC) ongoing purchase from private landowners of acreage in the designated
conservation areas to permanently set aside for conservation. These land purchases
throughout the valley are paid out of variety of sources including monies collected from
all development projects in the valley through the payment of Local Development
Mitigation Fees (or "LDMF") (These fees are usually paid at the time of issuance of
building permits on almost every project in the valley).
Rough Step.
The purchase of new acreage by the CVCC and the allocation of Take by each
jurisdiction must be in Rough Step with each other. Rough step means there must be
acreage purchased and set aside for conservation in roughly the same proportion as the
acreage of Take that the City gives away. The CVCC is constantly purchasing new
acreage in conservation areas which helps stay in rough step but it is each jurisdiction's
responsibility to manage allocation of its Take and conform to the rough step
requirements.
One way the City can assist in the efforts to stay in rough step, is to require landowners
to deed to the CVCC an equivalent amount of undisturbed acreage within the
conservation area to that which they are requesting Take. Thus, for this particular solar
project, the City could approve the allocation of 7.75 acres of its Take in these
conservation areas for this project, and also require the landowner to deed at least 7.75
undisturbed acres of his parcel which is also in the conservation area to the CVCC to be
set aside for permanent conservation, as a condition of approval. Following such policy
over the long term could help the City to stay in rough step and move more acreage into
permanent conservation — which is the ultimate goal of the MSHCP.
Deeding the land to the CVCC helps the City stay in rough step; however it does not
"make whole" the City's total available acreage of Take. Once Take is used up, it is
gone.z Take also cannot be transferred from one conservation area to another without
the State and Federal Wildlife agency's approvals.
Like Exchange
Like Exchange is a concept in which an applicant seeking Take, proposes to give land
Z There is a mechanism called "Like Exchange' that can add acreage into a conservation area, but this is
extremely difficult to find natural conditions outside the conservation that qualify (or are "alike') for this
exchange.
04
City Council Staff Report July 3, 2013
Case 5.1277 CUP-A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 5 of 7
OUTSIDE a conservation area to the CVCC to add to the total acreage of the
conservation area in exchange for receiving acreage of Take WITHIN the conservation
area for development. It results in a boundary adjustment for the conservation area in
question and requires concurrence (approval) by the Wildlife agencies of the proposed
exchange. An excerpt from Section 6.12.2 "Like Exchanges to Conservation Areas" is
attached.
Like Exchange is difficult to achieve because the unique habitat characteristics of each
conservation area often do not exist elsewhere. The MSHCP states, "...A Like
Exchange must result in equal or greater benefits to Covered Species, and conserved
natural communities, as compared to those benefits analyzed in the CVMSHCP..." In
short the applicant must find land (usually adjacent to the conservation area in question)
of equal or greater quality and characteristics to the habitat, ecological processes, and
species covered as compared to the Conservation Area in which the Take request is
located. The Wildlife agencies will evaluate the proposed Like Exchange application
and make a determination whether they concur with the proposed exchange. If the
Wildlife agencies do not concur, fulfillment of the proposed Like Exchange request
would require approval of an amendment to the CVMSHCP. (Major amendments are
required for changes in boundaries to conservation areas which among other things
requires approval from all eighteen permittees.)
ANALYSIS AND FINDINGS:
The City Council will need to decide if it wishes to allow a portion of its Take (7.75
acres) from these conservation areas to be used for this project and whether to require
any dedication of undisturbed land to the CVCC for permanent conservation.
In considering the subject request for Take, staff evaluated the proposed project against
criteria that is similar to that found in the County of Riverside Take Policy, and made the
following findings:
In considering the merit of granting additional Take allocation, the Planning Director shall
consider
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. Thus, job opportunities would be created as a result of the allocation of Take for this
proposed project.
05
City Council Staff Report July 3, 2013
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 6 of 7
c. The potential for contributing to the economic viability of the City.
The proposed solar energy production facility has potential for contributing to the
economic viability of the City because jobs would be created as a result of the allocation
of Take for the installation of this solar field.
CONCLUSION:
The options before the City Council are:
1. Approve the Take Request and require the landowner to dedicate an equivalent
amount of undisturbed land on his parcel within the conservation area to the
Coachella Valley Conservation Commission to be set aside for permanent
conservation (Planning Commission Recommendation)
2. Approve the Take Request with no equivalent amount of land conservation set-
aside required.
3. Approve the Take Request with the condition that the applicant dedicates to the
Coachella Valley Conservation Commission an equivalent amount of
undisturbed land to add to the conservation area so that the total acreage of the
conservation area is not reduced ("Like Exchange").
4. Deny the Take request.
FISCAL IMPACT:
None.
Mar o Wheeler, AICP David H. Rea
Director of Planning Services City Manage
Attachments:
1. Vicinity Map
2. Draft Resolutions
3. Excerpt from the CVMSHCP on Like Exchange
4. Planning Commission staff report and resolution for Case 5.1277 CUP with
attachments (JPR Final Report, letter from landowner, maps, etc.)
06
City Council Staff Report July 3, 2013
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 7 of 7
EXHIIBIT A - TABLE 1: Whitewater River Conservation Area- Summary of
Propose 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 Lion
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 usel
tailed Ground 328 acres 1 acre 0.3% 0 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 2.2% 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 381 acres 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 Transport 387 acres 7.75 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.
07
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CITY OF PALM SPRINGS
CASE NO: 5.1277 CUP DESCRIPTION: To consider a request for 7.75
acres of Take from the Whitewater River
- APPLICANT: Whitewater Solar Conservation Plan under guidelines of the
Farm 1, LLC Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP), for a 3 megawatt
solar energy conversion system located on 12
acres of a roughly 108-acre parcel at 58641
Tipton Road, Zone: Open Space (0-5) and
Watercourse (W).
08
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: July 3, 2013
Subject: Case 5.1277
Whitewater Solar Farm 1, LLC, 58641 Tipton Road
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on June 22, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk and on June 20, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
1W14F-Vh�
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on June 20, 2013, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (64 notices)
I declare under penalty of perjury that the foregoing is true and correct.
L-6-&
Kathie Hart, CMC
Chief Deputy City Clerk
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MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
P.O. BOX4738
PALM SPRINGS, CA 92263-4738
i�;, 1�,4� CITY OF PALM SPRINGS CASE 5.1277
� tra(V; 1 PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS
ATTN SECRETARY/5.1277 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS,CA 92262
PALM SPRINGS,CA 92263-2743
AM
F MS MARGARET PARK
� r i{- AGUA CALIENTE BAND OF CAHUILLA
INDIANS
5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISEF40 INDIANS LUEBBEN JOHNSON &BARNHOUSE,
1: = ,uIli+'; ATTN:JOSEPH ONTIVEROS LLP
Ih', ° CULTURAL RESOURCES MANAGER ATTN: RiICHARD C.WADE, PARALEGAL
it+�..: 7 P.O. BOX 487 74244 STREET NW
SAN JACINTO, CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM
87107
MR DAVID ALLEN MR AREK NOVAK
,1 �,,:-" WHITEWATER SOLAR FARM 1, LLC WHITEWATER SOLAR FARM 1, LLC
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w° ,�°, °_= 41856 IVY STREET, STE.210 41856 IVY STREET, STE. 210
MURRIETA, CA 92562 MURRIETA,CA 92562
SYBAC PHOTOVOLTAICS, LLC
41856 IVY STREET
SUITE 210
MURRIETA,CA 92562
14 "\-A u 45-
522080057 522080061
LOERA,MARIA D USA 522
1102 ALDGATE AVE
LA PUENTE,CA 91744 1
522080064 5220801065 ^
SOUTHERN CALIFORNIA EDISON CO COULTE Y R
PO BOX 800 PO BO 3065
ROSEMEAD,CA 91770 P SPRINGS,CA 92263
522080047 522080056
CHAMPLIN,ROBERT L TRUST HELMAND,ROBERT B
RETURNED MAIL 1280 LOS ROBLES PLACE 15210 N. SCOTTSDALE ROAD, STE.
POMONA,CA 91768 230
SOTTSDALE,AZ 85254
522080065 522070019
COULTER,RAY R CLAYTON A SUITT
PO BOX 807 7700 E. SPEEDWAY BLVD,APT, 1007
RANCHO MIRAGE,CA 92270 TUCSON,AZ 85710
009612765 516130003 516130009
SAN GORGONI IND ASSOC IV E L YEAGER CONSTRUCTION CO INC SOUTHERN CALIFORNIA EDISON CO
PO BOX 306 1995 AGUA MANSA RD PO BOX 800
PALM SP GS,CA 92263 RIVERSIDE,CA 92509 ROSEMEAD,CA 91770
522070006 522070017 522070018
HARRIS,ROBIN EISENBERGER, THA LYNNE SOUTHERN CALIFORNIA EDISON CO
59511 US HIGHWAY I 11 3663 BUCH AVE 96 2131 WALNUT GROVE AVE 2ND
PALM SPRINGS,CA 92262 RIVERSI ,CA 92503 ROSEMEAD,CA 91770
522070020 522070021
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UITF,C YTONASOUTHERN CALIFORNIA EDISON CO 522070022
1 LA Z2131 WALNUT GROVE AVE 2ND USA 522
SPRINGS,CA 92262 ROSEMEAD,CA 91770
522070026 522070027 522080003
SOUTHERN CALIFORNIA EDISON CO GABRYCH,EUGENE M&MARIAN G HOLLAND,WILLIE JAMES &
2131 WALNUT GROVE AVE 2ND 2006 OLD HIGHWAY 395 LORETTA
ROSEMEAD,CA 91770 FALLBROOK,CA 92028 3975 EL DORADO BLVD
PALM SPRINGS,CA 92262
522080005 522080006
BELLANCA,STEPHEN M& SHARON 522080007
A LE CHRISTINE NGOO KANG,SHIN E
5154 ARBOR WAY 1704 S 6TH ST 1 25585 EL TORO RD
SYLVANIA,OH 43560 ALHAMBRA,CA 91803 LAKE ELSINORE,CA 92532
522080008 522080009 522080010
STONER,LAWRENCE A&GLENDA S FRIENDS OF DESERT MOUNTAINS HIETZKE,WOLFGANG &INGRID
9413 EXETER AVE PO BOX 1281 406 CORONA DEL MAR 6
MONTCLAIR,CA 91763 PALM DESERT,CA 92261 SANTA BARBARA,CA 93103
522080011 522080012 522080015
PERIJA,ALETA R TRUST HILBON,STEVEN ARENDT,DIETER HUGO TRUST
2737 E ROBERTA DR 24241 RHONA DR 43155 PORTOLA AVE 61
ORANGE,CA 92869 LAGUNA NIGUEL,CA 92677 PALM DESERT,CA 92260
522080016 522080017 522080018
HUBER,ROBERT FRIENDS OF DESERT MOUNTAINS ROMAN CATHOLIC ARCHBISHOP OF
6860 VIA MEDIA CIR PO BOX 1281 LOS ANGELES BURKHARDT
BUENA PARK,CA 90620 PALM DESERT,CA 92261 1531 JAMES M WOOD BLVD
LOS ANGELES, CA 90015
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SB GRANT& FRANKLIN MARGIS,TERRENCE ANTHONY& CH 080047 BERT L TRUST
901 BRUT ER ST D237 EVELYN CHRISTINE 224 N H ON AVE
NEWBE ,OR 97132 1101 RAYMOND AVE COV A,CA 91724
LONG BEACH,CA 90804
522080053 522080055 522080056
ROSAS,TERESA HELMAND ROBERT B HELMANDR16BERT B
979 N ELMWOOD AVE 170 S MAIN ST 750 170 S M'PAN ST 750
RIALTO,CA 92376 SALT LAKE CITY,UT 84101 SAL AKE CITY,UT 84101
522-070-001 522-080-022 522-070-01
Walter Winn Us Sprint Communications Co ] Clayton Suitt
20130 Valhalla Sq PO Box 8490 PO Bo 4891
Ashburn, VA 20147-4104 Kansas City, MO 64114 - Ho eshoe Bay, TX 78657-4891
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720 W 8Th 848 N La Cienega Blvd 207 848 N La Cienega Blvd 207
Los Ang es, CA 90017 Los Angeles, CA 90069-6600 Los Angeles, CA 90069-6600
522-080-027 522-080-058 522-080-060
Joseph E & Mary Johnson Southern California Edison C< Southern California Edison C<
3299 Del Vina St PO Box 800 PO Box 800
Pasadena, CA 91107-2910 Rosemead, CA 91770-0800 Rosemead, CA 91770-0800
522-080-063 522-080-028 516-110-014
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PO Box 800 1868 Anton Way PO Box 1058
Rosemead, CA 91770-0800 Upland, CA 91784-1508 Coachella, CA 92236-1058
522-070-004 522-070-015
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Cvwd Friends Of Desert Mountains Friends Of Desert Mountains
PO Box 1058 PO Box 1281 PO Box 1281
Coachella, CA 92236-1058 Palm Desert, CA 92261-1281 Palm Desert, CA 92261-1281
522-070-016 522-080-029 522-080-043
Martha Eise erger Wayne R & Helen Morisette Forty Five Palm Partnership
3663 Buch an Ave 96 30306 Buck Tail Dr 219 Avenida Barcelona
River'I
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522-080-020 522-080-021 *** 20 Printed ***
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The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-778-4578/Fax 760-7784731
2013 !!Jr 26 Ai 8: 3G
State Of California ss: -
County of Riverside
No 1189
lgilpE OF PUBLIC HEARING
Advertiser: cm OOF PPAtM SPRINGS
INGS
CASE 5.1277 CUP-REQUEST FOR'TAKE'
CITY OF PALM SPRINGS/LEGALS UNDER THE TERMS OF THE COACHELLA
PO BOX 2743 VALLEY OSERVATION PLAN(MSHCP)AT
wHn EWWATERTSOLAN FA I,LLC
PALM SPRINGS CA 922632
NOTICE IS HEREBY GIVEN Mat the City,Council
of the City of PWn SPangs California,wet 3.T e
pqutddic heating at is rig d JuN 3,2013.The
Ciy'Counci Ins at 8: p.m. m the
2000373074 cDceauncifGnyon W'aaymP°Bralmsp sll's2mEase>'ahwaz
TM purpose of file hearin$is to consider a re-
Qoeslfor7.75aces0f'Take fromthe Whiewmer
River Conservation Area,pursuant to the terms of
the MSHCP for developinant'ol a 3m�BvI of so-
t wted er energy comerslan system. The plolec4 is lo.
55Be4I Tfplan Road a Sew ghly end three Parcel
U at
acres d the pmpoeed project are whin the
I am over the age of 18 years old, a citizen of the United - Wiftava ter River Conservation Area of the
Stales and not a party to, or have Interest in this matter. I MSHCP. Zone: Open Space(0-5) and Water-
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun �^t�n '•�'` ry �
a
6/22/2013 �
a
w -
oxu aaa
Mnnpwr �r
I acknowledge that I am a principal clerk of the printer of �r�m
The Desert Sun, printed and published weekly in the City ENVIRONMENTAL DETERMINATION: An envi-
ronmental assessment has been Prepared under
s of Palm Springs, County of Riverside, State of California. the Idellne the California Environmental
The Desert Sun was adjudicated a newspaper of general Jareflon has(CEQ Grond c
Mitigated NegatWe De
Circulation on March 24, 1988 by the Superior Court of the REVIEW OF PROJECT INFORMATION:The atefl
County of Riverside, State of California Case No. reppn and other suppppoonin documents regarding
191236. role armed are avaeabl9 far ppublic review at Clry
HaN an the houre of 6:00 a.m.to 600 p.m.,
ouplr-nmd:r. Pbares"fact fieOf-
I,11 0 qry Clerk al (760).323-8204 if you
I declare under ens of perjury that the foregoingis true thm We fo schedule an appombnent ro review
penalty P 1 ry these documents.
schedule
and correct. Executed on this 22nd day of June, 2013 in - COMMENT ON THIS APPLICATION: Response
IV this nafte may be,made verbally at the public
Palm Springs, ornia. heMng and/or in wring before the hearing.Wm-
con comments may be made to the City Council by
letter(for mailer hand delivery)to:
i James Thompson,City Clerk
320P0E,SPA CA oy �vJaY
Arty u•ImINrlpe of the,ProppeadB22p62�� in wud
at be bli h to.reremg ony those Issues raised
at tl1e public heang Oeectibeo in Nis notice,or ine aranCs were
D wdmn mrrrrepgppoonnd�nppce aeld to trre Cly aem
nn �2 iM S�ictlo`nro950oB1b)l lio hearing. (Government
V An oppodunM/will be given al saki hearing for all
Interested perreaaria tobe'heard.Questions 1�011191A59co'-
ame Planner,M 1T60)be 3Y3-82�45 Ken Lyon,
t 81 necealm ayutle can sale carte,par favor hems
a la Gu6ed de Palm$prin y puede hablar con
Nedne Fieger mletono I760)323 %.
Jsmea Thompson,City Clerk
PubllNted:d22113.
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1277 CUP — REQUEST FOR "TAKE" UNDER THE TERMS OF THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHITEWATER SOLAR FARM 1, LLC
58641 TIPTON ROAD
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of July 3, 2013. The City Council meeting begins at
6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider a request for 7.75 acres of "Take" from the
Whitewater River Conservation Area, pursuant to the terms of the MSHCP for development of
a 3 megawatt solar energy conversion system. The project is located on 12 acres of a roughly
108-acre parcel at 58641 Tipton Road. Seven and three quarter acres of the proposed project
are within the Whitewater River Conservation Area of the MSHCP. Zone: Open Space (0-5)
and Watercourse (W).
ENVIRONMENTAL DETERMINATION: An environmental assessment has been prepared
under the guidelines of the California Environmental Quality Act (CEQA) and a Mitigated
Negative Declaration has been proposed.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are available for public review at City Hall between the hours of 8:00 a.m.
to 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
public hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Ken Lyon, Associate Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
10
N
Department of Planning Services w E
Vicinity Map
5
,...WH{TEWkYfR CUT(7FF_
SIPTORRp
410
.........
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SH. 77P7pN Rp.._.... '..
CITY OF PALM SPRINGS
CASE NO: 5.1277 CUP DESCRIPTION: To consider a request for 7.75
acres of "Take" from the Whitewater River
APPLICANT: Whitewater Solar Conservation Plan under guidelines of the
Farm 1, LLC Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP), for a 3 megawatt
solar energy conversion system located on
12 acres of a roughly 108-acre parcel at
58641 Tipton Road.
Zoned Open Space (0-5) and Watercourse (W).
11
���QALM sAPy
City of Palm Springs
u �^ Office of the City Clerk
3200 E.Tahquirz Canyon Way • Palm Springs, CA 92262
Tel: (76o)323-8204 • Fax: (760)322-5332 • TDD: (760)864--9527 • Web: www.palmspringsca.gov
c9<IFORN�P
June 19, 2013
Ms. Claudia Salgado
Bureau of Indian Affairs Fax To: Belinda Ray
P. 0. Box 2245 (760) 416-2687
Palm Springs, CA 92263
RE: City Council Meeting — July, 2013
Public Hearing Notice — Case 5.1277
Whitewater Solar Farm 1, LLC, 58641 Tipton Road
Dear Ms. Salgado:
The City Council will be conducting a public hearing at 6:00 p.m. on July 3, 2013,
to consider an application by Whitewater Solar Farm 1, LLLC, for the development of a
3-megawatt solar energy conversion system located at 58641 Tipton Road
I have enclosed copies of the notice for distribution and your file; however, please
advise if additional notices are required.
APN
522-050-061
522-070-022
Please note that the two parcels within the 400' radius of this case are not of the ACBCI
land map; therefore, we do not have the allotment numbers.
Thank you for your continuous assistance and support. Please feel free to contact me if
there are any questions or concerns, 323-8206.
Sincerely,
Kathie Hart, CIVIC
Chief Deputy City Clerk
/kdh
Encl: Public Hearing Notices (10 copies)
Envelopes (10 pre-stamped)
Post Office Box 2743 0 Palm Springs, California 92263-2743
RESOLUTION NO
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
13
City Council Resolution No. _ July 3, 2013
Case 5.1277—A Request for"Take" under the terms of the Multiple Species Habitat Conservation Plan at
58641 Tipton Road Page 2 of 5
recommend that the City Council review and approve the Take request with an
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 HEREBY FINDS, RESOLVES, AND APPROVES 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.
14
City Council Resolution No. July 3, 2013
Case 5.1277—A Request for"Take" under the terms of the Multiple Species Habitat Conservation Plan at
58641 Tipton Road Page 3 of 5
TABLE 1: Whitewater River Conservation Area-Summary 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 Conserve 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 2.2% 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 381 acres 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 Transport 387 acres 7.75 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.
15
City Council Resolution No._ July 3, 2013
Case 5.1277—A Request for"Take" under the terms of the Multiple Species Habitat Conservation Plan at
58641 Tipton Road Page 4 of 5
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.
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF PALM SPRINGS, CALIFORNIA
CITY MANAGER
ATTEST:
City Clerk
16
City Council Resolution No._ July 3, 2013
Case 5.1277—A Request for"Take" under the terms of the Multiple Species Habitat Conservation Plan at
58641 Tipton Road Page 5 of 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. _ is a full, true, and correct copy, and was adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California 1
17
?ALMS
CITY OF PALM SPRINGS
� f
iy
P
" DEPARTMENT OF PLANNING SERVICES
c44
,FO MEMORANDUM
Date: June 19, 2013
To: Margo Wheeler
From: Ken Lyon, RA, Associate Planner
Subject: AASHCP— Like Exchange
Margo,
One aspect of the MSHCP that is difficult to understand is "Like Exchange". The section of the
MSHCP on Like Exchange is attached.
Like Exchange is a concept in which an applicant seeking Take, proposes to give land
OUTSIDE the conservation area to the CVCC to add to the total acreage of the conservation
area in exchange for receiving acreage of Take WITHIN the conservation area for development.
It is essentially an amendment to the boundaries of the conservation area. This is extremely
difficult to do, because in almost all cases, the land that is available outside the boundaries of
the established conservation area which is being proposed to be added to the conservation area
is NOT equivalent habitat and does not "...result in equal or greater benefits to Covered Species
and conserved natural communities..." It also requires approval by the Wildlife agencies which
is a discretionary decision.
Attachment: Section 6.12 of the MSHCP.
3200 E. TAHOUITZ CANYON WAY, PALM SPRINGS, CA 92262 p O
TEL: (760) 323-8245 FAX: (760) 322-8360 E-MAIL: KEN.LYON9PALMS PRI NGS-CA.GOV
Final Recirculated Coachella Valley MSHCP—September 2007
6.12 Modifications, Like Exchanges to Conservation
Areas, and Amendments to the MSHCP
MSHCP modifications, Like Exchanges to Conservation Areas, and amendments are not
anticipated on a regular basis. However, certain events may trigger modifications, Like
Exchanges to Conservation Areas, or Minor or Major Amendments to the MSHCP. Any
signatory to the IA may seek a modification, Like Exchanges to Conservation Area Boundary
Adjustment, or amendment to the MSHCP.
Clerical Chanties
Clerical changes to the MSHCP shall be made by the CVCC on its own i iative or in
response to a written request submitted by any Permittee or Wildlife Agency , hich includes
documentation supporting the proposed clerical change. Clerical changes s not require any
amendment to the MSHCP, the Permits, or the IA. Clerical changes ' elude corrections of
typographical, grammatical, and similar editing errors that do not ch a the intended meaning
and corrections of any maps or exhibits to correct insignificant a rs in mapping. The Parties
anticipate that most clerical changes to the MSHCP will occur ring the first ten (10) years of
the Permits. Annual Reports shall include a summary of cle'ri changes made to the MSHCP in
the preceding calendar year.
Land Use Changes
Ile Parties agree that the adoption amendment of general plans, specific plans,
community plans, zoning ordinances and milar land use ordinances, and the granting of
implementing land use entitlements by County and the Cities are matters within the sole
discretion of the County and Cities an all not require amendments to the IA, MSHCP, or the
Permits, or the approval of other P es to the IA. However, the Parties agree that: (1) no such
action by the County or the Citie shall in any way alter or diminish their obligations under the
IA, the MSHCP, or the M ement and Monitoring Programs; and (2) approval of certain
projects may lead to revoca ' n or suspension of the Permits pursuant to Section 23.5 of the IA.
Adaptive ManaLrem Changes
Except otherwise provided, changes to avoidance, minimization, compensation and
MSHCP Co ervation Area management strategies developed through and consistent with the
Adaptive agement Program described in Section 8 of this document shall not require any
amen ent to the MSHCP,the IA or the Permits.
6.12.2 Like Exchanges to Conservation Areas
The design of the Conservation Areas focused on natural communities,Core Habitat for
Covered Species, Essential Ecological Processes, Biological Corridors and Linkages. The natural
communities and Covered Species also occur outside of the Conservation Areas. In some
646 � 9
Final Recirculated Coachella Valley MSACP—September 2007
instances it may be possible to achieve the Plan's Conservation Goals while not increasing the
level of Take analyzed in the Plan through a different configuration of one or more Conservation
Areas.
Like Exchanges are changes proposed by a Permittee to modify the boundary of one or
more Conservation Areas in exchange for reducing or modifying the boundary of a Conservation
Area. A Like Exchange must result in equal or greater benefits to Covered Species and
conserved natural communities as compared to those benefits analyzed in the Plan. In addition,
the level of Take of Covered Species must be no greater than that analyzed in the Plan.
When a Like Exchange is proposed, the applicable Permittee(s) shall meet and confer
with the Wildlife Agencies prior to submittal of Like Exchange analysis to the CVCC. The
Permittee will prepare an equivalency analysis. Upon submittal of a completed equivalency
analysis, the Wildlife Agencies shall respond in writing within 60 days (of acknowledged
receipt) as to their concurrence with the Like Exchange. If the Wildlife Agencies do not concur
the action shall require an Amendment to the MSHCP. Like Exchanges must also be submitted
to applicable Permittees for approval.
The.Like Exchange analysis shall include assembly of necessary project information and
completion of an equivalency analysis as described below:
➢ Like Exchange Information and Analysis Requirements
The following information shall be included in the analysis:
1. Maps clearly and precisely delineating the proposed Boundary Adjustment, showing
land to be removed from the Conservation Area in the context of the entire
Conservation Area, and land to be added to this or another Conservation Area;
2. Narrative and graphic description of the proposed project;
3. Narrative and graphic description of biological information available for the
Boundary Adjustment sites (land to be removed and land to be added) including
current project-specific vegetation mapping, modeled habitat and appropriate species
surveys, land identified as part of a Biological Corridor or Linkage, and land
identified as part of an Essential Ecological Process area;
4. Narrative and graphic description of the project's efforts to be consistent with the
Conservation Area Conservation Objectives and explanation of the rationale why
consistency has been determined to be infeasible;
S. Quantification and characterization of effects/benefits of the proposed Boundary
Adjustment on Habitats for Covered Species, natural communities, Biological
Corridors and Linkages, Essential Ecological Processes, and Conservation Area
reserve design and manageability; and
6. Any other information deemed necessary by the Permittee to make the appropriate
findings.
6-47 20 .
Final Recirculated Coachella Valley MSHCP—September 2007
➢ Analysis ('
Based on the assembled information, an equivalency analysis shall be provided by the
applicable Permittee(s) to the CVCC and (lie Wildlife Agencies in narrative and graphic
form comparing the effects/benefits of the proposed Like Exchange. The equivalency
analysis shall address the following categories:
1. Effects on the level of Take of Covered Species;
2. Effects on Habitats of Covered Species, including Core Habitat; potential habitat
fragmentation, reduction in size of Core Habitat patches, and increase in edge
effects;
3. Effects on natural communities, including potential fragmentation, reduction in patch
size, and increase in edge effects;
4. Effects on Biological Corridors and Linkages;
5. Effects on Essential Ecological Processes;
6. Effects on Conservation Area configuration and management (such as increases or
decreases in edge);
7. Effects on ecotones (defined as areas of adjoining natural communities, generally
characterized by greater biological diversity) and other conditions affecting species
diversity(such as invasion by exotics);
8. Equivalent or greater acreage contributed to the Conservation Areas;
9. Applicant must demonstrate agreements or control over mitigation property being
offered under the equivalency analysis.
The equivalency analysis shall draw conclusions regarding the degree to which the
proposed project incorporating Boundary Adjustments is considered to be biologically equivalent
or superior to a project on the same site not deviating from the Conservation Area Conservation
Objectives. Projects determined to be biologically equivalent or superior shall be determined to
be acceptable refinements to the MSHCP Conservation Area boundaries and amendment to the
MSHCP shall not be required prior to approval of such projects. Projects not determined to be
biologically equivalent or superior shall be determined to be unacceptable deviations from the
Conservation Area Conservation Objectives and an amendment to the MSHCP would be
required prior to approval of such projects.
In 2006, the Citrus Ranch, Indio Water Authority Water Reservoir Sites, Lumkes Family
Trust/Ruthersford, and Nott Family Trust Like Exchanges were approved. The acreages of these
exchanges are reflected in the Conservation Area descriptions in Section 4.0. The Like Exchange
agreements are included in Appendix V. In addition, a transfer of take from the County of
Riverside to the City of Indio for the Indio Trails development project and a transfer of take from
the County of Riverside to the City of Palm Springs for the Shadowrock development project
have been approved. These agreements are included in Appendix V.
6-48 21
RIB' R. COULTER
Pharm.D., LL.B.
41750 Rancho Las Palmas Dr.,Suite J-1
Rancho Mirage,California 92270
Telephone:(760))341-5000 Facsimile:(760)341-5006
Cellular.(M)902-2235 E-Mail:mAcoulterlawl.com
I
November 14, 2012
DELIVERED BY HAND
Ken Lyon, RA, Associate Planner
Department of Planning Services
City of Palm Springs, California
3200 Tahquitz Canyon Way
Palm Springs, California 92263
Dear Mr. Lyon:
My name is Ray Coulter and I'm the land owner of the property which will be the subject
of a hearing today. It is my understanding that a recommendation has been made in a
staff report for consideration of a "Take" as contemplated under the Coachella Valley
Multiple Species Habitat Conservation Plan.
This letter confirms that I have reviewed and agreed to the recommendation. Attached is
a site plan showing 7.75 acres to be set aside, the "take" acreage.
Below are the excerpts from that report
"The staff report is a recommendation to approve the Whitewater CUP and to recommend
approval of the Take request. The Take recommendation incorporates a recommendation
that an equivalent acreage of undisturbed land (7.75 acres)within the 108-acre parcel be
dedicated to the Coachella Valley Conservation Commission (CVCC) to be set aside as
permanent conservation. This is consistent with the requirements of the CVMSHCP that
requires that the City must remain in"Rough Step"in its giving away of Take compared to
the setting aside of private lands for permanent conservation. (That means that the City
can only give away Take in proportion-or"Rough Step"- with the dedication of new land
to be set aside for permanent conservation.) The actual ratio of Conservationto Take is
9 to 1; however that would imply that 9 times the amount of requested Take would need
to be set aside (69.75 acres). The staff recommendation is for only a one to one ratio, or
7.76 acres) be set aside."
Sincerely,
Ray R. Coulter
22
Planning Commission Minutes
November 14, 2012
Glenn Mlaker, Assistant Planner, provided background information as outlined in the
staff report dated November 14, 2012.
Chair Donenfeld opened the public hearing:
-Brook Ortiz, applicant, provided an overview on the proposed cocktail lounge and was
available to answer questions from the Commission.
There being no further appearances the public hearing was closed.
Commissioner Munger asked if music would be played in the patio area. Mr. Ortiz
responded that there would be no music played in the patio.
ACTION: To approve Case 5.1143 CUP to operate a cocktail lounge at 188 South
Indian Canyon Drive, subject to Conditions of Approval.
Motion J.R. Roberts, seconded by Chair Donenfeld and unanimously carried on a
roll call vote.
AYES: Leslie Munger, Philip Klatchko, J.R. Roberts, Chair Donenfeld, Vice Chair
Hudson, Lyn Calerdine, Kathy Weremiuk
3B. _ - An application by Whitewater Solar Farm 1, LLC., for a
Conditional Use Permit and a request for 7.75 acres of "Take" under the
guidelines of the Coachella Valley Multiple Species Conservation Plan, to
develop a 3 Megawatt solar energy production facility on roughly 12 acres of
a 108-acre parcel located at 58641 Ti ton Road, Zone 0-5 (Open Space) and
W (Watercourse).
Edward Robertson, Principal Planner, provided a review of the proposed project as
outlined in the staff report.
Chair Donenfeld opened the public hearing:
-David Allen, manager, Whitewater Solar Farm, LLC, indicated that they worked closely
with staff and is in agreement with the conditions. Mr. Allen addressed questions from
the Commission pertaining to the actual location and existing vegetation on the
site, flood zone, maintenance, proportion of Take acreage, and fencing material.
ACTION: To adopt the draft Mitigated Negative Declaration (MND), approve Case
5.1277 CUP, subject to Conditions of Approval and recommend to the City Council to
allocate 7.75 acres of Take to this project from the Whitewater River Conservation Area,
as amended:
23
6
J Planning Commission "111"
(J November 14, 2012
-To recommend to the City Council
1.) To establish a priority for allocation of Take.
.2.) Establish a uniform policy regarding. the requirements Mitigated Take.
-And allow a small open area at the base of the fencing to allow small animals to go
through.
Motion Philip Klatchko, seconded by Lyn Calerdine and unanimously carried on a
roll call vote.
AYES: Leslie Munger, Philip Klatchko, J.R. Roberts, Chair Donenfeld, Vice Chair
Hudson, Lyn Calerdine, Kathy Weremiuk
PLANNING COMMISSION COMMENTS:
Vice Chair Hudson commented that he would not be able to attend next week's AAC
meeting. Commissioner Weremiuk offered to cover the meeting,
tCommissioner Rberts o the monumeno sign) at�the ecoene code
of Sunrise Way and Vista Chino.
e signage (adjacent
PLANNING DIRECTOR'S REPORT:
Principal Planner Robertson reported the next City Council meeting is scheduled for
November 28, 2012.
ADJOURNMENT:
There being no further comments the
Planning
sion adjourned at 4:54
to
rn
1 30 p.m., Wednesday, November28, 2012, City Hall,
l' Council Chamber, 3200pEast
Tahquitz Canyon Way.
ig _wi g,ringpServices
Direc or Crof
7
24
OF VALAj sA
U V
R #
Or t Planning Commission Staff Report
CjN��
Date: October 24, 2012
Case No.: 5.1277 CUP
Type: Conditional Use Permit and Request for Take under the MSHCP
Location: 58641 Tipton Road
APN: 522-080-065
Applicant: Whitewater Solar 1, LLC
General Plan: Desert /Watercourse /Wind Energy Overlay
Zone: 0-5 (Open Space 5du/ac) /Watercourse
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Ken Lyon, Associate Planner
PROJECT DESCRIPTION:
I
The applicant has requested a Conditional Use Permit (CUP) for the installation and
operation of a three (3) megawatt solar energy conversion system (SECS) project. The
proposed solar power generating system will be located on roughly 12 acres of a 108-
acre parcel.
A portion of the project totaling 7.75 acres is located in the Whitewater River
Conservation Area, a designated conservation area within the Coachella Valley Multiple
Species Habitat Conservation Plan (MSHCP). For the project to proceed, the City
Council must decide whether to allocate 7.75 acres of"Take" for this project pursuant to
guidelines of the MSHCP. The Planning Commission will review the request for Take
and make a recommendation to the City Council on whether Take should be allocated
for this project.
25
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 2 of 11
RECOMMENDATION:
That the Planning Commission:
1. Adopts the Mitigated Negative Declaration (MND) as an adequate analysis of
the environmental impacts of the proposed project,
2. Approves Case 5.1277 CUP subject to the conditions in the attached draft
resolution.
3. Recommends that the City Council allocate 7.75 acres of Take to this project
from the Whitewater River Conservation Area and from the habitat for three
(3) listed endangered species and that the landowner dedicate an equal
amount of undisturbed land within the conservation area on the parcel to the
Coachella Valley Conservation Commission to be set aside for permanent
conservation.
PRIOR ACTIONS:
On April 23, 2012 the Architectural Advisory Committee (AAC) reviewed the project and
voted unanimously to recommend approval to the Planning Commission.
BACKGROUND AND SETTING:
The project proposes to install approximately twelve (12) acres of fixed rack solar
collectors on a parcel zoned Open Space (0) and Watercourse (W). There are no
occupied structures proposed on the site. Although the panels would have periodic
maintenance and service workers, there would be no permanent workers at the site.
The project site would be accessed from Tipton Road. Non-paved gravel service roads
located at the perimeter of the solar panels provide access to the panels for routine
washing, maintenance and servicing. The panels are designed to be mounted on racks.
The bottom of the panels are approximately three feet above the ground to minimize
scouring of the panel surfaces due to blowsand. The top of the panels are less than ten
feet above grade.
The 12-acre project area is not proposed to be graded or cleared of existing vegetation.
The panels will be installed above the existing grade and scattered vegetation that is on
the site. The site has no potable water and is not proposed to be irrigated. A six foot
chain link fence is proposed at the perimeter of the 12-acre portion of the parcel.
Surrounding Land uses:
The project site is currently undeveloped except for a series of existing wind turbines
and is located in the northern part of the City. The subject site is an approximately 108-
acre parcel located on the south side of Interstate 10, west of Indian Canyon Drive, and
north of Highway 111. The site is surrounded by existing wind turbines and vacant land.
The Whitewater River runs through the eastern portion of the 108-acre parcel.
26
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 3 of 11
TABLE 1: Surrounding General Plan, Z ning and Land Uses
General Plan Zone Land Use
North Desert 0-5 Vacant
South Desert 0-5 Vacant
East Watercourse W Vacant wind turbines
West Desert 0-5 Vacant
The 12 acres are leased to Whitewater Solar Farm 1, LLC, by Ray Coulter who owns
the 108 acre parcel. The site is generally flat, sloping gently downward toward the east.
Running north-south through the site, along the eastern portion is the Whitewater River.
The area around the Whitewater River is a defined conservation area within the
MSHCP. The overall 108-acre site also has several utility easements granted across it.
The photovoltaic array is located roughly in the southwestern corner of the property.
The existing wind turbines are located in a north-south orientation, roughly in the center
of the site.
w _
l
t
1
LotA 1
AERIAL PHOTO OF PROJECT SITE
ANALYSIS:
General PlanlZoning
The General Plan land use designations are Desert and Open Space — Watercourse
with a portion of the site in the Wind Energy Overlay. The zone is Open Space (0-5;
maximum 5 du/ac) and Watercourse (W). Pursuant to Zoning Code Section
92.21.01(D)(2); Solar Collectors are permitted in this zone subject to a CUP.
27
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 4 of 11
Ni L
> � y
Z b
I f
1
' SITE
Energy Collection Systems (SECS) are permitted in these zones subject to approval of
a Conditional Use Permit (CUP) pursuant to PSZC Section 92.21.01. The development
standards of the zone are summarized in Table 2 below.
The solar array will be provided with a compacted gravel perimeter service road. No
perimeter landscaping is proposed. The project proposes no habitable structures, only
equipment enclosures for electrical inverters which will be painted in neutral colors. The
frames on which the PV panels sit will also be in neutral colors.
TABLE 2: Proposed project compared to 0-5 Zone Development Standards:
0-5 Zone Requirements Proposed Project
Minimum Lot 5 acres 12 acres of a 108-acre parcel
Size conforms
Minimum Lot 250 feet x 250 feet conforms
width & depth
Maximum Lot 10% maximum lot coverage conforms
Coverage
Setbacks Minimum 50 feet for energy 50 feet,
uses, 25 foot front for other uses
Landscape Front 25 feet to be landscaped No landscaping proposed.
with 4.5 foot high landscape (Does not conform)
screen.
Fencing Maximum 4.5 feet front & side 6 feet chain link
front, 8 feet side & rear, no
chain link in front & side front
yards, barbed wire is permitted
at alternative energy sites
Building Height 30 feet 10 feet for solar panels
conforms
Outdoor Adequately screened & None proposed (conforms)
storage enclosed
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Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 5 of 11
Fencing
For security reasons, the applicant proposes six-foot chain link fences, at the entire
perimeter of the 12 acre area. Section 93.02.00 (A) of the Zoning Code allows the
i approval of 6 foot fences at the front and side front if it is deemed that there are hazards
on the site that warrant the additional height to protect the public. The potential hazard
caused by the proposed electrical equipment and the need for security on the site
warrant the proposed fencing.
Parking
Parking standards are regulated by Section 93.06.00 of the City's Zoning Code. There
is no specific quantity of off-street parking prescribed for energy uses. The proposed
project has no permanent employees on site however periodic service and maintenance
vehicles and workers will access the site on roughly a weekly basis and will use the
proposed compacted gravel service roads to access all the panels for routine cleaning,
inspection, repair and maintenance.
Architecture
The equipment enclosures are simple painted steel structures. There are no habitable
buildings proposed on the site.
The Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP)
In 2008, the City Council adopted the MSHCP. This plan established a comprehensive
streamlined approach to balancing development and land conservation throughout the
Coachella Valley. As a permittee under the MSHCP, the City Council has agreed to the
terms and conditions set forth in the guidelines imposed by the plan. The relevant
aspects of the plan that apply to this project are summarized below.
A portion of the project (7.75 acres) lies within the Whitewater River Conservation Area.
This conservation area serves as critical habitat for three endangered species as well
as a sand transport for the movement of sand from the mountains to various
conservation areas on the valley floor. Nearly the entire 108-acre parcel is located
within this conservation area. When a project proposes development in a conservation
area, the area in the conservation area that is needed for the development is called
'Take'.
In Palm Springs, the City Council determines whether Take shall be authorized for a
particular project. This is the first project in Palm Springs which will require the
allocation of Take. The Planning Commission will review both the application for the
Conditional Use Permit and the request for allocation of a portion of the City's Take in
the Whitewater River Conservation Area.
The MSHCP and the request for "Take".
The MSHCP uses the concept of "Take" to allow limited development in areas
designated as "Conservation Areas". The valley cities and county all have conservation
areas within their jurisdictional boundaries. Essentially, the MSHCP allows 10% of the
private land in each of these conservation areas to be developed. It also gives each
jurisdiction control over how this Take is allocated. "Take" is quantified in terms of
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Planning Commission Staff Report October 24. 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 6 of 11
acreage. Each jurisdiction has a certain number of acres of "Take", and each acre of
approved development (in a conservation area) is deducted from the total Take allowed
for the jurisdiction. When the City approves an application for a development in a
conservation area, it gives to the developer a portion of its allocated acreage of Take for
each species that is impacted.
Within each conservation area, there is established acreage of Take for each
endangered species that is covered by the MSHCP, as well as what are called
"essential ecological processes" (such as sand transport) and "corridors" (linkages
between conservation areas). For example, in the Whitewater River Conservation Area,
there is habitat for at least three Covered Species, the Essential Ecological Process of
sand transport and a Corridor (which is the Whitewater River itself). The three listed
endangered species found in this particular conservation area are: the Coachella Valley
Round-tailed Ground Squirrel, the Palm Springs Pocket Mouse, and the Le Conte's
Thrasher. In addition to the river corridor itself, it is also defined as a sand transport
corridor. Sand that washes down from the mountains to the north with wind and water,
flows through the project site and continues on to replenish sand that is essential critical
habitat further down valley.
There is a limited amount of acreage of Take in each unique conservation area and for
each covered species. Therefore, the City needs to be judicious in allocating portions of
its Take to any particular development, so there is enough Take left during the 75 year
lifespan of the MSHCP to allocate to future development.a For example, in the
Whitewater River Corridor, the City only has 90 acres of available Take (this represents
roughly 10% of the total conservation area in the Whitewater River corridor). The
proposed project would use up 8.6% of the available 90 acres of Take in this corridor.
Land Purchases by the CVCC for Conservation An additional aspect of the MSHCP is
the Coachella Valley Conservation Commission's (CVCC) ongoing purchase from
private landowners of acreage in the designated conservation areas to permanently set
aside for conservation. These land purchases throughout the valley are paid out of
variety of sources including monies collected from all development projects in the valley
through the payment of Local Development Mitigation Fees (or "LDMF") (These fees
are usually paid at the time of issuance of building permits on almost every project in
the valley).
Rough Step. The purchase of new acreage by the CVCC and the allocation of Take
must be in Rough Step with each other. Rough step means there must be acreage
purchased and set aside for conservation in roughly the same proportion as the acreage
of Take that the City gives away. The CVCC is constantly purchasing new acreage in
conservation areas which helps stay in rough step but it is each jurisdiction's
responsibility to manage allocation of its Take and conform to the rough step
requirements.
a If a jurisdiction allows more than its allocated Take acreage in conservation areas to be developed, it is
in violation of the MSHCP permit which could lead to lawsuits or other actions against the MSHCP permit
by the California Department of Fish and Game and U.S. Fish &Wildlife Service.
30
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 7 of 11
One way the City can assist in the efforts to stay in rough step, is to require landowners
to deed to the CVCC an equivalent amount of undisturbed acreage within the
conservation area to that which they are requesting Take. Thus, for this particular solar
project, the City could approve the allocation of 7.75 acres of its Take in these
conservation areas for this project, and also require the landowner to deed at least 7.75
undisturbed acres of his parcel which is also in the conservation area to the CVCC to be
set aside for permanent conservation, as a condition of approval. Following such policy
over the long term could help the City to stay in rough step and move more acreage into
permanent conservation — which is the ultimate goal of the MSHCP.
Deeding the land to the CVCC helps the City stay in rough step; however it does not
"make whole" the City's total available acreage of Take. Once Take is used up, it is
gone Take also cannot be transferred from one conservation area to another without
the State and Federal Wildlife agency's approvals.
One aspect to consider in evaluating Take requests is what other development might be
anticipated within this conservation area in the future. The Whitewater River
Conservation Area overlays approximately the same area designated in the City's
Zoning Map in this general vicinity as Watercourse. Section 92.20.01 of the Zoning
Code lists the permitted uses for the Watercourse Zone; they include energy uses, golf
courses and driving ranges, quarries and agricultural uses. The parcel that is
associated with this project is already developed with wind turbines as are many others
in the vicinity. However, this is the first solar project proposed in the Whitewater River
floodplain. There is no way to forecast what future development demands may arise
within the Whitewater River Conservation Area. While it appears that the landowners in
this vicinity are making productive use of their parcels, the possible increase in
development of solar energy production facilities may be likely.
The aspect of this Take request that is notable is the Take of the Whitewater River
Floodplain itself. With only 90 acres of Take available, the project would use up 8.6% of
the City's available Take of the Whitewater River Floodplain. If solar projects prove to
be an effective use of land in this area, future requests to development similar projects
with larger capacities and acreages may be likely. In light of these factors, requiring
dedication to the CVCC of an equivalent amount of the parcel for permanent
conservation as a condition of approval.may be reasonable to consider.
The City Council will need to decide if it wishes to allow a portion of its Take (7.75
acres) from these conservation areas to be used for this project and whether to require
any dedication of undisturbed land in the conservation area to the CVCC for permanent
conservation and to contribute to the City's compliance with Rough Step.
b There is a mechanism called "Like Exchange" that can add acreage into a conservation area, but this is
extremely difficult to find natural conditions outside the conservation that qualify (or are "alike") for this
exchange.
31
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 8 of 11
The options before the Commission are:
1. Deny the CUP, with no further action. (This action would be appealable to the
City Council).
2. Approve the CUP and recommend approval of the Take Request by the City
Council.
3. Approve the CUP and recommend approval of the Take Request by the City
Council including dedication to the Coachella Valley Conservation Commission
of an equivalent amount of undisturbed land within the conservation area on the
parcel for permanent conservation in order to maintain Rough Step.
4. Approve the CUP, but recommend denial of the Take request. This would in
effect deny the project in its present configuration and give direction to the
applicant to find another portion of the subject site outside of the conservation
area on which to locate the panels.
Staffs recommendation reflects option 3.
The Table below shows the various covered species and the acreage of habitat
impacted by the Take Request.
TABLE 3: Whitewater River Conservation Area- Summary of Proposed 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 2.2% 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
Thrasher— There would be 98% of the
Other 381 acres 7.75 acres 2.0% 0 authorized Take for this species
Conserved habitat remaining for the City to
Habitat potentially allocate to other future
develo ment over the 75 ear life
32
Planning Commission Staff Report October 24, 2012
Case 5,1277 CUP Whitewater Solar Farm 1, LLC Page 9 of 11
of the MSHCP
There would be 98% of the
authorized Take of the sand
Sand Transport 387 acres 7.75 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.
REQUIRED FINDINGS:
Conditional Use Permit Findings.
The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code
requires the Planning Commission to make a number of findings for approval of the
permit. Those findings are analyzed by staff in order below:
1) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
The applicant proposes solar collector uses (solar energy conversion systems (SECS)
on 12 acres of a roughly 108 acre site in the 0-5 / W zones. Solar collector uses are
permitted in the O and W zones subject to a conditional use permit.
2) That the 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 or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The O (open space) zone is intended to provide for areas of scenic beauty, areas
reserved for parks, recreation, open space and governmental public uses, or in areas
where a hazard to the public may exist. Permitted uses incldue the development of
alternative energy uses and other incidental industrial uses. The SECS array proposed
will augment the production of electrical energy, similar to that of the existing WECS
(Wind Energy Conversion Systems) on the site. The General Plan land use designation
for the subject parcel is Regional Business Center (RBC). The RBC land use
designation is a mixed use designation intended for uses that serve a more regional
service area accessible by the proximity to the Interstate 10 freeway. The area is also
33
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 10 of 11
immediately adjacent to major high voltage transmission lines that parallel the freeway.
The proposed solar collector field will generate clean electricity for use throughout the
Coachella Valley and the entire southwest region. As such, the proposed use is not
detrimental to existing or future uses specifically permitted in the zone or the General
Plan land use designation. That portion of the site which is closest to the 1-10 freeway
is not affected by the proposed project.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The proposed project area is comprised of a leasehold for 12 acres of an approximately
108-acre site. Service roads and utility panels and enclosures are proposed that
support the solar panel installation. The project is proposed with perimeter fencing that
will conform to the City's outdoor lighting ordinance.
4) 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 is designed to provide adequate access to the public streets via an entrance
and service drives off Tipton Road. The only vehicular traffic to the site would be
periodic maintenance vehicles that clean and service the solar panels. The project
does not produce traffic impacts that would reduce the Level of Service (LOS) for the
network of public roads in the vicinity. Therefore the project is consistent with this
finding.
5) 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. mitigation measures outlined in an
environmental assessment.
A draft set of conditions of approval necessary to ensure compliance with the Zoning
Ordinance requirements and to ensure the public health, safety and welfare are
proposed and included in Exhibit A of this staff report.
Findings for evaluating "Take"
There are no established findings for evaluating requests for Take. The City must
determine whether there is sufficient value in the proposed project to merit allocating a
portion of its take as requested by the applicant.
CONCLUSION:
The proposed project is consistent with the General Plan and Zoning Code and is
recommended for approval by the AAC. The project is consistent with the findings for a
34
Planning Commission Staff Report October 24, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LLC Page 11 of 11
Conditional Use Permit. The project, if approved, will contribute to the City's growing
number of alternative energy industries and provide an additional source of electrical
energy generation for the region.
ENVIRONMENTAL DETERMINATION:
This CUP application is considered a project under the definitions of the California
Environmental Quality Act (CEQA). The City has evaluated the project under CEQA
Guidelines and determined that the project has the potential to cause significant
impacts. A Mitigated Negative Declaration (MND) has been prepared and circulated for
a twenty day public review and comment period. The Planning Commissioners also
received complete copies of the environmental document at that time. No comments
have been received that would necessitate recirculation of the environmental analysis.
Staff 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.
NOTIFICATION:
A notice was mailed to all property owners within a four hundred foot radius. As of the
writing of this report, no correspondence from the public has been received by staff.
Ken Lyon 4. ei6ct
nngA EwingAICPAssociate Planner or of Plaing Services
Attachments:
1. 400' Radius Vicinity Map
2. Draft Resolution & Conditions of Approval
3. Reduced Site Plan and Elevations
4. Project Summary Description
5. August 15, 2012 Final Joint Project Review Report
35
Department of Planning Services w E
Vicinity Map
s
till,
o
I
CITY OF PALM SPRINGS
CASE NO: 5.1277 CUP DESCRIPTION: To consider a request for a
Conditional Use Permit (CUP) for a 3 megawatt
APPLICANT: Whitewater Solar solar energy conversion system located on 12
Farm 1, LLC acres of a roughly 108-acre parcel at 58641
Tipton Road, Zone: Open Space (0-5) and
Watercourse (W).
36
RESOLUTION NO. 6298
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF
CASE 5.1277 CUP FOR A 3 MEGAWATT SOLAR ENERGY
PRODUCTION FACILITY ON ROUGHLY 12 ACRES OF AN
APPROXIMATELY 108-ACRE PARCEL, INCLUDING A
REQUEST FOR 7.75 ACRES OF "TAKE" UNDER THE
GUIDELINES OF THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN, AT 58641 TIPTON
ROAD; ZONES 0-5 (OPEN SPACE) and W (WATERCOURSE),
SECTION 14/T3/R3; APN 511-080-065.
WHEREAS, Whitewater Solar 1, LLC, "applicant", has filed an application with the City
pursuant to Section 94.02.00 (Conditional Use Permit) of the Zoning Code seeking approval
to establish a 3 MW Solar energy production facility on 12 acres of a roughly 108-acre parcel
at 58641 Tipton Road; and
WHEREAS, on April 23, 2012, the Architectural Advisory Committee met and voted
unanimously to recommend approval of the project to the Planning Commission; 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 subject project proposes a 3 megawatt photovoltaic solar energy production
system on roughly 12 acres of a 108-acre parcel, and
WHERAS approximately 7.75 acres of the 12-acre project are proposed to be located in the
Whitewater River Conservation Area as defined by the Coachella Valley Multiple Species
Habitat Conservation Plan (CVMSHCP), and,
WHEREAS the proposed development requires the City to allocate 7.75 acres of"Take" from
the Whitewater River Conservation Area, which would include 1 acre of Take of critical
habitat for the Coachella Valley Round-tailed Ground Squirrel, 7.75 acres of Take of critical
habitat for the Palm Springs Pocket Mouse, 7.75 acres of Take of critical habitat for the Le
Conte's Thrasher, 7.75 acres of Take from the Whitewater River Sand Transport corridor,
and 7.75 acres of Take from the Whitewater River corridor, and
WHEREAS, the Palm Springs Planning Commission shall review requests for Take under
the CVMSHCP and make recommendations to the City Council on approval or denial of such
requests, and
37
Planning Commission Resolution No. 6298 November 14. 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LL C Page 2 of 4
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA") An Initial Study was conducted and the project
was found to cause potentially significant impacts to the environment. Mitigation measures
have been proposed reducing any potentially significant impacts to less than significant. The
applicant has agreed in writing to all proposed mitigation measures. A Notice of Intent to
Adopt a Mitigated Negative Declaration was prepared and circulated for public comment for a
period of 30 days. No new information was discovered that would require further analysis
under CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not limited
to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the
Planning Commission adopts a Mitigated Negative Declaration including
mitigation measures that reduce any potentially significant impacts caused by
the project to less than significant.
Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the Planning
Commission finds as follows:
That the use applied for at the location set forth in the application is properly
one for which a"conditional use permit is authorized by this Zoning Code.
The applicant proposes solar collector uses (solar energy conversion systems or
"SECS") on 12 acres of a roughly 108-acre site in the 0-5 / W zones. Solar collector
uses are permitted in these zones subject to a conditional use permit.
That the 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 or to future uses specifically permitted in the zone in
which the proposed use is to be located.
The Open Space zone is intended to provide for areas of scenic beauty, areas reserved for
parks, recreation, open space and governmental public uses, or in areas where a hazard to
the public may exist. The Watercourse zone is used for areas designated as floodways,
drainage channels, debris basins, and other flood protection facilities exist. The SECS
array proposed will augment the production of electrical energy, similar to that of the existing
WECS (Wind Energy Conversion Systems) on the site. The General Plan land use
designation for the subject parcel is Regional Business Center (RBC). The RBC land use
designation is a mixed use designation intended for uses that serve a more regional service
area accessible by the proximity to the Interstate 10 freeway. The area is also immediately
adjacent to major high voltage transmission lines that parallel the freeway. The proposed
solar collector field will generate clean electricity for use throughout the Coachella Valley and
38
Planning Commission Resolution No. 6298 November 14, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, ILL C Page 3 of 4
the entire southwest region. As such, the proposed use is not detrimental to existing or
future uses specifically permitted in the zone or the General Plan land use designation and is
desirable for the development of the community's electrical generation capacity.
That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to those
existing or permitted future uses of land in the neighborhood.
The proposed project area is comprised of a leasehold for 12 acres of an approximately 108-
acre site. Service roads and utility panels and enclosures are proposed that support the
solar panel installation. The project is proposed with perimeter security fencing. The project
conforms to the development standards required for such projects in these zones.
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 is designed to provide adequate access to the public streets via unpaved service
roads that are accessed off Tipton Road. The only vehicular traffic to the site would be
periodic maintenance vehicles that clean and service the solar panels. The project does not
produce traffic impacts that would reduce the Level of Service (LOS) for the network of public
roads in the vicinity. Therefore the project is consistent with this finding.
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.
Mitigation measures outlined in an environmental assessment.
A draft set of conditions of approval necessary to ensure compliance with the Zoning
Ordinance requirements and to ensure the public health, safety and welfare are proposed
and included in Exhibit A of this staff report.
Section 3: Pursuant to the guidelines of the Coachella Valley Multiple Species Habitat
Conservation Plan (MSHCP), the Planning Commission has evaluated the
applicant's request and recommends that the City Council approve the request
for 7.75 acres of Take to be allocated from the total authorized Take from the
Whitewater River Conservation Area as follows: one (1) acre of Take from the
critical habitat for the Coachella Valley Round-tailed Ground Squirrel, 7.75
acres of Take from the critical habitat for the Palm Springs Pocket Mouse, 7.75
acres of Take from the critical habitat for the Le Conte's Thrasher, 7.75 acres of
Take from the sand transport area, and 7.75 acres of the Whitewater River
Corridor. Furthermore it is recommended that the City Council require that the
property owner dedicate 7.75 acres of undisturbed acreage on the parcel,
within the conservation area, to be deeded to the Coachella Valley
Conservation Commission for permanent conservation, to enable the City of
39
Planning Commission Resolution No. 6298 November 14, 2012
Case 5.1277 CUP Whitewater Solar Farm 1, LL C Page 4 of 4
Palm Springs to remain in `Rough Step" pursuant to the requirements of the
MSHCP.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1277 - CUP for the establishment of a 3 Megawatt
Solar Energy Production Facility on 12 acres of a roughly 108-acre parcel at 58641 Tipton
Road (APN 511-080-065), subject to the attached conditions set forth in Exhibit A.
Furthermore the Commission recommends that the City Council allocate 7.75 acres of Take
from the Whitewater River Conservation Area, consistent with the guidelines of the Coachella
Valley Multiple Species Habitat Conservation Plan and require 7.75 acres of undisturbed
acreage on the parcel within the conservation area to be deeded to the Coachella Valley
Conservation Commission for permanent conservation to assist the City in staying in Rough
Step pursuant to the requirements of the MSHCP.
ADOPTED this 14" day of November 2012.
AYES: 7, Klatchko, Calerdine, Hudson, Donenfeld, Weremiuk, and Roberts
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Crai A. Ewir g, AICP
Director of Planning Servi s
40
RESOLUTION NO. 6298
EXHIBIT A
Case 5.1277 CUP
Whitewater Solar Farm 1, LLC. for a 3 MW Solar Energy Conversion System
At 58641 Tipton Road (APN 511-080-065
November 14, 2012
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1277 CUP; except as modified with the approved Mitigation Monitoring
Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped March 13, 2012, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division except as modified by the
approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1277 CUP The City of Palm Springs will promptly
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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 the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property
line, in a first class condition, free from waste and debris, and in accordance
with all applicable law, rules, ordinances and regulations of all federal, state,
and local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once constructed, the Conditional Use Permit, provided the project has
remained in compliance with all conditions of approval, does not have a time
limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be $4,000 per net acre. (For purposes of calculating the fee, net
acreage is defined as the land area inclusive of all photo voltaic panels,
inverters, transformers and other equipment enclosures, and service roads).
Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public
Arts Commission, and the property owner shall enter into a recorded
agreement to maintain the art work and protect the public rights of access and
viewing.
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ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. CVMSHCP Whitewater River Conservation Area. The project requires 7.75
acres of "Take" to be authorized by the City Council of the City of Palm
Springs from the Whitewater River Conservation Area, including Take for
three (3) covered species, the process of sand transport and from the
Whitewater River corridor itself. The project shall conform to all requirements
of Section 4.4 "Avoidance, Minimization, and Mitigation Measures" and
Section 4.5 "Land Use Adjacency Guidelines" of the MSHCP as outlined in
the Final Report of the Joint Project Review dated August 16, 2012.
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
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Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 4. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment.
ENV 5. Long Term Soil Stabilization and Dust Control. Those portions of the site that
are to be graded, cleared, and grubbed of natural vegetation for the
installation of the solar panel structures shall be provided with a long term soil
stabilization program acceptable to the City of Palm Springs to control wind
borne dust and particulates. This may be either an overlay of gravel at sizes
of 3/4" or larger or other equivalent means as approved by the Dust Control
Management Division of the City Public Works Department.
ENV 6. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 7. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability
of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
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Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1, Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 3. Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as off-white, beige or tan.
PLN 4. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
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BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
GENERAL
ENG 1. The applicant shall provide proof of legal access to the project site from a
public roadway.
STREETS
ENG 2. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ON-SITE CONSTRUCTION PHASE
ENG 3. The on-site perimeter access roads shall be a minimum of 20 feet wide and
be accessible to fire apparatus weighing up to 73,000 pounds in accordance
with the fire code.
ENG 4. Construction, use, and maintenance of the all of the proposed on-site access
roads shall comply with the Chapter 8.50 (Fugitive Dust Control) of the Palm
Springs Municipal Code.
ENG 5. Construct turn-around areas meeting the requirements of the Fire Marshall
and City Engineer, at each of the project entries.
ENG 6. Construct a minimum 20 feet wide, 6 inch concrete driveway at the project
entry off Whitewater Canyon Road (which is a 50 feet wide access and
drainage easement) at the west property line on the project site, unless
otherwise approved by the City Engineer. The access shall be gated and
locked; and lock box key provided to the Fire Department for emergency
access.
GRADING
ENG 7. The applicant shall employ an environmental consultant whose responsibility
shall be to monitor the applicant's compliance with all required mitigation
measures associated with the project on behalf of the City Engineer. The
environmental consultant shall work independently of the applicant, and shall
report to the City Engineer to identify measures satisfied in accordance with
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the Mitigated Negative Declaration adopted for the project. All applicable
mitigation measures shall be satisfied prior to issuance of a grading permit, or
shall be satisfied during the course of construction, (as the case may be), as
determined by the City Engineer upon recommendation by the environmental
consultant.
ENG 8. Submit a Rough Grading Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval.
a) A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that 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 http://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Precise Grading and Paving plan.
b) The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; a copy of the
associated Hydraulics Study/Report; and a copy of the associated Final
Project-Specific Water Quality Management Plan.
ENG 9. In accordance with the mitigation measure AQ-1 included in the Mitigated
Negative Declaration adopted for the project: Applicant shall do periodic
watering via water trucks to minimize any visible dust emissions and take
actions to prevent the tracking of bulk material onto public roads. Any project-
related spills or tracking of bulk material onto public surfaces should be
cleaned within 24 hours.
ENG 10. Prior to issuance of a Grading Permit, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
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Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist.
The applicant shall contact the Tribal Historic Preservation Officer or the
Tribal Archaeologist at (760) 699-6800, to determine their requirements, if
any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early
as possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to
arrange payment of any required fees associated with Tribal monitoring.
ENG 11. This project is located within a desert tortoise habitat area. In accordance with
the United States Fish & Wildlife Service (USFWS) Permit and the Coachella
Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Permit
Condition No. 45, the applicant shall conduct a desert tortoise clearance
survey to allow for the potential salvage of adult tortoises, in accordance with
the USFWS protocol, prior to issuance of Grading Permit. For more
information, contact the Coachella Valley Association of Governments at
(760) 346-1127 or go the website:
http://www.cvmshcp.org/Final%20USFWS%2OPermit,htm. A copy of the
results of the desert tortoise clearance survey shall be provided to the City
prior to issuance of grading permit.
ENG 12. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed at the limits of grading and/or
disturbed areas. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
ENG 13. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 14, Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on-site shall be permanently stabilized, in accordance with Palm Springs
Municipal Code Section 8.50.022. Following stabilization of all disturbed
areas, temporary dust control perimeter fencing shall be removed, as required
by the City Engineer.
ENG 15. The applicant shall obtain all required environmental permits (i.e. Section 401
Water Quality Certification, Section 404 Permit, and Section 1602 Streambed
Alteration Agreement) required for temporary or permanent construction
within the Whitewater Wash. The applicant shall provide copies of required
permits prior to approval of grading plans. Alternatively, the applicant shall
provide a copy of a determination from the U.S. Army Corps of Engineers that
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the project does not impact waters of the U.S., and a letter from the California
Department of Fish and Game authorizing construction of the project without
an agreement.
ENG 16. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system. A
copy of the executed letter issuing a Waste Discharge Identification (WDID)
number shall be provided to the City Engineer prior to issuance of a grading
or building permit.
ENG 17. Projects causing soil disturbance of one acre or more, must comply with the
General Permit for Stormwater Discharges Associated with Construction
Activity and shall prepare and implement a stormwater pollution prevention
plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-
construction management plan (including Best Management Practices) in
accordance with the current Construction General Permit. The project
applicant shall cause the approved final project-specific Water Quality
Management Plan to be incorporated by reference or attached to the project's
SWPPP as the Post-Construction Management Plan. A copy of the up-to-
date SWPPP shall be kept at the project site and be available for review upon
request.
ENG 18. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 19. 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 Engineering Division with the first submittal
of a grading plan.
ENG 20. The applicant shall 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. Documentation of all
compaction and other soils testing are to be provided. The City will not "final"
the project until the required certification is provided to the City Engineer.
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ENG 21, The applicant shall provide pad elevation certifications for all structure pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any structure foundation.
ENG 22. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 23. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre-treating contaminated
stormwater runoff and non-stormwater runoff, will be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design
and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat contaminated stormwater runoff and non-
stormwater runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City Engineer
and the RWQCB. Such measures shall be designed and installed on-site;
and provisions for perpetual maintenance of the measures shall be provided
to the satisfaction of the City Engineer.
ENG 24. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading
or building permit. The WQMP shall address the implementation of
operational Best Management Practices (BMP's) necessary to accommodate
nuisance water and storm water runoff from the site. Direct release of
nuisance water to the adjacent property or public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
ENG 25. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County-Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
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alternative instruments for requiring implementation of the approved Final
Project-Specific WQMP include: requiring the implementation of the Final
Project-Specific WQMP in Property Owner Association Covenants,
Conditions, and Restrictions (CC&R's); formation of Landscape, Lighting and
Maintenance Districts, Assessment Districts or Community Service Areas
responsible for implementing the Final Project-Specific WQMP; or equivalent.
Alternative instruments must be approved by the City Engineer prior to the
issuance of any grading or building permits.
ENG 26. Prior to issuance of "final" approval by City, the applicant shall: (a)
demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications; (b) demonstrate that
applicant is prepared to implement all non-structural BMP's included in the
approved Final Project-Specific WQMP, conditions of approval, or
grading/building permit conditions; and (c) demonstrate that an adequate
number of copies of the approved Final Project-Specific WQMP are available
for the future owners (where applicable).
DRAINAGE
ENG 27. In accordance with the mitigation measure HWQ-1 included in the Mitigated
Negative Declaration adopted for the project: The footprint of the solar arrays
will be small and will not significantly change the drainage patterns as the site
will remain almost completely pervious. A Preliminary On-site Drainage
Study, as well as a Preliminary Flood Hazard Assessment Report must be
completed and approved by the City prior to project entitlement; a HEC-RAS
analysis, a scour analysis along the Whitewater River within the project site
limits, and establishment of the Base Flood Elevation and the limits of the
100-year floodway and floodplain along the Whitewater River, shall be
included and established in the Flood Hazard Assessment Report. For most
of the site, the drainage pattern for a 100-year storm is sheet flow, which is
expected to be impacted little by the development. There are no water
resources on the site and no blueline streams or other drainage channels are
present within the area where the solar facilities will be located. The
Whitewater River is located about 500 feet east of the site; however, the
project is not expected to impact the water quality of this river.
ENG 28. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City Engineer.
For all stormwater runoff falling on the site, two berms on the east edge of the
project area may be constructed for additional protection, although not
specifically required by the Flood Hazard Assessment Report completed by
Barr Engineering. Any other facilities approved by the City Engineer, shall be
required to contain the increased stormwater runoff generated by the
development of the property, as described in the Preliminary Hydrology and
Hydraulic Study for that parcel identified by Assessor's Parcel No. 522-080-
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065, prepared by Lamda Engineering and Development, as revised in
September, 2012. Final sizing of all on-site storm drainage improvements
shall be determined in the final hydrology study and approved by the City
Engineer. Provisions for on-site retention of increased stormwater runoff shall
be required.
ENG 29. The project shall comply with provisions of Chapter 8.68 "Flood Damage
Prevention" of the Palm Springs Municipal Code, Section 8.68,170
"Standards of Construction", section (a) "Anchoring". In accordance with the
Code, all structures shall be constructed with foundations adequately
anchored to withstand the maximum total scour potential during the 100-year
storm.
ENG 30. The project shall comply with provisions of Chapter 8.68 "Flood Damage
Prevention" of the Palm Springs Municipal Code, Section 8.68.170
"Standards of Construction", section (c)(2) "Non Residential Construction". In
accordance with the Code, all mechanical and electrical equipment shall be
elevated a minimum of 2 feet above the base flood elevation (BFE); because
there is no BFE shown at this location, the BFE shall be determined as shown
under Municipal Code Section 83.68.140(c). Natural grade shall be
determined as the average grade of native soils surrounding each foundation,
not including gravel fill placed around the foundation.
ENG 31. There shall be no structures or obstructions installed on the project site at the
Whitewater Wash that could impede the flow of the Whitewater Wash.
ENG 32. Construct all necessary on-site storm drain improvements, including but not
limited to two berms on the east edges of the project area or other facilities,
as described in a Final Hydrology and Hydraulic Study for that parcel
identified by Assessor's Parcel No. 522-080-065, prepared by Lamda
Engineering and Development, reviewed and approved by the City Engineer.
ENG 33. All on-site storm drain systems shall be privately maintained.
GENERAL
ENG 34. All proposed utility lines shall be installed underground.
ENG 35. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the
main line to the property line.
ENG 36. 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
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the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
ENG 37. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of
a "final' approval by City. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 38. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 39. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF).
The LDMF shall be paid prior to issuance of Building Permit.
a. The project site is located within the Whitewater Floodplain Conservation
Area and Required Measure 3 and Required Measure 4 are applicable to
this site.
b. The project site is located adjacent to the Highway 111/Interstate 10
Conservation Area and Required Measure 1 is applicable to this site.
c. The project site is located in a Notification Area for Desert Tortoise and
Permit Condition No. 45 is applicable to this site.
TRAFFIC
ENG 40. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and barricading
shall be in accordance with Part 6 `Temporary Traffic Control' of the
California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated and
received on 03/26/12. Additional requirements may be required at that time
based on revisions to site plans.
53
Resolution 6298
Conditions of Approval Page 14 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC November 14,2012
FID 2. Fire Department Conditions were based on the 2010 California Fire Code.
Four complete sets of plans for fire alarm and fire protection systems must be
submitted at time of the building plan submittal.
FID 3. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all weather driving surface and support a minimum weight of 73,000
lbs.
FID 4. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
FID 5, Fire Department Access: Minimum width of 24' Fire Department Access
Roads shall be provided and maintained in accordance with (Sections 503
CFC) along the perimeter and interior roadways.
FID 6. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 7. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 8. Turning radius (CFC 503.2.4): The required turning radius of a fire apparatus
access road shall be determined by the fire code official. Fire access road
turns and corners shall be designed with a minimum inner radius of 25 feet
and an outer radius of 43 feet. Radius must be concentric.
FID 9. Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained at all times. Approved security gates shall be a minimum of 14
feet in unobstructed drive width on each side with gate in open position.
Secured automated vehicle gates or entries shall utilize approved Knox
54
Resolution 6298
Conditions of Approval Page 15 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC November 14. 2012
access switches as required by the fire code official. Secured non-automated
vehicle gates or entries shall utilize an approved padlock or chain (maximum
link or lock shackle size of/4 inch) when required by the fire code official.
FID 10. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
FID 11. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on
plan elevation views. Show requirement in plan notes.
END OF CONDITIONS
55
DESCRIPTION OF PROJECT:
The proposed Solar Generating Facility (Whitewater Solar Farm) will have a combined
generating capacity of 3.145 megawatts (MWDC) located on a total of approximately 12-acres Of
land that is currently being utilized for generating electrical power via wind turbines. For further
site information, see Appendix A for location maps, site photographs, and site plans. The
proposed solar project would operate year-round producing electric power during the daytime
hours. The proposed construction would begin with site preparation and construction of the
facility in 2012. Construction would take about three months and would be completed in 2012.
No permanent on-site operations & maintenance facilities would be constructed on the property,
and no portions of the site will be paved.
The project will employ photovoltaic (PV) modules that convert sunlight directly into electrical
energy without the use of heat transfer fluid or cooling water. There will be an array of 546
mounting tables. Each table will utilize four 4" x 4" steel tubing which will be driven into the
ground for a depth of 4'-6". The transformer and switchgear used to support the solar P.V.
system will be mounted on concrete pads with a maximum area 15' long x 8' wide with a
maximum depth of two feet. Three 3'-6" wide x 12' long x 2' deep concrete pads to support the
inverters will be placed along the side of the arrays. The solar panels that will be utilized will be
Phono Solar 240w Model number PS-240P-20U or equivalent Phono Solar modules. There will
be 13,104 modules. Project construction will consist of three phases including (1) site
preparation; (2) Solar system installation and testing, and (3) site cleanup. The specific activities
associated with these three phases are summarized below:
Site Preparation: The staging areas will be initially cleared and graded as necessary and the
existing access roads will be improved to appropriate construction standards to allow for the
movement of heavy construction vehicles. The staging area will include construction offices, a
first aid station, temporary buildings, worker parking, truck loading and unloading facilities, and an
area for assembling the solar array equipment. Road corridors on-site will be surveyed, cleared,
and graded in order to move equipment, materials, and workers on the site as needed. Flagging
will be utilized to denote the location of buried electrical lines, array locations, and the location of
various facilities. The site will be fenced with a security fence (i.e., chain-link) and at least two
gates will be installed. Initial erosion and sedimentation controls will be installed as per best
management practices, and water truck reloading stations will be established for dust control.
PV Installation and Testing: Installation of the solar system will require minimal earthwork,
grading, and erosion control. Plant substations will be constructed and the modules, supports,
and associated electrical equipment will be installed. The mounting and support structures will be
constructed of steeVconcrete and the design will be finalized pending final analysis r the soil
conditions. Concrete used for the footings, foundations, pads, and substation equipment will be
produced at an off-site by a local provider and transported to the site via truck. The final
specifications for the concrete will be determined during detailed design engineering; however,
production will meet applicable building codes. Waste generated during the construction phase
will be non-hazardous and will include cardboard, wood pallets, copper wire, scrap steel, common
trash, and wood wire spool. No hazardous materials will be generated during the construction
phase; although, construction equipment will contain various hazardous substances such as
hydraulic oil, diesel fuel, grease, lubricants, solvents, adhesives, paints, and other petroleum
based products. No permanent buildings will be constructed on the property. .
Site Cleanup: Once construction has been completed, site cleanup will occur including the
removal of construction wastes and materials from the site, which will be placed at a local waste
4 56
Collection center. The proponent will implement "best practices"during the construction phases.
The construction of the project through commencement of commercial operations will require
approximately 12 to 16 weeks. Approximately 30 workers will be required during peak
construction and will include both full-time and part-time workers.
No staff will be present on the site during the operation phase and the site will be monitored
remotely. Regular on-site visits will be conducted for security, maintenance, and system
monitoring. Planned maintenance of the solar modules and systems will be conducted during the
evening and site maintenance (e.g., mowing of grasses and shrubs) will be conducted during the
daylight hours. The solar panels will be washed twice yearly. The proponent does not anticipate
requesting any variances from the City at the present time.
SURROUNDING LAND USES AND SETTING:
The site is located south of Interstate 10 in Section 14, Township 3 South, Range 3 East in Palm
Springs, Califomia. The site currently supports wind turbines directly north of the proposed solar
facilities as depicted in Figures 3 and 4(Appendix A). There are no structures within the areas
proposed for the W hitewater Solar Farms facility, and there are no single-family dwellings within
one mile of the area. Elevations range from approximately 1,175 to 1,280 feet(MSL).
5
57
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COACHELLA VALLEY CONSERVATION COMMISSION C
Cathedral City • Coachella • Desert Not Springs -Indian Wells • Indio • La Quints Palm Desert • Palm Springs
Pancho Mirage County of Riverside • Coachella Valley Water District Imperial 1•rigation District
August 16, 2012
Ken Lyon
Associate Planner
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Joint Project Review 12-003a, Whitewater Solar Farm 1
Dear Mr. Lyon:
The Coachella Valley Conservation Commission (CVCC) has completed the Joint Project
Review (JPR) for Whitewater Solar Farm 1, a 3 Megawatt solar farm on 12 acres using ground
mounted racking. The draft JPR was sent to U.S. Fish and Wildlife Service (USFWS),
California Department of Fish and Game (CDFG), the City of Palm Springs and the applicant for
comment on July 9, 2012. No comments on the draft JPR were received.
A copy of the Final JPR (CVCC ID 12-003a) is enclosed. If you have questions on this JPR,
please do not hesitate to contact Jim Sullivan or me at 760-346-1127.
Sincerely,
1uwr-zs-
Katie Barrows
Director of Environmental Resources
Cc: David Allen, Whitewater Solar Farm 1, LLC
Michael Flores, California Department of Fish and Game
Jenness McBride, U.S. Fish and Wildlife Service *
Enclosure
�� 3
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73-710 Fred Waring[)•ive.Suite 200 •Palm Desert,CA 92260 •(760)346-1127 •kAX(760)340-5949 61
Coachella Valley Conservation Commission
Joint Project Review (JPR)
Date: August 16, 2012
Project Information
Permittee: City of Palm Springs
Applicant/Project Name: David Allen, Whitewater Solar Farm 1, LLC
CVCC ID: 12-003a
Conservation Area: Whitewater Floodplain Conservation Area
Total Project Acreage: 108 acres (parcel)
Project Acreage within Conservation Area: 90.5 acres
APNs within Conservation Area: 522-080-065
Project Description: Project seeks to develop a 3 Megawatt solar farm on 12 acres using ground
mounted racking. There are existing wind turbines on the parcel. A portion of the project
disturbance occurs outside the Conservation Area or is existing disturbance.
Proposed New Disturbance: 7.75 acres
Existing Disturbance in 1996 within Project Area: 10.5 acres
Proposed Conservation: 0 acres
DESER N07S RINGS
WhIewater
Solar Farm DikhR
1
Lr PALMS RINGS
C 7NED
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62
1
Conservation Objectives Review:
The Conservation Objectives for the Whitewater Floodplain Conservation Area are described in Section 4.3 of the CVMSHCP.
These Conservation Objectives are summarized in the tables below.
`Cable 1: Whitewater Solar Farm 1. Conservation Objectives Analysis—Whitesvater floodplain Conservation Area
Proposed Disturbance Rough Step(Acres Total Acres of Current Acres Proposed Conservation Total Acres of Current Acres of posed Conservation
as a Percentage of of Disturbance
Proposed Authorized pro as a Percentage of
Objective Current Authorized Currently posed Remaining to be
Disturbance Disturbance y Conservation Conserved Current Remaining
Disturbance Available) Conservation
Coachella Valley
Round-tailed Ground Squirrel-Core 100 328 0.3% 86 0.00 2427 0%
Habitat
Palm Springs Pocket Mouse-Core Habitat 7.75 347 2.2% 89 0.00 2577 p%
Le Conte's Thrasher-
Other Conserved 7.75 381 2.0% 94 0.00 2874 0%
Habitat
Sand Transport 7.75 387 2.0% 95 0.00 2925 p%
Whitewater River 7.75 90 8.6% l4 °
Corridor 0.00 759 0/°
Required Measures for the Conservation Area Applicable to this Proposed Project
Required Measure 4
The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land
Use Adjacency Guidelines as described in Section 4.5.
m
w 2
Other Plan Requirements
Section 4.4: Avoidance, Minimization, and
Mitigation Measures
Biological Corridors. Specific roads in Conservation Areas, where culverts or
undercrossings are required to maintain Biological Corridors, are delineated in the
Section 4.3 subsections on individual Conservation Areas.
Burrowing Owl. This measure does not apply to single-family residences and any non-
commercial accessory uses and structures including but not limited to second units on an existing
legal lot, or to 0&M of Covered Activities other than levees,berms, dikes, and similar features
that are known to contain burrowing owl burrows. O&M of roads is not subject to this
requirement. For other projects that are subject to CEQA, the Permittees will require burrowing
owl surveys in the Conservation Areas using an accepted protocol (as determined by the CVCC
in coordination with the Permittees and the Wildlife Agencies). Prior to Development, the
construction area and adjacent areas within 500 feet of the Development site, or to the edge of
the property if less than 500 feet, will be surveyed by an Acceptable Biologist for burrows that
could be used by burrowing owl. If a burrow is located,the biologist will determine if an owl is
present in the burrow. If the burrow is determined to be occupied, the burrow will be flagged and
a 160-foot buffer during the non-breeding season and a 250-foot buffer during the breeding
season, or a buffer to the edge of the property boundary if less than 500 feet, will be established
around the burrow. The buffer will be staked and flagged. No Development or O&M activities
will be permitted within the buffer until the young are no longer dependent on the burrow.
If the burrow is unoccupied, the burrow will be made inaccessible to owls, and the
Covered Activity may proceed. If either a nesting or escape burrow is occupied, owls shall be
relocated pursuant to accepted Wildlife Agency protocols. A burrow is assumed occupied if
records indicate that, based on surveys conducted following protocol, at least one burrowing owl
has been observed occupying a burrow on site during the past three years. If there are no records
for the site, surveys must be conducted to determine, prior to construction, if burrowing owls are
present. Determination of the appropriate method of relocation, such as eviction/passive
relocation or active relocation, shall be based on the specific site conditions (e.g., distance to
nearest suitable habitat and presence of burrows within that habitat) in coordination with the
Wildlife Agencies. Active relocation and eviction/passive relocation require the preservation and
maintenance of suitable burrowing owl habitat determined through coordination with the
Wildlife Agencies.
Desert tortoise. This measure does not apply to single-family residences and any non-
commercial accessory uses and structures, including but not limited to second units on an existing
legal lot, or to O&M of Covered Activities for Permittee infrastructure facilities. Within
Conservation Areas, the Permittees will require surveys for desert tortoise for Development in
modeled desert tortoise Habitat. Prior to Development, an Acceptable Biologist will conduct a
presence/absence survey of the Development area and adjacent areas within 200 feet of the
3 64
Development area, or to the property boundary if less than 200 feet and permission from the adjacent
landowner cannot be obtained, for fresh sign of desert tortoise, including live tortoises,tortoise
remains, burrows,tracks, scat, or egg shells. The presence/absence survey must be conducted during
the window between February 15 and October 31. Presence/absence surveys require 100%coverage
of the survey area. If no sign is found, a clearance survey is not required. A presence/absence survey
is valid for 90 days or indefinitely if tortoise-proof fencing is installed around the Development site.
If fresh sign is located,the Development area must be fenced with tortoise-proof fencing and
a clearance survey conducted during the clearance window. Desert tortoise clearance surveys shall be
conducted during the clearance window from February 15 to June 15 and September I to October 31
or in accordance with the most recent Wildlife Agency protocols. Clearance surveys must cover
100% of the Development area. A clearance survey must be conducted during different tortoise
activity periods (morning and afternoon). All tortoises encountered will be moved from the
Development site to a specified location. Prior to issuance of the Permits, CVCC will either use the
Permit Statement Pertaining to High Temperatures for Handling Desert Tortoises and Guidelines for
Handling Desert Tortoises During Construction Projects, revised July 1999, or develop a similar
protocol for relocation and monitoring of desert tortoise, to be reviewed and approved by the
Wildlife Agencies. Thereafter, the protocol will be revised as needed based on the results of
monitoring and other information that becomes available.
Inactive Season Protocol. This protocol is applicable to pre-construction and construction
phases of utility Covered Activity projects occurring between November 1 and February 14. These
protocols apply only to the site preparation and construction phases of projects. The project
proponent must follow the eight pre-construction protocol requirements listed below.
1. A person from the entity contracting the construction shall act as the contact person with the
representative of the appropriate RMUC. He/she will be responsible for overseeing
compliance with the protective stipulations as stated in this protocol.
2. Prior to any construction activity within the Conservation Areas, the contact person will meet
with the representative of the appropriate RMUC to review the plans for the project. The
representative of the appropriate RMUC will review alignment, pole spacing, clearing limits,
burrow locations, and other specific project plans which have the potential to affect the desert
tortoise. He or she may recommend modifications to the contact person to further avoid or
minimize potential impacts to desert tortoise.
3. The construction area shall be clearly fenced, marked, or flagged at the outer boundaries to
define the limits of construction activities. The construction right of-way shall normally not
exceed 50 feet in width for standard pipeline corridors, access roads and transmission
corridors, and shall be minimized to the maximum extent Feasible. Existing access roads
shall be used when available, and rights-of way for new and existing access roads shall not
exceed 20 feet in width unless topographic obstacles require greater road width. Other
construction areas including well sites, storage tank sites, substation sites,turnarounds, and
laydown/staging sites which require larger areas will be determined in the preconstruction
phase.All construction workers shall be instructed that their activities shall be confined to
locations within the fenced, flagged, or marked areas.
4. An Acceptable Biologist shall conduct pre-construction clearance surveys of all areas
potentially disturbed by the proposed project. Any winter burrows discovered in the
Conservation Areas during the pre-construction survey shall be avoided or mitigated. The
survey shall be submitted to the representative of the appropriate RMUC as part of plan
review.
4 65
5. All site mitigation criteria shall be determined in the pre-construction phase, including but
not limited to seeding, barrier fences, leveling, and laydown/staging areas, and will be
reviewed by the representative of the appropriate RMUC prior to implementation.
6. A worker education program shall be implemented prior to the onset of each construction
project. All construction employees shall be required to read an educational brochure
prepared by the representative of the appropriate RMUC and/or the RMOC and attends a
tortoise education class prior to the onset of construction or site entry. The class will describe
the sensitive species which may be found in the area, the purpose of the MSHCP Reserve
System, and the appropriate measures to take upon discovery of a sensitive species. It will
also cover construction techniques to minimize potential adverse impacts.
7. All pre-construction activities which could Take tortoises in any manner(e.g., driving off an
established road, clearing vegetation, etc.) shall occur under the supervision of an Acceptable
Biologist,
8. If there are unresolvable conflicts between the representative of the appropriate RMUC and
the contact person, then the matter will be arbitrated by the RMOC and, if necessary, by
CVCC.
The following terms are established to protect the desert tortoise during utility related
construction activities in the Conservation Areas and are to be conducted by an Acceptable Biologist.
•S An Acceptable Biologist shall oversee construction activities to ensure compliance with the
protective stipulations for the desert tortoise.
❖ Desert tortoises found above ground inside the project area during construction shall be
moved by an Acceptable Biologist out of harm's way and placed in a winter den (at a distance
no greater than 250 feet). If a winter den cannot be located, the USFWS or CDFG shall
determine appropriate action with respect to the tortoise. Tortoises found above ground shall
be turned over to the Acceptable Biologist
No handling of tortoises will occur when the air temperature at 15 centimeters above ground
exceeds 90 degrees Fahrenheit.
Desert tortoise burrows shall be avoided to the maximum extent Feasible. An Acceptable
Biologist shall excavate any burrows which cannot be avoided and will be disturbed by
construction. Burrow excavation shall be conducted with the use of hand tools only, unless
the Acceptable Biologist determines that the burrow is unoccupied immediately prior to
burrow destruction.
❖ Only burrows within the limits of clearing and surface disturbance shall be excavated.
Burrows outside these limits, but at risk from accidental crushing, shall be protected by the
placement of deterrent barrier fencing between the burrow and the construction area.
Installation and removal of such barrier fencing shall be under the direction and supervision
of an Acceptable Biologist.
•'r For electrical transmission line and road construction projects, only burrows within the right-
of-way shall be excavated.Burrows outside the right-of-way, but at risk from accidental
crushing, shall be protected by the placement of deterrent barrier fencing between the burrow
and the right-of-way. Installation and removal of such barrier fencing shall be under the
direction and supervision of an Acceptable Biologist.
❖ Tortoises in the Conservation Areas are not to be removed from burrows until appropriate
action is determined by USFWS or CDFG with respect to the tortoise. The response shall be
carried out within 72 hours.
❖ Blasting is not permissible within 100 feet of an occupied tortoise burrow.
During construction, contractors will comply with the mitigation and minimization measures
contained within this protocol. These measures are:
5 s4
❖ All trenches, pits, or other excavations shall be inspected for tortoises by an
Acceptable Biologist prior to filling.
•: All pipes and culverts stored within desert tortoise Habitat shall have both ends
capped to prevent entry by desert tortoises. During construction, all open ended
pipeline segments that are welded in place shall be capped during periods of
construction inactivity to prevent entry by desert tortoises.
& Topsoil removed during trenching shall be re-spread on the pipeline construction area
following compaction of the backfill. The area shall be restored as determined during
the environmental review.
4• All test pump water will be routed to the nearest wash or natural drainage. The route
will be surveyed by an Acceptable Biologist. If tortoises are found in the drainage
area the Acceptable Biologist will remove the tortoises.
Powerlines associated with water development, such as to provide power for pumps,
should be buried underground adjacent to the pipe.All above ground structures
deemed to be necessary shall be equipped with functional anti-perching devices that
would prevent their use by ravens and other predatory birds, and shall adhere to the
electrical•distribution protocol which follows.
❖ In order to perform routine O&M of the water systems such as wells,pumps,water
lines and storage tanks, etc., employees are to be trained in the area of desert tortoise
education. This training will be performed on a regular basis by an Acceptable
Biologist for those personnel not previously trained. The training will include at a
minimum the following: identification of tortoises, burrows, and other sign; and
instructions on installing tortoise barrier fencing. During the course of basic O&M,
desert tortoise will be avoided. Untrained employees shall not perform maintenance
operations within the reserve.
All disturbance areas around poles or concrete pads will be reduced to a size just
large enough for the construction activity.
s� Areas disturbed around poles or construction pads will be restored as determined
during the pre-construction process.
4• Poles or other above ground structures necessary for electrical distribution
development shall be minimized as much as possible.All above ground structures
shall be equipped with functional anti-perching devices that would prevent their use
by ravens and other predatory birds.
•'r In order to perform routine O&M of the electrical distribution systems such as
transmission lines and poles, substations, etc., employees are to be trained in the area
of desert tortoise education. This training will be performed on a regular basis by a
qualified biologist for those personnel not previously trained. The training will
include at a minimum the following: identification of tortoises,burrows, and other
sign; and instructions on installing tortoise barrier fencing. During the course of
basic O&M, desert tortoise will be avoided. Untrained employees shall not perform
maintenance operations within the non-Take areas.
All trash and food items shall be promptly contained and removed daily from the
project site to reduce the attractiveness of the area to common ravens and other desert
tortoise predators.
❖ Construction activities which occur between dusk and dawn shall be limited to areas
which have already been cleared of desert tortoises by the Acceptable Biologist and
graded or located in a fenced right-of-way. Construction activities shall not be
permitted between dusk and dawn in areas not previously graded. Active Season
Protocol. This protocol is applicable to pre-construction and construction phases of
67
6
utility development projects occurring between February 15 and November 1. It is
identical to the Inactive Season Protocol with the following additions:
❖ Work areas shall be inspected for desert tortoises within 24 hours of the onset of
construction. To facilitate implementation of this condition, burrow inspection and
excavation may begin no more than seven (7) days in advance of construction
activities, as long as a final check for desert tortoises is conducted at the time of
construction.
d• All pre-construction activities which could Take tortoises in any manner(e.g., driving
off an established road, clearing vegetation,etc.) shall occur under the overall
supervision of an Acceptable Biologist. Any hazards to tortoises created by this
activity, such as drill holes, open trenches,pits, other excavations, or any steep-sided
depressions, shall be checked three times a day for desert tortoises. These hazards
shall be eliminated each day prior to the work crew leaving the site,which may
include installing a barrier that will preclude entry by tortoises. Open trenches,pits
or other excavations will be backfilled within 72 hours,whenever possible. A 3:1
slope shall be left at the end of every open trench to allow trapped desert tortoises to
escape. Trenches not backfilled within 72 hours shall have a barrier installed around
them to preclude entry by desert tortoises. All trenches,pits, or other excavations
shall be inspected for tortoises by a biological monitor trained and approved by the
Acceptable Biologist prior to filling.
If a desert tortoise is found,the biological monitor shall notify the Acceptable
Biologist who will remove the animal as soon as possible.
Only burrows within the limits of clearing and surface disturbance shall be excavated.
Burrows outside these limits, but at risk from accidental crushing, shall be protected
by the placement of deterrent barrier fencing between the burrow and the construction
area. The barrier fence shall be at least 20 feet long and shall be installed to direct the
tortoise leaving the burrow away from the construction area. Installation and removal
of such barrier fencing shall be under the direction and supervision of the biological
monitor.
If blasting is necessary for construction, all tortoises shall be removed from burrows
within 100 feet of the blast area.
Disposition of Sick,Injured, or Dead Specimens. Upon locating dead, injured, or sick desert
tortoises under any utility or road project, initial notification by the contact representative or
Acceptable Biologist must be made to the USFWS or CDFG within three (3)working days of its
finding. Written notification must be made within five (5)calendar days with the following
information: date; time; location of the carcass; photograph of the carcass; and any other pertinent
information. Care must be taken in handling sick or injured animals to ensure effective treatment and
care. Injured animals shall be taken care of by the Acceptable Biologist or an appropriately trained
veterinarian. Should any treated tortoises survive, USFWS or CDFG should be contacted regarding
the final disposition of the animals.
Fluvial Sand Transport. Activities, including O&M of facilities and construction of
permitted new projects, in fluvial sand transport areas in the Cabazon, Stubbe and Cottonwood
Canyons, Snow Creek/Windy Point, Whitewater Canyon, Whitewater Floodplain, Upper
Mission Creek/Big Morongo Canyon, Mission Creek/Morongo Wash, Willow Hole, Long
Canyon, Edom Hill, Thousand Palms, West Deception Canyon, and Indio Hills/Joshua Tree
G
76-8
National Park Linkage Conservation Areas will be conducted in a manner to maintain the fluvial
sand transport capacity of the system.
Le Conte's Thrasher. This measure does not apply to single-family residences and any
non-commercial accessory uses and structures including but not limited to second units on an
existing legal lot, or to O&M of Covered Activities. In modeled Le Conte's thrasher Habitat in
all the Conservation Areas, during the nesting season, January 15 -June 15, prior to the start of
construction activities, surveys will be conducted by an Acceptable Biologist on the construction
site and within 500 feet of the construction site, or to the property boundary if less than 500 feet.
If nesting Le Conte's thrashers are found, a 500 foot buffer, or to the property boundary if less
than 500 feet, will be established around the nest site. The buffer will be staked and flagged. No
construction will be permitted within the buffer during the breeding season of January 15 - June
15 or until the young have fledged.
Triple-ribbed milkvetch. This measure does not apply to single-family residences and
any non-commercial accessory uses and structures including but not limited to second units on
an existing legal lot, or to O&M of Covered Activities. It is understood that O&M for
infrastructure developed as part of a private development approved in compliance with the
MSHCP that is later transferred to a public entity is included as a Covered Activity. For Covered
Activities within modeled triple-ribbed milkvetch Habitat in the Whitewater Canyon,
Whitewater Floodplain, Upper Mission Creek/Big Morongo Canyon, and Santa Rosa and San
Jacinto Mountains Conservation Areas, surveys by an Acceptable Biologist will be required for
activities during the growing and flowering period from February 1 - May 15. Any occurrences
of the species will be flagged and public infrastructure projects shall avoid impacts to the plants
to the maximum extent Feasible. In particular, known occurrences on a map maintained by
CVCC shall not be disturbed.
8 69
Section 4. S Land Use Adjacency Guidelines
The purpose of Land Use Adjacency Guidelines is to avoid or minimize indirect effects
from Development adjacent to or within the Conservation Areas. Adjacent means sharing a
common boundary with any parcel in a Conservation Area. Such indirect effects are commonly
referred to as edge effects, and may include noise, lighting, drainage, intrusion of people, and the
introduction of non-native plants and non-native predators such as dogs and cats. Edge effects
will also be addressed through reserve management activities such as fencing. The following
Land Use Adjacency Guidelines shall be considered by the Permittees in their review of
individual public and private Development projects adjacent to or within the Conservation Areas
to minimize edge effects, and shall be implemented where applicable.
4.5.1 Drainage
Proposed Development adjacent to or within a Conservation Area shall incorporate
plans to ensure that the quantity and quality of runoff discharged to the adjacent Conservation
Area is not altered in an adverse way when compared with existing conditions. Stormwater
systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic
plant materials or other elements that might degrade or harm biological resources or ecosystem
processes within the adjacent Conservation Area.
4.5.2 Toxics
Land uses proposed adjacent to or within a Conservation Area that use chemicals or
generate bioproducts such as manure that are potentially toxic or may adversely affect wildlife
and plant species, Habitat, or water quality shall incorporate measures to ensure that application
of such chemicals does not result in any discharge to the adjacent Conservation Area.
4.5. Lighting
Numerous studies have shown artificial light to negatively impact a variety of wildlife
species (see,,for example, Ecological consequences of artificial night lighting 2006, Rich, C. and
Longeore, T. (eds.). Island Press: Washington, D.C.). The purpose of this guideline is to
minimize the impact of artificial light on wildlife within Conservation Areas. For proposed
Development adjacent to or within a Conservation Area, lighting shall be shielded and directed
toward the developed area. Landscape shielding or other appropriate methods shall be
incorporated in project designs to minimize the effects of lighting adjacent to or within the
adjacent Conservation Area. Projects requiring discretionary approval shall provide the
permitting jurisdiction with a light study showing the proposed methods to minimize escape of
light from the project into Conservation Areas. This study shall include all exterior lighting
including street lights and security lighting.
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4.5.4 Noise
Noise has been shown to negatively impact numerous species of wildlife (see, for
example, Bowles, A.E. 1995. Responses of wildlife to noise. pp. 109-156. In: Knight, R.L.
and K.J. Gutzwiller. (eds.) Wildlife and Recreationists: Coexistence through Management
and Research. Island Press: Washington, D.C.). The purpose of this guideline is to minimize
the impact the noise on wildlife within Conservation Areas. Proposed Development adjacent to
or within a Conservation Area that generates noise in excess of 75 dBA Leq hourly, as measured
at the property line, shall incorporate setbacks, berms, or walls, as appropriate, to minimize the
effects of noise on the adjacent Conservation Area. Required Measures in any Conservation
Area that preclude or limit berms or walls shall have precedence over this guideline. This
guideline is intended to apply to land uses that generate noise on a permanent basis such as race
tracks, night clubs and shooting ranges and does not apply to temporary noise due to construction
or special events. Public safety activities are exempt from this guideline.
4.5.5 Invasives
Invasive species are a known threat to native wildlife and wildlife habitat in the
Coachella Valley. Impacts of invasive species on wildlife in the Coachella Valley have been
documented in research conducted by the Center for Conservation Biology at the University of
California, Riverside. Invasive, non-native plant species shall not be incorporated in the
landscape for land uses adjacent to or within a Conservation Area. Landscape treatments within
or adjacent to a Conservation Area shall incorporate native plant materials to the maximum
extent Feasible; recommended native species are listed in Table 4-112. The plants listed in Table
4-113 shall not be used within or adjacent to a Conservation Area. This list may be amended
from time to time through a Minor Amendment with Wildlife Agencies' concurrence.
Table 4-112: Coachella Valle Native Plants Recommended for Landsca ingl
BOTANICAL NAME COMMON NAME
Trees
Washin tonia li era California Fan Palm
Cercidium oridum Blue Palo Verde
Chilo sis linearis Desert Willow
Olne a tesota Ironwood Tree
Proso is landulosa var torre ana Honey Mesquite
Shrubs
Acacia greggii Cat's Claw Acacia
Ambrosia dumosa Burro Bush
Atri lex canescens Four WinR Saltbush
Atri lex lenti ormis Quailbush
Atriplex polycarpa Cattle Spinach
Baccharisser iloides Squaw Water-weed
Bebia 'uncea Sweet Bush
Cassia(Senn)covesii Desert Senna
10 71
BOTANICAL NAME COMMON NAME
iCrDalea
ndalia ar i Crucilllo
ossosoma bi elovii Crossosoma
emo i e Weed
Dalea (Psorothamnus)schottii Indi o Bush
Datura meteloides Jimson Weed
Encelia arinosa Brittle Bush
E hedra as era Mormon Tea
Erio onum asciculatum California Buckwheat
Erio onum wri htii membranaceum Wright's Buckwheat
Fa onia laevis o Common Name
Gutierrezia sarothrae Matchweed
hLaplopappus acradenius Goldenbush
Hibiscus denudates Desert Hibiscus
Hqffinannsc�ggia micro hylla Rush Pea
H menoclea salsola Cheesebush
H tis emoryi Desert Lavender
Isomeris arborea Bladder Pod
Juni erus call ornica California Juniper
Krameria grayi Ratan
Krameria arvi olia Little-leaved Ratan
Larrea tridentate Creosote Bush
Lotus ri idus Desert Rock Pea
L cium andersonii Box Thorn
Petalon x linearis Long-leaved Sand a er Plant
Petalon x thurberi Sand a er Plant
Peuce h llum schottii PvFmv Cedar
Prunus emontii Desert A ricot
Rhus ovata Sugar-bush
Salazaria mexicana Paper-bag Bush
Salvia a Tana White Sage
Salvia eremostach a Santa Rosa Sage
Salvia vase i Wand Save
Simmondsia chinensis J joba
S haeralcia amhijZua Globemallow(Desert Mallow
S haeralcia ambigua rosacea Apricot Mallow
Trixis call ornica Trixis
Zauschneria call ornica California Fuchsia
Groundcovers
Mirabilis bi elovii Wishbone Bush (Four O'Clock
Mirabilis tenuiloba White Four O'Clock Thin-lobed
Vines
Vitis girdiana Desert Gra e
Accent
Muhlenber is ri ens Deer Grass
Herbaceous Perennials
Adiantum ca illus-veneris Maiden-hair Fern(w
Carex alma Sedge w
Dalea panyi Parry Dalea
Eleocharis montevidensis Spike Rush w
11 7Z
BOTANICAL NAME COMMON NAME
E uisetum laevi atum Horsetail (w
Juncus bu onis Toad Rush w
Juncus affuses Juncus w
Juncus macrophyllus Juncus w
Juncus mexicanus Mexican Rush w
Juncus xi hioides Juncus w)
Notholaena parryi Parry Cloak Fem
Pallaea mucronata Bird-foot Fem
Cacti and Succulents
Agave deserti Desert Agave
Ascle ias albicans Desert Milkweed(Buggy-whip)
Ascle ias subulata Aiamete
Dudle a arizonica Live-forever
Dudle a saxosa Rock Dudle a
Echinocereus en elmannii Calico Hedgehog Cactus
Ferocactus acanthodes Barrel Cactus
Fou uieria s lendens Ocotillo
Mamillaria dioica Nipple Cactus
Mamillaria tetrancistra Corkseed Cactus
Nolina parryi Parry Nolina
O untia acanthocar a Stag-horn or Deer-horn Cholla
O untia bi elovii Teddv Bear or Jumping 11imping Cholla
O untia basilaris Beavertail Cactus
O untia echinocar a Silver or Golden Cholla
O untia ramosissima Pencil Cholla, Dariin Needle Cholla
Yucca schidi era Moiave Yucca, Spanish Da er
Yucca whi lei Our Lord's Candle
Source: "Coachella Valley Native Plants, Excluding Annuals (0 ft. to approximately 3,000 ft. elevation)."
Compiled by Dave Heveron, Garden Collections Manager, and Kirk Anderson, Horticulturist, The Living Desert,
May,2000, for the Coachella Valley Mountains Conservancy.
2 Common names for herbaceous perennials that are followed by"(w)"indicate a water or riparian species.
Table 4-113: Prohibited Invasive Ornamental Plants'
BOTANICAL NAME COMMON NAME
Acacias all species except A. re ii Acacia all species except native catclaw acacia
Arundo donax (-) Giant Reed or Arnndo Grass
Air i lex semibaccata ( Australian Saltbush
Avena barbata Slender Wild Oat
Avena atua Wild Oat
Brassica tourne ortii(✓ African or Saharan Mustard
Bromus madritensis ss . rubens ( Red Brome
Bromus tectorum ✓ Cheat Grass or Downy Brome
Cortaderia 'ubata [syn.C. atacamensis] Jubata Grass or Andean Pampas Grass
Cortaderia dioica [syn. C. selloanal Pampas Grass
Descurainia so hia Tansy Mustard
Eichhornia crassi es Water Hyacinth
Elae us anguslifiblia Russian Olive
Foeniculum vul are I Sweet Fennel
12
73
BOTANICAL NAME COMMON NAME
Hirsch eldia incana Mediterranean or Short-pod Mustard
Le ldium lati olium Perennial Pennemmi
Lolium multi orum Italian R e rass
Nerium oleander Oleander
Nicotiana glauea ( Tree Tobacco
Oenothera berlandieri (#) Mexican Evening Primrose
Olea euro ea European Olive Tree
Parkinsonia aculeata ( Mexican Palo Verde
Pennisetum clandestinum Kikuyu Grass
Pennisetum setaceum (✓ Fountain Grass
Phoenix canariensis # Canaa Island Date Palm
Phoenix dac li era # Date Palm
Ricinus communis (v� Castorbean
Salsola tra us( Russian Thistle
Schinus molle Peruvian Pepper Tree or California Pepper
Schinus terebinthi olius Brazilian Pe er Tree
Schismus arabicus Mediterranean Grass
Schismus barbatus Saharan Grass, Abu Mashi
Sti a ca ensis (✓ No Common Name
Tamara spp. (all species) (✓ Tamarisk or Salt Cedar
Taeniatherum ca ut-medusae Medusa-head
Tribulus terrestris Puncturevine
Vinca major Periwinkle
Washin tonia robusta Mexican fan palm
Yucca gloriosa (#) S apish Da er
Sources: California Exotic Pest Plant Council, United States Department of Agriculture-Division of Plant Health
and Pest Prevention Services, California Native Plant Society, Fremontia Vol. 26 No. 4, October 1998, The
Jepson Manual; Higher Plants of California,and County of San Diego Department of Agriculture.
Key to Table 4-113:
# indicates species not on CaIEPPC October 1999"Exotic Pest Plants of Greatest Ecological Concern
in California"list
✓ indicates species known to be invasive in the Plan Area
✓✓ indicates particularly troublesome invasive species
4.S.6 Barriers
Land uses adjacent to or within a Conservation Area shall incorporate barriers
inindividual project designs to minimize unauthorized public access, domestic animal,predation,
illegal trespass, or dumping in a Conservation Area. Such barriers may include-native
landscaping, rocks/boulders, fencing, walls and/or signage.
4.S. 7 Grading/Land Development
Manufactured slopes associated with site Development shall not extend into adjacent land in a
Conservation Area.
l3 74
CITY OF PALM SPRINGS
PO pPLM sp4
i1
Q
u DEPARTMENT OF PLANNING SERVICES
"ps MEMORANDUM
Date: October 24, 2012
To: The Planning Commission
From: Ken Lyon, Associate Planner
Subject: Case 5.1277 CUP WhitewarSolar rm Solar Project
Revised Conditions of Approval
Attached is the full set of draft conditions of approval for the subject project. The conditions in
your staff report packet were missing Engineering conditions. They are included in the copy
attached under this cover.
Please also note the following recommendation from the City Engineer:
Note that there are existing 33-kilovolt overhead utility lines along the south and
west property lines of the project site that are there for the existing wind energy
turbines on the site and in the area. Because the area is rural and includes many
wind energy turbines, staff is recommending that the undergrounding
requirement in the City of Palm Springs Municipal Code be waived for this
project
In making a possible approval action on this project, the maker of the motion may choose to
include this waiver of undergrounding of existing overhead line be included in the motion.
75
[Type text]
RESOLUTION NO.
EXHIBIT A
Case 5.1277 CUP
Whitewater Solar Farm 1, LLC. for a 3 MW Solar Energy Conversion System
At 58641 Tipton Road (APN 511-080-065
October 24, 2012
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. _P_ro]ect Description. This approval is for the project described per Case
5.1277 CUP; except as modified with the approved Mitigation Monitoring
Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped March 13, 2012, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division except as modified by the
approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1277 CUP The City of Palm Springs will promptly
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Case 5.1277 CUP Whitewater Solar Farm 1, LLC October24,2012
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 the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property
line, in a first class condition, free from waste and debris, and in accordance
with all applicable law, rules, ordinances and regulations of all federal, state,
and local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once constructed, the Conditional Use Permit, provided the project has
remained in compliance with all conditions of approval, does not have a time
limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be $4,000 per net acre. (For purposes of calculating the fee, net
acreage is defined as the land area inclusive of all photo voltaic panels,
inverters, transformers and other equipment enclosures, and service roads).
Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public
Arts Commission, and the property owner shall enter into a recorded
agreement to maintain the art work and protect the public rights of access and
viewing.
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Case 5.1277 CUP Whitewater Solar Farm 1, LLC October 24,2012
ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. CVMSHCP Whitewater River Conservation Area. The project requires 7.75
acres of "Take" to be authorized by the City Council of the City of Palm
Springs from the Whitewater River Conservation Area, including Take for
three (3) covered species, the process of sand transport and from the
Whitewater River corridor itself. The project shall conform to all requirements
of Section 4.4 "Avoidance, Minimization, and Mitigation Measures" and
Section 4.5 "Land Use Adjacency Guidelines' of the MSHCP as outlined in
the Final Report of the Joint Project Review dated August 16, 2012.
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
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Case 5.1277 CUP Whitewater Solar Farm 1, LLC October 24,2012
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 4. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment.
ENV 5. Long Term Soil Stabilization and Dust Control. Those portions of the site that
are to be graded, cleared, and grubbed of natural vegetation for the
installation of the solar panel structures shall be provided with a long term soil
stabilization program acceptable to the City of Palm Springs to control wind
borne dust and particulates. This may be either an overlay of gravel at sizes
of 3/4" or larger or other equivalent means as approved by the Dust Control
Management Division of the City Public Works Department.
ENV 6. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 7. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability
of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
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Case 5.1277 CUP Whitewater Solar Farm 1, LLC October 24,2012
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 3. Flat Roof Reguirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as off-white, beige or tan.
PLN 4. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 8. (add any additional conditions imposed by the Planning Commission or Citv
Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
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Case 5.1277 CUP Whitewater Solar Farm 1, LLC October 24,2012
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
GENERAL
ENG 1. The applicant shall provide proof of legal access to the project site from a
public roadway.
STREETS
ENG 2. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ON-SITE CONSTRUCTION PHASE
ENG 3. The on-site perimeter access roads shall be a minimum of 20 feet wide and
be accessible to fire apparatus weighing up to 73,000 pounds in accordance
with the fire code.
ENG 4. Construction, use, and maintenance of the all of the proposed on-site access
roads shall comply with the Chapter 8.50 (Fugitive Dust Control) of the Palm
Springs Municipal Code.
ENG 5. Construct tum-around areas meeting the requirements of the Fire Marshall
and City Engineer, at each of the project entries.
ENG 6. Construct a minimum 20 feet wide, 6 inch concrete driveway at the project
entry off Whitewater Canyon Road (which is a 50 feet wide access and
drainage easement) at the west property line on the project site, unless
otherwise approved by the City Engineer. The access shall be gated and
locked; and lock box key provided to the Fire Department for emergency
access.
GRADING
ENG 7. The applicant shall employ an environmental consultant whose responsibility
shall be to monitor the applicant's compliance with all required mitigation
measures associated with the project on behalf of the City Engineer. The
environmental consultant shall work independently of the applicant, and shall
report to the City Engineer to identify measures satisfied in accordance with
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the Mitigated Negative Declaration adopted for the project. All applicable
mitigation measures shall be satisfied prior to issuance of a grading permit, or
shall be satisfied during the course of construction, (as the case may be), as
determined by the City Engineer upon recommendation by the environmental
consultant.
ENG 8. Submit a Rough Grading Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval.
a) A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that 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 htta://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Precise Grading and Paving plan.
b) The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; a copy of the
associated Hydraulics Study/Report; and a copy of the associated Final
Project-Specific Water Quality Management Plan.
ENG 9. In accordance with the mitigation measure AQ-1 included in the Mitigated
Negative Declaration adopted for the project: Applicant shall do periodic
watering via water trucks to minimize any visible dust emissions and take
actions to prevent the tracking of bulk material onto public roads. Any project-
related spills or tracking of bulk material onto public surfaces should be
cleaned within 24 hours.
ENG 10. Prior to issuance of a Grading Permit, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
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Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist.
The applicant shall contact the Tribal Historic Preservation Officer or the
Tribal Archaeologist at (760) 699-6800, to determine their requirements, if
any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early
as possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to
arrange payment of any required fees associated with Tribal monitoring.
ENG 11. This project is located within a desert tortoise habitat area. In accordance with
the United States Fish & Wildlife Service (USFWS) Permit and the Coachella
Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Permit
Condition No. 45, the applicant shall conduct a desert tortoise clearance
survey to allow for the potential salvage of adult tortoises, in accordance with
the USFWS protocol, prior to issuance of Grading Permit. For more
information, contact the Coachella Valley Association of Governments at
(760) 346-1127 or go the website:
hffo://www.cvmshcp.org/Final%20USFWS%2OPermit.htm. A copy of the
results of the desert tortoise clearance survey shall be provided to the City
prior to issuance of grading permit.
ENG 12. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed at the limits of grading and/or
disturbed areas. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
ENG 13. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 14. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on-site shall be permanently stabilized, in accordance with Palm Springs
Municipal Code Section 8.50.022. Following stabilization of all disturbed
areas, temporary dust control perimeter fencing shall be removed, as required
by the City Engineer.
ENG 15. The applicant shall obtain all required environmental permits (i.e. Section 401
Water Quality Certification, Section 404 Permit, and Section 1602 Streambed
Alteration Agreement) required for temporary or permanent construction
within the Whitewater Wash. The applicant shall provide copies of required
permits prior to approval of grading plans. Alternatively, the applicant shall
provide a copy of a determination from the U.S. Army Corps of Engineers that
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the project does not impact waters of the U.S., and a letter from the California
Department of Fish and Game authorizing construction of the project without
an agreement.
ENG 16. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system. A
copy of the executed letter issuing a Waste Discharge Identification (WDID)
number shall be provided to the City Engineer prior to issuance of a grading
or building permit.
ENG 17. Projects causing soil disturbance of one acre or more, must comply with the
General Permit for Stormwater Discharges Associated with Construction
Activity and shall prepare and implement a stormwater pollution prevention
plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-
construction management plan (including Best Management Practices) in
accordance with the current Construction General Permit. The project
applicant shall cause the approved final project-specific Water Quality
Management Plan to be incorporated by reference or attached to the project's
SWPPP as the Post-Construction Management Plan. A copy of the up-to-
date SWPPP shall be kept at the project site and be available for review upon
request.
ENG 18. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 19. 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 Engineering Division with the first submittal
of a grading plan.
ENG 20. The applicant shall 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. Documentation of all
compaction and other soils testing are to be provided. The City will not "final"
the project until the required certification is provided to the City Engineer.
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ENG 21. The applicant shall provide pad elevation certifications for all structure pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any structure foundation.
ENG 22. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 23. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre-treating contaminated
stormwater runoff and non-stormwater runoff, will be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design
and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat contaminated stormwater runoff and non-
stormwater runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City Engineer
and the RWQCB. Such measures shall be designed and installed on-site;
and provisions for perpetual maintenance of the measures shall be provided
to the satisfaction of the City Engineer.
ENG 24. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading
or building permit. The WQMP shall address the implementation of
operational Best Management Practices (BMP's) necessary to accommodate
nuisance water and storm water runoff from the site. Direct release of
nuisance water to the adjacent property or public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
ENG 25. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County-Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
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alternative instruments for requiring implementation of the approved Final
Project-Specific WQMP include: requiring the implementation of the Final
Project-Specific WQMP in Property Owner Association Covenants,
Conditions, and Restrictions (CC&R's); formation of Landscape, Lighting and
Maintenance Districts, Assessment Districts or Community Service Areas
responsible for implementing the Final Project-Specific WQMP; or equivalent.
Alternative instruments must be approved by the City Engineer prior to the
issuance of any grading or building permits.
ENG 26. Prior to issuance of "final" approval by City, the applicant shall: (a)
demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications; (b) demonstrate that
applicant is prepared to implement all non-structural BMP's included in the
approved Final Project-Specific WQMP, conditions of approval, or
grading/building permit conditions; and (c) demonstrate that an adequate
number of copies of the approved Final Project-Specific WQMP are available
for the future owners (where applicable).
DRAINAGE
ENG 27. In accordance with the mitigation measure HWQ-1 included in the Mitigated
Negative Declaration adopted for the project: The footprint of the solar arrays
will be small and will not significantly change the drainage patterns as the site
will remain almost completely pervious. A Preliminary On-site Drainage
Study, as well as a Preliminary Flood Hazard Assessment Report must be
completed and approved by the City prior to project entitlement; a HEC-RAS
analysis, a scour analysis along the Whitewater River within the project site
limits, and establishment of the Base Flood Elevation and the limits of the
100-year floodway and floodplain along the Whitewater River, shall be
included and established in the Flood Hazard Assessment Report. For most
of the site, the drainage pattern for a 100-year storm is sheet flow, which is
expected to be impacted little by the development. There are no water
resources on the site and no blueline streams or other drainage channels are
present within the area where the solar facilities will be located. The
Whitewater River is located about 500 feet east of the site; however, the
project is not expected to impact the water quality of this river.
ENG 28. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City Engineer.
For all stormwater runoff falling on the site, two berms on the east edge of the
project area may be constructed for additional protection, although not
specifically required by the Flood Hazard Assessment Report completed by
Barr Engineering. Any other facilities approved by the City Engineer, shall be
required to contain the increased stormwater runoff generated by the
development of the property, as described in the Preliminary Hydrology and
Hydraulic Study for that parcel identified by Assessor's Parcel No. 522-080-
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065, prepared by Lamda Engineering and Development, as revised in
September, 2012. Final sizing of all on-site storm drainage improvements
shall be determined in the final hydrology study and approved by the City
Engineer. Provisions for on-site retention of increased stormwater runoff shall
be required.
ENG 29. The project shall comply with provisions of Chapter 8.68 "Flood Damage
Prevention" of the Palm Springs Municipal Code, Section 8.68.170
"Standards of Construction", section (a) "Anchoring". In accordance with the
Code, all structures shall be constructed with foundations adequately
anchored to withstand the maximum total scour potential during the 100-year
storm.
ENG 30. The project shall comply with provisions of Chapter 8.68 "Flood Damage
Prevention" of the Palm Springs Municipal Code, Section 8.68.170
"Standards of Construction", section (c)(2) "Non Residential Construction". In
accordance with the Code, all mechanical and electrical equipment shall be
elevated a minimum of 2 feet above the base flood elevation (BFE); because
there is no BFE shown at this location, the BFE shall be determined as shown
under Municipal Code Section 83.68.140(c). Natural grade shall be
determined as the average grade of native soils surrounding each foundation,
not including gravel fill placed around the foundation.
ENG 31. There shall be no structures or obstructions installed on the project site at the
Whitewater Wash that could impede the flow of the Whitewater Wash.
ENG 32. Construct all necessary on-site storm drain improvements, including but not
limited to two berms on the east edges of the project area or other facilities,
as described in a Final Hydrology and Hydraulic Study for that parcel
identified by Assessor's Parcel No. 522-080-065, prepared by Lamda
Engineering and Development, reviewed and approved by the City Engineer.
ENG 33. All on-site storm drain systems shall be privately maintained.
GENERAL
ENG 34. All proposed utility lines shall be installed underground.
ENG 35. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the
main line to the property line.
ENG 36. 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
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the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
ENG 37. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of
a "final' approval by City. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 38. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 39. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF).
The LDMF shall be paid prior to issuance of Building Permit.
a. The project site is located within the Whitewater Floodplain Conservation
Area and Required Measure 3 and Required Measure 4 are applicable to
this site.
b. The project site is located adjacent to the Highway 111/Interstate 10
Conservation Area and Required Measure 1 is applicable to this site.
c. The project site is located in a Notification Area for Desert Tortoise and
Permit Condition No. 45 is applicable to this site.
TRAFFIC
ENG 40. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and barricading
shall be in accordance with Part 6 "Temporary Traffic Control' of the
California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated and
received on 03/26/12. Additional requirements may be required at that time
based on revisions to site plans.
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FID 2. Fire Department Conditions were based on the 2010 California Fire Code.
Four complete sets of plans for fire alarm and fire protection systems must be
submitted at time of the building plan submittal.
FID 3. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all weather driving surface and support a minimum weight of 73,000
lbs.
FID 4. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
FID 5. Fire Department Access: Minimum width of 24' Fire Department Access
Roads shall be provided and maintained in accordance with (Sections 503
CFC) along the perimeter and interior roadways.
FID 6. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 7. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 8. Turning radius (CFC 503.2.4): The required turning radius of a fire apparatus
access road shall be determined by the fire code official. Fire access road
turns and corners shall be designed with a minimum inner radius of 25 feet
and an outer radius of 43 feet. Radius must be concentric.
FID 9. Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained at all times. Approved security gates shall be a minimum of 14
feet in unobstructed drive width on each side with gate in open position.
Secured automated vehicle gates or entries shall utilize approved Knox
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access switches as required by the fire code official. Secured non-automated
vehicle gates or entries shall utilize an approved padlock or chain (maximum
link or lock shackle size of inch) when required by the fire code official.
FID 10. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
FID 11. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on
plan elevation views. Show requirement in plan notes.
END OF CONDITIONS
NOTICE OF INTENT TO ADOPT
A MITIGATED NEGATIVE DECLARATION
AES Solar Power, LLC
Mountain View Solar Project
LEAD AGENCY: City of Palm Springs
3200 East Tahquitz Way
Palm Springs, California 92262
CONTACT PERSON: Ken Lyon, Associate Planner(760) 323-8245
PROJECT TITLE: Case 5.1277 CUP
An application by Whitewater Solar Farm 1, LLC. for a
Conditional Use Permit (CUP) for the installation and
operation of a 3 megawatt solar energy conversion system
(SECS) on 18 acres of an approximately 108-acre parcel at
58641 Tipton Road (APN 511-080-065), Zone: Open Space
(0-5) and Watercourse (W), Section 14/T3/R3.
PROJECT DESCRIPTION: Whitewater Solar Farm 1, LLC (Applicant) is proposing to
construct and operate a 3 MW solar power facility. The proposed project would be co-
located on the site with existing wind energy conversion turbines. The photovoltaic
solar energy conversion systems would cover 18 acres of an approximately 108-acre
site. The project includes ancillary equipment such as inverters, transformers, and
related equipment to be located in several pre-fabricated steel cabinet structures
distributed across the site.
FINDINGS/DETERMINATION: The City has reviewed and considered the proposed
project and has determined that the project will not have significant adverse impacts.
The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for
this project.
PUBLIC REVIEW PERIOD: A 30-day public review period for the Draft Mitigated
Negative Declaration will commence at 8:00 am on June 13, 2012 and end on July 12,
2012 at 5:00 p.m. for interested individuals and public agencies to submit written
comments on the document. Any written comments on the Mitigated Negative
Declaration must be received at the above address within the public review period. In
addition, you may email comments to the following address: Ken.Lyon@palmsprings-
ca.gov. Copies of the Mitigated Negative Declaration and Initial Study are available for
review at the above address and at the City library.
PUBLIC MEETING: This matter has been tentatively set for public hearing for the
Planning Commission meeting on Wednesday July 25, 2012.
91
}
CALIFORNIA ENVIRONMENTAL QUALITY ACT
INITIAL STUDY
3 MW AC SOLAR P.V. PROJECT
APN 522-080-065
Palm Springs, California
Submitted to:
City of Palm Springs
Planning Services
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Submitted by:
SYBAC Photovoltaics, LLC
41856 Ivy Street, Suite 210
Murrieta, CA 92562
(951) 461-7655
Prepared by:
RCA Associates, LLC
15556 Main Street, #D4-235
Hesperia, CA 92345
May 2012 s 77
92
TABLE OF CONTENTS
CHAPTER/SECTION PAGE NO.
PROJECT DESCRIPTION AND BACKGROUND 1
GENERAL AREA DESCRIPTION 1
DESCRIPTION OF PROJECT 2
SURROUNDING LAND USES AND SETTING 3
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 4
DETERMINATION 4
I. AESTHETICS 5
II. AGRICULTURE AND FOREST RESOURCES 6
III. AIR QUALITY 6
IV. BIOLOGICAL RESOURCES 7
Existing Conditions 8
Impacts and Mitigation Measures g
V. CULTURAL RESOURCES 9
VI. GEOLOGY AND SOILS 9
VII. GREENHOUSE GAS EMISSIONS 10
VIII. HAZARDS AND HAZARDOUS MATERIALS 10
IX. HYDROLOGY AND WATER QUALITY 11
X. LAND USE AND PLANNING 13
XI. MINERAL RESOURCES 13
XII. NOISE 13
XIII. POPULATION AND HOUSING 14
93
TABLE OF CONTENTS (Continued)
CHAPTER/SECTION PAGE NO.
XIV. PUBLIC SERVICES 14
XV. RECREATION 15
XVI. TRANSPORTATION/TRAFFIC 15
XVII. UTILITIES AND SERVICE SYSTEMS 16
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE 17
REFERENCES 18
APPENDIX A - FIGURES
Figure 1. Project Vicinity Map
Figure 2. Photographs of Site
Figure 3. Whitewater Solar Park— 3 MW Solar Park
HDFile:#2011-73
94
CEQA Environmental Checklist
PROJECT DESCRIPTION AND BACKGROUND
Project Title: 3 MW Solar P.V. Project
Lead agency name and address: City of Palm Springs
Planning Services
3200 E. Tahquitz Canyon Way
Palm S rin s,CA 92262
Contact person and phone number: Ken Lyon, Planner
City of Palm Springs
Planning Services
760 323-8245
Project Location: Palm Springs,California
Riverside County, California
A portion of Section 14, Township 3 South,
Range 3 East, S.B.B. & M
Project sponsor's name and address: SYBAC Photovoltaics
41856 Ivy Street, Suite 210
Murrieta, CA 92562
951 461-7555
General plan description: Open Space Desert Watercourse
Zoning: Open Space Desert Watercourse
Description of project: (Describe the whole Solar Project which will have a combined
action involved, including but not limited to later generating capacity of 3.145 megawatts
phases of the project, and any secondary, (MWDC) and will be located on a 12-acre
support, or off-site features necessary for its parcel which is currently utilized for
implementation.) generating electrical power via wind
turbines.
Surrounding land uses and setting; briefly The proposed solar project would be
describe the projects surroundings: located on a parcel which currently is
utilized for generating electrical power via
wind turbines. Additional wind turbines are
located to the north and east.Vacant lands
are located to the south and west and
Interstate 10 is located to the north.
Other public agencies whose approval is U.S. Army Corps of Engineers, Palm
required (e.g. permits, financial approval, Springs Public Works, Palm Springs Fire
consultations, or participation agreements): Department; Palm Springs Building and
Safety, California Regional Water Quality
Control Board, California Department of
Fish and Game, US Fish and Wildlife
Service, and Coachella Valley Multiple
5 ecies Habitat Conservation Plan.
GENERAL AREA DESCRIPTION
The proposed project site is located within Riverside County in an area under the jurisdictional
authority of the City of Palm Springs, California. The property is currently being utilized for
�5
1
generation of energy via the use of wind turbines which are located directly north of where the
proposed Whitewater East and Whitewater West solar facilities is proposed.
DESCRIPTION OF PROJECT:
The proposed Solar Generating Facility (Whitewater East and Whitewater West) will have a
combined generating capacity of 3 megawatts (MW) located on a total of approximately 9.6-
acres of land that is currently being utilized for generating electrical power via wind turbines. For
further site information, see Appendix A for location maps, site photographs, and site plans. The
proposed solar project would operate year-round producing electric power during the daytime
hours. Construction would take about three months following receipt of all applicable permits. No
permanent on-site operations & maintenance facilities would be constructed on the property, and
no portions of the site will be paved.
The project will employ photovoltaic (PV) modules that convert sunlight directly into electrical
energy without the use of heat transfer fluid or cooling water. There will be an array of 350
mounting tables for each system. Each table will utilize four 4" x 4" steel tubing which will be
driven into the ground for a depth of 4'-6". Cabling to and from the inverters, switchboards,
switchgear, and transformers will be buried at a maximum depth of three feet along the west side
of the solar arrays. The transformer and switchgear used to support the solar P.V. system will be
mounted on concrete pads with a maximum area 15' long x 8'wide with a maximum depth of two
feet. Three T-6" wide x 12' long x 2' deep concrete pads to support the inverters will be placed
along the side of the arrays. The solar panels that will be utilized will be Phono Solar 2140w
Model number PS-240P-2OU or equivalent Phono Solar modules. There will be 8,400 modules
for each site for a total of 16,800 modules. Project construction will consist of three phases
including (1) site preparation; (2) Solar system installation and testing, and (3) site cleanup. The
specific activities associated with these three phases are summarized below:
Site Preparation: The staging areas will be initially cleared and graded as necessary and the
existing access roads will be improved to appropriate construction standards to allow for the
movement of heavy construction vehicles. The staging area will include construction offices, a
first aid station, temporary buildings, worker parking, truck loading and unloading facilities, and an
area for assembling the solar array equipment. Access for firefighting equipment shall be
provided to the immediate job site at the start of construction and maintained until all construction
is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20
feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads
shall have an all-weather driving surface and support a minimum weight of 73,000 lbs. Flagging
will be utilized to denote the location of buried electrical lines, array locations, and the location of
various facilities. The site will be fenced with a security fence (i.e., chain-link) and at least two
gates will be installed. Initial erosion and sedimentation best management practices will be
installed and water truck reloading stations will be established for dust control.
PV Installation and Testing: Installation of the solar system will require earthwork, grading, and
erosion control. Plant substations will be constructed and the modules, supports, and associated
electrical equipment will be installed. The mounting and support structures will be constructed of
steel/concrete and the design will be finalized pending final analysis of the soil and scour
conditions during the 100-year storm event. Concrete used for the footings, foundations, pads,
and substation equipment will be produced at an off-site location by a local provider and
transported to the site via truck. The final specifications for the concrete will be determined
during detailed design engineering; however, production will meet applicable building codes.
Waste generated during the construction phase will be non-hazardous and will include cardboard,
wood pallets, copper wire, scrap steel, common trash, and wooden wire spools. No hazardous
materials will be generated during the construction phase; although, construction equipment will
contain various hazardous substances such as hydraulic oil, diesel fuel, grease, lubricants,
9
2
solvents, adhesives, paints, and other petroleum based products. No permanent buildings will be
constructed on the property.
Site Cleanup: Once construction has been completed, site cleanup will occur including the
removal of construction wastes and materials from the site, which will be disposed of legally at
a local waste disposal or transfer site. The project proponent will implement"best management
practices" during the construction phases. The construction of the project through
commencement of commercial operations will require approximately 9 to 12 months.
Approximately 30 workers will be required during peak construction and will include both full-time
and part-time workers.
No staff will be present on the site during the operational phase and the site will be monitored
remotely. Regular on-site visits will be conducted for security, maintenance, and system
monitoring. Planned maintenance of the solar modules and systems will be conducted during the
evening and site maintenance (e.g., mowing of grasses and shrubs)will be conducted during the
daylight hours. The solar panels will be washed twice yearly. The proponent does not anticipate
requesting any variances from the City at the present time.
SURROUNDING LAND USES AND SETTING:
The site is located south of Interstate 10 in Section 14, Township 3 South, Range 3 East in Palm
Springs, California. The site currently supports wind turbines directly north of the proposed solar
facilities as depicted in the attached figures(Appendix A). There are no structures within the
areas proposed for the Whitewater East and Whitewater West facilities, and there are no single-
family dwellings within one mile of the area. Elevations range from approximately 1,175 to 1,280
feet(MSQ.
3
97
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project Please see the
checklist beginning on page 3 for additional information.
Aesthetics Agriculture and Forestry Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Hazards and Hazardous rl HydrologyNvater Quality
Emissions Materials
Land Use/Planning Mineral Resources Noise
Populaticn/Housing Public Services Recreation
Transportation/Traffic Utilities/Service Systems LJ Mandatory Findings of
Significance
DETERMINATION:
On the basis of this initial evaluation:
Fnd that the proposed project could not have a signifcant effect on the environment, and a
GATIVE DECLARATION will be re ared.
nd that although the proposed project could have a significant effect on the environment, there
l not be a significant effect in this case because revisions in the project have been made by or
reed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
nd that the proposed project MAY have a significant effect on the environment, and an
VIRONMENTAL IMPACT REPORT is required.
d that the proposed project MAY have a "potentially significant impact"or"potentially
ncant unless mitigated" impact on the environment, but at least one effect 1) has been
qff
uately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
n addressed by mitigation measures based on the earlier analysis as described on attached
ets.An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
cts that remain to be addressed.d that although the proposed project could have a significant effect on the environment,
ause all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
ATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
ated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
ation measures that are im osed u on the ro osed pEoject, nothing further is required.
Signature: Date:
Printed Name: For:
4
CEQA Environmental Checklist
This checklist identifies physical, biological, social and economic factors that might be affected by
the proposed project. In many cases, background studies performed in connection with the
project indicate no impacts will be associated with the proposed solar project. A NO IMPACT
answer in the last column reflects this determination. Where there is a need for clarifying
discussion, the discussion is included either following the applicable section of the checklist or is
within the body of the environmental document itself. The words "significant" and "significance"
used throughout the following checklist are related to CEQA, not NEPA, impacts. The questions
in this form are in regards to the assessment of impacts and do not represent thresholds of
significance.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
1.AESTHETICS: Would the project
a)Have a substantial adverse effect on a scenic vista El ❑ ® ❑
b) Substantially damage scenic resources, including, but not
limited to,trees, rock outcroppings, and historic buildings within
a state scenic highway
c)Substantially degrade the existing visual character or quality
of the site and its surroundings? El
d)Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
The proposed project would not remove any scenic characteristics of the site as the vegetation which
is present on the site is similar to that present throughout the area. The site does not support any
critical habitats; however, the site is located within a Notification Area for the Desert Tortoise. In
addition, there are several large wind turbines immediately north and adjacent to the areas where the
two solar areas would be located. Any scenic vistas oriented at the sites would not be disturbed by
the addition of the solar panels. The site is not widely appreciated for its aesthetic purposes so any
change would be considered less than significant. The solar panels will be designed such that they
are non-reflective and appear black to the eye; therefore, the amount of glare should be negligible.
Motion-sensors will be utilized and no night-time lighting will be installed.
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Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
II. AGRICULTURE AND FOREST RESOURCES: In
determining whether impacts to agricultural resources are
significant environmental effects,lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of Conservation
as an optional model to use in assessing Impacts on agriculture
and farmland. In determining whether impacts to forest
resources, including timberland, are significant environmental
effects, lead agencies-may refer to information compiled by the
California Deparbnent of Forestry and Fire Protection regarding
the state's inventory of forest land, including the Forest and
Range Assessment Project and the Forest Legacy Assessment
Project; and the forest carbon measurement methodology
Provided in Forest Protocols adopted by the California Air
Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of ❑
Statewide Importance (Farmland), as shown on the maps El
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency,to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
El 0 El
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)), El El
timberland (as defined by Public Resources Code section
4526), or timberland zoned Timberland Production (as defined
by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land Elto non-forest use?
El 1:1 e)Involve other changes in the existing environment which,due
to their location or nature, could result in conversion of
Farmland,to non-agricultural use or conversion of forest land to
non-forest use?
The site is not currently used for any agricultural purposes. The proposed project is in a high desert
area and will have no expected impact on agricultural or forest resources. Therefore; no mitigation is
necessary.
III. AIR QUALITY: Where available, the significance criteria Potentially Less Than Less Than No Impact
established by the applicable air quality management or air Significant Significant Significant
Pollution control district may be relied upon to make the Impact with Impact
following determinations.Would the project: . Mitigation
a) Conflict with or obstruct implementation of the applicable air ® ❑
quality plan? El
b)Violate any air quality standard or contribute substantially to ® Elan existing or projected air quality violation?
El c) Result in a cumulatively considerable net increase of any ❑
criteria pollutant for which the project region is non-attainment
under an applicable federal or state ambient air quality standard
(Including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
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d) Expose sensitive receptors to substantial pollutant
concentrations?
a)Create objectionable odors affecting a substantial number of
people?
The proposed project is expected to have a minimal impact on the air quality of the area and will
produce relatively few emissions during the construction phase and negligible emissions during
operation. There will be no expected conflict or obstruction of any air quality plans. Most of the
polluting emissions will be produced during the construction phase where several earthmovers,
delivery trucks and personal vehicles will be used during the construction phase. These emissions will
be in the form of exhaust and dust. The amount of exhaust is expected by this project to be negligible
compared to the yearly exhaust levels of Riverside County. The total vehicle miles traveled directly
related to the proposed project is not expected to exceed approximately 150,000 miles during the life
of the project based on a maximum of 60 miles per day for worker vehicles and about 200 miles for
delivery vehicles. The emissions associated with project vehicles is expected to be non-significant
compared to the amount of exhaust emitted by the county on a yearly basis. Construction emissions
can be expected to be equally negligible. However, in order to minimize what exhaust emissions are
expected it is recommended that all vehicles be kept in good condition and not allowed to idle for
extended periods of time and that all workers carpool to the site when possible.
During construction, dust will be produced by general activity onsite, especially earth moving activities.
The Air Quality Management District Rule requires mitigation to reduce the amount of dust produced
during construction periods. These mitigations include periodic watering via water trucks to minimize
any visible fugitive dust emissions and taking actions to prevent the tracking of bulk material onto
public roads. Any project-related spills or tracking of bulk material onto public surfaces should be
cleaned within 24 hours. After construction, the amount of air pollutants are expected to be reduced
considerably as photovoltaic energy production systems do not generate emissions that would cause
reduction of air quality or produce objectionable odors. Only during occasional maintenance will any
air pollutants be released, though at non-significant levels, mainly through maintenance or worker
transportation vehicles. However, it is recommended that workers carpool when possible, and that
maintenance vehicles be kept in good condition and not be allowed to idle for extended periods of
time.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
IV.BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or _
other sensitive natural community identified in local or regional
plans, policies, regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal,filling, hydrological interruption, or other
means?
7 101.
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors,or impede the use
of native Wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan.
Existing Conditions
The site supports a somewhat disturbed Sonoran creosote bush scrub community typical of this
portion of the Mojave Desert. Larrea tridentata is.the dominant perennial with white bursage
(Ambrosia dumosa) the co-dominant. Dominant annuals included erodium (Erodium texanum),
schsimus (Schismus barbatus), buckwheat (Edogonurn inflatum), and brome grasses (Bromus sp.).
All of the perennials and annuals were relatively evenly distributed throughout the property. Ravens
(Corvus corax), white-crowned sparrows (Zonotrichia leucophtys), and mourning doves (Zenaida
macroura) were the only birds seen during the January 24, 2012 biological investigations. Reptile
diversity is limited in the region, although, a few side-blotched lizards (Uta stansburiana) and western
whiptail lizards (Cnemidophorus tigris) were observed. No mammals were observed; however,
mammals common to the area which may occur on the site include antelope ground squirrels
(Ammospermophilus leucurus), Merriam's kangaroo rats (Dipodomys merriamr), and jackrabbits
(Lepus californica). Coyotes (Canis latrans) may also traverse the site. No distinct wildlife corridors
were identified on the site or in the immediate surrounding area. The Whitewater River is located
about 500 feet directly east of the site and runs throughout the year. No sensitive wildlife species
were observed during the field surveys conducted on January 24, 2010; however, burrowing owls
(Athene cunicularia) and northern red-diamond rattlesnakes (Crotalus Tuber Tuber) have been
observed in the immediate area and could potentially occur on the site (SWCA Environmental
Consultants, 2010). Both of these species are California Species of Special Concern. The site is
located in a Notification Area for the Desert Tortoise.
Impacts and Mitigations
Installation of the proposed solar facilities will have a direct impact on potential habitat for the
burrowing owl, desert tortoise, and the northern red-diamond rattlesnake. Based on the presence of
these species, focused surveys for these species will be required by CDFG immediately prior to the
start of ground clearing activities. If these species are observed within the areas where the solar
facilities will be located, the project proponent will need to initiate consultations with CDFG and the
Coachella Valley Association of Governments (in relation to the Coachella Valley Multiple Species
Habitat Conservation Plan) to determine the mitigation measures which will need to be implemented
to compensate for impacts to the species. Burrowing owls located within the project boundaries in
areas that may be impacted by construction activity may require relocation. If so, passive relocation
measures will be initiated in accordance with California Burrowing Owl Consortium-Burrowing Owl
Mitigation Guidelines, and as outlined in the CVMSHCP. Passive relocation will involve the use of
one-way doors on burrows to prevent owls from returning to burrows in impact areas, and all
relocation activity will be conducted by a qualified biologist. Owls will be relocated to areas of the
project site that are not impacted. If structures (wildlife burrows, standpipes, or other utilized
elements) that have been recognized during pre-activity surveys as supporting either a nesting
burrowing owl pair or resident owl are removed to accommodate the proposed project, these
structures and burrows will be relocated or replaced on the project site. Relocated and replacement
burrows will be established within the project site in accordance with accepted guidelines.
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Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
V.CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a
historical resource as defined in§15064.57 El N
b)Cause a substantial adverse change in the significance of an ®'
archaeological resource pursuant to§15064.5? El El
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d)Disturb any human remains, including those interred outside
of formal cemeteries? El El 0
An archaeological records search at the San Bernardino Archaeological Information Center in
Redlands, California, and the California State Historic Property Data Fite was conducted by SWCA for
the area surrounding the project site (SWCA, 2010). The records search indicates that there is one
historic archaeological site (WPP, 2) and one historic isolate (WPP-IS01) in the immediate
surrounding area. However, both of these observations were located about 1,000 feet north of the
area where the solar facilities would be located. Prior to issuance of a Grading Permit for the project,
the Aqua Caliente Band of Cahuilla Indians will be given the opportunity to require cultural monitoring
during construction at the site, if there is a possibility that tribal artifacts or remains may exist on the
site.
VI.GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential substantial adverse
effects,including the risk of loss, injury,or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map issued
by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42?
li)Strong seismic ground shaking? ❑ ® ❑
iii)Seismic-related ground failure, including liquefaction? ® ❑
iv)Landslides? ❑ ❑ ❑ ® _
b)Result in substantial soil erosion or the loss of topsoil? El El ® ❑
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence,liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial risks to El lefs)
life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems where El N
sewers are not available for the disposal of waste water?
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9
The proposed site, as with much of the state of California, is at risk of an earthquake event which
would result in ground shaking. In the event that a strong earthquake occurs, liquefaction is not
expected to occur since groundwater in the area"of the site is relatively deep. In addition, the
topography of the site is relatively flat and loss of topsoil during an earthquake will be minimal.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
VIL GREENHOUSE GAS EMISSIONS: Would the project:
a) Generate greenhouse gas emissions, either directly or ® ❑
indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted ❑
for the purpose of reducing the emissions of greenhouse El
gases?
This project, once fully built and operational, will provide a 'clean" source of energy that will not emit
greenhouse gases (GHG). The only major sources of greenhouse gas emissions that will be
associated with the project are construction and maintenance vehicles. During construction, several
pieces of heavy equipment will be used which emit a variety of GHGs, including carbon dioxide. It is
recommended that the vehicles being used be kept in good condition and not allowed to idle for
extended periods of time in order to minimize the amount of GHGs emitted. After construction,
maintenance vehicles will be the primary source of GHGs. Again, it is recommended that any
vehicles used during maintenance be kept in good condition and prevented from idling for extended
periods of time. To further reduce GHG emissions, it also recommended workers carpool so that as
few vehicles as possible are utilized. See the Air Quality section of this document for more
information on air pollution.
Vlll. HAZARDS AND HAZARDOUS MATERIALS: Would the Potentially Less Than Less Than No Impact
project: Significant Significant Significant
Impact with Impact
Mitigation
a) Create a significant hazard to the public or the environment ® El
the routine transport, use, or disposal of hazardous
El materials? -
b) Create a significant hazard to the public or the environment ® ❑
through reasonably foreseeable upset and accident conditions
Involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely ❑
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous ❑
materials sites compiled pursuant to Government Code Section
65962.5 and,as a result, would it create a significant hazard to
the public or the environment?
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10
e)For a project located within an airport land use plan or,where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
f) For a project within the vicinity of a private airstrip,would the f1
project result in a safety hazard for people residing or working inEl 11 El
the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation El 0
plan?
h)Expose people or structures to a significant risk of loss,injury
or death involving wildland fires, including where wikllands are
adjacent to urbanized areas or where residences are intermixed
with valdlands?
Hazards, both material and otherwise, are possible during construction. The heavy machinery
presents a possible physical and chemical hazard due to operation and any fuel, lubricants and/or
hydraulics used by the machinery. It is recommended that the machinery be kept in good condition to
prevent hazardous material leaks and all construction workers have proper safety training for working
with or around heavy machinery. All other equipment containing potentially hazardous material should
be kept in good condition and the operators have proper safety instruction/training and follow all
manufacturer recommendations before use. All other hazardous material being brought and/or
installed onsite should be treated with caution to ensure that any workers or the environment are not
exposed. Any Hot work to be performed on-site; i.e., Welding, shall have a permit issued by the Palm
Springs Fire Department.
The proposed project will contain little operational hazardous material or waste. These potentially
hazardous materials include glycol-based coolant, lubricants for the tracking system, and any other
moving parts. Both of these materials are mildly toxic and will not present a major risk to the handlers
or the environment. However, it is recommended that concrete platforms supporting the inverters
include a rim capable of containing the entire amount of coolant that will be used in the inverters in the
event of a spill. Further caution should be taken to ensure that either of these materials are not spilled
or introduced in other ways into the environment during maintenance. All other precautions
recommended by the manufacturer should also be taken. Any unused materials should be stored in a
proper offsite location. See the Utilities section of this document for information on hazardous material
disposal.
The project site is not located near any private or public airports; therefore, the impact to local air
traffic will be negligible due to the limited impact area and non-reflective nature of the solar panels.
The proposed project will not substantially increase the risk of wildfire in the site. It may, in fact
reduce the wildfire risk due to the removal of the existing vegetation and the periodic trimming of any
plant growth onsite, which will reduce the amount of combustible fuel. Compaction of the soil will also
reduce the amount of plant growth which will further decrease the risk of wildfire on site. Other than
an external source, the only risk of onsite wildfire ignition is due to electrical malfunctions. However, if
the electrical equipment is installed properly and follows all state and City safety codes, the risk of
onsite ignition is minimal.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
IX.HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste discharge
requirements?
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11
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level(e.g.,the production rate of pre-existing
nearby wells would drop toa level which would not support
existing land uses or planned uses for which permits have been
granted)?
c)Substantially alter the existing drainage pattern of the site or ® ❑
area, including through the alteration of the course of a stream El or river,in a manner which would result in substantial erosion or
siltation on-or off-site?
d)Substantially alter the existing drainage pattern of the site or ® Elarea, including through the alteration of the course of a stream
El or river, or substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on-or offstle?
e) Create or contribute runoff water which would exceed the ❑
capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runofrt
0 Otherwise substantially degrade water quality? ❑ ❑ ® ❑
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood El N
Insurance Rate Map or other flood hazard delineation map?
h) Place within.a IlMyear flood hazard area structures which c t
would impede or redirect flood flows? ®' L I'�f
) Expose people or structures to a significant risk of loss,injury ❑
or death involving flooding, including flooding as a result of the
failure of a levee or dam?
j)Inundation by seiche,tsunami,or mudflow, - El ❑ O
The footprint of the solar arrays will be small and will not significantly change the drainage pattems as
the site will remain almost completely pervious. A preliminary On-site Drainage Study, as well as a
Preliminary Flood Hazard Assessment Report must be completed and approved by the City prior to
Project entitlement; a HEC-RAS analysis, a scour analysis along the Whitewater River within the
project site limits, and establishment of the Base Flood Elevation and the limits of the 100-year
floodway and floodplain along the Whitewater River, shall be included and established in the Flood
Hazard Assessment Report. For most of the site, the drainage pattern for a 100-year storm is sheet
flow, which is expected to be impacted little by the development. There are no water resources on the
site and no blueline streams or other drainage channels are present within the area where the solar
facilities will be located. The Whitewater River is located about 500 feet east of the site; however, the
project is not expected to impact the water quality of this river.
Several pollutants of concern may potentially flow from the site during precipitation events. Nutrients
and sediments are potential pollutants of concem due to the possibility of soil erosion on site during
construction and other later soil disturbances. However, these pollutants are not expected to be
significantly higher than historical levels after construction. Some debris from regular grass and shrub
trimming is expected due to the amount of loose plant matter clippings though most of this debris will
be trapped onsite. Metals, organic compounds, and oil and grease are other potential pollutants from
the site. Most of these possible pollutant sources, including maintenance and construction vehicles,
lubricants, inverters and metal components, will produce either temporary or non-significant levels of
pollutants, assuming the vehicles are kept in good condition. The levels of pollutants in stormwater
runoff from the site are not expected to be significant after construction.
12 106
Potentially Less Than Less Than - No Impact
Significant Significant Significant
Impact with Impact
Mitigation
X.LAND USE AND PLANNING: Would the project
a)Physically divide an established community?
b)Conflict with any applicable land use plan,policy,or
regulation of an agency with jurisdiction over the project
(including,but not limited to the general plan,specific plan, local
coastal program,or zoning ordinance)adopted for the purpose
of avoiding or mitigating an environmental effect?
c)Conflict with any applicable habitat conservation plan or
natural community conservation plan? El EJ El 1:1
The site is zoned open space desert watercourse. These zones allow solar energy production
facilities subject to approval of a CUP. In addition, there are no existing single-family developments in
the immediate area, and the nearest single-family dwellings are several miles to the east.
XI.MINERAL RESOURCES: Would the project
a)Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the El IK
state?
b)Result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
The proposed project will have no expected impact on mineral resources; therefore, no mitigation is
necessary. Gravel may be needed on the site for interior road surfacing; however, the amount of
gravel that will be utilized is expected to be minimal, and will likely come from an outside commercial
source.
XII.NOISE: Would the project result in:
a)Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance,or applicable standards of other agencies?
b)Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
c)A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project? El Z El
d)A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
project?
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13
e)For a project located within an airport land use plan or,where
such a plan has not been adopted,within two miles of a public
airport or public use airport,would the project expose people
residing or working in the project area to excessive noise
levels?
0 For a project within the vicinity of a private airstrip,would the
project expose people residing or working in the project area to
excessive noise levels?
No noise studies were conducted on the site; however, based on other studies done for projects in the
general area, the ambient noise levels are expected to be between approximately 44 to 53 dB;
however, levels may necessarily increase when high levels of traffic are present along Interstate 10 to
the north. Furthermore, the existing wind turbines adjacent to the site generate noise levels of about
60 dB when the wind turbines are operating at full electrical output(Channel Islands Acoustics, 2010).
During the construction phase, the level of noise will increase in the area due to heavy machinery and
other construction related activities, especially during the early stages of construction. After
construction, occasional increases in noise levels may occur during site maintenance. Noise during
operation will be less than significant as the project is expected to produce little or no noise. What
noise is expected will be well below City noise standards and not significantly higher than current
levels.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
XIII.POPULATION AND HOUSING: Would the project:
a)Induce substantial population growth in an area,either
directly(for example,by proposing new homes and businesses)
or indirectly(for example,through extension of roads or other
infrastmcture)?
b)Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? _
c)Displace substantial numbers of people,necessitating the
construction of replacement housing elsewhere?
The proposed project will have no expected impact on population and housing and therefore no
mitigation is necessary.
XIV.PUBLIC SERVICES:
a)Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governments]facilities,the construction of which could
cause significant environmental impacts,in order to maintain
acceptable service ratios,response times or other performance
objectives for any of the public services:
Fire protection? ® ❑
Police protection?
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Schools? ❑ ❑ ❑
Parks? ❑ ❑
Other public facilities? ❑ ❑ ❑
Fire protection will be provided by the Palm Springs Fire Department. The Fire District, in order to
allow for proper fire service to the Site,will likely require regular trimming of the on-site vegetation to
prevent fire hazards and compaction of the service road to allow 73,000 GVW fire truck access.
Hammerheads may be required to allow easy access to the site by fire trucks. Policing will be
provided by the City of Palm Springs. Police Department. In addition, the Police Chief may request
the installation of infrared cameras and remote notification to provide security for the site, in addition to
the installation of a chain-link fence.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
XV.RECREATION:
a)Would the project increase the use of existing neighborhood ❑
and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or be
accelerated?
b)Does the project include recreational facilities or require the ❑
construction or expansion of recreational facilities which might
have an adverse physical effect on the environment?
The proposed project will have no expected impact on recreation and therefore no mitigation is
necessary.
XVI.TRANSPORTATION/TRAFFIC: Would the project:
a)Conflict with an applicable plan,ordinance or policy ❑ ® ❑
establishing measures of effectiveness for the performance of
the circulation system,taking into account all modes of
transportation including mass transit and non-motorized travel
and relevant components of the circulation system,including but
not limited to intersections,streets, highways and freeways,
Pedestrian and bicycle paths,and mass transit?
b)Conflict with an applicable congestion management program, ® Elincluding,but not limited to level of service standards and travel
demand measures,or other standards established by the county
congestion management agency for designated roads or
highways?
c)Result in a change in air traffic patterns,including either an El
in traffic levels or a change in location that results in
substantial safety risks?
d)Substantially increase hazards due to a design feature(e.g., ❑
sharp curves or dangerous intersections)or incompatible uses El
leg.,farm equipment)?
e)Result in inadequate emergency access? ❑ ❑ ® ❑
0 Conflict with adopted policies,plans or programs regarding ❑
public transit,bicycle,or pedestrian facilities,or otherwise
decrease the performance or safety of such facilities?
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15
While there is no information currently available about traffic at the Site, it can be expected that traffic
volumes and conditions may result in a 10-20% increase in road traffic along the access roads in the
area due to an increase in the number of vehicles to and from the site during the construction phase
and during the operational phase. However, this increase is not expected to create a significant
difference in terms of impact on local traffic due to an existing low traffic volume along Tipton Road.
It is expected that during peak construction the number of vehicles entering and exiting the Site will be
approximately 25-30 vehicles per day including about 4-8 delivery trucks. During the other periods of
construction the number of vehicles is expected to be about 10 vehicles per day including up to 4
delivery trucks. Most of these vehicles are expected within a half-hour to one-hour time period each
morning and in late afternoon. After construction has been completed, maintenance vehicles will
arrive at the site several times a year for regular site maintenance. Maintenance traffic will enter the
site from the north from Interstate 10 accessing the site via Tipton Road north of the site.
Due to the relative low volume of vehicles per day, anticipated arrival times and good sight distances
along Tipton Road, any expected traffic impacts of this project will be minimal for both construction
and operation. However, it is recommended that a "Trucks Entering Exiting" warning sign be installed
in both directions along Tipton Road to alert drivers to potential delivery trucks and increased traffic
moving on or offsite.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
XVII.UTILITIES AND SERVICE SYSTEMS: Would the project:
a)Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
b)Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing facilities, FJ
the construction of which could cause significant environmental
effects?
c)Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities,the
construction of which could cause significant environmental
effects?
d)Have sufficient water supplies available to serve the project
from existing entitlements and resources,or are new or El IeL�l
expanded entitlements needed?
e)Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected demand in
addition to the providers existing commitments?
f)Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs? El 2 El
g)Comply with federal,state, and local statutes and regulations
related to solid waste?
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Any water usage on site for activities such as cleaning will be minimal and brought in via water truck
from an offsite source. The increase of impervious surface area will be minimal due to the small
footprint of the project and therefore will have little increase in stormwater runoff. Any solid wastes are
to be disposed at a proper waste disposal site in the general area. Trash dumpsters will be on site
during construction, and solid waste should not be allowed to build up on site during construction or
operation. Any hazardous waste shall be immediately transported to a waste collection facility in the
area to be properly and legally disposed of during a scheduled appointment. Organic waste such as
grass and shrub clippings shall be removed and disposed of legally.
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
XVIII.MANDATORY FINDINGS OF SIGNIFICANCE
a)Does the project have the potential to degrade the quality of ❑ ® ❑
the environment,substantially reduce the habitat of a fish or
wildlife species,cause a fish or wildlife population to drop below
self-sustaining levels,threaten to eliminate a plant or animal
community,substantially reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b)Does the project have impacts that are individually limited, ® El
cumulatively considerable?("Cumulatively considerable"
El means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects,the
effects of other current projects,and the effects of probable
future projects)?
c)Does the project have environmental effects which will cause ❑
substantial adverse effects on human beings, either directly or El
indirectly?
The proposed project will not have a significant impact on the quality of the environment, wildlife
habitat area or community, or rare or endangered species. As described in the biological resource
section of this document, mitigation measures will need to be taken to ensure that any potential
impacts to sensitive wildlife species (e.g. burrowing owls, desert tortoise, and red-diamond
rattlesnakes) which may occur due to the project are minimized through consultations with CDFG and
the Coachella Valley Association of Governments (regarding the CVMSHCP) through implementation
of approved measures. No other significant environmental degradations are expected during the
construction or operation phases. Several similar solar power projects are being proposed for the
region, and more can be expected if the solar projects are considered successful sources of clean and
renewable energy. However, assuming each solar project implements mitigation measures to
minimize impacts, no significant cumulative effects are expected to occur if this solar project is
constructed. Considering all project designs and City and State guidelines and assuming that policies
on construction and project operation safety are followed, the proposed project is not expected to have
any significantly adverse environmental impacts; therefore, a negative declaration is proposed for the
project.
11. 1
17
REFERENCES
California Department of Conservation Division of Land Resource Protection. 2008. Important Farmland
Data Availability, California Department of Conservation. Sacramento, California.
http://Www.conservation.ca.gov/DLRP/Pages/index.asr)
Channel Islands Acoustics. July 2010. Noise Impact Analysis for Windpower Partners 1993 L.P., City of
Palm Springs, Riverside, County.
Google Inc. 2011 Google Earth. Mountain View, California
SWCA Environmental Consultants, May 2010. Cultural Resources Survey for the Palm Springs Repower
Wind Energy Project, Palm Springs, Riverside County, California.
SWCA Environmental Consultants. July 2010. Biological Resources Assessment for the Palm
Springs Repower Wind Energy Project.
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APPENDIX A
Figures
113
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FIGURE 1
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Figure 2
Photographs of Site
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Figure 3
Whitewater Solar Park-3 MW Solar Park
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Case 5.1277 Whitewater Solar 7-3-13
NMI
iff_ SITE
AD
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It
Partial Map of Palm Springs Showing Conservation Areas(green diagonal lines)and the subject parcel (labeled "SITE")
The above map shows a portion of the City of Palm Springs near the intersection of CA-111 and 1-10. The subject parcel
and other parcels are denoted with (red) lines and the various CVMSCHP conservation areas in the vicinity are denoted
with the diagonal (green) lines. The bold green lines(outlined in thin black lines)are the boundaries of the various
conservation areas. The blue area is Watercourse. The purple lines are the City limits.
117
-1rf
der
Legend
+
• - �
10 — Major Roads
Palm Springs City Boundary
Multiple Species Plan Conservation Area
VMnd Energy Overlay
Zoning Classification
ESA-SP- Environmentally Sensitive Area-Specific Plan
GR5- Guest Ranch
HC- Highway Commercial
I.-- 0- Open Land Uses
e ;a'
94r MiP-Planned Research and Development Park
(10,000 SF min lot)
UR- Urban Reserve
W- Watercourse
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d d
- � �� 'tin; e+ u aux_ fi�L►" �� j
.+ ,• -. }.�' '� ..�.. �a. ,j h3WiY'�tl�fl[�'i#s� •a1! -�%.df, f1
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Ci- ll.ao o�or- o0 oo�Co 0 7[7 2'
City Council Resolution No. July 3, 2013
Case 5.1277—A Request for"Take" under the terms of the Multiple Species Habitat Conservation Plan at
58641 Tipton Road Page 3 of 5
TABLE 1: Whitewater River Conservation Area-Summary 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 Conserve 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
authorized Take for this species'
Palm Springs
Pocket Mouse 347 acres 7.75 acres 2.2% 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 381 acres 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 Transport 387 acres 7.75 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.
1 119