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HomeMy WebLinkAbout23322 RESOLUTION NO. 23322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT, CASE NO. 5.1252 CUP, FOR THE CONSTRUCTION AND OPERATION OF A 5.0- MEGAWATT SOLAR ENERGY CONVERSION SYSTEM CONSISTING OF 17,000 PHOTOVOLTAIC PANELS ON APPROXIMATELY 39.7 ACRES OF A 134.3-ACRE SITE LOCATED AT 5400 NORTH INDIAN CANYON DRIVE. WHEREAS, Garnet Solar Power Generation Station 1, LLC ("Applicant') has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) for the construction and operation of a 5.0 Megawatt solar energy production facility on approximately 39.7 acres of a roughly 134.3-acre property located at 5400 North Indian Canyon Drive, W and W-M-1-P Zones, Section 23; and WHEREAS, the applicant has requested an amendment to the General Plan Land Use Element to allow renewable energy uses within the "D" (Desert) designation; and WHEREAS, on November 11, 2012, the Architectural Advisory Committee (AAC) voted 7-0 to recommend approval of the project; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit, Case No. 5.1252 CUP, and General Plan Amendment, Case 5.1252 GPA, was given in accordance with applicable law; and WHEREAS, on March 13, 2013, a public hearing on the applications was held by the Planning Commission in accordance with applicable law; and WHEREAS, on March 13, 2013, the Planning Commission adopted Resolution No. 6322, recommending approval of said Conditional Use Permit to the City Council; and WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit, Case No. 5.1252 CUP, and General Plan Amendment, Case 5.1252 GPA, was given in accordance with applicable law; and WHEREAS, on April 3, 2013, a public hearing on the application was held by the City Council in accordance with applicable law; and Resolution No. 23322 Page 2 WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council found that, with the incorporation of mitigation measures, the General Plan Amendment will have a less than significant impact on the environment. The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the Councils independent judgment and analysis. SECTION 2. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. The applicant proposes solar collector uses (solar energy conversion systems (SECS)) on an approximately 134.3-acre site in the W and W-M-1-P zones. Pursuant to Sections 92.20.01(B)(1)(b)(i) and 92.20.01(B)(2)(a)(i) of the Zoning Code, solar collector uses are permitted in the W and W-M-1-P zones, respectively, subject to a conditional use permit. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and 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 proposed use will augment the production of electrical energy through a renewable source. With the approval of the associated General Plan Amendment, the facility will be in harmony and implement various elements and objectives of the General Plan, including policies RC8.2, RC8.10, RC8.13 and CD29.6. The SECS is consistent with other uses specifically permitted in the W and W-M-1-P zones and others have been approved in the general vicinity of North Palm Springs. Therefore, the proposed use is not likely to be detrimental to existing or future uses permitted in the zones and surrounding areas. Resolution No. 23322 Page 3 c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposed site is approximately 134 acres in size and the project proposes approximately 39.7 acres of solar collectors. Service roads and auxiliary buildings are proposed in support of the solar collector installation. The project is proposed with perimeter fencing and security lighting that will conform to the City's outdoor lighting ordinance. The solar panels will be located behind a berm and setback from the street approximately ninety feet or more. Therefore, the site for the intended use is considered adequate in size and shape to accommodate the project, including those existing and permitted future uses of land in the area. d. The site for the proposed use related to streets and highways is 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 drive off Indian Canyon Drive. The use does not produce traffic impacts that would reduce the Level of Service (LOS) for the network of public roads in the vicinity. Therefore, it is anticipated that the type and quantity of traffic generated by the proposed facility will be adequately served by the existing roadways. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. 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. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the Mitigated Negative Declaration and approves Conditional Use Permit, Case No. 5.1252, for the construction and operation of a 5.0-Megawatt SECS on approximately 39.7 acres of a 134.3-acre property located at 5400 North Indian Canyon Drive, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 3rd day of April, 2013. David H. Ready, City 1 er ATTEST: mes Thompson, City Clerk Resolution No. 23322 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23322 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 3, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Mills, Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. James Thompson, City Clerk _.�/�l r 5 City of Palm Springs, California �`7 Resolution No. 23322 Page 5 EXHIBIT A Case 5.1252 CUP Garnet Solar Power Generation Station 1, LLC 5400 North Indian Canyon Drive April 3, 2013 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. Proiect Description. This approval is for the project described per Case 5.1252 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 September 27, 2012, including site plans, architectural elevations, exterior materials and colors 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 5.1252 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for Resolution No. 23322 Page 6 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. The time limit for commencement of construction under a conditional use permit shall be two (2) years from the effective date of approval. 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. 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 based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects. 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. ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. In accordance with the mitigation measure B1 included in the Mitigated Negative Declaration adopted Resolution No. 23322 Page 7 for the project: Prior to issuance of building permits, pursuant to the City of Palm Springs local implementation procedures of the Coachella Valley Multiple Species Habitat Conservation Plan, the project proponent shall pay mitigation fees to the Building and Safety Department to offset potential impacts to special status species and habitat. ENV 2. 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. 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 3. 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 mitigated negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. ENV 4. 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 5. 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 6. 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. 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 Resolution No. 23322 Page 8 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 Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Site Entry Landscaping & Gate. Prior to issuance of building permits, the applicant shall submit a landscape plan to the Planning Department for review and approval. The landscape plan shall include enhanced entry treatments including fencing, berms, trees and boulders to be submitted to the Architectural Advisory Committee and Planning Commission for approval. The landscaping, irrigation and entry gate shall be installed prior to final inspection. PLN 2. 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 3. 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 4. 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 5. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. Resolution No. 23322 Page 9 PLN 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 8. 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 9. Time Limit on Solar Use. This CUP for a solar facility is limited to a twenty- two (22) year term of operation from the date of issuance of building permit. Prior to the expiration of the term, the applicant may request that the Planning Commission extend the term by up to five (5) years. The solar facility shall be decommissioned and removed from the site at the end of the approved term. PLN 10. Mining Operation. This CUP does not undermine or reduce the land owner's underlying vested mining rights. PLN 11. Wildlife Passage. The required fences on-site shall be installed in such a way that will allow unimpeded movement of wildlife through the site. PLN 12. Fence Visibility. Fencing shall not be visible along the Indian Canyon Drive corridor. PLN 13. Existing Berm. The applicant shall remove debris and enhance the appearance of the existing earthen berm along Indian Canyon Drive to the satisfaction of the Planning Director. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Construction Permits. 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. Resolution No. 23322 Page 10 STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. N. INDIAN CANYON DRIVE ENG 2. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE CONSTRUCTION PHASE ENG 3. The applicant shall obtain a Union Pacific Railroad (UPRR) right-of-way entry permit or Railroad Agreement for all work done within the UPRR right-of-way. A copy of an approved UPRR right-of-way entry permit or Railroad Agreement shall be provided to the City Engineer prior to the issuance of any permits related to the new waterline and 30 feet wide roadway installation, if the applicant is encroaching into the railroad right-of-way. ENG 4. Applicant shall be prudent during installation of the new waterline and 30 feet wide roadway, while working in the 60 foot wide Southern California Edison utility easement, as well as the 16.5 foot wide Pacific Telephone & Telegraph Company easement. ENG 5. 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 6. Construct turn-around areas meeting the requirements of the Fire Marshall and City Engineer, at each of the project entries. ENG 7. In accordance with Chapter 4.6 (Geology and Soils) of the Initial Study and Mitigated Negative Declaration for the Garnet Solar Power Plant, the earthen berm remaining at the site after construction of the project, will be engineered pursuant to the California Building Code requirements at a 2:1 slope to minimize potential for land sliding. ON-SITE OPERATIONAL PHASE ENG 8. 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. GRADING ENG 9. 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 Resolution No. 23322 Page 11 environmental consultant shall work independently of the applicant, and shall report to the City Engineer to identify measures satisfied in accordance with 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 10. 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 has 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 11. In accordance with the mitigation measure Al included in the Mitigated Negative Declaration adopted for the construction period of the project: Pursuant to the South Coast Air Quality Management District Rule 403 (Fugitive Dust) and Rule 403.1 (Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources), the project proponent shall prepare a fugitive dust plan identifying applicable dust suppression measures, including site watering a minimum 3 times a day. Resolution No. 23322 Page 12 ENG 12. In accordance with the mitigation measure B2 included in the Mitigated Negative Declaration adopted for the project: Prior to initiation of site clearing activities between February 1 st and June 15"' , a pre-construction survey will be performed within 14 days to identify the presence and location of any nesting bird species. Pre-construction surveys shall be performed within 30- days of site clearing activities initiating between June 161h and August 31st. Active nests will be protected through use of temporary buffers at an appropriate range to be determined based on the species. Surveys shall be performed by a qualified biologist and the results reported to the City's Planning Services Department and Engineering Department prior to issuance of occupancy permits. ENG 13. In accordance with the mitigation measure C1 included in the Mitigated Negative Declaration adopted for the project: If potential archaeological materials are uncovered during grading or other earth moving activities, the contractor shall be required to halt work in the immediate area of the find and to retain a professional archaeologist to examine the materials to determine whether it is a "unique archaeological resource" as defined in Section 21083.2(g) of the State CEQA Statutes. if this determination is positive, the resource shall be left in place, if determined feasible by the project archeologist. Otherwise, the scientifically consequential information shall be fully recovered by the archeologist. Work may continue outside of the area of the find, however, no further work shall occur in the immediate location of the find until all information recovery has been completed and a report concerning the resource(s) is filed with the Planning Services Department and Engineering Department. ENG 14. Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of 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 15. 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 16. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the Resolution No. 23322 Page 13 perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 17. 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 18. 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 19. 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. This requirement shall apply to the project site only and not to the adjacent mining operations. ENG 20. 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 of the project site at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 21. 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 22. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnica[/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 Resolution No. 23322 Page 14 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. ENG 23. 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 24. 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 25. This project shall 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 and non-stormwater runoff, shall 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 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, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 26. 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 Rough Grading Plan. Resolution No. 23322 Page 15 ENG 27. 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 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); fonnation 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 28. 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 29. The footprint of the solar arrays shall be small and shall not significantly change the drainage patterns as the site will remain almost completely pervious. A Preliminary Hydrology Study, as well as a Flood Hazard Assessment Report must be completed and approved by the City prior to project entitlement; a HEC-RAS analysis, establishment of the Base Flood Elevation, and delineation of 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 minimally impacted by the development. There are no water resources, blueline streams, or other drainage channels existing on the project site. The Whitewater River is located about 0.75 miles south of the site; however, the project is not expected to impact the water quality of this river. ENG 30. 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, concrete channel(s), rip rap, rip rap channel(s), and rip rap berm/levee, may be constructed on the eastern portion of the project area, for additional protection. 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 Study for the Garnet Power Generation Station 1 (on that parcel identified by Assessor's Parcel No. 669- 100-001), prepared by KCT Consultants, Inc., as revised on January 14, Resolution No. 23322 Page 16 2013. 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 31. 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 32. 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 33. Construct all necessary on-site storm drain improvements, including but not limited to concrete channel(s), rip rap, rip rap channel(s), and rip rap berm/levee (or other facilities) to protect the east side of the project area from inundation of floodwater in the event of the 100-year storm or greater, as described in a Final Hydrology Study and Flood Hazard Assessment Report for the Garnet Solar Power Generation Station 1 (on that parcel identified by Assessor's Parcel No. 669-100-001), prepared by KCT Consultants, Inc., and reviewed and approved by the City Engineer. ENG 34. All on-site storm drain improvements shall be privately maintained. GENERAL ENG 35. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected Resolution No. 23322 Page 17 off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 36. All proposed utility lines shall be installed underground. ENG 37. The lessee of the solar site property shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the lessee of the solar site property and submitted to the City Engineer prior to issuance of a grading permit. A current copy of the lease shall be provided to verify current lessor and lessee of the property. The covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the lessee prior to issuance of any grading or building permits. This condition may be deferred and will run with the leasehold estate covenant as approved by the City and on file. ENG 38. 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 39. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 40. 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 41. 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 42. 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 4 is applicable to this site; required Measure Resolution No. 23322 Page 18 4 includes Section 4.4 (Required Avoidance, Minimization, and Mitigation Measures) and Section 4.5 (Land Use Adjacency). TRAFFIC ENG 43. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 44. 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 9/27/2012. Additional requirements may be required at that time based on revisions to site plans. FID 2. 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 3. 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 4. 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 5. 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. Resolution No. 23322 Page 19 FID 6. 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 7. 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 8. 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 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 9. 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 10. 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