HomeMy WebLinkAbout12/5/2012 - STAFF REPORTS - 5.A. AO�QALM SpR
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q<11:01t CITY COUNCIL STAFF REPORT
DATE: December 5, 2012 NEW BUSINESS
SUBJECT: Case 5.1277 CUP — REQUEST BY WHITEWATER SOLAR FARM 1, LLC
(APPLICANT) FOR 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)
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
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 means of
streamlining the environmental review process for development projects within the City. 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, AUTHORIZING 7.75 ACRES OF "TAKE" FROM THE
WHITEWATER RIVER CONSERVATION AREA AS DESIGNATED IN THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN TO BE DESIGNATED
FOR CASE 5.1277 CUP; A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A
ROUGHLY 12-ACRE, 3 MEGAWATT SOLAR ENERGY PRODUCTION FACILITY ON A
PORTION OF A 108-ACRE PARCEL AT 58641 TIPTON ROAD (APN: 522-080-065), AND
REQUIRING AN EQUIVALENT AMOUNT OF UNDISTURBED LAND WITHIN THE
CONSERVATION AREA TO BE DEEDED TO THE COACHELLA VALLEY CONSERVATION
COMMISSION TO BE SET ASIDE FOR PERMANENT CONSERVATION."
PRIOR ACTIONS:
On December 8, 2010, the Planning Commission approved a "repowering" project (Case
5.1240-B CUP) involving removal of nine older wind turbines and installation of three new
ITEM NO. 6 k
City Council Staff Report December 5, 2012
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 2 of 6
turbines on the same 108-acre parcel. The area of disturbance in the conservation area was
not increased and thus no Take request was necessary for the approval of that project.
On October 24, 2012, the Planning Commission opened the public hearing 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. The Commission also recommended that the City Council create a policy
that would establish standard guidelines requiring applicants to dedicate an amount of
equivalent, undisturbed land for permanent conservation equivalent to the amount of Take
being requested.
BACKGROUND:
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 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. 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'.
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 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
02
City Council Staff Report December 5, 2012
Case 5.1277 CUP—A Request for"Take' under the Coachella Valley Multiple Species Conservation Plan
Page 3 of 6
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 75 year lifespan of the
MSHCP to allocate to future development.' 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.
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 such things 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. 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 Table on the following page shows the various covered species and the acreage of
habitat impacted by the Take Request.
' 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 December 5, 2012
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 4 of 6
TABLE 1: Whitewater River Conservation Area- Summa 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 Conservva 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.
04
City Council Staff Report December 5, 2012
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 5 of 6
Generally, the Take request seems reasonable and Take remains available for consideration
for future requests in this particular conservation area.
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.
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.2 Take
also cannot be transferred from one conservation area to another without the State and
Federal Wildlife agency's approvals.
DISCUSSION:
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.
2 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.
05
City Council Staff Report December 5, 2012
Case 5.1277 CUP—A Request for"Take" under the Coachella Valley Multiple Species Conservation Plan
Page 6 of 6
The options before the City Council are:
1. Approve the Take Request with no equivalent amount of land conservation required.
2. Approve the Take Request 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.
3. Deny 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 and resubmit it as
a new project.
Staffs recommendation reflects option 2.
FISCAL IMPACT:
None.j
r
Crai . Eu�g, AICP, ir. of Ping Svcs To�on,
Asst. City Manager, Dev't Svcs
David H. Ready, Ci er
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Planning Commission staff report and resolution for Case 5.1277 CUP with
attachments (JPR Final Report)
06
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Department of Planning Services W E
Vicinity Map C
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- _.-yAHlif`pATER-CUTOFF, _._ _
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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).
07
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE
5.1277 CUP, A REQUEST FOR THE DEDICATION OF 7.75
ACRES OF "TAKE" FROM THE WHITEWATER RIVER
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)
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, 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
were received 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 ownerlapplicant has agreed in writing to the recommended Mitigation
Measures that will reduce any potentially significant impacts to less than significant
levels; and
WHEREAS, the Planning Commission carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented and voted
unanimously to approve the CUP subject to the conditions of approval, and to
recommend that the City Council review and approve the Take request with an
equivalent amount of undisturbed land in the conservation area dedicated to CVCC for
permanent conservation by the landowner as a condition of approval, and
08
City Council Resolution No. _ December 5, 2012
Case 5.1277 CUP—A Request for"Take" under the terms of the Multiple Species Habitat Conservation
Plan at 58641 Tipton Road Page 2 of 5
WHEREAS, the Planning Commission also recommended that the City Council create
a policy that would establish standard guidelines requiring applicants to dedicate an
amount of undisturbed land for permanent conservation in the conservation area
equivalent to the amount of Take being requested, and
WHEREAS, on December 5, 2012, a properly noticed public meeting on Case 5.1277
CUP 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 AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the action 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 (MIND) has been prepared and circulated for a twenty day public
review and comment period. The City Council members received complete copies of
the environmental document at that time. No comments were received that would
necessitate recirculation of the environmental analysis. The City Council 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.
Section 2: 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.
09
City Council Resolution No. _ December 5, 2012
Case 5.1277 CUP—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 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 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.
10
City Council Resolution No. _ December 5, 2012
Case 5.1277 CUP—A Request for"Take" under the terms of the Multiple Species Habitat Conservation
Plan at 58641 Tipton Road Page 4 of 5
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves the request for 7.75 acres of Take from the Whitewater River
Conservation Area under the guidelines of the Coachella Valley Multiple Species
Habitat Conservation Plan for Case 5.1277 CUP and that 7.75 acres of undisturbed
contiguous acreage on the subject parcel, within the Whitewater River Conservation
Area be dedicated to the Coachella Valley Conservation Commission to be set aside as
permanent conservation area to contribute to the MSHCP's requirement for compliance
with Rough Step.
ADOPTED this 5th day of December, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF PALM SPRINGS, CALIFORNIA
MAYOR
ATTEST:
City Clerk
IL
City Council Resolution No. _ December 5, 2012
Case 5.1277 CUP—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 \
12
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
December 5, 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
13
Resolution
Conditions of Approval Page 2 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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.
14
Resolution
Conditions of Approval Page 3 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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.
15
Resolution
Conditions of Approval Page 4 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5, 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.dfq.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
16
Resolution
Conditions of Approval Page 5 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5, 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 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.
PLN 8. Dedication of Land for permanent conservation. If the Take request is
approved by the City Council, the Planning Commission recommends that an
equivalent amount of undisturbed land be dedicated to the Coachella Valley
Conservation Commission for permanent conservation equal to the amount of
Take that is authorized for the project in order to allow the City to stay in
"Rough Step" as defined in the CVMSHCP.
17
Resolution
Conditions of Approval Page 6 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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. 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
18
Resolution
Conditions of Approval Page 7 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5, 2012
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
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.ciov. 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-
19
Resolution
Conditions of Approval Page 8 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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
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.ora/Final0/020USFWS%20Permit.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.
20
Resolution
Conditions of Approval Page 9 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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
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
21
Resolution
Conditions of Approval Page 10 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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.
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.
22
Resolution
Conditions of Approval Page 11 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5, 2012
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
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
23
Resolution
Conditions of Approval Page 12 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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-
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.
24
Resolution
Conditions of Approval Page 13 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5, 2012
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
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
25
Resolution
Conditions of Approval Page 14 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5,2012
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.
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
26
Resolution
Conditions of Approval Page 15 of 15
Case 5.1277 CUP Whitewater Solar Farm 1, LLC December 5, 2012
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/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
27
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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 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 240w Model number PS-240P-2OU 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 steel/concrete and the design will be finalized pending final analysis of 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
31
4
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, California. 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 Whitewater 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).
32
5
COACNELLA VALLEY CONSERVATION COMMISSION CV C
Cathedral City • Coachella Desert Not Springs -Indian Wells • Indio • La Quinta Palm Desert • Palm Springs
Pancho Mirage • County of Piverside • Coachella Valley Water District Imperial Irrigation 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,
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
� n
Y
Enclosure
-AUG 2 0 201-1
PCANNINGSERVICE
33
73-710 Fred WaninR Drive.Suite 200 •Palm Desert.CA 47960 .(7nfl)Ren_n97 . FAX(7nnl.znn.cono
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
DES ER NOTSPRIN&S
Whdevater
Solar Farm 1 WIMR —
1
PALM SPRINGS
C TNEDR
CITY
34
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.
Table 1: Whitewater Solar Farm 1 Conservation Objectives Analysis — Whiteivater:Floodplain Conservation Area
Total Acres of Current Acres of Proposed Disturbance Rough Step(Acres Proposed Conservation
Conservation as a Percentage of of Disturbance Total Acres of Current Acres P
Objective Proposed Authorized Proposed Remaining to be a Percentage of
Disturbance Disturbance Current Authorized Currently Conservation Conserved Current Remaining
Disturbance Available) Conservation
Coachella Valley
Round-tailed Ground 1.00 328 0.3% 86 0.00 2427
Squirrel- Core 0%
Habitat
Palm Springs Pocket 7 75 347
Mouse- Core Habitat 2.2% 89 0.00 2577 0%
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 1 2925 0%
Corridor
dor
C WhitewaterRiver 7.75 90 8.6% I4 0.00 759 0%
Corri
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.
w
c.n
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 O&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 36
3
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 1 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.
37
4
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.
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.
❖ 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: 38
5
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.
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 id-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.
Areas disturbed around poles or construction pads will be restored as determined
during the pre-construction process.
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.
❖ 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
39
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.
•S 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
40
7
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 I - 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.
41
8
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
Longcore, 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.
42
9
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. Gutzwifler. (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 ValleyNative Plants Recommended for Landsca ingt
BOTANICAL NAME COMMON NAME
Trees
Washin tonia filifiera California Fan Palm
Cercidium oridum Blue Palo Verde
Chilo sis linearis Desert Willow
01ne a tesota Ironwood Tree
Proso is glandulosa var. to ana Honey Mesquite
Shrubs
Acacia Eggh Cat's Claw Acacia
Ambrosia dumosa Burro Bush
Atri lex canescens Four Wing Saltbush
Atri lex lenti ormis Quailbush
Atrt lex polycarpa Cattle Spinach
Baccharis ser iloides S uaw Water-weed
Bebia 'uncea Sweet Bush
Cassia (Senn)covesii Desert Senna 43
10
BOTANICAL NAME COMMON NAME
Condalia ar i Crucilllo
Crossosoma bi elovti Crossosoma
Daley emo i Dye Weed
Dalea(Psorothamnus)schottii Indigo 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 Wri ht's Buckwheat
Fa onia laevis o Common Name
Gutierrezia sarothrae Matchweed
Ha to a us acradenius Goldenbush
Hibiscus denudatus Desert Hibiscus
Affinannseggia micro h lla Rush Pea
H menoclea salsola Cheesebush
H hs emoryi Desert Lavender
Isomeris arborea Bladder Pod
Juni erus call ornica California Juniper
Krameria grayi Ratan
Krameria parvifolia Little-leaved Ratan
Larrea tridentate Creosote Bush
Lotus ri idus Desert Rock Pea
L cium andersonii Box Thorn
Petalon x linearis Lon -leaved Sand a er Plant
Petalonyx thurberi Sandpaper Plant
Peuce Ilum schotrii Pygmy Cedar
Prunus emontii Desert Apricot
Rhus ovata Sugar-bush
Salazaria mexicana Paper-bag Bush
Salvia a Tana White Sage
Salvia eremoslachva Santa Rosa Sage
Salvia vase i Wand Sage
Simmondsia chinensts Jojoba
k6weralciaambigua Globemallow(Desert Mallow)
S haeralcia ambigua rosacea Apricot Mallow
Trixis call arnica 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 girdlana Desert Grape
Accent
Muhlenber is ri ens Deer Grass
Herbaceous Perennials'
Adiantum ca illus-veneris Maiden-hair Fern (w
Carex alma Sedge w
Dalea I Parry Dalea
Eleocharis montevidensis I Spike Rush (w) 44
11
BOTANICAL NAME COMMON NAME
E uisetum laevi atum Horsetail w
Juncus bu onis Toad Rush w
Juncus effuses Juncus w)
Juncus macro h llus Juncus w
Juncus mexicanus Mexican Rush w
Juncus xi hioides Juncus(w)
Notholaena parryi Parry Cloak Fern
Pallaea mucronata Bird-foot Fern
Cacti and Succulents
Agave deserti Desert Agave
Ascle ias albicans Desert Milkweed(Buggy-whip)
Ascle ias subulata A'amete
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 Pwa Nolina
O untia acanthocar a Sta -hom or Deer-horn Cholla
O untia bi elovii Teddy Bear or Jumping Cholla
O untia basilaris Beavertail Cactus
O untia echinocar a Silver or Golden Cholla
O ntia ramosissima Pencil Cholla, Darning Needle Cholla
Yucca schidi era Mo'ave Yucca, S anish Dagger
Yucca whi lei Our Lord's Candle
Source: "Coachella Valley Native Plants, Excluding Annuals (0 ft. to .approximately 3,0 00 ft. elevation)."
Compiled by Dave Heveron, Garden Collections Manager, and Kirk Anderson,Horticulturist,The Living Desert,
May,2000,for the Coachella Valley Mountains Conservancy.
1 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
Acacia spp. (all species except A. re 'i Acacia all species except native catclaw acacia
Arundo donax (� Giant Reed or Arundo Grass
Atri 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 tsyn,C. atacamensis Jubata Grass or Andean Pampas Grass
Cortaderia dioica [syn. C. selloana Pampas Grass
Descurainiaso hia Tansy Mustard
Eichhornia crassi es Water Hyacinth Elae us an sti olia Russian Olive
Foeniculum vul are Sweet Fennel 45
12
BOTANICAL NAME COMMON NAME
Hirsch eldia incana Mediterranean or Short-pod Mustard
Le idium lati olium Perennial Pepperweed
Lolium multi orum Italian R e rass
Nerium oleander Oleander
Nicotiana gLauca 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 # Canary 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 Pepper Tree
Schismus arabicus Mediterranean Grass
Schismus barbatus Saharan Grass, Abu Mashi
Sti a ca ensis(✓v) No Common Name
Tamarix spp. (all species)(✓✓) Tamarisk or Salt Cedar
Taeniatherum ca ut-medusae Medusa-head
Tribulus terrestris Puncturevine
Vinca ma'or Periwinkle
Washin tonia robusta Mexican fan valm
Yucca gioriosa(#) S apish Dagger
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
4.5.6 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.
4.5. 7 Grading/Land Development
Manufactured slopes associated with site Development shall not extend into adjacent land in a
Conservation Area.
46
13
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