Court Ruling Provides Clear Path for Mt. 91直播 Solar Project
April 05, 2017 - 12:44 AM
A judge鈥檚 ruling provided 91直播 with a clear path forward for the college to construct its solar project, which had been challenged by the City of Walnut and nearby residents.
In a March 14 ruling, Los Angeles Superior Court Judge James C. Chalfant found that the proposed project, as a solar generation facility, is exempt from all city land use, zoning and building controls, thus canceling the city鈥檚 stop-work order. He also denied the city鈥檚 request to assume lead agency status, which means Mt. 91直播 maintains the primary responsibility for carrying out the project under the California Environmental Quality Act (CEQA).
鈥淲e are pleased the judge supported Mt. 91直播鈥檚 position on this matter,鈥� said Mt. 91直播 President Bill Scroggins. 鈥淲e are looking forward to working cooperatively with the City of Walnut and neighbors.鈥�
The judge ruled that Mt. 91直播 is not required to apply to the City of Walnut for a conditional use permit or building permit but must submit grading and truck hauling plans. City engineers must review and process the grading plans for approval. The city鈥檚 review authority over grading plans is limited by a state code to only onsite design and construction issues regarding grading, meaning Mt. 91直播 is not required to comply with city ordinances regulating a usage of property that might impact drainage or road conditions. Mt. 91直播 had previously submitted grading plans and will now submit truck hauling plans as well.
鈥淭he college has had a long history of working with the city on construction issues such as grading and truck hauling,鈥� Scroggins said. 鈥淲e will monitor the city's progress on the review of our grading and hauling plans and collaborate with city staff to expedite the process.鈥�
The solar project will be located on Mt. 91直播-owned property commonly known as the "West Parcel," a triangular piece of land located west of Grand Avenue, south of Temple Avenue/Amar Road.
The system will generate 2.2 megawatts of electricity for the campus, saving taxpayers a minimum of $480,000 a year and an estimated $15 million over the 25-year life cycle of the system. This project, plus the college鈥檚 existing cogeneration plant, will move Mt. 91直播 closer to energy independence and improve the quality and reliability of the campus electrical service. Funding for the project includes voter-approved Proposition 39 Clean Energy Funds, California Solar Incentive Funds, and California Energy Commission loans.
As a result of the judge鈥檚 review of Mt. 91直播鈥檚 preparation of environmental impact reports (EIR), the college will prepare and circulate an initial study for the solar project under CEQA within the next month. The entire CEQA process could take two to four months after the initial study. The initial study will investigate all environmental impacts, including traffic, air quality, biology, noise and other CEQA-defined environmental impacts. It may also include mitigation measures that reduce environmental impacts of the solar project to less than significant.
鈥淥nce the CEQA process is complete, the college will be able to proceed on this important project,鈥� Scroggins said.