HomeMy WebLinkAboutPC Resolution _6169- Case 5.1240B,C,D,E,F&G-CUP, 6.522- VAR &7.1346-AMMRESOLUTION NO. 6169
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING
A MITIGATED NEGATIVE DECLARATION AND THEREBY
APPROVING CONDITIONAL USE PERMIT APPLICATION
CASE NUMBERS 5.1240, 5.1240B, 5.1240C, 5.1240D,
5.1240E, 5.1240F & 5.1240G-CUP, 6.522, VARIANCE
REQUESTS AND 7.1346 AMM FOR THE INSTALLATION
AND OPERATIONS OF 26 NEW WIND ENERGY
CONVERSION SYSTEMS (WECS) LOCATED WEST OF
INDIAN CANYON DRIVE, NORTH OF INTERSTATE-10
AND EAST OF HWY 62 IN SECTIONS 8 AND 9.
WHEREAS, Wind Power Partners 1993, LP, (Applicant") has filed an application with
the City pursuant to Section 94.02.00 of the Zoning Ordinance for a Conditional Use
Permits, variance requests and Administrative Minor Modifications to allow the
installation and operation of a 40.16 megawatt wind energy conversion systems
(WECS); and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case Nos. 5.1240, 5.1240C, 5.1240D, 5.1240E, 5.1240F &
5.1240G—CUP, 6.522-VAR and 7.1346-AMM was given in accordance with applicable
law; and
WHEREAS, on December 8, 2010, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), a Draft Mitigated Negative Declaration
(MND) has been prepared for this project and has been distributed for public review and
comment in accordance with CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
SECTION 1:
Height Variance:
State law, as well as City of Palm Springs Zoning Code (Section 94.06.000.13), requires
that the following four (4) findings be made for the granting of height variance. Staff has
analyzed the findings in order below:
9 Because of the special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the strict application of the
Zoning Code would deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification.
Planning Commission Resolution No. 6169 December 08, 2010
Case 5.124013, C, D, E, F & G—CUP, 6.522-VAR R 7.1346-AMM
Page 2 of 7
The Wind Powers Partners 1993 project will install new larger, and more energy efficient
turbines that exceed the 300 feet height allowed by the E-1 zone. Staff is unable to identify
any special circumstances related to the size, shape or topography of the property;
however, the site's location and surroundings make it suitable for maximizing wind energy
production. The increased height is needed to take advantage of the wind conditions at
the site and produce greater electrical energy with fewer machines. Denial of the variance
will deprive the property of the ability to generate wind energy under current technological
conditions and as allowed to adjacent sites.
2 Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in
which subject property is situated.
The increased height will not constitute a grant of special privilege since existing turbines
in the vicinity are similar in design and size. The proposed turbines are more energy
efficient than older models, and require additional height for optimal energy output. The
taller turbines also eliminate the need for more turbines to generate the same amount of
energy.
3 The granting of the variance will not be materially detrimental to the pubic health,
safety, convenience, or welfare or injurious to property and improvements in the
same vicinity and zone in which subject property is situated.
The increased height is 39.6 feet (13%); this would not be materially detrimental to the
public health, safety, convenience, or welfare. The turbines are proposed in an area that
is primarily used for similar facilities. Furthermore all the necessary precautions such as
safety and fire protection setbacks have been taken into consideration with the site layout.
4 The granting of such variance will not adversely affect the general plan of the city.
The General Plan designation of the subject property is "E-I" (Energy Industrial), and "W"
(Watercourse) with Wind Energy Overlay, the proposed use is not only consistent with the
general plan designations, but the proposed use is encouraged and promoted for this
area with dominant prevailing winds that could generate alternative energy for the City.
Setback Variance:
The following four (4) findings are for the granting of setback variance. Staff has analyzed
the findings in order below:
Because of the special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the strict application of the
Zoning Code would deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification.
Planning Commission Resolution No. 6169 December 08, 201-"-
Case 5.1240B, C, D. E, F & CrCUP, 6.522-VAR & 7.1346-AMM
Page 3 of 7
As stated earlier, the Wind Powers Partners 1993 project will install new larger, and more
energy efficient turbines that exceed the 300 feet height allowed by the E-1 zone. Staff is
unable to identify any special circumstances related to the size, shape or topography of
the property; however, the site's location and surroundings make it suitable for
maximizing wind energy production. The reductions in required setbacks are needed to
take advantage of the wind conditions at the site and produce greater electrical energy
with fewer machines. Denial of the variance will deprive the property of the ability to
generate wind energy under current technological conditions and as allowed to adjacent
sites. The purpose of the wind access setback is to promote compatibility between eleven
(11) out of the twenty six (26) turbines at the eastern block. The purpose of the safety, lot
line and scenic setback is to allow a safe distance between the wind turbines and a public
highway, public street, railroad, off -site building or lot that contains a dwelling. Depriving
the subject property of relief from these necessary setbacks would impact the project
compared to other WECS projects in the same zone and in the same general vicinity.
2 Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in
which subject property is situated.
The reduction of lot line setback, safety setback, scenic setback and wind access setback
for the project site will not constitute a grant of special privilege. Variances for required
setbacks and waivers of setback requirements are common in the project area on City
and County jurisdictions where the boundary between different property owners or
between private properties exists internal to the project site.
3 The granting of the variance will not be materially detrimental to the pubic health,
safety, convenience, or welfare or injurious to property and improvements in the
same vicinity and zone in which subject property is situated.
Granting of the variance of safety and wind access setback requirements would not be
materially detrimental to the public health, safety, convenience, or welfare. The wind
access setbacks are internal to the wind project and therefore waiving the safety setback
does not present a safety concern to adjacent property. Safety setbacks to external
property boundaries are being requested for two structures along the northwesterly
portion of the site; there are no other lots that contain a dwelling located within the project
area, so no material detriment to public safety would result from the granting of the
variance.
4 The granting of such variance will not adversely affect the general plan of the city.
The General Plan designation of the subject property is "E-l" (Energy Industrial) and "W"
(Watercourse) with the Wind Energy Overlay; wind energy is a permitted use in this
designation with the planning commission approval of a CUP. The project is proposed in
an area that is primarily used for wind energy, the project does not create incompatible
circumstances, and the project is in conformance with setbacks to the adjacent wind
projects. Based on these circumstances there would be no adverse effect to the General
Planning Commission Resolution No. 6169 December 08, 2010
Case 5.12408, C. D. E. F & GCUP, 6.522-VAR & 7.1340-AMlVl
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Plan of the City.
Administrative Minor Modifications:
The following four (4) findings are for the granting of the Administrative Minor
Modifications. Staff has analyzed the findings in order below:
9. The requested minor modification is consistent with the General Plan,
applicable Specific Plan(s) and overall objectives of the zoning ordinance.
The General Plan designation for this property is E-1 (Energy Industrial) and (W),
Watercourse with Wind Energy Overlay, these designations allow for the development
and operations of wind farms. There are no General Plan Policies that would be
adversely affected by this modification nor are their any specific plans associated with this
property. The overall objective of the Palm Springs Zoning Code is the comprehensive
and orderly planned use of land resources. The administrative minor modification
establishes the findings and guidelines necessary to carry out minor but orderly
development of exceptions to the ordinance. Section 94.06.01(A)(5) of the Palm Springs
Zoning Code (PSZC) specifically allows for up to 20% reduction of the required setback
areas; staff has determined that the request has met the finding.
2. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification.
The setback reductions request is to allow turbine B2 to be placed 11.5 feet (3%) within
the scenic setback area along Dillon Road. Turbine B1 will encroach into the transmission
line safety setback area by approximately 21.1 feet (5%), these reductions are necessary
for the newer designs of turbines that are bigger and more energy -efficient than the older
turbines. The neighboring properties are similar in design and size and will not be
adversely affected by the minor modifications.
3. The approval of the minor modification will not be detrimental to the health,
safety, or general welfare of persons residing or working on the site or in the
vicinity.
The property is located in an area where there are existing wind energy developments.
The closest wind turbine generator is approximately 936 feet from two habitable
dwellings. All the other turbines are in compliance with the safety setbacks on the side
nearest of any habitable dwellings and would not be detrimental to the public health and
safety or general welfare of persons in the area. Additionally, the project would use
substantially less turbines (26) than are currently used (80), which would reduce the
amount of structures and visual impact of the project. (D
4. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or historic
Planning Commission Resolution No. 6169 December 08, 2010
Case 5.124013, C, D, E, F & GCUP, 6.522-VAR & 7.1346-AMM
Page 5 of 7
development patterns of the property or neighborhood.
The property is located an area where there are existing wind energy developments. Most
of the proposed new turbines have been sited due to technical reasons such as hydraulic
analysis, maximizing wind resources and minimizing turbulence, as well as environmental
reasons such as minimizing new disturbance areas and impacts to environmental
resources. The technical requirements of the turbine manufacturer require turbines to be
spaced at least 500 feet apart. Finally, there are existing infrastructures on the project
site, and there is a strong desire to utilize the existing infrastructure and access roads as
much as possible.
Conditional Use Permit.
The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code
requires the Planning Commission to make a number of findings for approval of the
permit. Those findings are analyzed by staff in order below:
a. That the use applied for at the location set forth in the application is properly one
which a Conditional Use Permit is authorized by the Zoning Ordinance.
The project site is located within the "E-I" (Energy Industrial) zone. Section 94.02.00(H)(8)
of the Zoning Code regulates WECS. Per requirements of this Section, the approval of a
conditional use permit application is required for a commercial WECS project. The site of
the proposed project is appropriate and will be subject to the CUP review within the E-1
zone.
b. That the said use is necessary or desirable for the development of the community,
is in harmony with the various elements or objectives of the General Plan, and is
not detrimental to existing uses specifically permitted in the zone in which the
proposed use is to be located.
The proposed use is desirable in that it will generate additional power supply for the State
of California via a renewable energy source (wind power). The proposed WECS facility is
located within the Wind Energy Overlay zone, and is therefore compatible with permitted
uses in the zoning designation. The project surrounding area is currently developed with
WECS facility; this project will replace the aging and non-functional turbines at the subject
site. Furthermore, the project is consistent with the following Land Use Element of the
General Plan: "Wind Energy Conversion Systems (WECS) may be permitted in areas
designated as Wind Energy Overlay" The proposed WECS facility will not be detrimental
to existing or future uses specifically permitted in the area in which the proposed use is to
be located.
c. That the site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls, fences, landscaping and other features
Planning Commission Resolution No. 6169
Case 5.1240B, C. D, E, F & GCUP, 6.522-VAR & 7.1346-AMM
Page 6 of 7
December 08, 2010
required in order to adjust said use to those existing or permitted future uses of
land n the neighborhood.
The project site is adequate in size to accommodate the proposed WECS facility; also,
the site is consistent with the requirements of the Energy Industrial zone. A variance
application has been submitted to address lot line, safety and scenic setback
requirements involving five of the overall turbines. With exception to the variance on
setback requirements along the western and southern boundaries of the eastem portion
of the site, the proposed project complies with all the setbacks and development
standards required for WECS.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated by
the proposed use.
The subject site is accessed via an existing off -site road crossing private land and an
existing road along the western and eastern boundaries of the location. The existing road
connects to North Indian Canyon Drive and Highway 62. The proposed WECS facility is
anticipated to generate minimal traffic; therefore it will not intensify uses on the site or in
the area.
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety, and general welfare and
may include minor modification of the zone's property development standards.
All proposed conditions of approval are necessary to ensure compliance with the Zoning
Ordinance requirements and to ensure public health and safety. Adequate measures will
be taken to make sure that the applicant complies with all the conditions of approval that
addresses matters concerning public health, safety and general welfare. Furthermore,
any future modifications to the site will be subject to review and approval of the Planning
Commission.
SECTION 2:
Commencement of the Conditional Use Permit approval shall be valid for a period of two
(2) years. Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
Ee
Planning Commission Resolution No. 6169
Case 5.12408, C, D, E. F & G-CUP, 6.522-VAR & 7.1346-AMM
Page 7 of 7
December 08, 2010
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission adopts the Mitigated Negative Declaration (MND) thereby approving Case
Numbers 5.1240, 5.1240B, 5.1240C, 5.1240D, 5.1240E, 5.1240F & 5.1240G-CUP,
6.522-VAR and 7.1346-AMM, subject to the conditions contained in Exhibit A, which is
attached hereto and made a part of this resolution.
ADOPTED this 8th day of December 2010.
AYES: 7, Conrad, Donenfeld, Klatchko, Hudson, Munger, Scott and Chair Caffery
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ving, AICF�/
Planninlervices
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO.6169
Case Nos. 5.1240, 5.1240B, 5.1240C, 5.1240D, 5.1240E, 5.1240F & 5.1240G-CUP,
6.522-VAR & 7.1346-AMM
WEST OF INDIAN AVENUE, NORTH OF 20TH AVENUE & EAST OF HWY 62
December 8, 2010
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, 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.
PROJECT SPECIFIC CONDITIONS:
PLANNING DEPARTMENT: 0
PLN1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
PLN1 a.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 5.1240, 5.1240C,
5.1240D, 5.1240E, 5.1240F & 5.1240G — CUP, 7.1346-AMM and 6.522-VAR.
The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will
either undertake defense of the matter and pay the City's associated legal costs
or will advance funds to pay for 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 further indemnification hereunder, 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.
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 2 of 16
PLN2. Non-compliance with any of the conditions of this approval, or with City codes
and ordinances, State laws; any valid citizen complaints or policing and safety
problems (not limited to excessive alcohol consumption, noise, disturbances,
signs, etc) regarding the operation of the establishment; as determined by the
Chief of Police or the Director of Planning Services, may result in
commencement of proceedings to revoke the Conditional Use Permit pursuant to,
Section 94.02.00 of the Zoning Code. In addition, violations of City Codes and
Ordinances will result in enforcement actions which may include citations, arrest,
temporary business closure, or revocation of this permit in accordance with law.
PLN3. Commencement of the Conditional Use Permit approval shall be valid for a period
of two (2) years. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
PLN4. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal period
has concluded.
PLN5. No permanent storage facilities of any kind shall be permitted except as
approved as a part of the proposed plan. (Modified by PC on December 8, 2010)
PLN6. This use shall comply with the provisions of Section 11.74 Noise Ordinance of
the Palm Springs Municipal Code. Violations may result in revocation of this
Conditional Use Permit.
PLN7. The following restrictions shall apply to the occupancy and use of the property
included under this permit:
a. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property and public rights -of -way.
b. No building or structure shall be closer than fifty (50) feet from any road
right-of-way or lot line and no building or structure shall exceed thirty (30)
feet in total height unless otherwise approved by the Planning
Commission.
C. No advertising sign or logo shall be placed or painted on any equipment.
No more than one (1) unlighted advertising sign relating to the
development shall be located on the project site. Prior to installation of any
advertising signs, a sign permit shall be obtained from the Department of
Planning and Zoning.
d. Construction and construction traffic shall not be restricted; unless the City
receives complaints from ad'acent neighbors. In the case the City receives
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 3 of 16 0
complaints from adjacent neighbors: the applicant shall coordinate with
Planning Staff for an amendment to the a hours of construction and
operations. Construction and construction traffic shall not present a dust,
noise, and light nuisance. (Modified by PC on December 8, 2010)
e. The South Coast Air Quality Management District, 2002 Coachella Valley
PM-10 State Implementation Plan (SIP) regulations shall be implemented
with regard to the use of unpaved public and private roads within the
properties used by Wind Power Partners, 1993, LP. The developer shall
be responsible for monitoring average daily traffic counts, and if the
average daily traffic using unpaved public and private roads within the
properties used by Wind Power Partners, 1993, LP, exceeds the SIP
thresholds, the facility operator shall be responsible for bringing the use of
those roads within compliance of the SIP regulations, including posting
speed limit signage or installing other speed control measures, installing
permanent dust stabilizers, or paving.
f. The permittee may be required to submit periodic monitoring reports
containing data on the operations and environmental impacts of this
WECS facility permit including, but not limited to noise, hydrogen
production, safety maintenance, and sightings of threatened or
endangered species. Upon written notice from the City of Palm Springs
requiring such a report, the permittee shall prepare and submit the
required report within forty-five (45) calendar days.
PLN8. PRIOR TO GRADING PERMIT, the permittee shall obtain Wind Access Waivers
from all affected adjoining properties; for turbines C1, C2, C3, C5 C6_, C7, C8,
F1, and F2. Turbines D1 and _D2, located on APN 668-280-019 (Ivanov) have an
existing lease agreement with respect to land identified by APN 668-280-020
Kime Prooerty),__th_e turbines must be decommissioned prior to December 31,
2028 unless the terms are extended, waivers are obtained or no longer
applicable or required. (Modified by PC on December 8, 2010)
PLN9. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, the color of the turbine
shall be off white, or desert tone color as approved by the City of Palm Springs
Planning Commission. (Modified by PC on December 8, 2010)
PLN10. PRIOR TO FINAL BUILIDING INSPECTION APPROVAL, all new transmission
lines connecting all the turbine wind generators shall be undergrounded by an
underground cable system.
PLN11. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of the wind energy
conversion systems, and the storage facility, legible signs warning of electrical
Planning Commission COAs December 8, 2010
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Page 4 of 16
and other hazards shall be posted gated entry points to the project site at a
height of three to five feet above the ground.
PLN12. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, if necessary, a secure
six (6) foot high fence, shall be erected along the perimeter of the project site and
shall be maintained at all times during the life of this permit. The fence shall be
subject to the approval of the Department of Planning Services. Final design and
locations for fencing may be modified with approval by the Planning Department.
PLN13. All the mitigation measures contained in the Mitigated Negative Declaration
(MND) shall be applicable to this project.
PLN14. Whenever any existing commercial WECS are modified, or any new
commercial WECS are installed, any commercial WECS on the site which
are unsafe, inoperable or abandoned or for which the permit has expired shall
be removed by the owner or brought into compliance with the provisions of
Section 94.02.00(X)(A) of the Palm Springs Zoning Code.
PLN15. All safety hazards created by the installation and operation of the WECS shall be
eliminated. Whenever the operation of any WECS is eliminated, the site shall be
restored to its condition prior to installation. A bond, in an amount approved by
the director of planning services, or other appropriate form of security, in a
form approved by the city attorney, may be required to cover the cost of removal
and site restoration.
PLN16. Every unsafe or inoperable commercial WECS and every commercial WECS
which has not generated power for twelve (12) consecutive months is declared to
be a public nuisance which shall be abated by repair, rehabilitation, demolition or
removal. The appropriate abatement method shall be determined by the director
of planning services based upon the cost of abatement and the degree to which
the WECS will meet the requirements of this section following abatement.
FIRE
1. Private streets shall have a minimum width of at least 20 feet, pursuant to California
Fire Code 902.1 however, a greater width for private streets may be required by the
City engineer to address traffic engineering, parking, and other issues.
2. The applicant will comply with all requirements of the Palm Springs Fire Department.
BUILDING
17. The applicant shall obtain permits for all construction involved with the site.
Planning Commission COAs December 8, 2010
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Page 5 of 16
ENGINEERING
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. An application for an Encroachment License shall be submitted to the
Engineering Division for installation of private underground utilities within the
public right-of-way. The application for the Encroachment License shall be
approved by the City Council prior to issuance of construction permits for the
utility lines.
ENG 3. As a condition of any Encroachment License granted to the applicant for the
installation of private underground utilities in the public right-of-way, the applicant
will be required to become a member of Underground Service Alert (USA) and to
comply with applicable state law regarding the marking of underground utilities.
DILLON ROAD
ENG 4. All broken or off grade street improvements, resulting from construction of the
rp oject, shall be repaired or replaced.
MELISSA LANE
ENG 5. Pedieate The applicant shall use its best efforts to acquire, on behalf of the City,
the ultimate half -street right-of-way width of 30 feet across the property identified
by Assessors Parcel Number (APN) 668-280-007 and 668-280-017. Acquisition
of right-of-way, subject to the approval of the underlying land owner, shall be
completed prior to issuance of final City approvals of the project.
18TH AVENUE
ENG 6. Dedicate The applicant shall use its best efforts to acquire, on behalf of the City,
the ultimate half -street right-of-way width of 44 feet across the property identified
by Assessor's Parcel Number (APN) 668-280-017 and 668-400-004. Acquisition
of right-of-way, subject to the approval of the underlying land owner, shall be
completed prior to issuance of final City_ approvals of the project.
Planning Commission COAs December 8, 2010
Case 6.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
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20TH AVENUE
ENG 7. All broken or off grade street improvements, resulting from construction of the
rp oject shall be repaired or replaced. (Modifred by PC on December 8, 2010)
ON -SITE
ENG 8. The applicant shall provide an executed copy of the grant of right-of-way issued
by the U.S. Bureau of Land Management (BLM) for construction of improvements
on that parcel identified by Assessor's Parcel No. 522-080-061. The grant of
right-of-way shall be provided to the City Engineer prior to approval of a grading
plan for that property.
ENG 9. The applicant shall obtain all required Encroachment Permits from the Riverside
County Flood Control and Water Conservation District (RCFC) for construction of
improvements across those parcels identified by Assessor's Parcel Number
(APN) 668-250-015, APN 668-400-010, and APN 668-400-011. A copy of
permits issued by RCFC shall be provided to the City Engineer prior to the
approval of grading plans. For RCFC requirements, contact the RCFC
Encroachment Permit Section at (951) 955-1266.
ENG 10. 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. Measures identified
below shall be satisfied prior to issuance of a grading permit (as the case may
be), or shall be satisfied during the course of construction as authorized by the
City Engineer upon recommendation by the environmental consultant.
ENG 11. Construction, use, and maintenance of the proposed on -site access roads shall
comply with the Chapter 8.50 (Fugitive Dust Control) of the Palm Springs
Municipal Code.
ENG 12. In accordance with mitigation measure "AQ-1" of the Mitigated Negative
Declaration adopted for the project, to reduce NOx emissions from the equipment
proposed for use during construction: Restrict idling time to 95 minutes or less.
ENG 13. In accordance with mitigation measure "BIO-1" of the Mitigated Negative
Declaration adopted for the project: To eliminate potential unapproved or off -site
Planning Commission COAs December 8, 2010
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grading incidents, earth -moving equipment shall be confined to within the
approved limits of grading during construction. The limits of grading shall be
fenced so that construction equipment does not impact areas outside the
approved limits of grading. Because a perimeter fence will be installed around
the development area prior to general construction, all construction equipment
and lay -down areas will be confined to areas within the construction site.
ENG 14. In accordance with mitigation measure "BIO-2" of the Mitigated Negative
Declaration adopted for the project: A restoration plan has been developed to
restore all temporary impact areas from construction and decommissioning
activity to natural grade and control for invasive plants so that disturbed areas
can return to native conditions. The restoration plan is included in the BRA in
Appendix D9.
ENG 15. In accordance with mitigation measure "BIO-3" and "HWQ-1" of the Mitigated
Negative Declaration adopted for the project: To prevent contaminated
wastewater from entering downstream habitats, designated areas shall be set
aside for equipment washing and small batch mixing of concrete or other
chemicals. The set aside areas shall be lined with an impermeable liner, and all
washings or residue shall be collected and properly disposed of followin
construction.
ENG 16. In accordance with mitigation measure "13104" of the Mitigated Negative
Declaration adopted for the project: Burrowing owls located within the project
boundaries in areas that may be impacted by construction or decommissioning
activity may require relocation. If so, passive relocation measures shall be
initiated in accordance with California Burrowing Owl Consortium — Burrowing
Owl Mitigation Guidelines, and as outlined in the CVMSHCP. Passive relocation
will involve the use of one-way doors on burrows to prevent owls from returning
to burrows in impacts areas, and all relocation activity will be conducted by a
qualified biologist. Owls shall be relocated to unimpacted areas of the project
site. If structures (wildlife burrows, standpipes, or other utilized elements) that
have been recognized during pre -activity surveys as supporting either a nesting
burrowing owl pair or resident owl are removed to accommodate the proposed
project, these structures and burrows shall be relocated or replaced on the
project site. Relocated and replacement burrows shall be established within
suitable foraging habitat within the project site in accordance with accepted
guidelines.
ENG 17. In accordance with mitigation measure "BIO-5" of the Mitigated Negative
Declaration adopted for the project: Prior to initiation of grading and during initial
vegetation trimming, biologists shall attempt to capture and relocate all reptiles
within the impact area. Other ground dwelling wildlife, i.e., mammals, shall be
relocated if the opportunity presents itself. Wildlife shall be relocated to
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G— CUP, 7.1346-AMM & 6.522-VAR
Page 8 of 16
preserved areas of the site when appropriate or to nearby permanent open
space areas. It is assumed that a two -person team could adequately salvage the
reptiles on approximately 25 acres per day.
ENG 18. In accordance with mitigation measure "BIO-6" of the Mitigated Negative
Declaration adopted for the project: To prevent the take of nesting native birds
species, all clearing and grubbing of the project site shall take place between
September 1 and February 14. Winter site clearing shall ensure that nesting
birds are not present and impacted. if construction is scheduled or ongoing near
the perimeter of the grading footprint during bird nesting season (February 15 to
August 31), qualified biologists shall survey the area within 200 feet (or up to 300
feet, depending on topography or other factors, and 500 feet for raptors) of the
grading activity to determine if grading is disturbing nesting birds. If nesting
activity is being compromised, construction shall be suspended in the vicinity of
the nest until fledging is complete.
ENG 19. In accordance with mitigation measure "BIO-7" of the Mitigated Negative
Declaration adopted for the project: The fence around the development area
shall aid in eliminating the impacts of litter intruding into the habitat surrounding
the entire project site by trapping litter that might be generated within the project
site, as well as litter from outside the site as the regular winds blow it against the
fence. The regular maintenance of the site shall include weekly litter cleanup
inside and outside the fence, during which all litter that has become attached to
the fence is removed and disposed of properly.
ENG 20. In accordance with mitigation measure "BIO-8" of the Mitigated Negative
Declaration adopted for the project: The proposed lighting will be limited to that
necessary for security and safety, and shall be motion activated and directed
toward the ground from low -elevation (<14-foot) poles at the access gates and
the electric switchyard. Additionally, all lights shall be shielded so that there is no
upward -directed light.
ENG 21. In accordance with mitigation measure "BIO-9" of the Mitigated Negative
Declaration adopted for the project: A worker environmental awareness program
shall be prepared and presented that include the penalties associated with
violation of any of the resource protection laws governing the resources on the
project site. The worker education program shall include a handout detailing
basic biology of the burrowing owl and other sensitive species that occur on the
site, existing threats to their survival, and actions to be taken on the job site. The
handout shall also include a Signed Authorization page, whereby the person
being trained acknowledges having been trained and accepted the conditions of
work onsite.
4f
Planning Commission COAs December 8, 2010
Case 5.1240, B, C. D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 9 of 16 }
ENG 22. 1n accordance with mitigation measure "CR-1" of the Mitigated Negative
Declaration adopted for the project: The historic archaeological site (WPP-2)
shall be completely avoided during the construction and maintenance of the
project. This includes implementation of a construction monitoring program
during periods when ground -disturbing activities are planned within 300 feet of
the site's boundaries to be submitted for approval to the City of Palm Springs
prior to issuance of grading permits.
ENG 23. In accordance with mitigation measure "CR-2" of the Mitigated Negative
Declaration adopted for the project: In the event that cultural resources are
exposed during ground -disturbing activities, construction activities (e.g., grading,
grubbing, or vegetation clearing) shall be halted in the immediate vicinity of the
discovery. An archaeologist who meets the Secretary of the interior's
Professional Qualifications Standards (NPS 1983) shall then be retained (by the
applicant) to evaluate the find's significance under CEQA. If the discovery
proves to be significant, additional work, such as data recovery excavation, may
be warranted and shall be discussed in consultation with the lead agency (City of
Palm Springs).
ENG 24. In accordance with mitigation measure "CR-3" of the Mitigated Negativ 0
Declaration adopted for the project: All project -related ground disturbances that
could potentially impact paleontologically sensitive Quaternary old alluvial fan
deposits, Pliestocene age alluvial or fluvial deposits, or the Imperial Formation
shall be monitored by a qualified paleontological monitor on a full-time basis, as
these geologic units are considered to have a high paleontological sensitivity.
Ground disturbances in Holocene age Quaternary units will not require
construction monitoring, as these units are determined to have low
paleontological sensitivity.
ENG 25. In accordance with mitigation measure "CR-4" of the Mitigated Negative
Declaration adopted for the project: A qualified Paleontologist shall be retained
(by the applicant) to supervise monitoring of construction excavations and to
produce a Paleontological Monitoring and Mitigation Plan for the proposed
project.
ENG 26. In accordance with mitigation measure "CR-5" of the Mitigated Negative
Declaration adopted for the project: Paleontological resource monitoring shall
include inspection of exposed rock units during active excavations within
sensitive geologic sediments. The monitor shall have authority to temporarily
divert grading away from exposed fossils in order to professionally and efficiently
recover the fossil specimens and collect associated data.
ENG 27. In accordance with mitigation measure "CR-6" of the Mitigated Negative
Declaration adopted for the project: At each fossil locality, field data forms shall
Planning Commission COAs December 8, 2010
Case 5.1240, E3, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 10 of 16
be used to record pertinent geologic data, stratigraphic sections shall be
measured, and appropriate sediment samples shall be collected and submitted
for analysis.
ENG 28. In accordance with mitigation measure "CR-7" of the Mitigated Negative
Declaration adopted for the project: Recovered fossils shall be prepared to the
point of curations, identified by qualified experts, listed in a database to facilitate
analysis, and reposited in a designated paleontological curation facility. The
most likely repository is the L4CM or the San Bernardino County Museum
(SBCM).
ENG 29. In accordance with mitigation measure "CR-8" of the Mitigated Negative
Declaration adopted for the project: The Qualified Paleontologist (retained by the
applicant) shall prepare a final monitoring and mitigation report to be filed with
the client (applicant), the lead agency (City of Palm Springs), and the repository.
ENG 30. Pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan
(CVMSHCP), the properties identified by Assessor Parcel No. (APN) 522-080-
065 and 668-270-010 are located within the Notification Area for the Desert
Tortoise. In accordance with the CVMSHCP, the applicant shall conduct a desert
tortoise clearance survey to allow for the potential salvage of adult tortoises, in
accordance with the U.S. Fish and Wildlife Service protocol, prior to issuance of
a grading permit. A copy of the desert tortoise clearance survey shall be
provided to the City Engineer prior to issuance of grading permit.
ENG 31. Pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan
(CVMSHCP), the properties identified by Assessor Parcel No. (APN) 522-080-
061 and APN 522-080-065 are located within the Whitewater Floodplain
Conservation Area, and the applicant shall comply with Section 4.4 (Required
Avoidance, Minimization, and Mitigation Measures) and Section 4.5 (Land Use
Adjacency Guidelines) of the CVMSHCP.
ENG 32. Pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan
(CVMSHCP), the property identified by Assessor Parcel No. (APN) 668-250-020
is located adjacent to the Upper Mission Creek/Big Morongo Canyon
Conservation Area and the applicant shall comply with Section 4.4 (Required
Avoidance, Minimization, and Mitigation Measures) and Section 4.5 (Land Use
Adjacency Guidelines) of the CVMSHCP.
TO 1 1 •
NO
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Pianning Commission COAs December 8, 2010
Case 5.1240, B, C. D, E, F & G -- CUP, 7.1346-AMM & 6.522-VAR
Page 11 of 16 C)
♦♦ • •I
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ENG 34. Submit a Rough Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. 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 contractorsrN
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 staffs that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering Division prior
to approval of the Grading plan. The Grading Plan shall be approved by the City
Engineer prior to issuance of grading permit.
a) 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; and a copy of the associated
Hydrology Study/Report.
ENG 35, 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
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 12 of 16
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 36. 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. The fence location shall coincide with any required
environmental fencing to be installed at the limits of all construction 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. At the discretion
of the City Engineer, requirements for temporary dust control Perimeter fencing
may be_waived if in his determination the requirements of the City's Fugitive Dust
Control Ordinance will continue to be satisfied in the absence of such fencing. In
its place, environmental fencing _shall be installed and maintained as may be
required.
ENG 37. Temporarydust control 12erimeter fence screening (if_ required) 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 38. 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, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 39. 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 1A1hiteW.+or Rider and/GF Garnet 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 40. 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 (Phone No. (760) 346-7491). A copy of the
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 13 of 16
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 41. 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). A copy of the up-to-date SWPPP shall be kept at the project site and
be available for review upon request.
ENG 42. 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 for mitigation measures for erosionlblowsand
relating to this property and development.
ENG 43. A GeotechnicallSoils Report prepared by a California registered Geotechn ical
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 44. The applicant shall provide all necessary geotechnicallsoils inspections ando
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
GeotechnicallSoils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 45. 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
ENG. 46 For industrial facilities subject to the General Permit for Stormwater Discharges D
Associated with Industrial Activity as defined by Standard Industrial Classification
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G -- CUP, 7.1346-AMM & 6.522-VAR
Page 14 of 16
(SIC) code, prior to issuance of certificate of occupancy, the applicant s hall
demonstrate that General Permit coverage has been obtained by providing a
copy of the Notice of Intent submitted to the SWRCB and a copy of the
notification of the issuance of a Waste Discharge Identification (WDID) Number
or other proof of filing.
DRAINAGE
ENG. 47 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 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 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. 48 A portion of this property is located within a special flood hazard area (SFHA),
and is subject to the provisions of Chapter 8.68 et. seq. ("Flood Damage
Prevention") of the Palm Springs Municipal Code, and applicable state and
federal laws and regulations. Specifically, this property is located within a
designated SFHA identified by Zone A as shown on the current Federal
Insurance Rate Map (FIRM) for the City of Palm Springs, Califomia, Riverside
County, Community Panel Number 06065C0870G, dated August 28, 2008. The
applicant shall comply with all applicable local, state and federal laws and
regulations associated with development occurring within a SFHA.
ENG.49 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. 50 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
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 15 of 16
the Code, all mechanical and electrical equipment shall be elevated a minimum
of 2 feet above the base flood elevation. Natural grade shall be determined as
the average grade of native soils surrounding each foundation, not including
gravel fill placed around the foundation.
REL \ i�_,
ENG. 51. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfiiled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115.
ENG. 52 All new proposed utility lines shall be installed underground. Existing overhead
power lines currently serving wind energy conversion units may remain in use
ENG. 53 All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG. 54 Upon approval of any improvement plan by the City Engineer, the improvemenn
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. 55 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 certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
ENG.56 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.57 The project 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 a building permit. 0
Planning Commission COAs December 8, 2010
Case 5.1240, B, C, D, E, F & G — CUP, 7.1346-AMM & 6.522-VAR
Page 16 of 16
TRAFFIC
ENG.58 In accordance with mitigation measure "T-1" of the Mitigated Negative
Declaration adopted for the project: A traffic monitoring plan shall be developed
and implemented consistent with the size and scope of the project construction
activity. The following measures shall be considered for inclusion in the traffic
monitoring and control plan: Use appropriate signs, equipment, and traffic
control measures that conform to the provisions in the Caltrans Traffic Manual
and the Manual of Uniform Traffic Control Devices, Limit vehicular traffic to
designated access roads, construction laydown areas, worker parking areas, and
the project site; Provide employee and contractor orientation and briefing
information on the desired construction traffic access route; Schedule the heavy
vehicle deliveries involving over -sized loads only during off-peak travel hours
whenever possible; The proposed project shall route construction traffic onto
Interstate 10 via the Indian Avenue interchange and direct construction traffic to
avoid making left -turn maneuvers from Dillon Road onto SR-62 at the
unsignalized intersection of SR-62 with Dillon Road whenever feasible.
ENG. 59 All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, and striping associated with the proposed development shall be replaced
as required by the City Engineer prior to issuance of a Certificate of Occupancy.
ENG. 60 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 September 26,
2006, or subsequent editions in force at the time of construction.
ENG. 61 This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
END OF CONDITIONS
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