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HomeMy WebLinkAboutPC Resolution _6177- Case 5.1257 CUP- Solar Energy System at COD West Valley CampusRESOLUTION NO. 6177 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE APPROVAL OF CASE NO. 5.1257 - CUP, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 10- MEGAWATT SOLAR ENERGY CONVERSION SYSTEM AT THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS, ZONE R-1-C, SECTION 34/T3S/R4E. WHEREAS, College of the Desert (COD), "applicant", has filed an application with the City pursuant to Section 94.02.00 (Conditional Use Permit) for construction of a 10- megawatt solar energy conversion system (SECS); and WHEREAS, a notice of public hearing for Case 5.1257 CUP was given in accordance with applicable law; and WHEREAS, on January 26, 2011, a public meeting on the application for approval of Case 5.1257 CUP 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"). An environmental analysis has been completed and a Mitigated Negative Declaration has been prepared in accordance with the guidelines of CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the Planning Commission finds that the current environmental assessment for Case 5.1257-CUP adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. The Planning Commission further finds that, with the incorporation of the proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore adopts a Mitigated Negative Declaration for the project. Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the Planning Commission finds as follows: Planning Commission Resolution No. 6177 January26, 2011 Case 5.1257-CUP - Solar Energy System at COD West Valley Campus Page 2 of 3 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The applicant proposes solar collector uses (solar energy conversion systems (SECS) on an approximately 60-acre site within the R-1-C zone as part of a community college Preliminary Development Plan. Solar collector uses in this context are permitted in the zone subject to a conditional use permit. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan land use designation for the subject parcel is "School". The proposed solar collector uses are complementary to the community college use and integral to the planned sustainability of the campus development of which it is a part. The proposed Green Park project is compatible with and will not be detrimental to existing or future uses specifically permitted in the zone or on surrounding lands. The COD array proposal will augment the production of renewable electrical energy, similar to that planned as an integral part of the balance of the site. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The proposed site is approximately 60 acres and the project proposes approximately 55 acres of solar collectors mounted on fixed frames. The Green Park project will also include service roads and auxiliary buildings in support of the solar collector installation. The project is proposed with perimeter fencing and security lighting that will conform to the City's outdoor lighting ordinance. Setbacks from adjoining residential development will be approximately 100 feet or greater. 4) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The project is designed to provide adequate access to the public streets via a post - construction maintenance access off of the west end of Tramview Road. The project does not produce traffic impacts that would reduce the Level of Service (LOS) for the network of public roads in the vicinity. Therefore the project is consistent with this finding. 0 5) That the conditions to be imposed and shown on the approved site plan are Planning Commission Resolution No. 6177 January 26, 2011 Case 5.1257-CUP - Solar Energy System at COD West Valley Campus Page 3 of 3 deemed necessary to protect the public health, safety and general welfare and may include minor modification based upon mitigation measures outlined in an environmental assessment. A draft set of conditions of approval necessary to ensure compliance with the Zoning Ordinance requirements and to ensure the public health, safety and welfare are proposed and included in Exhibit A of this staff report. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1257-CUP, for the construction of a 10-megawatt solar energy conversion system at the College of the Desert West Valley Campus, subject to the attached conditions set forth in Exhibit A. ADOPTED this 26th day of January 2011. AYES: 4, Conrad, Munger, Klatchko, Donenfeld NOES: None ABSENT: 1, Scott ABSTAIN: 2, Caffery, Hudson ATTEST: z', Pla In_ Services CITY OF PALM SPRINGS, CALIFORNIA Resolution No. 6177 EXHIBIT A Case 5.1257 CUP A Conditional Use Permit 10-MW Solar Energy Conversion System College of the Desert West Valley Campus January 26, 2011 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 (5.1257 CUP); except as modified with the approved Mitigation Monitoring Program and theJ conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (1/14/10) including subsequently refined site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in or subsequently provided to 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. M+nor 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 5.1257-CUP. The City of Palm Springs will promptly notify the applicant of any such 3 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 Conditions of Approval Case No. 5,1257 CUP 1 COD Solar, COD West Valley Campus Page 2 of 12 January 26, 2011 proceeding or falls 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, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including access drive and associated easement areas that extend onto private property, 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 not be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley_ Multiple -Species_ Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, which are not within the Agua Caliente Band of Cahuilla Indians reservation, are subject to payment of the CVMSHCP LDMF. Conditions of Approval Page 3 of 12 Case No. 5.1257 CUP / COD Solar, COD We at Valley Campus January 26, 2011 ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711 A of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. Applicants may apply for a refund by the CFG at www.dfg.ca.gov_ for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the final plans prior to Building Department and/or Public Works/Engineering Department consideration of the final development plans. Mitigation measures are defined in the approved project description. ENV 4. In accordance with mitigation measure 8 of the Aesthetics section of the Mitigated Negative Declaration adopted for the project: Transmission lines from the switchgear facilities to Indian Canyon Drive shall be placed underground. ENV 5. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ENV 6. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground -disturbing activities. a). A Native. American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. Conditions of Approval Case No. 5.1257 CUP / COD solar, COD West Valley Campus PLANNING DEPARTMENT CONDITIONS Page 4 of 12 January 26, 2011 PLN 1. Outdoor Liphting 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 or are otherwise elevated, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 2. WaterEfficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and any state water efficiency ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioners Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the Desert Water Agency that they are in conformance with the State Water Efficient Landscape Ordinance. Refer to Chapter 8.60 of the Municipal Code for specific requirements. (See Chapter 8.60.020 for exemptions) PLN 3. Sign Applications Reouired. 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. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as off-white, beige or tan. PLN 5. Screen Roof -mounted Eauipmen#. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 9. Compacted _gravel roads and parking area. Construction of parking spaces in compacted gravel shall be consistent with the gravel roadbed standards. Any required ADA parking spaces shall conform to ADA requirements. Conditions of Approval Page 5 of 12 Case No. 5.1257 CUP / COD Solar, COD We --A Valley Campus January 26, 2011 0 POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section 11 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. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. If the underground electrical line across N. Indian Canyon Dr. will not be owned and maintained by Southern California Edison, the applicant shall apply for an Encroachment License for installation of private underground utilities within the pu right-of-way of N. Indian Canyon Drive. The application for the Encroachment Lice shall be approved by the City Council prior to issuance of permits related to 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. TRAMVIEW ROAD ENG 4. Construct a full -access 30 feet wide driveway approach located adjacent to the east property line of the GreenPark site in accordance with City of Palm Springs Standard Drawing No. 201. ENG 5. All broken or off grade street improvements shall be repaired or replaced. ON -SITE ENG 6. 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. -- •- - • � w w Conditions of Approval Page 6 of 12 Case No. 5.1257 CUP 1 COD Solar, COD West Valley CaI January 26, 2011 • - • • w . . • • . MUZIMI • r - - MIMI . • w -ONi ♦ w - - - - i:i�••iitsii ENG 9A. The applicant shall design and install a new irrigation system for the existing tamarisk windrow subject to review and approval by the City Engineer. (Added by PC on 1.26.11) GRADING 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. 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 11. 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 contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading Conditions of Approval Page 7 of 12 Case No. 5,1257 CUP / COD solar, COD West Valley Campus January 26, 2011 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; a copy of the associated Hydrology Study/Report; and a copy of the associated Final Project -Specific Water Quality Management Plan. ENG 12. In accordance with the mitigation measures included in the Mitigated Negative Declaration adopted for the project: Burrowing Owl. Given that suitable burrowing owl habitat has been observed on the future GreenPark site, a pre -development owl survey shall be conducted in accordance with prevailing CDFG protocol. if owls are found on the site, a relocation plan acceptable to the resource agencies may be required if active burrows are found. ENG 13. In accordance with the mitigation measures included in the Mitigated Negative Declaration adopted for the project: Migratory Bird Treaty Act (MBTA): In the event site disturbance is planned between January 15 through August 31. nesting surveys for the burrowing owl and other migratory bird species shall be conducted in accordance with CDFG protocol. In the event nesting birds are found, nesting sites shall be avoided until fledgling has occurred. if owl relocation is required, it shall be conducted in accordal with CDFG protocol. J ENG 14. In accordance with the mitigation Declaration adopted for the project cultural resources are not expected Agua Caliente Tribe and facilitate grubbing and site grading. measures included in the Mitigated Negative While impacts to archaeological, historic, other the project developer shall contact the City and the presence of a Tribal monitor on site during ENG 15. In accordance with the mitigation measures included in the Mitigated Negative Declaration adopted for the project: In the event that cultural resources are uncovered during development activities, said resources shall be further avoided until a qualified archaeologist has assessed and collected appropriate data and information on the resource. If human remains are uncovered, the County Coroner shall be contacted immediately and further disturbance to remains shall be avoided. ENG 16. 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, anc, arrange payment of any required fees associated with Tribal monitoring. ENG 17. 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. Conditions of Approval Case No. 5.1257 CUP 1 COD Solar, COD West Valley Campus Page 8 of 12 January 26, 2011 Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 18. 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 19. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, temporary dust control perimeter fencing shall be removed, as required by the City Engineer. ENG 20. 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 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 21. 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). 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 22. 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 23. 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 GeotechnicallSoils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG 24. The applicant shall provide all necessary geotechnicallsoils inspections and testing in accordance with the GeotechnicallSoils 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. The City will not "final" the project until the required certification is provided to the City Engineer. ENG 25. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for Conditions of Approval Page 9 of 12 Case No. 5.1257 CUP 1 COD Solar, COD West Valley Campus January 26, 2011 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 26. 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 storrnwater 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 Engine J ENG 27. A Final Project -Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Rough Grading Plan. ENG 28. 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 Home Owners Association or 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 29. Prior to issuance of "final" approval by City, the applicant shall: (a) demonstrate that structural BMP's have been constructed and installed in conformance with approv 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 Conditions of Approval Case No. 5.1257 CUP 1 COD Solar, COD west Valley Campus Page 10 of 12 January 26, 2011 number of copies of the approved Final Project -Specific WQMP are available for the future owners (where applicable). ENG 30. For industrial facilities subject to the General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification the (SIC) code, prior to issuance of "final' approval by the City, the applicant shall 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. ENG 31. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. ENG 32. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 33. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 34. 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 35. 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 36. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) 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 37. 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 38. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. Conditions of Approval Page 11 of 12 Case No. 5.1257 CUP 1 COD Solar, COD West Valley Campus January 26, 2011 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. 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 September 26, 2006, or subsequent editions in force at the time of construction. ENG 41. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS: FID 1. These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan dated and received on 1/14/2010. Additional requirements may be required at that time based on revisions to site plans. FID 2. Fire Department Conditions were based on the 2007 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. Conditions of Approval Case No. 5.1257 CUP i COD Solar, COD West Valley Campus Page 12 of 12 January 26, 2011 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 comers shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric. FID 9. Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained at all times. Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. Secured automated vehicle gates or entries shall utilize approved Knox access switches as required by the fire code official. Secured non -automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of inch) when required by the fire code official. FID 10. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. FID 11. location of Knox boxes: A Knox box shall be installed at every locked gate. Boxes shall be mounted at 5 feet above grade. Show location of boxes on plan elevation views. Show requirement in plan notes. END OF CONDITIONS G K U