HomeMy WebLinkAboutPC Resolution _6184- Case 5.1248 CUP LNG Fueling Facility at 670 Garnet AvenueRESOLUTION NO. 6184
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1248 CUP, A CONDITIONAL USE
PERMIT FOR A LIQUEFIED NATURAL GAS FUEL
SERVICE FACILITY AT 670 WEST GARNET AVENUE,
ZONE M-1-P, SECTION 15. TOWNSHIP 3S, RANGE 4E;
APN 666-330-088 (recently changed to 666-430-011).
WHEREAS, Border Valley Trading, Inc, "applicant', has filed an application with the
City pursuant to Section 94.02.00 (Conditional Use Permit) of the Zoning Code seeking
approval to establish a liquefied natural gas (LNG) fueling station at 670 West Garnet
Avenue; and
WHEREAS, on September 20, 2010, the Architectural Advisory Committee met and
voted 6-0-1 to recommend approval of the project to the Planning Commission; and
WHEREAS, a notice of public hearing for Case 5.1248 CUP was given in accordance
with applicable law; and
WHEREAS, on March 9, 2011, a public meeting on Case 5.1248 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 Initial Study was conducted and the
project was found to cause potentially significant impacts to the environment. Mitigation
measures have been proposed reducing any potentially significant impacts to less than
significant. The applicant has agreed in writing to all proposed mitigation measures. A
Notice of Intent to Adopt a Mitigated Negative Declaration was prepared and circulated
for public comment for a period of 20 days. No new information was discovered that
would require further analysis under 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 adopts a Mitigated Negative Declaration
including mitigation measures that reduce any potentially significant
impacts caused by the project to less than significant.
Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the
Planning Commission finds as follows:
The commission shall not approve or recommend approval of a conditional use permit
unless it finds as follows:
Planning Commission Resolution No. 6184 March 9, 2011
Case 5.1248 CUP Liquefied Natural Gas Fueling Facility 670 Garnet Road Page 2 of 4
a. 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 application proposes a service use to support a fleet of private Liquefied Natural
Gas fueled trucks. It is proposed on a roughly 0.94 acre parcel zoned M-1 •P. Pursuant
to PSZC Section 92.16.01(D)(13) via 92.17.01(D)(14) Service Uses that are permissible
in the M-1 zone are also permissible in the M-1-P zone subject to a conditional use
permit (CUP).
b. 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 applicant is proposing a fuel service facility for an alternative energy fuel (Liquefied
Natural Gas). The truck fleets that use this fuel emit lower levels of pollutants into the
atmosphere. The proposed use is believed to be consistent with the General Plan and
substantially conforms to the Zoning Code development standards for the M-1-P zone.
The proposed service station will be constructed and operated in accordance with all
applicable regulatory standards and codes. Staff believes this is an appropriate use for
this freeway -adjacent site in the M-1-P zone.
c. 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 site on which the proposed LNG service facility is located is roughly 40,832 gross
square feet (0.94 acres). Although the lot is smaller than the current zoning code
requires, it is a legal non -conforming lot and the proposed tanks and other structures
conform to the required setbacks, height restrictions and other development standards
of the zone.
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 site has direct access to Garnet Avenue which is a secondary thoroughfare on the
City's General Plan Circulation Map. Traffic studies were conducted for the proposed
uses and it was determined that the project does not cause any adverse impacts on
traffic patterns in the vicinity. The project therefore conforms to this finding
e. That the conditions to be imposed and shown on the approved site plan are
Planning Commission Resolution No. 6184
Case 5.1248 CUP liquefied Natural Gas Fueling Facility 670 Gamet Road
March 9, 2011
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deemed necessary to protect the public health, safety and general welfare
and may include minor modification of the zone's property development
standards.
A proposed set of Conditions of Approval accompany this staff report in Exhibit A.
Section 3: Findings for Architectural Review. The Zoning Code requires that
applications for construction of commercial structures must be reviewed
subject to Zoning Code Section 94.04.00(D)(1-9) "Architectural Review':
The review of such projects is required "to determine that the proposal will
provide a desirable environment for its occupants as well as being
compatible with the character of adjacent and surrounding developments,
and whether aesthetically it is of good composition, materials, textures
and color". Conformance is evaluated, based on consideration of the
following:
I. Site layout, orientation, location of structures and relationship to
one another and to open spaces and topography. Definition of
pedestrian and vehicular areas; i.e., sidewalks as distinct from
parking areas;
The project is proposed on a site that is slightly less than one acre in size. The site
layout provides queuing for trucks to avoid trucks stacking up in the right of way of
Gamet Avenue. The project conforms to the setback requirements for the zone and
provides distinct separation between vehicular areas and pedestrian areas.
2. Harmonious relationship with existing and proposed adjoining
developments and in the context of the immediate neighborhood
community, avoiding both excessive variety and monotonous
repetition, but allowing similarity of style, if warranted;
The project is surrounded by other existing commercial and industrial uses and open
space. It is an area developed primarily with freeway -service uses such as restaurants,
truck stops, fueling stations and convenience stores. The proposed front wall and the
toilet building are proposed to be constructed with split face concrete block. Staff
believes the project conforms to this statement.
3. Maximum height, area, setbacks and overall mass, as well as parts
of any structure (buildings, walls, screens towers or signs) and
effective concealment of all mechanical equipment,
At full build out, the project proposes two vertical LNG storage tanks approximately 40
feet in height and 15 feet in diameter. The tanks would be set back to conform to the
one-to-one criteria for structures greater than 30 feet in the M-1-P zone. The tanks will
be set within a spill containment wall and there is fencing and walls at the perimeter of
the site. Landscaping is proposed at the front of the site and at the rear comers of the
Planning Commission Resolution No. 6184 March 9, 2011
Case 5.1248 CUP Liquefied Natural Gas Fueling Facility 670 Gamet Road Page 4 of 4
site to partially screen views of the tanks from the freeway. Staff has concluded the
project conforms to this statement.
.4. Building design, materials and colors to be sympathetic with desert
surroundings; AND
5. Harmony of materials, colors and composition of those elements of
a structure, including overhangs, roofs, and substructures which
are visible simultaneously, AND
6. Consistency of composition and treatment,
The project proposes two vertical storage thanks painted in a light neutral color. The
perimeter walls and toilet building are proposed in split face concrete block in a neutral
color. The project was reviewed by the Architectural Advisory Committee which, by a
vote of 6-0-1, recommended it for approval by the Planning Commission. Staff has
concluded the project is sympathetic with its surroundings, and offers a good visual
composition and architectural treatment within the context of this freeway -adjacent site.
7. Location and type of planting, with regard for desert climate
conditions. Preservation of specimen and landmark trees upon a
site, with proper irrigation to insure maintenance of all plant
materials; (D
The project proposes to install drought -tolerant plant species deemed appropriate to the
desert environment and the windy zone in which the project is proposed. There are no
landmark or specimen plants or trees on the site. The project is therefore deemed in
conformance with this statement.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1248 - CUP for the establishment of a liquefied
natural gas fuel service use at 670 West Garnet Avenue, subject to the attached
conditions set forth in Exhibit A.
ADOPTED this 9" day of March 2011.
AYES: 6, Conrad, Munger, Klatchko, Hudson, Donenfeld and Chair Caffery
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Gr ' A. ing, A
Di of Pla in Services
CITY OF PALM SPRINGS, CALIFORNIA
K
RESOLUTION NO. 6184
EXHIBIT A
Case 5.1248 CUP Border Valley Trading for a
Conditional Use Permit for a Liquefied Natural Gas Fueling Facility
At 670 Garnet Avenue; Zone M-1-P
March 9, 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. Protect Description. This approval is for the project described per Case
5.1248 CUP; except as modified with the approved Mitigation Monitoring
Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (November 15, 2010),
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
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March 9, 2011
officers concerning Case 5.1248 CUP. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, wails, and fences between the curb and
property line, including sidewalk or bikeway 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. Ri-ght to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 112% for
commercial projects or 114% 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
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
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March 9, 2011
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 11. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 12. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP
Local Development Mitigation Fee (LDMF} required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game „Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the
approved project description.
ENV 4. 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 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling F-,-rillty at 670 Garnet Avenue
Page 4 of 16
March 9, 2011
be present during all ground -disturbing activities. (check for duplication in
engineering conditions)
ENV 6. 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.
PLANNING DEPARTMENT CONDITIONS 0
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down -lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient 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
Commissioner's 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. Si n Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
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March 9, 2011
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 beige or tan.
PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 7. 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 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 11. The rear yard landscaping and permanent toilet facilities must be installed
within two (2) years from the date of approval of this Conditional Use Permit
or with the construction of Phase 2 of the scope of work, whichever comes
first.
PLN 12. The Conditional Use Permit approval is for a service center use associated
with a private re -fueling facility for a fleet of privately owned LNG fueled trucks
owned by Border Valley Trading and Hayday Trucking. In the event that the
fueling facility is made available for use by the public or for LNG vehicles
owned by other private fleet operators, the CUP shall be amended to require
conformance with Zoning Code Section 94.02.00(H)(2) "Conditions for
Specific Uses — Automobile Service Stations".
POLICE DEPARTMENT CONDITIONS
Resolution No. 6184
Conditions of Approval Page 6 of 16
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue March 9, 2011
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
GARNET AVENUE
ENG 2. Construct two 24 feet wide driveway approaches in accordance with City of Palm
Springs Standard Drawing No, 205. The centerline of the driveway approaches
shall be located approximately 30 feet from the east and west property lines,
respectively. The east driveway shall be used for ingress only and the west
driveway shall be used for egress only.
ENG 3. The existing fire hydrant located adjacent to the proposed west driveway shall
have clearance in accordance with Mission Springs Water District standards and
may need to be relocated in conjunction with this project.
ENG 4. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the driveway approach in accordance with City of
Palm Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across the
driveway, and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer. If necessary,
additional pedestrian and sidewalk easements shall be provided on -site to
construct a path of travel meeting ADA guidelines.
ENG 5. The existing driveway approach located at the southwest corner of the project
site shall remain in place.
ENG 6. Construct a 5 feet wide sidewalk behind the existing curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 7. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE 0
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 7 of 16
March 9, 2011
ENG 8. No structure, obstructions, or encroachments shall be located within the existing
8.5 feet wide drainage easement along the west property line.
ENG 9. No structure shall be located within the 10 feet wide public utility easement along
the south property line.
ENG 10. Both the east and west driveways shall be gated and locked; and lock box key(s)
provided to the Fire Department for emergency access.
ENG 11. In accordance with the Fire Department requirement of a minimum 43 feet wide
turning radius for large emergency vehicles entering and exiting the project, and
driving on the site during and after construction, the applicant shall provide an
exhibit showing truck turning movements around the project entry, exit, and at
the turns at the north end of the on -site roadway, demonstrating the ability of
standard size tanker trucks, as well as fire trucks, to maneuver through those
areas.
ENG 12. The minimum pavement section for all on -site pavement shall be 2Y2 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
ENG 13. In accordance with the mitigation measure MM VIII-A included in the Mitigated
Negative Declaration adopted for the project: The project proponent shall ensure
that the project adheres to the established and conditioned safety standards
related to LNG fueling facilities.
ENG 14. In accordance with the mitigation measure MM XIV-B included in the Mitigated
Negative Declaration adopted for the project: The project applicant shall ensure
that proper unobstructed site access is provided to the Department during and
after construction. This includes an access road with the proper weight capacity
(73, 000 lbs.) and turning radius (43 ft.).
SANITARY SEWER
ENG 15. In Phase 2 of the project, a private sanitary sewer system shall be constructed
in accordance with City of Palm Springs Ordinance No. 1084.
ENG 16. The City recommends that the applicant contact the Riverside County Health
Department for requirements related to the construction of private septic
systems for non-residential uses. Private septic systems may now require
additional environmental requirements and/or permits from Riverside County
and the Regional Water Quality Control Board.
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 676 Garnet Avenue
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March 9, 2011
ENG 17. This project is subject to the requirements of the Mission Springs Water District
(MSWD). Provisions for domestic water supply and public sanitary sewer service
must be arranged for directly with MSWD. The applicant should contact MSWD
at (760) 329-6448 and determine what requirements MSWD may have for
provision of domestic water and/or sanitary sewer service to the property.
GRADING
ENG 18. Submit a Precise Grading Plan prepared by a California registered Civil engineer
to the Engineering Division for review and approval. The Precise Grading Plan
shall be approved by the City Engineer prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.-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.
b. The first submittal of the 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 19. In accordance with the mitigation measure MM IV -A included in the Mitigated
Negative Declaration adopted for the project: No more than 30 days prior to any
ground -disturbing activities, a qualified biologist shall conduct surveys for
burrowing owls and desert tortoise based on the recommended observation
practices by the California Department of Fish and Game and the United States
Fish and Wildlife Service. 3
Resolution No. 6184
Conditions of Approval Page 9 of 16
' - Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue March 9, 2011
ENG 20. Prior to approval of a Grading Plan, the applicant shall obtain written approva I 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 grad ing
or other construction. The applicant is advised to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If required, it is
the responsibility of the applicant to coordinate scheduling of Tribal monitors
during grading or other construction, and to arrange payment of any required
fees associated with Tribal monitoring.
ENG 21. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. 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 grad ing
operations.
ENG 22. 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 23. 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 24. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 25. In accordance with the errata sheet (dated January 7, 2011) for the 2010
California Green Building Standards Code Section 5,106.1, newly constructed
non-residential projects causing soil disturbance less than one acre in area, shall
prepare and implement a project -specific stormwater soil loss prevention plan
(SWSLPP) in accordance with the requirements for preparation of a stormwater
pollution prevention plan (SWPPP) from the General Permit for Stormwater
Discharges Associated with Construction Activity (Water Quality Order 2009-
0009-DWQ as modified September 2, 2009). The SWSLPP should cover
prevention of soil loss by stormwater runoff and/or wind erosion, of
sedimentation, and/or of dust/particulate matter air pollution. The applicant does
not have to attain a Water Discharge Identification No. (WDID) for coverage
under the General Permit for Stormwater Discharges Associated with
Construction Activity, but shall implement best management practices as noted in
the errata sheet. A copy of the up-to-date SWSLPP shall be submitted to the City
Resolution No. 6184
Conditions of Approva I
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 10 of 16
March 9, 2011
Engineer prior to approval of the grading plan and shall be kept at the project site
and be available for review upon request.
ENG 26. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grad ing
plan for the proposed development. A copy of the GeotechnicallSoils Report
shall be submitted to the Engineering Division with the first submittal of a grad ing
plan.
ENG 27. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the GeotechnicallSoils Report prepared for the project.
All backfiil, compaction, and other earthwork shown on the approved grad ing
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 issue
"final" project approval until the required certification is provided to the City
Engineer.
ENG 28. The applicant shall provide pad elevation certifications for all pads in
conformance with the approved grading plan, to the Engineering Division prior to
construction of any structure foundation.
ENG 29. 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 30. 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
Resolution No, 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 11 of 16
March 9, 2011
measures shall be designed and installed on -site; and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of the City
Engineer, including provisions in Covenants, Conditions, and Restrictions
(CC&R's) required for the development.
ENG 31. For industrial facilities subject to the General Permit for Stormwater Discharges
Associated with Industrial Activity as defined by the Standard Industrial
Classification (SIC) code, prior to issuance of "final" approval by City, the
applicant shall demonstrate that General Permit coverage has been obtained by
providing a copy of the Notice of Intent submitted to the State Water Resources
Control Board and a copy of the notification of the issuance of a Waste
Discharge Identification (WDID) Number or other proof of filing.
DRAINAGE
ENG 32. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on -site retention or other facilities approved
by the City Engineer shall be required to contain the increased stormwater runoff
generated by the development of the property. Update the Preliminary Hydrology
Report prepared by MSA Consulting, Inc. (dated September 27, 2010) for the
LNG Fueling Station, to include California Department of Transportation
calculations or calculations by others, showing the discharge rate at the outlet of
the two 24 inch culverts crossing under Interstate 10, that drain through the
easement along the west property line of the site; and provide calculations that
show that the existing v-channel within the drainage easement has the capacity
to safely convey these flows past the site to Garnet Avenue, after pollutants have
been removed. Final retention basin sizing and other stormwater runoff mitigation
measures shall be determined upon review and approval of the final hydrology
study by the City Engineer and may require redesign or changes to site
configuration or layout consistent with the findings of the final hydrology study.
ENG 33. If the existing v-channel within the drainage easement along the west property
line does not have the capacity to carry the tributary flows, the applicant shall
modify or reconstruct the v-channel to provide the required capacity.
ENG 34. The applicant shall provide the California Department of Transportation
(Caltrans) District 8 with project grading/drainage plans for review in relation to
the existing Interstate 10 drainage facilities and the possible need for a Caltrans
encroachment permit for work in the Caltrans right-of-way.
GENERAL
ENG 35. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 12 of 16
March 9, 2011
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115.
ENG 36. All proposed utility lines shall be installed underground.
ENG 37. 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 m ain
line to the property line.
ENG 38. 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 39. 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 t<D
construction.
ENG 40. Nothing shall be constructed or planted in the corner cut-off area of any 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 41. 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.
ENG 42. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
TRAFFIC
ENG 43. In accordance with the mitigation measure MM XIV-A included in the Mitigated
Negative Declaration adopted for the project: The project proponent shall ensure
that all recommended mitigation measures provided in the Traffic Impact Study
are adhered to throughout the development as follows:
a) The project proponent shall comply with City of Palm Springs requirements
regarding the Class /// bikeway project planned along Garnet Avenue prior to
project completion.
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 13 of 16
March 9, 2011
b) The proponent shall install a stop sign facing vehicles leaving the site at the
west site driveway prior to project completion. Install a 24 inch stop sign, stop
bar, and "STOP" legend in accordance with City of Palm Springs Standard
Drawing Nos. 620-625.
c) Throughout the life of the project, the LNG tanker deliveries should be
scheduled during the off-peak hours associated with the container truck
refueling. The off-peak hours are expected to occur approximately twelve
hours per day, between 8:00 a.m. and 2:00 p.m. and between midnight and
6:00 a.m.
d) Sufficient off-street parking shall be provided on -site to meet the requirements
of the Palm Springs Municipal Code prior to project completion.
e) The applicant shall pay Traffic Uniform Mitigation Fees (TUMF) prior to the
issuance of building permits.
ENG 44. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
ENG 45. 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.
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 7/22/2010. 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
and NFPA standards. Four complete sets of plans for fire alarm and gas
monitoring systems must be submitted at time of the building plan submittal.
Conditions set forth are for both Phase 1 and Phase 2 of this project.
FID 3. Training Impact Fees: In order to ensure that the Palm Springs Fire
Department receives the proper training to mitigate emergency incidents at
this facility, the Applicant shall provide the fire department technical on site
training prior to fueling operations are to commence.
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
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March 9, 2011
FID 4. 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 5. 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. Plans
submitted meet this requirement.
FID 6. 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. 0
FID 7. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 8. 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 9. Turning radius (CFC 503.2.4): The required turning radius of a fire
apparatus access road shall be determined by the fire code official. Fire
access road turns and corners shall be designed with a minimum inner radius
of 25 feet and an outer radius of 43 feet. Radius must be concentric.
FID 10. 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
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 15 of 16
March 9, 2011
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 11. 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 12. 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.
FID 13. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational
fire hydrant(s) shall be installed within 250 feet of all combustible
construction. They shall be installed and made serviceable prior to and
during construction. No landscape planting, walls, or fencing is permitted
within 3 feet of fire hydrants, except ground cover plantings.
FID 14. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:20-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top I not more than 5 feet above
the floor.
FID 15. 2007 California Fire Code: Applicant shall adhere to the 2007 California Fire
Code for the design and maintenance of this facility. The following articles
shall be adhered to:
• Chapter 22 — Motor Fuel and Dispensing Facilities
• Chapter 27 — Hazard Materials
• Chapter 30 — Compressed Gases
• Chapter 32 — Cryogenic Fluids
• Chapter 34 — Flammable and Combustible Liquids
FID 16. National Fire Protection Association Standards: The following nationally
recognized standards will be adhered to:
• NFPA 30 — Flammable and Combustible Liquids, 2008 Edition
NFPA 52 - Vehicular Fuel Systems Code, 2010 Edition
• Chapter 12 LNG Fueling Facilities
• Chapter 15 LNG Fire Protection
• Chapter 16 Installation Requirements for ASME Tanks for LNG
M A
Resolution No. 6184
Conditions of Approval
Case 5.1248 CUP LNG Fueling Facility at 670 Garnet Avenue
Page 16 of 16
March 9, 2011
• NFPA 55 — Compressed Gases and Cryogenic Fluids, 2010 Edition
• NFPA 59A — Standard for Storage and Handling of Liquefied Natural Gas
(LNG), 2009 Edition
• NFPA 400 — Hazardous Materials Code, 2010 Edition
• NFPA 704 placards are required for the compressed storage cylinders.
END OF CONDITIONS
001