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HomeMy WebLinkAboutPC Resolution _6241- Case 5.1268 CUP 6.525 Installation WECSRESOLUTION NO. 6241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND THEREBY APPROVING CONDITIONAL USE PERMIT APPLICATION CASE NUMBER 5.1268-CUP AND 6.525 VARIANCE REQUESTS TO EXCEED CITY HEIGHT LIMIT AND FOR REQUIRED SAFETY AND TRANSMISSION LINE SETBACK REDUCTION TO ALLOW THE INSTALLATION AND OPERATIONS OF TWO NEW WIND ENERGY CONVERSION SYSTEM (WECS) LOCATED NORTH OF 20T", SOUTH OF 19T" AVENUE, WEST OF MCLANE & EAST OF KAREN AVENUE, ZONE E-I, SECTION 15. WHEREAS, WKN Wagner, LLC, (Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for a Conditional Use Permit (CUP) and a variance request to allow the installation and operation of a 3 megawatt wind energy conversion systems (WECS); and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Nos. 5.1268—CUP and 6.522-VAR were given in accordance with applicable law; and WHEREAS, on November 22, 2011, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration (MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: SECTION 1: Conditional Use Permit. The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code requires the Planning Commission to make a number of findings for approval of the permit. Those findings are analyzed by staff in order below: a. That the use applied for at the location set forth in the application is properly one which a Conditional Use Permit is authorized by the Zoning Ordinance. • Planning Commission Resolution No. 6241 November 22. 2011 Case 5.1268— CUP & 6.525-VAR Page 2 of 5 The project site is located within the "E-I" (Energy Industrial) zone. Section 94.02.00(H)(8) of the Zoning Code regulates WECS. Per requirements of this Section, the approval of a conditional use permit application is required for a commercial WECS project. The site of the proposed project is appropriate and will be subject to the CUP review within the E-1 zone. b. That the said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. The proposed use is desirable in that it will generate additional power supply for the State of California via a renewable energy source (wind power). The proposed WECS facility is located within the Wind Energy Overlay zone, and is therefore compatible with permitted uses in the zoning designation. The project surrounding area is currently developed with WECS facility; this project will be an addition to the functional turbines in the immediate vicinity. Furthermore, the project is consistent with the following Land Use Element of the General Plan: "Wind Energy Conversion Systems (WECS) may be permitted in areas designated as Wind Energy Overlay" The proposed WECS facility will not be detrimental to existing or future uses specifically permitted in the area in which the proposed use is to be located. c. That the site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls, fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is adequate in size to accommodate the proposed WECS facility; also, the site is consistent with the requirements of the Energy Industrial zone. A variance application has been submitted to address lot line and transmission line setback requirements along the northern and eastern boundaries of the project site. With exception to the two setback requirements, all other setbacks are consistent with development standards required for WECS. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The subject site is accessed via 191h Avenue; this road connects to North Indian Canyon Drive and Interstate 10 Freeway. The proposed WECS facility is anticipated to generate minimal traffic; therefore it will not intensify uses on the site or in the area. The proposed project will require the installation of access roadways to the turbines. The access roadways will be used primarily during the construction phase, and for maintenance purposes throughout the lifespan of the wind farm. During construction, the access roadways will be at least 42 feet in width to accommodate deliveries and assembly -associated traffic. Construction vehicles will access the site from 191h Avenue Planning Commission Resolution No. 6241 November 22, 2011 Case 5.1268 — CUP & 6.525-VAR Page 3 of 5 and stage along the internal roadways for delivery of turbine materials and assembly of the units. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modification of the zone's property development standards, All proposed conditions of approval are necessary to ensure compliance with the Zoning Ordinance requirements and to ensure public health and safety. Adequate measures will be taken to make sure that the applicant complies with all the conditions of approval that addresses matters concerning public health, safety and general welfare. Furthermore, any future modifications to the site will be subject to review and approval of the Planning Commission. Variance: State law, as well as City of Palm Springs Zoning Code (Section 94.06.000.B), requires that the following four (4) findings be made for the granting of variance. Staff has analyzed the findings in order below: 9 Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Staff has difficulty identifying special circumstances related to the subject property to physically distinguish it from others in the vicinity and under the same zone, in a way that relates to the height and setbacks of the proposed wind machines and met tower. What is clear, however, is that the technology supporting wind energy conversion has advanced such that more power can be generated from fewer machines. As a result, current technology creates an expectation for a greater level of wind energy generation. The privilege to generate such power levels could be achieved with smaller machines, but only on a larger site. Except for the provision of height and setbacks variances, the site is too small for the current level of power generation that can reasonably be expected at this time. 2 Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. Based on the proposed size and location of the two machines, the height and setbacks appear to be the least modifications to the applicable zoning standards to provide for reasonable power generation under current technologies. Planning Commission Resolution No. 6241 Case 5.1268 — CUP & 6.525-VAR November 22, 2011 Page 4 of 5 3 The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. Granting of the variance of safety and lot line setback requirements would not be materially detrimental to the public health, safety, convenience, or welfare. The variance request for both proposed turbines is regarding the reduction of setbacks along the northern and eastern boundaries of the property as well as a reduction in setbacks from the Southern California Edison (SCE) overhead power line west of the site. Setbacks to all habitable structures are met, so no material detriment to public safety would result from the granting of the variance. 4 The granting of such variance will not adversely affect the general plan of the City. The General Plan designation of the subject property is "RBC" Regional Business Center with Wind Energy Overlay; wind energy project is a permitted use in this designation with the planning commission approval of a CUP. The project is proposed in an area that is primarily used for wind energy, the project does not create incompatible circumstances, and the project is in conformance with setbacks to the adjacent wind projects. Based on these circumstances there would be no adverse effect to the General Plan of the City. SECTION 2: Commencement of the Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. SECTION 3: NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby adopts the Mitigated Negative Declaration (MND), and approves Conditional Use Permit Case Number 5.1268-CUP for the installation and operation of two 3 megawatts turbine generators. Furthermore, the Commission hereby granted Variance application No. 6.525-VAR for the proposed project to allow the following: • Installation of two new 3 megawatts (MW) wind turbine generators at a maximum height of 410.1 feet • Installation of a 262.5 feet tall meteorological tower • A reduction of safety setback from Southern California Edison (SCE) transmission line west of the project site from the required setback of 512.5 feet to 426 feet. Planning Commission Resolution No. 6241 Case 5.1268— CUP & 6.525-VAR November 22, 2011 Page 5 of 5 -A reduction of lot line setback requirement from the adjacent property to the east of the project site; from the required setback of 512 feet; to 452 feet. The approvals are subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED this 22nd day of November 2011. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA AYES: 5, Conrad, Munger, Roberts, Klatchko and Chair Donenfeld NOES: None ABSENT: 1, Vice Chair Hudson ABSTAIN: None V�a *A.EICP Director of Planning Services O RESOLUTION NO. 6241 CONDITIONS OF APPROVAL Case No. 5.1268-CUP & 6.522-VAR North of 20th Ave., South of 19th Ave., West of McLane Street & East of Karen Avenue November 22, 2011 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS: PLANNING DEPARTMENT: PLN1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. PLN1a.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 5.1268 — CUP and 6.525-VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Planning Commission No. 6241 November 22, 2011 Case 5.1268-CUP& 6.525-VAR Page 2 of 12 PLN2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning Services, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 94.02.00 of the Zoning Code. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. PLN3. Commencement of the Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. PLN4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. PLN5. No storage facilities of any kind shall be permitted except as approved as a part of the proposed plan. PLN6. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. PLN7. The following restrictions shall apply to the occupancy and use of the property included under this permit: a. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property and public rights -of -way. b. No building or structure shall be closer than fifty (50) feet from any road right-of-way or lot line and no building or structure shall exceed thirty (30) feet in total height unless otherwise approved by the Planning Commission. C. No advertising sign or logo shall be placed or painted on any equipment. No more than one (1) unlighted advertising sign relating to the development shall be located on the project site. Prior to installation of any advertising signs, a sign permit shall be obtained from the Department of Planning and Zoning. d. The South Coast Air Quality Management District, 2002 Coachella Valley PM-10 State Implementation Plan (SIP) regulations shall be implemented with regard to the use of unpaved public and private roads within the properties used by WKN Wagner, LLC. The developer shall be Planning Commission No. 6241 November 22, 2011 Case 5.1268-CUP& 6.525-VAR Page 3 of 12 0 responsible for monitoring average daily traffic counts, and if the average daily traffic using unpaved public and private roads within the properties used by WKN Wagner, LLC, exceeds the SIP thresholds, the facility operator shall be responsible for bringing the use of those roads within compliance of the SIP regulations, including posting speed limit signage or installing other speed control measures, installing permanent dust stabilizers, or paving. e. The permittee may be required to submit periodic monitoring reports containing data on the operations and environmental impacts of this WECS facility permit including, but not limited to noise, hydrogen production, safety maintenance, and sightings of threatened or endangered species. Upon written notice from the City of Palm Springs requiring such a report, the permittee shall prepare and submit the required report within forty-five (45) calendar days. PLN8. PRIOR TO GRADING PERMIT, if applicable, and subject to the approval of the Director of Planning Services, the permittee shall obtain Wind Access Waivers from any affected adjoining properties. Modified by PC on 11.22.11 PLN9. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, the color of the turbine shall be off white, or desert tone color as approved by the City of Palm Springs 0 Planning Commission. PLN10. PRIOR TO FINAL BUII_IDING INSPECTION APPROVAL, all new transmission lines connecting all the turbine wind generators shall be undergrounded by an underground cable system. PLN11. PRIOR TO FINAL BUILDING INSPECTION APPROVAL of the wind energy conversion systems, and the storage facility, legible signs warning of electrical and other hazards shall be posted at the gated entry points to the project site at a height of three to five feet above the ground. PLN12. PRIOR TO FINAL BUILDING INSPECTION APPROVAL, a secure six (6) foot high fence, shall be erected around the wind turbine generators and meteorological tower and shall be maintained at all times during the life of this permit. The fence shall be subject to the approval of the Department of Planning Services. Final design and locations for fencing may be modified with approval by the Planning Department. Modified by PC on 11.22.11 PLN13. All the mitigation measures contained in the Mitigated Negative Declaration (MND) shall be applicable to this project. PLN14. Whenever any existing commercial WECS are modified, or any new commercial WECS are installed, any commercial WECS on the site which are unsafe, inoperable or abandoned or for which the permit has expired shall Planning Commission No. 6241 Case 5.1268-CUP& 6.525-VAR Page 4 of 12 November 22, 2011 be removed by the owner or brought into compliance with the provisions of Section 94.02.00(X)(A) of the Palm Springs Zoning Code. PLN15. All safety hazards created by the installation and operation of the WECS shall be eliminated. Whenever the operation of any WECS is eliminated, the site shall be restored to its condition prior to installation. A bond, in an amount approved by the director of planning services, or other appropriate form of security, in a form approved by the city attorney, may be required to cover the cost of removal and site restoration. PLN16. Every unsafe or inoperable commercial WECS and every commercial WECS which has not generated power for twelve (12) consecutive months is declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal. The appropriate abatement method shall be determined by the director of planning services based upon the cost of abatement and the degree to which the WECS will meet the requirements of this section following abatement. 9IN4 FID 1 These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan dated June 16, 2011. Additional requirements may be required at that time based on revisions to site plans. Fire Department Conditions were based on the 2010 California Fire Code. Four complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. FID 2 PLANS AND PERMITS When there are significant changes in occupancy, water supply, storage heights, type, and quantity of storage, storage configurations, Tenant Improvements or any other changes which may affect the fire sprinkler system design, the owner, tenant or contractor shall submit plans and secure permits. Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of four (4) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain two sets. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: M — TH, 8:00 AM —11:00 AM and 2:00 PM — 6:00 PM A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. The minimum fee is $ 208.00. These fees are established by Planning Commission No. 6241 November 22, 2011 Case 5.1268-CUP& 6.525-VAR Page 5 of 12 0 Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 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 Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. FID 5 Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with (Sections 503 CFC) FID 6 Turning radius (CFC 503.2.4): 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 7 Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points & fire hydrants. FID 8 Premises Identification (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 numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high for R-3 occupancies and 6" - 12" for all other M, EO Planning Commission No. 6241 November 22, 2011 Case 5.1266-CUP& 6.525-VAR Page 6 of 12 occupancies depending on distance from street with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. BUILDING 1. The applicant shall obtain permits for all construction involved with the site. ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City 0 Engineer prior to issuance of any building permits. ENG 3. The applicant or responsible party shall apply for an Encroachment License for installation of private underground utilities within the public right-of-way of 191h Avenue. The application for the Encroachment License shall be approved by the City Council prior to issuance of permits related to the utility lines. ENG 4. 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. 19TH AVENUE ENG 5. Dedicate a half street public right-of-way width of 44 feet along the entire frontage of the property (identified by Assessor's Parcel No. 666-330-001), together with a property line — corner cut back at the southeast corner of the intersection of 19th Avenue and Karen Avenue in accordance with City of Palm Springs Standard Drawing No. 105. Additional right-of-way as needed for a pavement taper from the existing end of pavement (on the north side of the centerline of 19th Avenue) to the proposed minimum 24 feet wide 19tb Avenue roadway on the south side of the centerline of 191t' Avenue, shall be dedicated in conjunction with this project. Planning Commission No. 6241 Case 5.1268-CUP& 6.525-VAR Page 7 of 12 November 22, 2011 ENG 6. Slope and/or construction easements shall be dedicated along the centerline of 19th Avenue as needed in conjunction with this project. ENG 7. Construct a minimum 20 feet wide 6 inch concrete driveway at the project entry, unless otherwise approved by the City Engineer, from the property line to the proposed edge of pavement. The access shall be gated and locked; and lock box key provided to the Fire Department for emergency access. ENG 8. Construction, use, and maintenance of the proposed off -site access roads shall comply with the Chapter 8.50 (Fugitive Dust Control) of the Palm Springs Municipal Code. ENG 9. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, for a minimum 24 feet wide travel way across the frontage of the property (within the dedicated right-of-way) to the project entry as required by the City Engineer. 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 10. Construct a turn -around area meeting the requirements of the Fire Marshall and City Engineer, at the project entry. ON -SITE ENG 11. The on -site internal access roads shall be a minimum of 20 feet wide and be accessible to fire apparatus weighing up to 73,000 pounds in accordance with the fire code. ENG 12. 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. GRADING ENG 13. 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 (including mitigation measures AQ-1, BIO-1 through BIO-7, CR-1 through CR-8, and T-1) shall be satisfied prior to issuance of a grading permit, or shall be satisfied during the course of construction, (as the L Planning Commission No. 6241 Case 5.1268-CUP& 6.525-VAR Page 8 of 12 November 22, 2011 case may be), as determined by the City Engineer upon recommendation by the environmental consultant. ENG 14. 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 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; and a copy of Soils Report. ENG 15. Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. _ ■ ., GOMMI perimeter fenGing shall be installed at the limits of grad .. disturbed areas. FenGing shall have sGreeRiRg that is tan in Geier; gFeep Planning Commission No. 6241 November 22, 2011 Case 5.1268-CUP& 6.525-VAR Page 9 of 12 0 grading eperatiGRs. Deleted by PC on 11.22.11 ENG 17. 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 18. 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 19. The nnnliGant shall submit a letter from the GalifGFnia department of Fish and V I./M�•��fy�l� v� Fish 6.a.�V Gnine a uthgFiZiRg nenetrUGtinn_ of the nrEient without an agreement_ Deleted by PC on 11.22.11 ENG 20. The applicant shall submit a copy of the Spill Prevention Control and Countermeasures Plan developed in accordance with the U.S. Code of Federal Regulations, Title 40, Part 112, prior to issuance of grading permit. ENG 21. 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 22. 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 23. Unless otherwise waived by the City Engineer, in accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. Modred by PC on 11.22.11 Planning Commission No. 6241 Case 5.1268-CUP& 6.525-VAR Page 10 of 12 November 22, 2011 ENG 24. 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 25. The applicant shall provide all necessary geotechnical/soils 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 Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. The City will not "final" the project until the required certification is provided to the City Engineer. ENG 26. All access roads shall be treated with a permanent soil stabilizer after completion of grading, and up to six inches of clean, washed gravel placed and thickness compacted onto the stabilized subgrade. ENG 27. in GOOpeFation with the Riyer-6ide County .. t .XU _ GalifeFRia DepaFtmeRt of Food and .. FiGUlt export of soil will be required to PFeS8Rt a GleaFaAGe doGument from a IDepar-tment of Feed and AgriGulture FepFeseRtatiye an the f9FFA of an approved "NGfifiGatien of intent To ,. QFaRge, •. and 696 Angelesi FOFM CA-!) PFieF449 approval of -the • a .PlaR. The GalifOFnia■ + Drive,paFtment of Food and ■ .. - ■ !Deleted 1 PC on DRAINAGE ENG 28. This project will be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre -treating contaminated stormwater runoff and non-stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater runoff and non- stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on -site; Planning Commission No. 6241 November 22, 2011 Case 5.1268-CUP& 6.525-VAR Page 11 of 12 0 and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer. GENERAL ENG 29. 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. 116. ENG 30. All proposed utility lines shall be installed underground. ENG 31. 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 32. 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 33. 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 34. 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 35. 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 isswanGe of Building PeFMi final inspection. Modified by PC on 11.22.11 TRAFFIC ENG 36. Submit traffic striping and signage plans for 19th Avenue prepared by a California registered civil engineer, for review and approval by the City Engineer. Parking shall be prohibited within the surface of 19th Avenue that is required to be paved in conjunction with this development. The proposed X NO Planning Commission No. 6241 Case 5.1268-CUP& 6.525-VAR Page 12 of 12 November 22, 2011 west end of pavement on 19th Avenue, shall have road barricades and road ends signs as required by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a "final" approval by the City. ENG 37. 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 38. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS K W- rol