HomeMy WebLinkAbout22694 RESOLUTION NO. 22694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), AND
APPROVING CASE 5,1177 PLANNED DEVELOPMENT
DISTRICT 348, FOR THE DEVELOPMENT OF A FUEL
STORAGE AND DISTRIBUTION TERMINAL FOR BP
WEST COAST PRODUCTS, LLC, ON AN APPROXIMATE
20 ACRE SITE LOCATED AT THE NORTHEAST CORNER
OF HALLECK ROAD AND 19T" AVENUE.
WHEREAS, BP West Coast Products, LLC, (the "Applicant") has filed an
application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning
Code, for the establishment and development of Planned Development District 348; and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider Case Number 5.1177, consisting of Planned Development
District 348, was given in accordance with applicable law, and
WHEREAS, on March 10, 2010, a public hearing on the application was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms
of the California Environmental Quality Act ("CEQA"), and a Draft Environmental Impact
Report (DEIR) was prepared for this project and was distributed for public review and
comment in accordance with CEQA; and
WHEREAS, a 45-day public review period for the Draft Environmental Impact
Report was established pursuant to State Law which, commenced in April 2009 and
ended on June 10, 2009; and
WHEREAS, a Final Environmental Impact Report (FEIR) has been prepared for
this project that incorporates comments and responses, along with pertinent revisions,
resulting from the public review of the Draft Environmental Impact Report; and
WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the meeting on the project, including but
not limited to the staff report, and all written and oral testimony presented; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case No. 5.1177, consisting of Planned Development District 348
was given in accordance with applicable law, and
Resolution No. 22694
Page 2
WHEREAS, on April 21, 2010, a public hearing on the application was held by
the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: A Final Environmental Impact Report (FEIR) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
Guidelines, The City Council found that with the incorporation of proposed
mitigation measures, potentially significant environmental impacts
resulting from this project will be reduced to a level of insignificance. The
City Council independently reviewed and considered the information
contained in the FEIR prior to its review of this project and the FOR
reflects the City Council's independent judgment and analysis.
Section 2: Pursuant to Section 94.03.00(E) and 94.02.00(B) of the Palm Springs
Zoning Code, the City Council makes the following findings:
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;
Pursuant to Section 92.17.2.01(6)(D) of the Zoning Code, petroleum and bulk fuel
storage above ground may be permitted subject to approval of a conditional use permit.
Furthermore, the proposed use at the site is in compliance with the zoning designation,
currently, most of the surrounding land uses in the immediate vicinity of the site are
energy and manufacturing related; therefore a fuel storage and distribution facility is a
proper use at the location.
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;
Upon its completion, the proposed fuel storage terminal will be the major fuel
distribution hub for the Palm Springs, the Inland Empire and the Coachella Valley areas.
The proposed use is necessary and desirable not only in terms of economic growth, but
also because of reduced fuel delivery trips from the Los Angeles region to the Coachella
Valley. The environment could benefit from the proposed location of the fuel terminal
through reduced vehicle trips and emissions. The proposed use will provide short-term
construction and stimulate additional future development in the community and the
region once the terminal is in operation. A fuel storage and distribution terminal will not
be detrimental to existing or future surrounding uses in the zone because the use is a
Resolution No, 22694
Page 3 energy related
permitted one in the zoning designation, and will complement existing prepared
and manufacturing uses within the zone. An environmental the implementation olf deteysis rmined ed mitigation
it
for the proposed use concluded thaacivetrse effect on existing uses.
measures, the use will not have any shape to accommodate
n size
nd
C. That the site for the intended s, setbacks,adequate
wall or fences, as landscaping and other
such use, including y permitted future
features required in order to adjust such use to those existing or p
uses of land in the neighborhood;
approximately currently vacant. e site is
20-acreland that is
southwesterly with elevations ranging hfrom 762
The subject site ge slopes moving
relatively flat with g rowing community
to 790 feet above mean sea level. Currently, the area and
and low immediate surroun mgs
are undeveloped; the site is covered mostly by p
vegetations. The size of the property is adequate to accommodate the storage and
required yard
distribution facility including1pe standardsgwille include adequateaandscapinndards gu�re G within the
zone. These develop lied height of the tanks varies from 35 feet to
setbacks and security fencing. The pro p
45 feet maximum, these exceeds the maximum height of 30 feet allowed in the zo
ch exceed permitted
Pursuant to Section 93.04.00.C•2 of the uire zoning
of Sections g3 03.00ures 1 and 93 04 00 f hich
heights shall be subject to the req foot of horizontal setback for each one ( )
ot Of
requires a minimum setback of one (1) lines
vertical rise of the nuadditanal 15 feet f horizontal al setback areas from all prpertyli E
zone, will require a
eet from the
for this project. As proposed, the tanks will be setback a rom e propertyimum o line tof 720 theeast and
propet f
erty line to the west; approximately
1,250 line he north These proposed setbacks are
de
approximately 440 feet from the property provisions of the zoning
well in excess of the required setbacks based on the
Finally, there are no residential developments of any kind abutting the subject site Properly
ays
d, That the site for the proposed use relates to
and equanttyhlof wraffi to be
designed and improved o carry the type
generated by the prop
The project description includes the improvement of 19th Avenue from Halleck Avenue
line of the existing
ay traffic with the installation of curb,
to the current end of the pavement located near the west property utter to a
power plant. The street wilb side aved for
ttwo-)he et and paving from the g
gutter, and sidewalk on project ortion of Halleck Road
distance of 18 feet past the centerline of the street. Also a P portion of Halleck is
adjacent to the project site will also be paved. However, only a
proposed to be paved for two way traffic. The new streets will be designed and
per day for fuel tanker trucks; with this in mind, the
approximately 133 round trips p
constructed according t the City,s standards. The facility is expected to han e
project will be sufficient to
proposed road improvemenusanassociated raffic that will
ebe produced by the storage and
accommodate the type and quantity
distribution center.
Resolution No. 22694
Page 4
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.
In addition to the conditions imposed on the project by Planning, Fire and Public
Works/Engineering Departments, the environmental mitigation measures from the Final
Environmental Impact Report will be adequate to protect the public health, safety and
general welfare. Furthermore, the project is designed such that public health, safety and
general welfare will not be compromised.
Section 3: The City Council certifies the Final Environmental Impact Report (FEIR)
for Case No. 5.1177-PD 348, making associated Findings and directs staff
to file the associated Notice of Determination (NOD).
Section 4: The City Council approves Case Number 5.1177 and Planned
Development District No. 348 subject to the Conditions of Approval
attached hereto as Exhibit A, attached to the City Council Staff Report
dated April 21, 2010, and included herein be reference.
ADOPTED THIS 215T DAY OF APRIL, 2010.
David H. Ready onager
ATTEST:
ames Thompson, City Clerk
Resolution No. 22694
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22694 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 21st day of April, 2010, by
the following vote:
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Hutcheson,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
ABSTAIN: None.
es Thompson, City Clerk // -1 f � p
ity of Palm Springs, California
Resolution No. 22694
Page 6
EXHIBIT A
Case No. 5.1177-PD 348
BP Fuel Storage & Distribution Center
Northeast corner of Halleck Road & 191h Avenue
April 21, 2010
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning 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 No.
5.1177-PD 348, 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 3.10.10, including site
plans, architectural elevations, exterior materials and colors, landscaping, and
grading on file in the Planning Department.
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
officers concerning Case No. 5.1177-PD 348 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
Resolution No. 22694
Page 7
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, walls, 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 the Planned Development District (PDD)
shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
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 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. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be computed
pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to
be dedicated by the fair market value of the land being developed plus the
Resolution No. 22694
Page 8
cost to acquire and improve the property plus the fair share contribution, less
any credit given by the City, as may be reasonably determined by the City
based upon the formula contained in Ordinance No. 1632. In accordance
with the Ordinance, the following areas or features shall not be eligible for
private park credit: golf courses, yards, court areas, setbacks, development
edges, slopes in hillside areas (unless the area includes a public trail)
landscaped development entries, meandering streams, land held as open
space for wildlife habitat, flood retention facilities and circulation
improvements such as bicycle, hiking and equestrian trails (unless such
systems are directly linked to the City's community-wide system and shown
on the City's master plan).
ADM 11. Comply with CitV Noise Ordinance. 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.
ADM 12. The applicant shall be required to submit a separate application for review
and approval by the Director of Planning Services for the two additional fuel
storage tanks in the future.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multi pie-Species Habitat Conservation Plan CVMSHCP
Local Development Permit Fee LDMF re uired. All projects within the City
of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. Notice of Determination. An administrative fee of $64 shall be submitted by
the applicant in the form of a money order or a cashier's check payable to the
Riverside County Clerk within two business days of the City Council final
action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Determination. Action on this application shall not be
considered final until such fee is paid (projects that are Categorically Exempt
from CEQA).
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee of $2,010.25 as defined in Section 711.4 of the
California Fish and Game Code. This CFG impact fee plus an administrative
fee of $64.00 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.
Resolution No. 22694
Page 9
ENV 4. Mitigation Measures & Monitoring. All the mitigation measures contained in
the environmental impact report (EIR) shall apply to this project. The applicant
shall submit a signed agreement that the mitigation measures outlined as part
of the EIR will be included in the plans prior to grading permit.
ENV 5. Cultural Resource Survey Re uired. 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. (check for duplication in
engineering conditions)
ENV 7. 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 Cal
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
PLN 1. Conditions Imposed for AAC Review. Prior to issuance of building permits for
the project, the applicant submit for review by the AAC and final action by the
Director of Planning Services, the following items:
• Final design of the administrative building roof;
• Color of canopies over pipe racks to match final (aged) color of cor-ten
steel roof of administrative building;
• Enhancement of landscape plans with additional plantings; and
• South property line block wall to be revised to provide street views of
administrative building.
Resolution No. 22694
Page 10
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. The applicant shall submit a landscape and irrigation plan to
the Desert Water Agency (DWA) for review and approval prior to submittal to
the Planning Department for review and issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Refer to Chapter
8.60 of the Municipal Code for specific requirements.
PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be
submitted in accordance with Section 94.03.00 (Planned Development
District) of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape
plans, irrigation plans, exterior lighting plans, sign program, mitigation
monitoring program, site cross sections, property development standards and
other such documents as required by the Planning Commission and Planning
Department. Final Planned Development District applications must be
submitted within two (2) years of the City Council approval of the preliminary
planned development district.
PLN 4. Conditions Imposed for AAC Review. Prior to issuance of building permits for
the project, the applicant submit for review by the AAC and final action by the
Director of Planning Services, the following items:
• Final design of the administrative building roof;
• Color of canopies over pipe racks to match final (aged) color of cor-ten
steel roof of administrative building;
• Enhancement of landscape plans with additional plantings; and
• South property line block wall to be revised to provide street views of
administrative building.
PLN 5. Sign Applications Required. 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.
PLN 6. 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. Bright white should be avoided where
possible."
Resolution No. 22694
Page 11
PLN 7, 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 8. 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 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. Transportation Demand Re_auirement. The project shall comply with the City
of Palm Springs Transportation Demand Management (TDM) Ordinance
which establishes transportation demand management requirements for the
City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific
requirements (projects with 100 or more employees)
POLICE DEPARTMENT CONDITIONS
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.
MISSION SPRINGS WATER DISTRICT
MSWD 1. Please see the attachment to the conditions of approval document
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. Construct a sidewalk behind the curb across the entire 19t" Avenue frontage,
extending from Halleck Road to that certain parcel identified by Assessor's
Parcel No. (APN) 666-320-009, in accordance with City of Palm Springs
Standard Drawing No. 210, and having a width equal to sidewalks found in the
vicinity along the north side of 19t" Avenue.
Resolution No. 22694
Page 12
ENG 2. The applicant shall obtain State permits and approval of plans for all work done
within the Interstate 10 right-of-way. A copy of an approved Caltrans
encroachment permit shall be provided to the City Engineer prior to the issuance
of any permits related to the fuel pipeline installation.
ENG 3. The applicant shall obtain a United Pacific Railroad (UPRR) right-of-way entry
permit or Railroad Agreement for all work done within UPRR right-of-way. A
copy of an approved UPRR right-of-way entry permit or Railroad Agreement shall
be provided to the City Engineer prior to the issuance of any permits related to
the fuel pipeline installation.
ENG 4. The applicant shall obtain all necessary approvals (Encroachment Permit and/or
Cooperative Agreement) from the Riverside County Flood Control and Water
Conservation District (RCFC) for all construction required within the RCFC
properties identified by Assessor's Parcel Number (APN) 666-320-020, 668-400-
011, or 668-411-008. A copy of RCFC required approvals shall be provided to
the City Engineer prior to the issuance of any permit related to the fuel pipeline
installation.
ENG 5. The applicant shall provide the City Engineer with an executed agreement with
Kinder Morgan Energy Partners (KMEP) for connection of the proposed off-site
16 inch fuel pipeline to the KMEP 20 inch fuel pipeline. A copy of the executed
agreement shall be provided to the City Engineer prior to the issuance of any
permit related to the fuel pipeline installation.
ENG 6. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 7. The public street improvements outlined in these conditions of approval are
intended to convey to the applicant an accurate scope of required improvements,
however, the City Engineer reserves the right to require additional improvements
as may be determined in the course of the review and approval of street
improvement plans.
ENG 8. Costs associated with off-site street improvements may be reimbursed, pursuant
to a Reimbursement Agreement approved by the City Council, in accordance
with the policies established by Resolution 13487, and amended by Resolution
16031. Following completion and acceptance of off-site street improvements by
the City Engineer, if reimbursement is requested in writing by the applicant, the
applicant shall submit a formal request for preparation of a Reimbursement
Agreement and a $5,000 deposit for City staff time associated with the
preparation of the Sewer Reimbursement Agreement, including City Attorney
fees. The applicant shall be responsible for payment of all associated staff time
and expenses necessary in the preparation and processing of the
Reimbursement Agreement with the City Council, and shall submit additional
Resolution No. 22694
Page 13
deposits as necessary when requested by the City, which are included in the
amount that may be reimbursed to the applicant through the Reimbursement
Agreement. The Reimbursement Agreement is subject to the City Council's
review and approval at a Public Hearing, and its approval is not guaranteed nor
implied by this condition.
19TH AVENUE
ENG 9. Dedicate the ultimate half street right-of-way width of 44 feet along the entire
project frontage, together with a property line - comer cut back at the northeast
corner of the intersection of 19th Avenue and Halleck Road, in accordance with
City of Palm Springs Standard Drawing No. 105.
ENG 10. The applicant shall acquire off-site public street right-of-way width of 44 feet for
the north half of 19th Avenue adjacent to that certain parcel identified by
Assessor's Parcel No. (APN) 666-320-009.
ENG 11. The applicant shall acquire off-site public street right-of-way width of 15 feet for a
portion of the south half of 19th Avenue adjacent to that parcel identified by
Assessor's Parcel No. 666-330-001. Additional right-of-way shall be acquired in
the event cut or fill slopes to construct the new street improvements extend
beyond 15 feet.
ENG 12. Construct an 8 inch curb and gutter located 32 feet north of centerline extending
from Halleck Road across the entire project frontage and that certain parcel
identified by Assessor's Parcel No. (APN) 666-320-009, with a 35 feet radius
curb return and spandrel at the northwest and northeast corners of the
intersection of 19th Avenue and Halleck Road, in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
ENG 13. Construct the an 8 feet wide cross gutter across the north side of the intersection
of 19th Avenue and Halleck Road with a flow line parallel with and located 32
feet north of the centerline of 19th Avenue in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
ENG 14. Construct a 30 feet wide and a 24 feet wide driveway approach in accordance
with City of Palm Springs Standard Drawing No. 205. The centerlines of the
driveway approaches shall be located approximately 45 feet and 165 feet
(respectively) west of the east property line of the project site. The 30 feet wide
driveway shall have one northbound lane for ingress only. The 24 feet wide
driveway shall have one northbound ingress lane and one southbound shared
left turn and right turn lane.
ENG 15. Construct a sidewalk behind the curb across the entire 19th Avenue frontage,
extending from Halleck Road to that certain parcel identified by Assessor's
Parcel No. (APN) 666-320-009, in accordance with City of Palm Springs
Resolution No. 22694
Page 14
Standard Drawing No. 210, and having a width equal to sidewalks found in the
vicinity along the north side of 19th Avenue.
ENG 16, Construct Type A curb ramps meeting current California State Accessibility
standards on either side of the two proposed driveway approaches in accordance
with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure
that an appropriate path of travel, meeting ADA guidelines, is provided across the
driveways, 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 17. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northeast corner of the intersection of 19th Avenue and Halleck
Road, in accordance with City of Palm Springs Standard Drawing No. 212.
ENG 18. 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, from edge of
proposed gutter located 30 feet north of centerline to a redwood header located
12 feet south of the centerline, extending from Halleck Road across the entire
project frontage and that certain parcel identified by Assessor's Parcel No. (APN)
666-320-009 in accordance with City of Palm Springs Standard Drawing No. 110
and 330. 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 19. Install a redwood header along the new edge of pavement located 12 feet south
of the centerline of 19th Avenue, as required by the City Engineer.
ENG 20. Remove the existing end of road sign, traffic markers and barricade and install
new end of road signs, traffic markers and barricade at the west side of Halleck
Road, as required by the City Engineer.
HALLECK ROAD
ENG 21. Dedicate the ultimate half street right-of-way width of 30 feet along the entire
project frontage, together with a property line - corner cut back at the northeast
corner of the intersection of Halleck Road and 19th Avenue, in accordance with
City of Palm Springs Standard Drawing No. 105.
ENG 22. Construct a 6 inch curb and gutter located 20 feet east of centerline along the
entire project frontage extending to the north property line with a 35 feet radius
curb return and spandrel at the northeast corner of the intersection of Halleck
Road and 19th Avenue, in accordance with City of Palm Springs Standard
Drawing No. 200 and 206.
Resolution No. 22694
Page 15
ENG 23. Construct a 6 inch curb and gutter located 20 feet west of centerline from 19th
Avenue extending 400 feet north with a 35 feet radius curb return and spandrel at
the northwest corner of the intersection of Halleck Road and 19th Avenue, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 24. Construct a 30 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the driveway approach
shall be located approximately 315 feet north of the centerline of 19th Avenue.
The driveway approach shall have one shared left turn and right turn lane for
egress only.
ENG 25. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the proposed driveway approach in accordance with
City of Palm Springs Standard Drawing No. 212. 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 and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on-site to construct a path of travel meeting ADA guidelines.
ENG 26. Construct a 5 feet wide sidewalk behind the curb along the entire project frontage
extending to the north property line, in accordance with City of Palm Springs
Standard Drawing No. 210.
ENG 27. Construct 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, full width extending from proposed
west edge of gutter located 18 feet west of centerline to proposed east edge of
gutter located 18 feet east of centerline, from 19th Avenue extending 400 feet
north, in accordance with City of Palm Springs Standard Drawing No. 110 and
310. 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 28. Construct 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, extending from a redwood header
located 12 feet west of centerline to the proposed east edge of gutter located 18
feet east of centerline, from 400 feet north of 19th Avenue extending to the north
property line, in accordance with City of Palm Springs Standard Drawing No. 110
and 310. 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.
Resolution No. 22694
Page 16
ENG 29. Construct a temporary cul-de-sac at the north end of Halleck Road, as approved
by the City Engineer and Fire Marshall. The cul-de-sac shall be constructed 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.
ENG 30. Install a redwood header along the new edge of pavement located 12 feet west
of centerline of Halleck Road, as required by the City Engineer.
ENG 31. Install new end of road signs, traffic markers and barricade at the north end of
Halleck Road, as required by the City Engineer.
KAREN AVENUE
ENG 32. The applicant shall acquire off-site public street right-of-way width of 30 feet for
the east half of Karen Avenue adjacent to that parcel identified by Assessor's
Parcel No. 666-330-001, extending from 19th Avenue to 20th Avenue.
EMERGENCY VEHICLE ACCESS ROAD
ENG 33. Construct a secondary emergency vehicle access road extending in 19th Avenue
from Karen Avenue to Halleck Road, and extending in Karen Avenue from 19th
Avenue to 20th Avenue, as required by the City Engineer and Fire Marshall. The
secondary emergency vehicle access road shall be designed and constructed at
a minimum width of 24 feet, have approved all-weather surfacing sufficient to
support an emergency vehicle weighing 73,000 pounds gross vehicle weight, and
as required in accordance with Section 902.2.2.2 of the California Fire Code.
The secondary emergency vehicle access road shall be constructed within
existing or new public rights-of-way to be acquired as identified in these
conditions of approval.
OFF-SITE PIPELINE INSTALLATION
ENG 34. The alignment of the off-site fuel pipeline extending from south of Interstate 10 to
the project site is subject to the review and approval by the City Engineer. The
alignment shall be located within existing and new public rights-of-way to be
acquired as identified in these conditions of approval and shall facilitate
installation of other public utilities necessary for the future development of
adjacent vacant properties. The applicant shall be required to obtain approvals
by utility companies (MSWD, SCE, So Cal Gas, etc.) for the alignment and depth
of the off-site fuel pipeline to ensure future utility service to the adjacent vacant
properties is reasonably maintained.
ENG 35. Construction of the off-site fuel pipeline located within private properties will
require approval by the property owners, as evidenced by an executed
Resolution No. 22694
Page 17
agreement, recorded easement, or other legally recognized approvals, subject to
the review and approval by the City Engineer and/or the City Attorney. A copy of
all necessary approvals shall be provided to the City Engineer prior to the
issuance of any permit related to the fuel pipeline installation.
ENG 36. Construction of the off-site fuel pipeline located within existing and new public
rights-of-way to be acquired as identified in these conditions of approval will
require an Encroachment License approved by the City Council, which shall be
approved prior to issuance of any permit related to the fuel pipeline installation.
ENG 37. As a condition of any Encroachment License granted to the applicant for the
private underground utilities to be installed in 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.
ON-SITE
ENG 38. The minimum pavement section for all on-site pavement shall be 2'Y2 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 39. The gated access points are subject to review and approval by the City Engineer
and Fire Marshall. The applicant shall provide an exhibit showing truck turning
movements around the entry, demonstrating the ability of standard size vehicles
to maneuver through the entry (without reversing) if unable to enter the project.
A minimum of 50 feet shall be provided between the back of sidewalk on the
adjacent street and the gated entry directory/control panel, with an approved
maneuvering area provided between the directory/control panel and the entry
gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless
otherwise approved by the Fire Marshall. An Opticom or Tomar system (or
approved equal) for automatic operation by emergency vehicles, with
uninterrupted power supply (battery back-up), shall be installed for the gated
access points, meeting the approval of the Fire Marshall.
SANITARY SEWER
ENG 40. Construct a private sanitary sewer system in accordance with City of Palm
Springs Ordinance No. 1084. The record property owner shall enter into a
covenant agreeing to connect to the public sewer system within one year of
official notice that an operating public sewer has been completed within 500 feet
of the property. The covenant shall be executed and notarized by the property
owner and submitted to the City Engineer prior to issuance of a grading pen-nit. A
current title report or a copy of a current tax bill and a copy of a vesting grant
Resolution No. 22694
Page 18
deed shall be provided to verify current property ownership. A covenant
preparation fee in effect at the time that the covenant is submitted shall be paid
by the applicant prior to issuance of any grading or building permits.
ENG 41. The applicant should contact the Riverside County Health Department and the
Colorado River Basin Regional Water Quality Control Board (RWQCB) for
requirements related to the construction of private septic systems for commercial
uses.
ENG 42. 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
and determine what requirements MSWD may have for provisions of domestic
water and/or sanitary sewer service to the property.
ENG 43. If required by Mission Springs Water District (MSWD), submit public sewer
improvement plans prepared by a California registered civil engineer to Mission
Springs Water District (MSWD) for review and approval. The plans shall be
approved by MSWD prior to issuance of any building permits.
ENG 44. If required by Mission Springs Water District (MSWD), construct public sewer
lines for future operation and maintenance by MSWD along the entire frontage of
the project site, or as may be required by MSWD.
GRADING
ENG 45. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit. 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 www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
Resolution No. 22694
Page 19
submitted to and approved by the Engineering Division prior to approval of the
Precise Grading and Paving plan.
a) The first submittal of the Precise Grading and Paving 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 project-specific Water Quality
Management Plan.
ENG 46. Prior to approval of a Grading Plan or 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.
ENG 47. 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 grading
operations.
ENG 48. 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 49. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 50. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 51. Notice of Intent 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
Resolution No. 22694
Page 20
a Waste Discharge Identification (WDID) number shall be provided to the City
Engineer prior to issuance of a grading or building permit.
ENG 52. Projects causing soil disturbance of one acre or more, must comply with either
the General Permit for Stormwater Discharges Associated with Construction
Activity or the General Permit for Stormwater Discharges Associated with
Construction Activity from Small Linear Underground/Overhead Projects, and
shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP).
The project applicant shall cause the approved final project-specific WQMP 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 53. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
ENG 54. 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 Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
ENG 55. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Sails 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. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 56. 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).
ENG 57. In accordance with the Final Environmental Impact Report (SCH. No.
2008011036) dated October 2009, the applicant shall comply with Mitigation
Resolution No. 22694
Page 21
Measure (MM) Bio 1 relating to burrowing owls. A report certified by an
Acceptable Biologist shall be submitted to the City Engineer certifying
compliance with MM Bio 1 prior to approval of any grading plans or issuance of
any permits.
ENG 58. In accordance with the Final Environmental Impact Report (SCH. No.
2008011036) dated October 2009, the applicant shall comply with Mitigation
Measure (MM) Bio 2 relating to desert tortoise. A report certified by an
Acceptable Biologist shall be submitted to the City Engineer certifying
compliance with MM Bio 2 prior to approval of any grading plans or issuance of
any permits.
ENG 59. In accordance with the Final Environmental Impact Report (SCH. No.
2008011036) dated October 2009, the applicant shall comply with Mitigation
Measure (MM) Bio 3 relating to native and migratory bird species. A report
certified by an Acceptable Biologist shall be submitted to the City Engineer
certifying compliance with MM Bio 3 prior to approval of any grading plans or
issuance of any permits.
ENG 60. In accordance with the Final Environmental Impact Report (SCH. No.
2008011036) dated October 2009, the applicant shall comply with Mitigation
Measure (MM) Cultural 1 relating to paleontological resources. The applicant
shall be required to provide an acceptable paleontological monitor to conduct
periodic monitoring during site grading or earthmoving activities at a depth of 10-
feet or greater within the project site and at a depth of 5 feet or greater along the
alignment of the off-site fuel pipeline. Continuous monitoring shall be provided
as may be determined by the paleontological monitor. A report certified by an
acceptable paleontological monitor shall be submitted to the City Engineer
certifying compliance with MM Cultural 1 prior to issuance of any permits.
ENG 61. In accordance with the Final Environmental Impact Report (SCH. No.
2008011036) dated October 2009, the applicant shall comply with Mitigation
Measure (MM) Cultural 2 relating to historical resources. The applicant shall be
required to have a field level survey for historical resources completed along that
portion of the proposed off-site waterline alignment along Halleck Road between
Blair Road and 18th Avenue prior to any ground disturbance within that area. If
the alternative proposed off-site waterline alignment within Halleck Road is to be
constructed, an historical resources study shall be submitted to the City Engineer
certifying compliance with MM Cultural 2 prior to issuance of any permits related
to the off-site waterline. The applicant shall be required to comply with any
additional mitigation measures identified in the historical resources study.
WATER QUALITY MANAGEMENT PLAN
ENG 62. 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
Resolution No. 22694
Page 22
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 Precise Grading and Paving Plan.
ENG 63. 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 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 64. Prior to issuance of certificate of occupancy or final City approvals, the applicant
shall: (a) demonstrate that all structural BMP's have been constructed and
installed in conformance with approved 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 number
of copies of the approved Final Project-Specific WQMP are available for the
future owners (where applicable).
ENG 65. For industrial facilities subject to the General Permit for Stormwater Discharges
Associated with Industrial Activity as defined by Standard Industrial Classification
(SIC) code, prior to issuance of certificate of occupancy, 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.
DRAINAGE
ENG 66. 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, as described in the Preliminary
Hydrology Study for Project Cherry prepared by Albert A. Webb Associates
(dated November, 2008), and to determine required stormwater runoff mitigation
measures for the proposed development. Final sizing of the on-site retention
basins, on-site storm drain lines, catch basins, and other specifications for
Resolution No. 22694
Page 23
construction of required on-site storm drainage improvements shall be finalized in
the final hydrology study for this project and approved by the City Engineer.
Redesign or changes to site configuration or layout consistent with the findings of
the final hydrology study may be necessary upon review and approval of the final
hydrology study.
ENG 67. The eight petroleum storage tank containment areas shall be surrounded by
berms as described in the Preliminary Hydrology Study for Project Cherry (dated
November, 2008)' a minimum 12 inch thick soil layer within the storage tank
containment areas and adjacent berms shall be treated with a bentonite mixture,
with shotcrete applied on the surface to prevent infiltration of contaminated runoff
into the ground (or installation of a ClayMax liner or approved equal impervious
membrane). In accordance with the Oil Pollution Prevention Regulations 40
Code of Federal Regulations (CFR) 112.7 and 112.8, drainage from the storage
tank containment areas shall be restricted by valves. Drainage from within the
storage tank containment areas shall be removed by evaporation, and shall not
be released downstream except in cases of significant emergency as may be
authorized in the project's Spill Prevention Control and Countermeasure (SPCC)
Plan. A copy of the SPCC shall be furnished to the City Engineer prior to
issuance of building permits.
ENG 68. Construct on-site private storm drain improvements for drainage of on-site areas
to the on-site retention basins. Direct release of on-site nuisance water or
stormwater runoff shall not be permitted to 19th Avenue or Halleck Road.
ENG 69. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, will be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on-site, and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of the City
Engineer, including provisions in Covenants, Conditions, and Restrictions
(CC&R's) required for the development (if any).
GENERAL
ENG 70. 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
Resolution No. 22694
Page 24
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
ENG 71. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work or fuel pipeline work requiring trenching)
associated with this project, the applicant shall be responsible for coordinating
the scheduled construction with the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site
has previously been waived from any requirements for Tribal monitoring, it is the
applicant's responsibility to notify the Tribal Historic Preservation Officer or the
Tribal Archaeologist at (760) 699-6800, for any subsequent phases or elements
of construction that might require Tribal monitoring. If required, it is the
responsibility of the applicant to coordinate scheduling of Tribal monitors during
construction, and to arrange payment of any required fees associated with Tribal
monitoring. Tribal monitoring requirements may extend to off-site construction
performed by utility companies on behalf of the applicant (e.g. utility line
extensions in off-site streets), which shall be the responsibility of the applicant to
coordinate and arrange payment of any required fees for the utility companies.
ENG 72. All proposed utility lines shall be installed underground.
ENG 73. 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 74. 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 75. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
Resolution No. 22694
Page 25
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
ENG 76. 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 77. 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 78. The applicant shall contact Mission Springs Water District at (760) 329-6448 to
determine the requirements for extending water service to the project site. The
applicant may be responsible for the design and construction of off-site water line
improvements OR payment of applicable fair-share costs of off-site water line
improvements constructed by others.
ENG 79. 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.
MAP
ENG 80. The existing parcels identified by Assessor's Parcel Number (APN) 666-320-006
and 666-320-008 shall be merged, or otherwise, a Lot Line Adjustment shall be
perfected to relocate the property line common to the two parcels to comply with
applicable planning and building codes related to the setback of any structures to
the property line. An application for a Parcel Merger (or Lot Line Adjustment)
shall be submitted to the Engineering Division for review and approval. A copy of
a current title report and copies of record documents shall be submitted with the
application. The application shall be submitted to and approved by the City
Engineer prior to issuance of a building permit.
TRAFFIC
ENG 81. As determined by the Traffic Impact Study for the BP Palm Springs Logistics
Center (dated May, 2008) submitted by Albert A. Webb Associates, the following
mitigation measure(s) will be required:
a) Install a 30 inch stop sign, stop bar, and "STOP" legend for southbound traffic
at the intersection of Halleck Road and 19th Avenue in accordance with City
of Palm Springs Standard Drawing Nos. 620-625.
Resolution No. 22694
Page 26
b) Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of Halleck Road and the egress only driveway
on Halleck Road in accordance with City of Palm Springs Standard Drawing
Nos. 620-625.
c) Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of 19th Avenue and the full access western
driveway on 19th Avenue in accordance with City of Palm Springs Standard
Drawing Nos. 620-625.
d) Submit traffic striping plans for 19th Avenue and Halleck Road, prepared by a
California registered civil engineer, for review and approval 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 certificate of
occupancy.
e) Applicant shall make fair share payment of 5.74 % ($14,350.00), to the City of
Palm Springs, for the installation of a future traffic signal at the intersection of
Indian Canyon Drive and 19th Avenue. Payment shall be made prior to
issuance of a building permit.
ENG 82. Install appropriate signage on-site indicating that the eastern driveway on 19th
Avenue is for ingress only.
ENG 83. Install appropriate signage indicating that the Halleck Road driveway is for
egress only.
ENG 84. 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 85. 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 86. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
FIRE DEPARTMENT:
FID1. Impact Fees: The Applicant shall participate and contribute in any fee
program, assessment district, community facilities district, or any other public
financing that includes the Development as a part thereof as the City in its
Resolution No. 22094
Page 27
discretion may adopt or establish. This obligation shall be evidenced by a
covenant running with the land in a form approved by the City Attorney.
FID2. Training Impact Fees: The Applicant shall reimburse the fire department for the
costs to train up to eight city firefighters per fiscal year in petroleum firefighting
techniques. Reimbursement costs may include overtime, travel, lodging and
meals and replacement of PPE's if damaged during recognized training classes.
FID3. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points & fire
hydrants.
FID4. 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 5 — Fire Service Features
• Chapter 9 — Fire Protection Systems and Equipment
• Chapter 27 — Hazardous Materials
• Chapter 34— Flammable and Combustible Liquids
National Fire Protection Association Standards: The following nationally
recognized standards will be adhered to:
• NFPA 10 Portable Fire Extinguishers
• NFPA 11 Low, Medium, High Expansion Foam
• NFPA 13 Installation of Sprinkler Systems
• NFPA 14 Installation of Standpipe and Hose Systems
• NFPA 15 Standard for Water Spray Fixed Systems for Fire Protection
• NFPA 16 Installation of Foam-water Sprinkler& Foam-water Spray Systems
• NFPA 24 Installation of Private Fire Service Mains
• NFPA 30 Flammable And Combustible Liquids
• NFPA 72 National Fire Alarm
• NFPA 385 Tank Vehicles for Flammable and Combustible Liquids
• NFPA 750: Standard on Water Mist Fire Protection Systems
Resolution No. 22694
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American Petroleum Institute Standards: The following nationally recognized
standards will be adhered to:
• Spec 12P — Specifications for Fiberglass Reinforced Plastic Tanks
• Standard 650 - Welded Steel Tanks for Oil Storage
• Standard 651 — Cathodic Protection of Aboveground Petroleum Storage Tanks
• Standard 653 - Tank Inspection, Repair, Alteration, and Reconstruction
• API RP 752 — Mgt of Hazards Associated with Location of Process Plant
Buildings, CMA Managers Guide
• API RP 2350 — Overfill Protection of Storage Tanks in Petroleum Facilities
FID5. 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.
FIDE. 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.
FID7. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
• Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet, a greater width for private streets may be required by the City
engineer to address traffic engineering, parking, and other issues. The Palm
Springs Fire Department requirements for two-way private streets, is a
minimum width of 24 feet is required for this project, unless otherwise
allowed by the City engineer. No parking shall be allowed in either side of the
roadway.
2. Roads must be 30 feet wide when parking is not allowed on only one side of
the roadway.
FIDE. 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
Resolution No. 22694
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walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
FID9. Additional Access Required (CFC 503.1.2): The fire code official is authorized
to require more than one fire apparatus access road based on the potential for
impairment of a single road by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access. Two (2) separate access roads
shall be provided and maintained. Site plan currently shows the main access
from 19th street. A second fire department access road shall be required into this
property from the west.
FID10.Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet except for approved security gates in
accordance with Section 503.6 and an unobstructed vertical clearance of not less
than 13 feet 6 inches.
FID11.5urface (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.
FID12.Turning radius (CFC 503.2.4): 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.
FID13.Dead Ends (CFC 503.2.5): Dead-end fire apparatus roads in excess of 150
feet in length shall be provided with an approved area for turning around fire
apparatus. The City of Palm Springs has two approved turn around provisions.
One is a cul-de-sac with an outside turning radius of 43 feet from centerline. The
other is a hammerhead turnaround meeting the Palm Springs Public Works and
Engineering Department standard dated 9-4-02.
FID14.Fire Lane Marking (CFC 503.3): Approved signs or other approved
notices shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices shall be maintained in a clean
and legible condition at all times and be replaced or repaired when necessary to
provide adequate visibility.
FID15.Reduced Roadway Width CFC (503.3): Areas with reduced roadway width
(such as entry and exit gates, entry and exit approach roads, traffic calming
areas) that are under 36 feet wide require red painted curb to maintain minimum
24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE
LANE" with white paint.
FID16.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
Resolution No. 22694
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a minimum of 4" high for R-3 occupancies and 6" - 12" for all other occupancies
depending on distance from street with a minimum stroke width of 0.5".
FID17.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. The key box
shall be of an approved type and shall contain keys to gain necessary access as
required by the fire code official.
FID18.Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is required
and shall include underground private fire main for fire sprinkler riser(s), public fire
hydrant(s), Double Check Detector Assembly, Fire Department Connection and
associated valves.
FID19.Water Systems and Hydrants (CFC 508.1, 508.2, 508.4, 901.5 &
1412.1):Underground private fire service mains and fire hydrants shall be installed,
completed, tested and in service prior to the time when combustible materials are
delivered to the construction site. (903 CFC) Installation, testing, and inspection will
meet the requirements of NFPA 24, 2002 Edition. Prior to final approval of the
installation, contractor shall submit a completed Contractors Material & Test Certificate
for Underground Piping to the Fire Department. (10.10 NFPA 24, 2002 Edition).
FID20.Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM with the installation of fire
sprinklers based on Appendix B of the 2007 CFC.
FID21.Fire Flow (CFC 508.3): Fire flow requirements for the bulk storage tanks are
estimated to be 5,200 GPM at a minimum pressure of 20 PSIG for a duration
of approximately 4 hours. This water flow demand is in conjunction with the
installed foam system and fixed 1,000 GPM monitors.
FID22.Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire
hydrants shall be provided in accordance with CFC Appendix B, Fire Flow
Requirements for Buildings, for the protection of buildings, or portions of
buildings, hereafter constructed. The required fire hydrant flow for this project is
5,200 gallons per minute (CFC Appendix B). Mission Springs Water Districts 12"
water main to the property meets the fire flow demand. (CFC Appendix C)
FID23.Required On Site Water Storage: An on site 840,000 gallon water
storage tank is required. The location of the project in relation to the San Andreas
Fault demands a redundancy in water availability in the event of an earthquake.
FID24.Diesel Powered Fire Pump Required: An approved diesel powered fire pump
with a rated 5,200 GPM meeting NFPA requirements is required to be
installed at this site.
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FID25.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.
FID26.Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is
required and shall include underground private fire main for fire sprinkler riser(s),
public fire hydrant(s), Double Check Detector Assembly, Fire Department
Connection and associated valves.
FID27.Water Systems and Hydrants (CFC 508.1, 508.2, 508.4, 901.5 & 1412.1):
Underground private fire service mains and fire hydrants shall be installed,
completed, tested and in service prior to the time when combustible
materials are delivered to the construction site. (903 CFC) Installation, testing,
and inspection will meet the requirements of NFPA 24, 2002 Edition. Prior to final
approval of the installation, contractor shall submit a completed Contractors
Material & Test Certificate for Underground Piping to the Fire Department. (10.10
NFPA 24, 2002 Edition).
FI D28.Identification (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID29.NFPA 13 Fire Sprinkler System is Required: An automatic fire sprinkler
system is required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA 13, 2002 Edition, except the seismic bracing and
restraints shall comply with NFPA 13, 2007 Edition using Cp of 0.74 and I/r Ratio
of 200. No portion of the fire sprinkler system shall be installed prior to plan
approval. Prior to final approval of the installation, contractor shall submit a
completed Contractors Material and Test Certificate for Aboveground Piping to
the Fire Department. (16.1 NFPA 13, 2002 Edition and 10.10 NFPA 24, 2002
Edition)
FID30.Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler flow
alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal)
shall be provided on the exterior of the building in an approved location. An
approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115- WH-
VFR with WBB back box or equal) to alert the occupants shall be provided in
the interior of the building in a normally occupied location.
FID31.Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling
the fire sprinkler system water supply, and all water-flow switches, shall be
Resolution No. 22694
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electrically monitored. All control valves shall be locked in the open position.
Valve and water-flow alarm and trouble signals shall be distinctly different and
shall be automatically transmitted to an approved central station.
FID32.Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and
certified Protective Signaling Service (Central Station Service) is required.
Provide the Fire Department with proof of listing and current certificate. The Fire
Department shall be notified immediately of change in service.
FID33.Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire
hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire
Hose must be protected from vehicular traffic and shall not cross roadways,
streets, railroad tracks or driveways or areas subject to flooding or hazardous
material or liquid releases.
FID34.Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department
connections shall be visible and accessible, have two 2.5 inch NST female inlets,
and have an approved check valve located as close to the FDC as possible. All
FDC's shall have KNOX locking protective caps. Contact the fire prevention
secretary at 760-323-8186 for a KNOX application form.
FID35.Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2007 Edition.
FID36.KMEP 16" Pipeline: All components of the 16" KMEP pipeline that includes the
design, plan approval, construction, inspection and final will be conducted by the
California State Fire Marshal's Pipeline Safety Division.
END OF CONDITIONS