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11-220 Resolution No. 11-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING A MITIGATED NEGATIVE DECLARATION AND 2010-202 PP TEXAS ROADHOUSE Whereas, on December 30, 2010 the applicant, Legendary Restaurants, filed a formal application with the City of Menifee for the construction of a 6,995 square foot sit- down restaurant. Whereas, on May 24, 2011, the City of Menifee Planning Commission considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and Whereas, on May 24, 2011, the City of Menifee Planning Commission made the following findings for 2010-202 PP Texas Roadhouse: 1. An Environmental Assessment was prepared for the proposed project. The Environmental Assessment determined that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration was prepared. 2. The project site is designated Community Development: Commercial Retail on the Sun City MenifeeNalley Area Plan. 3. The proposed project is consistent with the Specific Plan No. 248 Newport Hub. 4. The zoning for the subject site is Planning Area 1 of Specific Plan No. 248 Newport Hub. 5. The proposed restaurant is consistent with Planning Area 1 of Specific Plan No. 248 Newport Hub. 6. The proposed project is consistent with the development standards set forth in Planning Area 1 of Specific Plan No. 248 Newport Hub. 7. There is a reasonable probability that the project will be consistent with the future adopted general plan, including a housing element that is consistent with state housing element law. This property is within a Specific Plan and the land use is not anticipated to change. 8. There is little or no probability that the project will be detrimental to or interfere with the implementation of the future adopted general plan, including a housing element that is consistent with state housing element law. 9. The project proposes a restaurant, commercial uses and signage located on the northeast corner of Haun Road and Newport Road which is an existing commercial portion of the City. The project promotes the vision and values by focusing growth in an urban area. The project is not inconsistent with the vision and values of Menifee. 10. The public's health, safety and general welfare are protected through project design. 11. The project is clearly compatible with the present and future logical development of the area. 12. This project is not located within a Criteria Area of the Multi-Species Habitat Conservation Plan. NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. A Mitigated Negative Declaration is hereby approved and staff is authorized to file a Notice of Determination 3. The Planning Commission recommended approval of Resolution PC 11-078. 4. 2010-202 PP Texas Roadhouse is hereby approved subject to the Conditions of Approval Exhibit "A" to this Resolution and the Mitigation Measures contained in the Environmental Assessment. PASSED, APPROVED AND ADOPTED this the 7th::d�y-of June; 2011. Wallace W. Edgerton, Mayor Attest: Approved as to form: Kathy Bennett, City Clerk Karen Feld, City Attorney EXHIBIT "A" Conditions of Approval for Plot Plan No. 2010-202 TEXAS ROADHOUSE Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: NPDES and Water Quality Compliance Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Section VII: Riverside County Environmental Programs Department Conditions of Approval Rev 5-25-11 Conditions of Approval for Plot Plan No. 2010-202 1 of 42 Section I : Conditions Applicable to all Departments Conditions of Approval for Plot Plan No. 2010-202 2 of 42 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2010-202 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2010-202, Dated 2.24.11. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2010-202, Dated 2.24.11. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2010-202, Dated 2.24.11. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2010-202, Dated 2.24.11. APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for Plot Plan No. 2010-202, Dated 2.24.11. APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No. 2010-202, Dated 2.24.11. APPROVED EXHIBIT S = Sign program for Plot Plan No. 2010-202, Dated 2.24.11 2. 2010-202 Plot Plan. The use hereby permitted is for the development of two vacant, graded parcels on the east side of Haun Road, approximately 245 feet north of Newport Road. The easternmost parcel (APN 336-380-049) is planned for the construction and operation of a 6,995 square foot sit-down restaurant identified as the Texas Roadhouse. The western parcel (APN 336-380-050) has been designed with a parking field and a future building pad for a maximum building area of 9,500 square feet. The first phase of construction will entail complete build out of the sit-down restaurant, parking, landscaping, water quality improvements, utilities, drive aisles/driveways and signage. The second phase of the project will involve the development of the building pad adjacent to Haun Road. Although a specific use has not been determined at this time, for the purposes of evaluation a single retail use with a maximum developable area of 9,500 square feet has been modeled. The restaurant (Texas Roadhouse) is a full-service sit-down dinner house operating Monday through Friday: 4 pm to 10 pm, Saturdays: 11 am to 11 pm and Sundays: 11 am to 10 pm. The restaurant will have a full service lounge, but does not include lice entertainment. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under Conditions of Approval for Plot Plan No. 2010-202 3 of 42 this Plot Plan or the City's approval thereof, or from any proceedings against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Plot Plan No. 2010-202, Specific Plan Amendment No. 2010-201 and the Environmental Assessment. 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Comply with all Conditions. The applicant/developer shall comply with all applicable terms and conditions of Specific Plan Amendment No. 2010-201. 7. Mitigation Monitoring and Reporting Plan. The developer shall comply with the mitigation monitoring and reporting plan ("MMRP") which is attached and incorporated as part of these conditions of approval. 8. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 9. Business License. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a Conditions of Approval for Plot Plan No. 2010-202 4 of 42 business license. For more information regarding business registration, contact the City Clerk. 10. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. In the event of any litigation that may be filed challenging the approval of this project, the expiration period shall be tolled until the litigation has gone to final judgment or has been dismissed. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. 11. Disclosure Notice regarding Monument Sign. The applicant will prepare a Disclosure Notice to the future tenants/occupants/purchaser of the building planned for the vacant parcel on the plot plan that the monument sign located along Haun Road will be for the Texas Roadhouse only, and that no other monument signs will be allowed on the parcel. 12. Deliveries. Deliveries made during business hours are to be made on the west side of the building. Conditions of Approval for Plot Plan No. 2010-202 5 of 42 Section II : Planning Conditions of Approval Conditions of Approval for Plot Plan No. 2010-202 6 of 42 General Conditions 13. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 14. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 15. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 16. Parking. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12. a.(2).b), Restaurant 1 space per 45 sq. ft. of serving area plus 1 space per two employees: 93 spaces required 105 spaces provided Future Pad Building 1 space per 200 square feet of building: 48 space required 61 spaces provided A minimum of 166 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. Conditions of Approval for Plot Plan No. 2010-202 7 of 42 A minimum of six (6) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning —" In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Bicycle Racks: Bicycle racks with a minimum of 2 spaces shall be provided in convenient locations to facilitate bicycle access to the project area as shown on APPROVED EXHIBIT A. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Planning Department approval, and shall be installed in accordance with those plans. 17. Signage Approved. The following signs have been approved as scaled on Approved Exhibit E: • North Elevation (internal) o No Signage • West Elevation (Haun Road) o No-Signage • East Elevation-Entrance (Freeway) o TEXAS ROADHOUSE AFFIXED TO BUILDING • South Elevation (Newport Road) o TEXAS ROADHOUSE AFFIXED TO BUILDING • Monument Sign (Haun Road Frontage) o TEXAS ROADHOUSE CENTER 0 8'x8' monument sign • Freestanding Project Identification* (Freeway Frontage) o TEXAS ROADHOUSE 0 35' high sign *Subject to approval of 2010-201 Specific Plan Amendment Conditions of Approval for Plot Plan No. 2010-202 8 of 42 No signage other than those listed above, has been approved as part of this development. No other outdoor advertising display, monument sign, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. Prior to the installation of any additional on-site advertising display or structure, the developer shall submit a plot plan application for signage, including applicable deposit based fees, to the City of Menifee Planning Department for review and approval. 18. Reclaimed Water. The permit holder shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site. 19. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 20. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor-in-interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 21. Hours of Construction. Construction activities shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays and are prohibited on Sundays and federal holidays. 22. Trash Enclosure One (1) trash enclosure which is adequate to enclose a minimum of three (3) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The trash enclosures shall be architecturally enhanced. The enclosures shall be a minimum of six (6) feet in height and shall be made with masonry block and a solid gate which screens the bins from external view. 23. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be kept onsite unless stored within the approved buildings. 24. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. Conditions of Approval for Plot Plan No. 2010-202 9 of 42 25. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating "The driver of a diesel- fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END- SMOG". 26. SCAQMD Rule 402. The project will comply with existing CAQMD Rule 402 which prohibits a person from discharging from any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 27. SCAQMD Rule 403. The project will comply with existing SCAQMD Rule 403 for the reduction in fugitive dust emissions. 28. SCAQMD Rule 113. Compliance with SCAQMD 113 on the use of architectural coatings shall be implemented. Emissions associated with architectural coatings would be reduced by complying with these rules and regulations which include using pre-coated/natural-colored building materials, water-based or low volatile organic compounds (VOC) coating, and coating transfer or spray equipment with high transfer efficiency. GEOLOGY 29. The developer shall comply with the recommendations of County Geologic Report (GEO) No. 2250 submitted for this City of Menifee project (PP 2010- 202). The report was prepared by Terracon and is entitled "Geotechnical Engineering Report, NEC Haun Road and Newport Road, Menifee, California, dated June 24, 2010. In addition, Terracon prepared the following: "Liquefaction Hazard Potential, Texas Roadhouse, NEC Haun Road and Newport Road, Menifee California", dated December 29, 2010. "Response to Review Comments, Proposed Texas Roadhouse, NEC Haun Road and Newport Road, Menifee, California", dated April 15, 2011. These documents are herein incorporated as part of GEO02250. GEO02250 concluded: a. The San Andreas 1857 Fault is located 4.9 miles from the site. b. The possibility of surface fault rupture is negligible. c. The potential for liquefaction at the site is low. d. The slope stability hazards are negligible. e. Landslide hazards are negligible. f. Landslide hazards are negligible. g. Hazards from rock fall are negligible. Conditions of Approval for Plot Plan No. 2010-202 10 of 42 h. It is not anticipated that collapsible or expansive soil hazards will significantly impact the site. i. Seismically-induced settlement of dry sands is estimated to be less than 0.125 inch. j. The site is not located near water bodies that can create a tsunami or a seiche in an earthquake event. k. Debris flow hazards are minimal. GEO02250 Recommended: a. Foundations may bear on undisturbed native soils, or new engineered fill if required to raise grades. b. Areas of loose soils should be surficially compacted prior to placement of the foundation system. ARCHEOLOGY 30. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" Within 48 hours. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 31. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is-determined to be of significance due to its sacred or cultural importance in consultation with the Pechanga Band of Luiseno Mission Indians. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate Conditions of Approval for Plot Plan No. 2010-202 11 of 42 mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. LANDSCAPING 32. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this plot plan. To ensure that this occurs, the Planning Department shall require inspections prior to final inspection and at six month and twelve month intervals. 33. Maintenance of Landscaping. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES: 34. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan, elevations, or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Riverside County Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or a subsequent ordinance. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 35. Construction Noise. The project developer shall implement noise mitigation measures during grading. a. During all Project site excavation and grading, all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with the manufactures' standards. b. All stationary construction equipment shall be placed so that entitled noise is directed away from the nearest sensitive receptor. c. During construction, equipment staging areas shall be located in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors. Conditions of Approval for Plot Plan No. 2010-202 12 of 42 d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00 pm, unless otherwise restricted by City staff. 36. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wined breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; Conditions of Approval for Plot Plan No. 2010-202 13 of 42 m. All haul trucks must have a capacity of no less than twelve and three- quarter(12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. PALEONTOLOGY 37.Paleontologist Required. Should paleontological resources be inadvertently uncovered during ground disturbing and/or construction activities all work must be halted in the vicinity and a qualified Paleontologist and the City of Menifee shall be contacted immediately. The qualified Paleontologist shall observe the find and assess the significance of the resource. If the paleontological resource is determined to be a potentially significant resource, the preparation and implementation of a Phase III Data Recovery Program shall be performed, including the disposition of recovered artifacts. FEES 38. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 2.52 acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is Conditions of Approval for Plot Plan No. 2010-202 14 of 42 subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 39. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. 2010-202 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Issuance of Building Permit 40. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety and the Planning Department for plan check approval and shall comply with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 41. Roof Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view. All building plans shall show all roof-mounted equipment and methods for screening and shall be submitted to the Planning Department for review and approval prior to building permit issuance. Screening material shall be subject to Planning Department approval. Planning staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 42. Elevations. Elevations of the restaurant building submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B 43. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 44. Submit Elevations. Elevations and floor plans for the future building pad located in the western most parcel shall be submitted to the Planning Department for review and approval prior to issuance of a building permit for that pad/phase. 45. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this plot plan and which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. FEES; Conditions of Approval for Plot Plan No. 2010-202 15 of 42 46. Fees. Prior to issuance of building permits, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 47. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 48. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. LANDSCAPING 49. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of- way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in- line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as Conditions of Approval for Plot Plan No. 2010-202 16 of 42 adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. 50. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the Six Month and One Year Landscape Inspections. The amount of hours for the Six Month and One Year Landscape Inspections will be determined by the Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 51. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Prior to Final Inspection 52. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 53. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 54. Phasing. All facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 55. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee provides to the Department of Building and Safety and the Planning Department a Conditions of Approval for Plot Plan No. 2010-202 17 of 42 definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 56. Condition Compliance. The Planning Department shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 57. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 58. Remove Outdoor Advertising. All existing outdoor advertising displays, signs or billboards shall be removed. PALEONTOLOGICAL 59. Paleontological Monitoring Report. . Pursuant to Condition No. 25, if the paleontological resource is determined to be a potentially significant resource, the preparation and implementation of a Phase III Data Recovery Program shall be performed, including the disposition of recovered artifacts. Prior to final inspection, the applicant shall submit to the Planning Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. LANDSCAPING 60. Landscape Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance, both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 61. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. FEES Conditions of Approval for Plot Plan No. 2010-202 18 of 42 62. Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The amount of the fee for commercial or industrial development shall be calculated on the basis of the 'Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 2010-202 has been calculated to be 1.76 net acres. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 63. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the 'Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2010-202 is calculated to be 2.52 net acres. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 64. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Conditions of Approval for Plot Plan No. 2010-202 19 of 42 Section III : Engineering/Transportation/ Grading Conditions of Approval Conditions of Approval for Plot Plan No. 2010-202 20 of 42 The Engineering Department recommends the following conditions of approval for this project. Unless stated otherwise, all conditions shall be completed by the applicant at no cost to the City or any other Government Agency: General Conditions: 63. SCOPE OF PROJECT- This Plot Plan proposes a development for a restaurant building with an approximate area of 6,995 sq. ft. and a future building pad with a maximum building area of 9,500 sq. ft. in a 2.52 acre site with two lots. The project site is located north of Newport Road, on the east side of Haun Road and west of Interstate 215. 64. PRECEDENCE- If any of the following conditions of approval differ from the Riverside County General Plan text or exhibits, the conditions enumerated herein shall take precedence. 65. GRADING INTRODUCTION- Improvements such as grading, filling, over excavation and re-compaction, and base or paving which require a grading permit are subject to the included CITY Grading conditions of approval. 66. GENERAL GRADING CONDITIONS - All grading shall conform to the latest adopted edition of the California Building Code, the City General Plan, The County Ordinance 457 and all other relevant laws, rules and regulations governing grading in the City. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading notice: Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction Permit from the State Water Resources Control Board (SWRCB). The Construction Permit requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NO[) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 67. ORDINANCES & LAWS COMPLIANCE-The development of the property shall be in accordance with the mandatory requirements of all Riverside County ordinances including Ordinances Nos. 348 and 460 and state laws; and shall conform substantially to the adopted Riverside County General Plan as filed in the office of the Riverside County Planning Department, unless otherwise amended. 68. CONSTRUCTION TIMES OF OPERATION- Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the Conditions of Approval for Plot Plan No. 2010-202 21 of 42 hours of 6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. 69. GRADING PERMIT FOR CLEARING & GRUBBING- County Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 70. DUST CONTROL- During the actual grading, all necessary measures to control dust shall be implemented by the applicant in accordance with AQMD requirements. A watering device shall be present and in use at the project site during all grading operations. 71. EROSION CONTROL- Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during the rainy season from October 15 to April 15. 72. SLOPE EROSION CONTROL PLAN- Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 73. 21 MAXIMUM SLOPE RATIO- Except for basin slopes, graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. Slopes shall be contour graded and be less than 2:1 where possible to produce a natural appearance. 74. 4:1 MAXIMUM SLOPE RATIO FOR BASIN SLOPES- Basin that may contain any water shall have side slopes with a maximum steepness ratio of 4:1 (horizontal to vertical) unless otherwise approved. 75. DRAINAGE FACILITIES & TERRACING- Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 76. SLOPE SETBACKS- Observe slope setbacks per Section J108, figure J108.1 of the California Building Code. 77. GEOTECHNICAL AND SOILS REPORTS- All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports. Conditions of Approval for Plot Plan No. 2010-202 22 of 42 78. GEOTECHNICAL AND SOILS REPORTS SUBMITTALS- Geotechnical/soils reports shall be submitted to the CITY Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the CITY.* * The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the CITY ENGINEERING DEPARTMENT GRADING INSPECTION PROCESS. 79. 100-YEAR DRAINAGE FACILITIES- All drainage facilities shall be designed to accommodate 100 year storm flows or as approved by the Riverside County Flood Control District and the City Engineering Department. 80. MINIMUM DRAINAGE GRADE- Minimum drainage grade shall be 1% except on Portland cement concrete surfaces where 0.50% shall be the minimum. The engineer must submit a variance request for design grades less than 1% with a justification for a lesser grade. 81. MAXIMUM AND MINIMUM GRADE ADVICE - Engineer of record is advised to not base the design on minimum and maximum grades for ADA and project grading design to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector. It will need to be removed and replaced at owner's expense. 82. PAVING INSPECTIONS- The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 83. ARCHEOLOGY- Given the element of uncertainty of any archaeological survey due to the "underground" dimension, it is required that should archaeological materials be found during grading activities, a qualified archaeologist shall be retained for their evaluation. 84. WATER MAINS & HYDRANTS- All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the approval by the Riverside County Fire Department and EMWD. 85. PERPETUAL DRAINAGE PATTERNS- The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. 86. TRAFFIC SIGNAL MITIGATION PROGRAM- The project proponent shall participate in the Traffic Signal Mitigation Program as approved by the City Council. This is included in the Development Impact Fee (DIF) payment. Conditions of Approval for Plot Plan No. 2010-202 23 of 42 87. DRY UTILITY INSTALLATIONS- Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with County of Riverside Ordinance 460 and 461. This also applies to existing overhead lines which are 34 kilovolts or below along the project frontages and within the project boundaries if there is any. 88. WQMP. This development is located within the San Jacinto River watershed, and all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff(WQMP). The WQMP addresses post-development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana or Santa Margarita watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Storm Water Quality. 89. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post-project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post-development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City Engineering Department prior to issuance of building or grading permits. 90. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land-use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the City prior to issuance of recommended conditions of approval. 91. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 92. TRASH ENCLOSURES — Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. Conditions of Approval for Plot Plan No. 2010-202 24 of 42 b) They shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6' high. c) They shall have a concrete slab floor. The concrete slab shall be graded to contain any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed after obtaining approval by EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 93. Encroachment Permits — All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 94. LANDSCAPE IN RIGHT-OF-WAY. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinances 457 and 461 and shall require approval by the Engineering Department. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. The landscaping will consists of trees and shrubs irrigated by drip irrigation systems all as approved by the City. The use of turf is prohibited along with spray irrigation. Ordinances 457 and 461 govern the use of landscaping. Assurance of continuous maintenance is required. 95. LANDSCAPE MAINTENANCE IN RIGTH-OF-WAY - The applicant shall execute and record an agreement for maintenance of parkways using the city standard agreement prior to approval of landscape plans in the public right of way fronting this project. Conditions of Approval for Plot Plan No. 2010-202 25 of 42 96. ADA COMPLIANCE — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 97. FUTURE TRASH ENCLOSURE LOCATION — The location of the future trash enclosure as shown in the site plan dated 2/24/2001 may obstruct the view of the ADA path to drivers and is not acceptable. Final location shall be determined at time of site plan approval for future building. It is suggested to relocate the future trash enclosure to a midpoint between the parking stalls if it is functional for the future building. In the mean time this area can be used for parking of motorcycles or left landscaped as proposed in the Conceptual Landscape Plans. Prior to Project Approval: 98. GRADING CONDITIONS-Prior to any project approval the development standards of the City General Plan shall be reviewed and complied with. 99. PLAN SUBMITTALS- All final engineering plans shall have the latest City format. Three (3) copies of the improvement plans, the grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the CITY Engineering Department for review. The plans shall receive CITY approval prior to issuance of grading and construction permits. All submittals shall be date-stamped by the engineer and include the appropriate plan check fee deposits. 100. Sidewalk in public streets shall be totally in the public right of way. Additional right of way dedication may be needed depending of the final design of driveway approaches. Prior to Grading Permit Issuance: 101. GRADING BONDS-Grading in excess of 199 cubic yards will require a performance security to be posted with the CITY Engineering Department. 102. GRADING CONDITIONS- Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes but is not limited to additional Environmental Assessments, Erosion Control plans, additional geotechnical and soils reports, Departmental clearances and the amount being graded. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the CITY Engineering Department. Landscape plans are to be signed and bonded per the requirements of Ordinance 457. Grading in excess of 199 cubic yards will require performance security to be posted with the CITY Engineering Department. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export Conditions of Approval for Plot Plan No. 2010-202 26 of 42 location from the Engineering Department. A slope stability report shall be submitted to the Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal: vertical) or over 10 feet in vertical height. 103. SITE DRAINAGE-1. Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. 2. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical with an 18-inch top of slope shelf and toe of slope offset from walls, curbs, etc. The shelf shall have a positive grade of 2%. 3. Final determination of the foundation characteristics of soils within on-site development areas shall be performed by a geotechnical engineer. 104. NPDES/SWPPP REQUIREMENT- This project will disturb one (1) more acres or is part of a larger project that will disturb one (1) or more acres. Prior to issuance of any grading or construction permits - whichever comes first, the applicant is required to comply with the State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge Elimination System Construction General. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering Department for review prior to be certified by the legal responsible person in the SMARTS system. It should include a copy of the WDID letter from the Board. 105. IMPORT/EXPORT- In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the CITY Engineering Department. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the CITY Engineering Department for review and comment and to the Menifee City Engineer for approval. 106. GEOTECHNICAL/SOILS REPORTS- Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the CITY Engineering Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the CITY.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. 107. OFFSITE GRADING AND COSTRUCTION EASEMENTS- Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading and construction herein proposed. 108. PLAN SUBMITTALS- Two (2) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and Conditions of Approval for Plot Plan No. 2010-202 27 of 42 hydraulic calculations shall be submitted to the CITY Engineering Department for review. The plans shall receive CITY approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposits. 109. A Final WQMP shall be submitted for review and approval by the CITY Engineering Department for all ongoing drainage facilities and maintenance. 110. MS4 ON-SITE RETENTION-The CITY Engineering Department requires that the finished site drainage facilities and/or BMPs retain a maximum of 0.75 inches times the net area of the site in a bio-retention BMP facility. 111. CONSTRUCTION TRAFFIC CONTROL PLAN- Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CA MUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects on the surrounding residences and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto county roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Traffic safety within the road right-of-way including temporary traffic control measures and devices. Prior to Building Permit Issuance: 112. GRADING CONDITIONS- PRIOR TO ISSUANCE OF ANY BUILDING PERMITS: The property owner shall obtain a grading permit and approval to construct from the CITY Engineering Department. 113. PARKWAY DRAINS-The applicant shall provide applicable parkway drains to channel site water to the new street curb lines per Riverside County Standard No. 308. 114. CONFORM TO ELEVATIONS/GEOTECHNICAL COMPACTION- Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer-of-Record Rough Grade Certification (City format) shall be submitted for verification/acceptance to the CITY Engineering Department. The appropriate Engineer-of-Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the CITY Engineering Department. Conditions of Approval for Plot Plan No. 2010-202 28 of 42 115. TRAFFIC SIGNAL MITIGATION FEE/COMM-INDUST- In accordance with Riverside County Ordinance No. 748, this project shall be responsible for Signal Mitigation Program fees in effect at the time of occupancy or final building permit, or any use allowed by this permit. Said fee shall be based upon the following criteria: Industrial/per net acreage, the project net acreage is 2.52 acres. Prior to Certificate of Occupancy: 116. PLANT & IRRIGATED SLOPES- GRADING CONDITIONS TO BE FULFILLED PRIOR TO FINAL OCCUPANCY APPROVAL: Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per county ordinance 457. 117. CONFORM TO ELEVATIONS - Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer-of-Record Final Grade Certification (City format) shall be submitted for verification/acceptance to the CITY Engineering Department. 118. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off-site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees and the Development Impact Fees (DIF). 119. RECIPROCAL ACCESS AND PARKING EASEMENT — Applicant shall provide evidence of a reciprocal access and parking easements with the parcels around this project with common vehicular access. 120. HAUN ROAD STRIPING AND INDUCTIVE LOOP MODIFICATION — Developer shall pay $12,000 to the City of Menifee as agreed per Memorandum of Understanding dated May 13, 2011 for the modification of the existing striping and inductive loops in Haun Road to provide two southbound left turn lanes. Upon payment, the City will assume responsibility for design and construction, and the Developer will have no additional cost for this requirement. Conditions of Approval for Plot Plan No. 2010-202 29 of 42 Section IV: NPDES and Water Quality Compliance Conditions of Approval Conditions of Approval for Plot Plan No. 2010-202 30 of 42 General Conditions 121. Storm Flows. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adjacent outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 122. Perpetuate and Coordinate Drainage. The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. Development of this property shall be coordinated with development of adjacent properties to ensure that watercourses remain unobstructed and storm water flows are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 123. WQMP. In compliance with Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post-development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Storm Water Quality. Conditions of Approval for Plot Plan No. 2010-202 31 of 42 The developer has submitted a report that meets the criteria for a preliminary project specific WQMP; however, additional revisions to the PWQMP will be required prior to Final WQMP approval. The primary BMPs proposed for this site are bio-retention cells with others also being proposed. The final design including location, calculations, details and specifications for all BMPs treating drainage from this project shall be addressed in the Final WQMP during the plan check phase to the satisfaction of the City Engineer. 124. BMP Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the District. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the District for review and approval prior to the issuance of occupancy permits. 125. Phasing. If the development of the site is constructed in phases, the first phase of the development must construct all the water quality mitigation features for the entire site. Alternatively, a WQMP feature to serve a specific phase of a project can be constructed either 1) within the limits of the phase or 2) outside of the boundaries of the phase. In the case of the latter, the BMP shall be constructed within an easement and this easement shall be recorded. It should be noted that future phases of the development will be required to provide not only any water quality mitigation features required for that particular development but must also account for the mitigation features located on that particular site. All mitigation features shall comply with the current regulations of the Regional Water Quality Board. Prior to Issuance of Grading Permit 126. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include Conditions of Approval for Plot Plan No. 2010-202 32 of 42 a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 127. Erosion Control. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the District for review. 128. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to issuance of permits. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. 129. Written Permission for Off-site. Written permission shall be obtained from the affected property owner(s) allowing the proposed grading and/or facilities to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the District for review and approval. 130. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. All BMP features, including maintenance responsibility shall be shown on the grading plans. Prior to Issuance of Buildinq Permit 131. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 132. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. All BMP features shall be shown on the grading plans. Prior to Building Final Inspection 133. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of storm water quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control District's NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-mail fcnpdesCa)-co.riverside.ca.us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. Conditions of Approval for Plot Plan No. 2010-202 33 of 42 The developer must provide to the District's PLAN CHECK Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 134. BMP Installation. All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The District will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 135. BMP Maintenance and Inspections. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the District for review and approval prior to the issuance of occupancy permits. Conditions of Approval for Plot Plan No. 2010-202 34 of 42 Section V: Riverside County Fire Department Conditions of Approval General Conditions 136. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. Conditions of Approval for Plot Plan No. 2010-202 35 of 42 137. Minimum Fire Flow. Minimum required fire flow shall be 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type VB construction per the 2010 CBC and Ordinance 787; Building(s) having a fire sprinkler system. 138. Fire Hydrants. Super fire hydrants, on a looped system (6"x4"x 21/2 x 2 1/2"), shall be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. Prior to Issuance of Building Permit 139. Plan Check Fee. Building Plan check deposit base fee of $307 to $1,056, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. 140. Water Plans. The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Prior to Building Final Inspection 141. Fire Lanes. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 142. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010 edition (13D and 13R systems are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe sizes in excess of 4" in diameter will require-the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring system shall monitor the fire sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact fire department for guideline handout 143. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall Conditions of Approval for Plot Plan No. 2010-202 36 of 42 be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 144. Hood Ducts. A U.L. 300 Hood Duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee of$215.00 to the Fire Department for review and approval prior to installation. Note: a dedicated alarm system is not required to be installed for the exclusive purpose of monitoring the suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. Separate fire alarm/monitoring plans must be submitted for review prior to connection. Current plancheck deposit base fee is $192.00. Conditions of Approval for Plot Plan No. 2010-202 37 of 42 Section VI : Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2010-202 38 of 42 General Conditions 145. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2010-202 is proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) must be properly abandoned or removed under permit with the Department of Environmental Health (DEH). 146. Food Facilities Food facilities require a total of three (3) complete sets of plans for each food establishment including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with all State and County regulations Conditions of Approval for Plot Plan No. 2010-202 39 of 42 Section VII : Riverside Countv Environmental Programs Department Conditions of Approval Conditions of Approval for Plot Plan No. 2010-202 40 of 42 147. Burrowing Owl Survey. Per PDB05206 Pursuant to Objective 6 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the County Biologist. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided. However, when the Burrowing Owl is present, active relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. Conditions of Approval for Plot Plan No. 2010-202 41 of 42 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print) Title (please print) Conditions of Approval for Plot Plan No. 2010-202 42 of 42