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09-79 Resolution No. 09-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT #3581 FOR THE NEWPORT SQUARE DEVELOPMENT TO ALLOW A 129,132 SQUARE FOOT SHOPING CENTER IN THE SPECIFIC PLAN NO. 247, PLANNING AREA NO. 1 (COMMERCIAL RETAIL) ZONING DISTRICT AND TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AS PART OF THE GROCERY STORE AND DRUG STORE USE, AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ALCOHOLIC BEVERAGE LICENSE Whereas, the applicant, Regent Center, DBA Menifee Marketplace, LLC., filed a formal application with the County of Riverside for Conditional Use Permit #3581 to allow a 129,132 square- foot shopping center in the Specific Plan No. 246, Planning Area No. 1 (Commercial Retail) zoning district and to allow the sale of beer, wine, and distilled spirits for off-site consumption at the grocery and drug stores at the Newport Square Shopping Center; and Whereas, on April 7, 2009, the City Council held a duly noticed public hearing on Conditional Use Permit #3581, and continued the item to April 21"to allow staff to bring forward additional information, and Whereas, on April 21, 2009, the City Council considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and Whereas, on April 21, 2009, the City Council made the following findings for Conditional Use Permit #3581: 1. The proposed conditional use permit is exempt from environmental review, per section 15332 of the California Environmental Quality Act Guidelines, regarding infill development projects, in that the proposal: 1. The project site is designated Commercial Retail (CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Valley Area Plan. 2. The proposed use, a commercial/office center, is a permitted use in the Commercial Retail (CR) (0.20-0.35 floor area ratio) designation. 3. The project site is surrounded by properties which are designated Commercial Retail (CR) (0.20- 0.35 floor area ratio) to the north, Very High Density Residential (VHDR) (14-20 dwelling units per acre) to the east, Medium Density Residential (MDR) to the south, and Commercial Retail and Medium Density Residential to the west. 4. The zoning for the subject site is Specific Plan No. 247, Planning Area No. 1 (Commercial Retail). 5. The proposed use, a commercial/office center, is a permitted use, subject to approval of a conditional use permit, in the Specific Plan No. 247, Planning Area No. 1 (Commercial Retail). 6. The proposed use, a commercial/office center, is consistent with the development standards set forth in the Specific Plan No. 247, Planning Area No. 1 (Commercial Retail) zone. 7. The project shall include off-site alcohol sales for Beer and Wine (Type 20) within the Major located in the southern portion of the site, which is proposed as a market and beer, wine and distilled spirits (Type 21) within the drug store located in the northeastern portion of the site. 8. The year 2000 census population for Census Tract No. 42712 was 7,539 persons according to the US Census Bureau (Census 2000 Summary File 3). 9. The 2007 population of Census Tract No. 42712, according to County-maintained demographics, was 15,317 persons. 10. Per the Riverside County Planning Department, the population estimate by 2008 will be even greater than that of the 2007 population, due to the number of approved residences within Census Tract No. 42712. According to County of Riverside demographics, the estimate population for 2010 is 17,585 persons. 11. The maximum concentration level for General Liquor License (Type 21) is combined with Beer and Wine (Type 20) and limited to one per 1,250 people by census tract (Alcoholic Beverage Control Act: California Business and Professions Code 23817.5) 12. The over-concentration of Beer and Wine (Type 20) and General Liquor (Type 21) licenses is determined by comparing the County-wide population per license to the census tract population and number of Type 20 and Type 21 license issued in that census tract. If there are more licenses per person (or fewer people per license) within the census tract than the county average, there is an over-concentration (California Alcoholic Beverage Control). 13. Using 2005 population estimates and current liquor license numbers, Riverside County has one (1) combined (Type 20 and Type 21) license per 1,562 persons. 14. A population of 15,317 persons (the 2007 estimated population for Census Tract No. 42712) would allow for a maximum concentration of twelve combined (Type 20 and Type 21) liquor license within the census tract. 15. Six combined (Type 20 and Type 21) licenses are currently issued in Census Tract No. 42712. The existing six licenses equate to approximately 0.5 licenses per 1,250 persons, roughly half the allowable concentration. The allowance of the two (2) addition licenses would equate to 0.75 licenses per 1,250 persons. 16. Census Tract No. 42712 is not over concentrated with Type 20 and Type 21 combined liquor licenses. 17. The California Alcoholic Beverage Control Board (ABC) requires the local jurisdiction to make a finding of public necessity or convenience for the granting of a license when said granting would cause an over-concentration of licenses within a census tract, or when an over-concentration already exists. 18. The California Alcoholic Beverage Control Board has determined that for this census tract five (5) licenses are allowed (six (6) licenses exist). This project exceeds this allotment by an additional two (2) licenses for a total of eight (8) licenses within the census tract. Therefore, this census tract is over concentrated by ABC's determination. 19. The proposed project site is located within 1,000 feet of Callie Kirkpatrick Elementary School. 20. The proposed project site is not located within 100 feet of existing and habited residences. 21. The food market is requesting a type 20 license to allow for the sale of beer and wine for off-site consumption only. 22. The food market is primarily engaged in the sale of groceries and shall be selling beer and wine in conjunction with food and other household items. 23. The drug store is requesting a type 21 license to allow for the sale of beer, wine, and distilled spirits for off-site consumption only. 24. The drug store is primarily engaged in the sale of household items, personal care products, and medications and shall be selling beer, wine, and distilled spirits in conjunction with these other items. 25. The project shall not be situated in such a manner that vehicle traffic from the facility may reasonably be believed to be a potential hazard to a school, church, public park or playground. 26. The food market and the drug store are located in the eastern portion of the project site and are buffered from the school by other buildings in the retail center, including parking, walls, and landscaping. 27. The existing and inhabited dwellings are located to the south of the project site, across Rockport Avenue. The drug store is located in the northeastern portion of-the site and is separated from the residences by other buildings within the commercial development, landscaping, and parking. The market is along Rockport Avenue; however, the market fronts Newport Road. The market is separated from the dwellings by landscaping and parking. 28. No beer, wine or other alcoholic beverage advertising shall be located in such a manner that be viewed from the elementary school or dwellings. 29. No displays of beer, wine or other alcoholic beverages shall be located on the exterior of the building or within window areas. 30. The project is not located within 1,000 feet of an existing or planned public park, playground, or established place or religious worship. 31. The project does provide the public necessity or convenience for the residents of the surrounding community. 32. The project will not interfere with the quiet enjoyment of the property by residents. 33. Ordinance No. 348, Section 18.27 (a) states the basis for a variance. Variances from the terms of Ordinance No. 348 may be granted when, because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification. Variances shall be limited to modification of property development standards. 34. The proposed sign program exceeds Ordinance 348 Section 19.4(a) (4) which allows for one (1) free standing signs except that if a shopping center has frontage on two (2) or more streets. The shopping center is has frontage on Newport Road, Menifee Road, Rockport Road, and Laguna Vista Drive and is therefore allowed two (2) freestanding signs pursuant to the Ordinance. The commercial development proposes to exceed the number of allowed signs by having a total of four (4) freestanding signs. The commercial development covers approximately 14.04 net acres and is adjacent to Newport Road and Menifee Road which are both major roadways, as well as Rockport Road and Laguna Vista Drive. The project takes access from all four roads. The need for multiple monuments signs to effectively display retailers within the shopping center is not necessary on a smaller development. The proposed development is larger in size and is a sub-regional shopping center; multiple entrances into"the commercial site necessitate additional monument signs to effectively display retailers compared to smaller developments. These constraints supports the variance and allowance for the project to exceed the maximum number of free standing signs allowed for a project by and additional two (2) signs. 35. The project site is surrounded by properties which are zoned Specific Plan No. 158, Planning Area No. 3-1 (Commercial) to the north, Specific Plan No. 247, Planning Area No. 2 (Very High Density Residential) to the east, Specific Plan No. 247, Planning Area No. 3 (Medium Density Residential) to the south, and Specific Plan No. 158, Planning Area No. 2-11 (Commercial) to the west. 36. Similar commercial and educational uses along Newport and Menifee Road have been constructed or are operating in the project vicinity, such as the Menifee Town Center at Newport and Antelope Road, the Menifee Marketplace at Newport and Haun Road, and the Menifee Union School District facility on Menifee Road just south of Newport. 37. This project is not located within a Criteria Area of the Multi-Species Habitat Conservation Plan. 38. Pursuant to Article XI, Section 15164, if some changes or additions in a project are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent Environmental Impact Report (EIR) have occurred, the lead agency shall prepare an addendum to a previously adopted EIR. An Addendum to Environmental Impact Report No. 327 has been prepared for the following reasons: a. Only minor additions have occurred and none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. b. The project does not propose substantial changes in the project which would require major revisions to the previously adopted EIR. c. No new significant environmental effect or substantial increase in the severity of previously identified significant effects would occur. d. No substantial changes have occurred with respect to the circumstances under which the project is undertaken. e. No new information of substantial importance has arisen, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted. 39. The previously adopted Environmental Impact Report identified the following potentially significant impacts: a. Air Quality b. Biological Resources c. Agriculture d. Noise e. Transportation/Traffic 40. Minor additions to the project have occurred which warrant an update to the following sections of Environmental Impact Report No. 327: Biological Resources; Geology/Soils, Hazards and Hazardous Materials; Water Quality & Hydrology; Planning; and Transportation. The Addendum to Environmental Impact Report No. 327 (EA41722) determined that the minor additions to the project will not increase impacts related to the sections listed above to a potentially significant level. These listed impacts will be fully mitigated by the measures indicated in the environmental assessment, conditions of approval, and attached letters. No other significant impacts were identified. 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. Conditional Use Permit #3581 is hereby approved and is subject to the Conditions of Approval in Exhibit"A"to this resolution. Specifically, CUP #3581 is approved to allow the following: (a) A 129,132 square-foot shopping center in the Specific Plan No. 247, Planning Area No. 1 (Commercial Retail) zoning district; and (b) The sale of beer, wine and distilled spirits for off-site consumption (a Type 20 and Type 21 license from the State Department of Alcoholic Beverage Control) at the grocery and drug stores. PASSED, APPROVED AND ADOPTED this 21't day of April, 2009, by the following vote: AYES NOES:vyl� ABSENT:vy1A1U_.) ABSTAIN:VYLpAJL, K/4.CfkQ Wallace W. Edgerton, Mayor Attest: Kathy Bennett, City Clerk EXHIBIT"A" Conditions of Approval CUP #3581 Newport Square Shopping Center Project Description: Conditional Use Permit No. 3581 The use hereby permitted is for the operation and construction of a commercial/office center consisting of 61,489 square feet,of retail space, 58,800 sq. ft. of office space, and an 8,915 sq. ft. child care facility for a total of 129,204 sq. ft. within ten (10) buildings. The ten buildings include two (2) office buildings, two (2) commercial pads, one (1) restaurant pad, one (1) drug store, two (2) shops, one (1) market, one (1) day care facility with associated playgrounds and tot lot. The project also includes one (1) detention basin, 115,650 sq. ft. of landscaping, and 712 parking stalls. The project is envisioned to be constructed in two (2) phases. Phase 1 will include the two (2) commercial pad buildings, two (2) shops, market, child care facility, drug store and associated improvements, including landscaping. Phase 2 will include the construction of the remaining two office buildings. The project also proposes off-site beer and wine sales (Type 20 license) for the market (Market Building located in the southern portion of the site) and off-site sale of beer, wine, and distilled spirits (Type 21 license) for the pharmacy/drug store located in the northeastern portion of the project site. The approved version shall be as follows: EXHIBIT A = Site Plan for Conditional Use Permit No. 3581, Amended No. 1, dated December 5, 2008. EXHIBIT B = Elevations and Floor Plans for Conditional Use Permit No. 3581, Amended No. 1, dated October 25, 2008. EXHIBIT G = Grading Plans (Sheets 1-2) for Conditional Use Permit No. 3581, Amended No. 1, dated December 5, 2008. EXHIBIT L = Landscaping Plans for Conditional Use Permit No. 3581, Amended No. 1, dated October 25, 2008. EXHIBIT M = Material Board (Sheets 1-2) for Conditional Use Permit No. 3581, Amended No. 1, dated October 25, 2008. EXHIBIT S = Sign Program for Conditional Use Permit No. 3581, Amended No. 1, dated December 5, 2008. EXHIBIT W = Wall and Fencing Plan for Conditional Use Permit No. 3581, Amended No. 1, dated October 25, 2008. Genera/Conditions 1. On October 1st, 2008 the City of Menifee incorporated. At the time the City incorporated it was required to accept all the laws and ordinances of the County of Riverside. Over time the City will change these ordinances either by name or content. The applicant or successor in interest of this project will be subject to ordinances of the City of Menifee and not those of the County of Riverside that the City has jurisdiction over. Therefore, any condition of approval listed in this project that references a County of Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent ordinance introduced by the City. The applicant or their successor in interest by accepting these conditions also agrees to accept the equivalent City ordinance or subsequent ordinance introduced by the City. CITY OF MENIFEE 2. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County 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 this project or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, 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 County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Tentative Parcel Map No. 35899, Conditional Use Permit No. 3581, Variance No. 1547, Environmental Assessment No. 41722, and Addendum to Environmental Impact Report No. 327. HOLD HARMLESS 3. The project developer/land divider 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. 90 DAYS TO PROTEST 4. Every person conducting a business within the unincorporated area of Riverside County, as defined in Riverside County Ordinance No. 857, shall obtain a business license. For more information regarding business registration, contact the Business Registration and License Program Office of the Code Enforcement Department at www.rctlma.org.buslic. BUSINESS LICENSING 5. The subdivider/owner shall comply with the "Design Standards & Guidelines, Third And Fifth Supervisorial Districts, County Of Riverside," adopted by the Board of Supervisors, July 17, 2001. 3RD &STH DIST DSGN STDS Grading 6. Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included Building and Safety Department Grading Division conditions of approval. GIN INTRODUCTION 7. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules, and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Building and Safety Department. G1.2 OBEY ALL GDG REGS 8. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading. G1.3 DISTURBS NEED G/PMT 9. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facility,deemed necessary to control or prevent erosion. Additional erosion protection may be required during the rainy season from October 15 to April 15. G1.5 EROS CNTRL PROTECT 10. All necessary measures to control dust shall be implemented by the developer during grading. PM10 plan may be required at the time a grading permit is issued. G1.6 DUST CONTROL 11. Grading in excess of 199 cubic yards will require performance security to be posted with the Building & Safety Department. G2.1 GRADING BONDS 12. 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 (refer to dept. form 284-47). G2.3SLOPE EROS CL PLAN 13. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. G2.5 2:1 MAX SLOPE RATIO 14. A slope stability report shall be submitted and approved by the County Geologist for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over 30 feet in vertical height - unless addressed in a previous report. G2.6SLOPE STABL'TY ANLY 15. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. G2.8MINIMUM DRNAGE GRAD 16. Provide drainage facilities and terracing in conformance with the Uniform Building Code's chapter on "EXCAVATION & GRADING". G2.9DRNAGE & TERRACING 17. Observe slope setbacks from buildings & property lines per the Uniform Building Code as amended by Ordinance 457. G2.10 SLOPE SETBACKS 18. Graded slopes which infringe into the 100-year storm flow flood way boundaries, shall be protected from erosion, or other flood hazards, by a method acceptable to the Building & Safety Department's District Grading Engineer - which may include Riverside County Flood Control & Water Conservation District's review and approval. However, no graded slope will be allowed which in the professional judgment of the District Grading Engineer blocks, concentrates or diverts drainage flows. G2.12SLOPES IN FLOODWAY 19. A recorded easement is required for lot-to-lot drainage. G2.17LOT TO LOT DRN ESMT 20. All off street parking areas, which are conditioned to be paved, shall conform to Ordinance 457 base and paving design and inspection requirements. G2.23 OFFST. PAVED PKG 21. A grading permit will not be issued, by the Building and Safety Department, for any parcel (s) of this subdivision unless an appropriate land use permit has also been issued and approved, by the Planning Department, for that same parcel (s). G2.24LU PMT TO GRD SUB 22. Prior to the issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Grading Division of the Building and Safety Department. G.3.1NO B/PMT W/O G/PMT 23. Lots, which propose retaining walls, will require separate permits. They shall be obtained prior to the issuance of any other building permits - unless otherwise approved by the Building and Safety Director. The walls shall be designed by a Registered Civil Engineer - unless they conform to the County Standard Retaining Wall designs shown on the Building and Safety Department form 284-197. G3.3RETAINING WALLS 24. Cribwall (retaining) walls shall be designed by a qualified professional who shall provide the following information for review and approval - this shall be in addition to standard retaining wall data normally required. The plans shall clearly show: soil preparation and compaction requirements to be accomplished prior to footing-first course installation, method/requirement of footing-first course installation, properties of materials to be used (i.e. Fc=2500 p.s.i.). Additionally special inspection by the manufacturer/dealer and a registered special inspector will be required. G3.4CRIB/RETAIN'G WALLS 25. Plant & irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the Building & Safety Department's Erosion Control Specialist. G4.1E-CL 4:1 OR STEEPER Health 26. All lots under Parcel Map No. 35899/Conditonal Use Permit No. 3581 are proposing Eastern Municipal Water District water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service for each lot are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) and/or well(s) must be properly abandoned under permit with the Department of Environmental Health (DEH). EMWD WATER AND SEWER Fire 27. Blue retroreflective pavement markers shall be mounted on private streets, 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. -#50-BLUE DOT REFLECTORS 28. The water mains shall be capable of providing a potential fire flow 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2-hour duration at 20-PSI residual operating pressure. -#15-POTENTIAL FIRE FLOW 29. Approved super fire hydrants; (6"x4"x 2-2 1/2") shall be located at each street intersection and spaced not more than 330_ feet apart in any direction, with no portion of any lot frontage more than 165_ feet from a fire hydrant. -#14- COM/RES HYD/SPACING 30. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x 2-2 1/2"), will 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. The required fire flow shall be available from any adjacent hydrants(s) in the system. -#19-ON/OFF LOOPED HYD 31. Minimum required fire flow shall be 2500 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 2007 CBC and Building(s) having a fire sprinkler system. -#23-MIN REQ FIRE FLOW Flood Control 32. Conditional Use Permit No. 3581 proposes the construction and operation of a commercial/office center on 14.04 net acres and Parcel Map No. 35899 proposes a Schedule E subdivision of 14.04 net acres into 11 lots. The site is located in the Sun City/Menifee area, north of Rockport Road, south of Newport Road, east of Menifee Road, and west of Laguna Vista Drive. This site is within Tract Map No. 30422 for which conditions of approval have been issued but will be reviewed as a standalone case. These projects have been concurrently reviewed. It should be noted that the project and mitigation areas includes Lots 2 through 10. The project does not include the development, or mitigation, of Lots 1 and 11. A Letter of Map Revision (LOMR), dated August 29, 2008, was obtained from FEMA (Case No. 08-09-1064P) revising the floodzone designation to Zone C. Except for nuisance nature local runoff that may traverse portions of the property, the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. A storm drain constructed as part of Tract Map No. 30422 on Laguna Vista Drive would serve as an outlet to the onsite storm runoff. However, the capacity of this stormdrain is limited to a flowrate of 10.2 cubic feet per second (cfs). An underground detention basin is also proposed at the southeast corner of the site. The underground detention basin serves to reduce the site's runoff to an acceptable flowrate prior to outletting to Line C in Laguna Vista Drive (constructed by Tract 30422-1). Thus, the basin shall be designed to meter down the flows to the design capacity of Line C 100-year flowrate of 10.2 cfs. Though the project only includes the development and mitigation of Lots 2 through 10, the 10.2 cfs maximum flowrate applies to the entire parcel map (Lots 1 through 11). To mitigate the development's water quality impacts, the developer has proposed a series of bioswales and porous pavement (pervious pavers). Although, Lot 2 requires additional porous pavement, there is sufficient area within the project site to accommodate this. It should also be noted that though vegetated swale is called out in the plan, bioswales will be used to adequately address the pollutants of concerns for the project. Conditions of approval are based on providing the above adequate treatment BMPs, as agreed upon in phone and e-mail correspondence from DRC, Inc (the project engineers), during final design. The porous pavement and bioswales appears to mitigate water quality impacts caused by the development and the underground detention basin appears to meet the target flowrate. FLOOD HAZARD RPT 12/23/08 33. 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. PERP DRAINAGE PATTERNS 34. 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. WQMP ESTABL MAINT ENTITY 35. The subdivider shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. OWNER MAINT NOTICE 36. 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 adequate outlet. 10 YR CURB - 100 YR ROW 37. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, 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, Stormwater Quality. 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 indicated as 'exhibit A' on the website above. A final Project Specific WQMP must be approved by the District prior to issuance of building or grading permits. Projects that require a Project Specific WQMPs were required to submit a PRELIMINARY Project Specific WQMP along with the land- use application package in the tentative phase of development in order to obtain recommended conditions of approval. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP of addressing points a, b, and c above. It shall be noted that while the preliminary project specific WQMP was adequate at that stage, the preliminary WQMP report will need significant revisions at the improvement plan check phase of the development in order to meet the requirements of a final project specific WQMP - including detailed drawings for the BMPs along with all supporting calculations. It should also be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. SUBMIT FINAL WQMP>PRELIM 38. An underground detention basin is also proposed at the southeast corner of the site. The underground detention basin serves to reduce the site's runoff to an acceptable flowrate prior to outletting to Line C in Laguna Vista Drive (constructed by Tract 30422-1). Thus, the basin shall be designed to meter down the flows to the design capacity of Line C 100-year flowrate of 10.2 cfs. Though the project only includes the development and mitigation of Lots 2 through 10, the 10.2 cfs maximum flowrate applies to the entire parcel map (Lots 1 through 11). METER DOWN FLOWRATE —BASIN 39. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. 100 YR SUMP OUTLET Planning 40. 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 a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." 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. IF HUMAN REMAINS FOUND 41. 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. a. 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. b. 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 mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. c. 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. INADVERTENT ARCHAEO FIND 42. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable City ordinances and State and Federal codes. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. COMPLY WITH ORD./CODES 43. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan 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 Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. FEES FOR REVIEW 44. County Geologic Report (GEO) No. 2106, submitted for this project (CUP03581 & PM35899), was prepared by Krazan & Associates, Inc. and is entitled: "Supplemental Geotechnical Engineering Investigation, Proposed Newport Square, SWC Newport Road and Laguna Vista Drive, Menifee, California, Project No. 112-06064", dated July 29, 2008. In addition, Krazan & Associates provided the following reports: "Geotechnical Report of Rough Grading, Commercial Sites, Rockport Road (Street "A") West of Laguna Vista Drive, And Laguna Vista Drive North of Rockport Road (Street "A"). "The Lakes" Development, Tract 30422, Menifee Area of Riverside County, California, Project No.: I03241-30" prepared by LGC Inland, Inc. and dated November 1, 2005. "Geotechnical Engineering Investigation, Proposed Newport Square, SWC Newport Road and Laguna Vista Drive, Menifee, California, KA Project No. 112-06064" prepared by Krazan & Associates and dated October 23, 2006. "Supplemental Geotechnical Engineering Investigation, Proposed Newport Square, SWC Newport Road and Laguna Vista Drive, Menifee, California, KA Project No. 112-06064" prepared by Krazan & Associates and dated July 29, 2008, Revised October 27, 2008. "Comment Response Letter, Proposed Newport Square, SWC Newport Road and Laguna Vista Drive, Menifee, California, KA Project No. 112-06064" dated October 28, 2008. "Comment Response Letter #2, Proposed Newport Square, SWC Newport Road and Laguna Vista Drive, Menifee, California, KA Project No. 112-06064" dated December 2, 2008. These additional reports are now included as part of GEO 2106. GEO No. 2106 concluded: 1.Based on review of published literature, site mapping, previous geotechnical reports from the general area and aerial photo review, there is no evidence of active faulting crossing or trending toward this site. Therefore there is a low potential for this site to be affected by surface fault rupture. 2.Due to the depth to groundwater beneath this site and the relatively dense native soils underlying this site, there is a low potential for this site to be affected by seismically induced liquefaction. 3.Except for the potential for this site to be affected by strong seismic shaking, there is a low potential for this site to be affected by other secondary seismic hazards such as seiche/tsunami, seismically induced flooding or seismically induced landsliding or rockfall. 4.The previously placed engineered fill soils exhibit a moderately high swell potential and improvements placed on these soils will require some form of mitigation, whether by replacement of the expansive soils with lower expansion soils or foundation improvements to resist the effects of soil expansion. GEO No. 2106 recommended: 1.To reduce the potential for distress due to expansive soils, the upper 24 inches of soil within the area of the building slabs or exterior flatwork should be replaced with non-expansive fill soils. In lieu of replacing these soils, the buildings may be supported on post-tensioned slabs and flatwork may be constructed with enhanced reinforcement as needed. All fill soils in areas to receive building slabs and concrete flatwork should be sampled and tested after grading to determine the expansion index of the soils utilized for the fills and recommendations for additional required reinforcement or post-tension design provided based on the results of that testing. 2.Due to the potential for this site to be affected by strong seismic shaking, all proposed construction should be designed in accordance with all applicable seismic design provisions of the recently adopted California Building Code (CBC 2007). 3.Any removals should expose either existing fill soils or native soils exhibiting an in-place relative compaction of at least 90% and have a moisture content of +/- 3% of optimum moisture as determined by ASTM D1557-00 prior to preparing these areas to place fill. The approved removal bottoms should be scarified to a depth of 8 inches, moisture conditioned to near optimum moisture content and compacted to a minimum of 90% of the maximum dry density prior to placing any fill. 4.The removed soils may be reused as fill soils provided they are cleaned of any organics or other deleterious materials. All fill soils should be placed in approximately 6 inch lifts, moisture conditioned as necessary and compacted to a minimum of 95% of the maximum dry density for granular soils and 90% of the maximum dry density for the site soils that are more cohesive and have a higher clay content. The maximum dry densities and optimum moisture contents of the soils utilized for the fills should be determined by ASTM D1557-00 and the in- place densities of the fills should be verified by field density testing. GEO No. 2106 satisfies the requirement for a Geologic Study for Planning / CEQA purposes. GEO No. 2106 is hereby accepted for Planning purposes. This approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. GE002106 Transportation 45. The Transportation Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County- approved guidelines. We generally concur with the findings relative to traffic impacts. The General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to mitigate the project impacts at the following intersections based on the traffic study assumptions. I-215 Southbound Ramps (NS) at: Newport Road (EW) I-215 Northbound Ramps (NS) at: Newport Road (EW) Antelope Road (NS) at: Newport Road (EW) Menifee Road (NS) at: Camino Cristal (EW) Newport Road (EW) Project Driveway #1 (EW) (future) Rockport Road (EW) Loire Valley Lane/Tres Lagos Drive (EW) La Piedra Road (EW) Holland Road (EW) Craig Avenue (EW) Project Driveway #2 (NS) (future) at: Newport Road (EW) Linden Gate Lane/Project Driveway #4 (NS) at: Rockport Road (EW) Laguna Vista Drive (NS) at: Newport Road/Domenigoni Parkway (EW) Project Driveway #3 (future) (EW) Rockport Road (EW) Lindenberger Road (NS) at: Domenigoni Parkway (EW) Leon Road (NS) at: Domenigoni Parkway (EW) As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. TS/CONDITIONS 46. With respect to the conditions of approval for the referenced tentative exhibit, the landowner shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the exhibit to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the Transportation Department. STD INTRO 3(ORD 460/461) 47. The developer shall cause building plans to be submitted to the Department of Building and Safety - Plan Check Division for review. Said plans shall be in conformance with the approved TENTATIVE MAP. SUBMIT BUILDING PLANS 48. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Transportation Department. DRAINAGE 1 49. The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Transportation Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the Transportation Department. DRAINAGE 2 Prior to the Issuance of a Grading Permit Grading 50. 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 Building and Safety department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director and the Environmental Programs Director for review and comment and to the Building and Safety Department Director for approval. Additionally, if the movement of import/export occurs using county roads, review and approval of the haul routes by the Transportation Department will be required. IMPORT/EXPORT 51. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of compliance with the following: "Effective March 10, 2003 owner operators of grading or construction projects are required to comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. Additionally, at the time the county adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. G1.4 NPDES/SWPPP 52. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Department's Grading Division 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 Riverside County.* *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. G2.4GEOTECH/SOILS RPTS 53. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100-year storm flows. Additionally, the Building and Safety Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control & Water Conservation District. G2.7DRNAGE DESIGN Q100 54. 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 herein proposed. G2.14OFFSITE GDG ONUS Flood Control 55. A copy of the project specific WQMP shall be submitted to the District for review and approval. SUBMIT FINAL WQMP 56. 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 a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. SUBMIT PLANS 57. 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. EROS CNTRL AFTER RGH GRAD Planning 58. Prior to issuance of grading permits, the Planning Department shall determine if the deposit-based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. FEE BALANCE Prior to the Issuance of a Building Permit Grading 59. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Grading Division of the Building and Safety Department. G3.iNO B/PMT W/O G/PMT Flood Control 60. 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. SUBMIT PLANS 61. A copy of the project specific WQMP shall be submitted to the District for review and approval. SUBMIT FINAL WQMP Prior to Building Final Inspection Flood Control 62. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@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. 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. BMP— EDUCATION 63. 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. IMPLEMENT WQMP Transportation 64. The project proponent shall be responsible for the construction and installation of all traffic signals listed below unless otherwise noted. Prior to the final building inspection of the first building, the following traffic signal(s) shall be installed and operational: Menifee Road (NS) at Newport Road (EW) (modification for added lanes) with no fee credit given for Traffic Signal Mitigation Fees. or as approved by the Transportation Department. TS/INSTALLATION 65. The project proponent shall provide interconnect between the traffic signal at the intersection of Newport Road/Menifee Road and the signals at the following two intersections: Newport Road (EW) and Laguna Vista Drive (NS) Menifee Road (NS) and Rockport Road (EW) or as approved by the Transportation Department. TS/INTERCONNECT 66. Install streetlights on Newport Road in accordance with the approved street lighting plan and standards of County Ordinances 460 and 461. For projects within IID use IID's pole standard. Street light annexation into LUMD or similar mechanism as approved by the Transportation Department shall be completed. It shall be the responsibility of the Developer to ensure that streetlights are energized along the streets associated with this development where the developer is seeking Building Final Inspection (Occupancy). STREET LIGHTS INSTALL Planning 67. A clearance letter from Riverside County Waste Management District shall be provided to the Riverside County Planning Department verifying compliance with the conditions contained in their letter dated 3/4/08, summarized as follows: a. Since hazardous materials are not accepted at Riverside County landfills, the project proponent shall take any hazardous wastes, including paint used during construction, to facilities that are permitted to receive them in accordance with local, state, and federal regulations. For further information, please contact the Household Hazardous Waste Collection Program at 1-800-304-2226. b. Use mulch and/or compost in the development and maintenance of landscaped areas within the project boundaries. Recycle green waste through either onsite composting of grass (i.e., leaving the grass clippings on the lawn) or sending separated green waste to a composting facility). C. Consider xeriscaping and using drought-tolerant/low-maintenance vegetation in all landscaped areas of the project. If you have any questions, please call Sung Key Ma (Planner) at (951) 486-3283. WASTE MANAGEMENT CLEARANCE 68. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. LIGHTING HOODED/DIRECTED 69. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. COLORS & MATERIALS 70. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Ordinance No. 460, and any other pertinent ordinance. LAND DIVISION REQUIRED 71. Parking for this project was determined primarily on the basis of County Ordinance No. 348, Section 18.12. a.(2).b), General Retail: 1 space/200 sq. ft. of gross floor area; Restaurants: 1 space/45 sq. ft. of serving area; Professional Offices: 1 space/200 sq. ft. of leasable floor area; Child Care Centers: 1 space/500 sq. ft. of gross floor area 48,489 sq. ft. of General Retail area: 242 spaces Restaurant Parking: 130 spaces provided 58,800 sq. ft. of Office: 294 8,915 sq. ft. Child Care Center: 18 Total Parking Required: 684 spaces Total Parking Provided: 713 spaces. BASIS FOR PARKING 72. Signage for this project shall be limited to the signs shown on APPROVED EXHIBITS. Any additional signage shall be approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. LIMIT ON SIGNAGE 73. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. NO OUTDOOR ADVERTISING 74. Construction of this project may be done in three (3) phases as shown on APPROVED EXHIBIT P. Any additional phases, or modifications to the approved phasing, may be permitted provided a plan for each phase of development is submitted to and approved by the Planning Department. Phasing approval shall not apply to the requirements of any agency other than the Planning Department unless otherwise indicated by the affected agency. PHASES ALLOWED 75. The permit holder shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site. RECLAIMED WATER 76. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. NO RESIDENT OCCUPANCY 77. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 45 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. EXTERIOR NOISE LEVELS 78. The permit holder may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee or the permittee's successor-in-interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee's successor-in-interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). NOISE MONITORING REPORTS 79. 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. CAUSES FOR REVOCATION 80. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. CEASED OPERATIONS 81. The following development standards shall apply to the sale of beer, wine, and distilled spirits (alcohol) for off-premises consumption: 82. The owner and the management shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters. 83. No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter. 84. No beer, wine or other alcoholic beverage advertising shall be located in such a manner that would be viewed from the elementary school or dwellings. 85. No displays of beer, wine or other alcoholic beverages shall be located on the exterior of the building or within window areas. 86. Employees selling beer and wine or other alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. a. No sale of alcoholic beverages shall be made from a drive-in window. ALCOHOL RESTRICTIONS 87. Prior to initial occupancy, upon tenant/occupant change, or upon change in industrial use, the permit holder shall provide a letter from the Planning Department to Building & Safety verifying no need for further environmental, hazardous materials or air quality review as a result of the change. IND OCCUPANT CHANGE a. Within the Mt. Palomar Special Lighting Area, as defined in Ordinance No. 655, low pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with shields or cutoff luminares, shall be utilized. MT PALOMAR LIGHTING AREA b. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Planning Department shall require inspections in accordance with the Planning Department's Milestone 90 condition entitled "USE - LNDSCP/IRRIG INSTALL INS." VIABLE LANDSCAPING C. All landscaping plans shall be prepared in accordance with Ordinance 859 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, and Ordinance 348, Section 18.12. Such plans shall be reviewed and approved by the Planning Department, the appropriate maintenance authority, and shall be in conformance with the PRELIMINARY LANDSCAPING plans. LANDSCAPING REVIEW/COMPL d. Enhanced concrete shall be installed within the site as shown on Exhibit A. The type of enhanced concrete shall be approved by the City of Menifee Planning Director. ENHANCED CONCRETE e. Patio areas shall be installed for employees and patrons as shown on Exhibit A. PATIO AREAS f. Bollards shall be installed along the southern boundary of the day care's playground as shown on Exhibit A and W. PROTECTIVE BOLLARDS g. The developer shall prepare and submit disclosure documents to the City of Menifee Planning Department for the major tenants of the shopping center which define the truck circulation routes throughout the site, designate allowable delivery times and warn of citation and/or repercussions of violation of approved routes and delivery and pick up times. Once the disclosure document is approved by the Planning Department, the documents will be distributed to major tenants prior to building occupancy. Large delivery trucks shall only be allowed to make deliveries during off-peak business hours. TRUCK DELIVERIES Prior to a Certain Date Planning 88. 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. 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 one-year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. EXPIRATION DATE-CUP/PUP Prior to the Issuance of a Grading Permit Flood Control 89. This project is a part of Parcel Map No. 35899. The project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with approved plans. PART OF A LARGER PROJECT Transportation 90. A clearance from the Transportation Department is required prior to the issuance of a grading permit. °TRANSPORTATION CLEARANCE Prior to the Issuance of a Building Permit Health 91. A total of three complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. FOOD PLANS REQD Fire 92. Building Plan check deposit base fee of $1,056.00 shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. -#17A-BLDG PLAN CHECK 93. 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 10 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." #4- WATER PLANS Planning 94. A clearance letter from Riverside County Waste Management District shall be provided to the Riverside County Planning Department verifying compliance with the conditions contained in their letter dated 3/4/08, summarized as follows: Prior to issuance of a building permit for EACH building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the Riverside County Waste Management Department for review and approval. The plot plan shall conform to Design Guidelines for Recyclables Collection and Loading Area, provided by the Waste Management Department, and shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/fagade, construction materials, and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. Prior to issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the Waste. Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. Materials can be taken directly to recycling facilities (Riverside County Waste Management Department, Recycling Section, can be contacted directly at 951.486.3200 for a list of facilities), or arrangements can be made through the franchise hauler and/or a construction clean-up business. WASTE MGMT. CLEARANCE 95 Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. CONFORM TO ELEVATIONS 96. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. CONFORM TO FLOOR PLANS 97. Roof mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. ROOF EQUIPMENT SHIELDING 98. A fencing plan shall be submitted showing all wall and fence locations and typical views of all types of fences or walls proposed. This plan shall require anti-graffiti coatings on fences and walls, where applicable. FENCING PLAN REQUIRED 99. Bike rack spaces or bike lockers shall be shown on the project's parking and landscaping plan submitted to the Planning Department for approval. PLANS SHOWING BIKE RACKS 100. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. SCHOOL MITIGATION (1) 101. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. SCHOOL MITIGATION (2) 102. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Ordinance No. 655 and the General Plan. LIGHTING PLANS 103. Prior to issuance of building permits for Conditional Use Permit No. 3581, the Planning Department shall determine the status of the deposit-based fees for project. If the case fees are in a negative state, the permit holder shall pay the outstanding balance. FEE STATUS 104. Performance securities, in amounts to be determined by the Director of Building and Safety 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 Building and Safety. Securities may require review by County Counsel 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. LANDSCAPING SECURITIES 105. Prior to issuance of building permits, the permit holder shall open a Landscape DBF case and deposit the prevailing DBF amount to cover the Six Month and One Year Landscape Inspections. In the event that no Landscape DBF case type is available through the County, then the applicant shall open and deposit sufficient funds into an HR case type at the current prevailing, Board adopted, hourly rate. The amount of hours for the Six Month and One Year Landscape Inspections will be determined by the County Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. LANDSCAPE INSPECTION 106. Prior to issuance of building permits, seven (7) 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 requirements of Ordinance No. 859 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, 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. PARKING/LN DSCPNG PLAN 107. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. LIGHTING HOODED/DIRECTED 108. Landscaping and Irrigation Plan to the County Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to County 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 Section 18.12, Sections 19.300 through 19.304, and the conditions of approval. . The plan shall show all common open space areas. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping, and individual front yard landscaping). 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 Ordinance No. 859 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, 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 Transportation Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Building & Safety 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. LANDSCAPE PLOT PLAN 109. The applicant shall notify the Planning Department that the following documents shall be submitted to the Office of the County Counsel and submit said documents to Planning Department for review along with the current fee, which documents shall be subject to County Counsel review: a. A cover letter identifying the project for which approval is sought; b. A signed and notarized declaration of covenants, conditions and restrictions; C. A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours at the current hourly rate for the Review of Covenants, Conditions and Restrictions as established pursuant to Ordinance No. 671 at the time the above documents are submitted for review by County Counsel. e. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of 60 years, b) provide reciprocal easements for ingress, egress and parking, c) provide for the establishment of a maintenance operator, and d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The Maintenance Operator established herein shall manage and continuously maintain the common areas within the site, including but not limited to the 'landscape area' and detention basin more particularly described on Exhibit 'L', attached hereto. The Maintenance Operator shall have the right to assess the owners of each individual parcel for the reasonable cost of maintaining such 'landscape area' and detention basin and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended, or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in- interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' or any reciprocal easement established pursuant to the Declaration." Once approved by the Office of County Counsel, the declaration of covenants, conditions and restrictions shall be recorded by the Planning Department with one copy retained for the case file, and one copy provided to the County Transportation Department - Survey Division. CC&R C/I MO COMMON AREA f. The enhanced concrete, patio areas and protective bollards shall be installed within the site as shown on EXHIBIT A. SITE DESIGN ELEMENTS Transportation 110. Prior to the issuance of a building permit, the project proponent shall comply with County requirements within public road rights-of-way, in accordance with Ordinance 461. Assurance of maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated and/or any other maintenance district approved by the Transportation Department. Said annexation should include the following: a. Landscaping on Newport Road. b. Streetlights on Newport Road. C. Traffic signals located per 90.TRANS.1 condition. d. Street sweeping. e. For street lighting, the project proponent shall contact the Transportation Department L&LMD 89-1-C Administrator and submit the following: f. Completed Transportation Department application. g. Appropriate fees for annexation. h. Two (2) sets of street lighting plans approved by Transportation Department. L A "Streetlight Authorization" form from SCE, or other electric provider. ANNEX L&LMD/OTHER DIST 111. A separate street light plan is required for this project on Newport Road. Street lighting shall be designed in accordance with County Ordinance 460 and Streetlight Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No. 1000 or No. 1001. LIGHTING PLAN 112. Landscaping within public road right-of-way shall comply with Transportation Department standards and Ordinance 461 and shall require approval by the Transportation Department. Landscaping plans shall be designed within Newport Road, and submitted to the Transportation Department. Landscaping plans shall be submitted on standard County plan sheet format (24" x 36"). Landscaping plans shall be submitted with the street improvement plans. Assurance of continuous maintenance is required by processing and filing a 'Landscape Maintenance Agreement' through the Transportation Department Plan Check Division; or if desired the developer may file an application for annexation into Landscaping and Lighting Maintenance District No. 89-1-Consolidated by contacting Judy Watterlond, Transportation Department at (951) 955-6829. LANDSCAPING/TRAIL COM/IND Prior to Building Final Inspection Grading 113. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. G4.3PAVING INSPECTIONS Health 115. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. HAZMAT BUS PLAN 116. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. HAZMAT REVIEW 117. Contact the Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. HAZMAT CONTACT Fire 119. 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. #45-FIRE LANES 120. Install a complete fire sprinkler system per NFPA 13 2002 edition 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. #12A-SPRINKLER SYSTEM 121. (CHILD CARE BUILDING) Applicant or developer shall be responsible to install a manual and automatic Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to installation. #83- AUTO/MAN FIRE ALARM 122. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall 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. #27-EXTINGUISHERS 123. 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 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 this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. (* Separate fire alarm plans. must be submitted for connection) #36- HOOD DUCTS Flood Control 124. 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. BMP MAINTENANCE & INSPECT Planning 125. A clearance letter from Riverside County Waste Management District shall be provided to the Riverside County Planning Department verifying compliance with the conditions contained in their letter dated 3/4/08, summarized as follows: Prior to final building inspection for EACH building, the applicant shall construct the recyclables collection and loading area in compliance with the Recyclables Collection and Loading Area plot plan, as approved and stamped by the Riverside County Waste Management Department and as verified by the Riverside County Building and Safety Department through site inspection. Prior to issuance of an occupancy permit, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP shall be presented by the project proponent to the Planning/Recycling Division of the Riverside County Waste Management Department in order to clear the project for occupancy permits. WASTE MGMT CLEARANCE 126. A minimum of 713 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 and/or porous pavement to current standards as approved by the Department of Building and Safety and Riverside County Flood Control District. PARKING PAVING MATERIAL 127. A minimum of fourteen (14) accessible parking spaces for persons with disabilities shall be provided as shown on APPROVED EXHIBIT A. 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. ACCESSIBLE PARKING 128. A minimum of four (4) loading spaces shall be provided in accordance with Section 18.12.a. (2)f(3).b. of Ordinance 348, and as shown on APPROVED EXHIBIT A. The loading spaces shall be surfaced with six (6) inches of concrete over a suitable base and shall not be less than 10 feet wide by 35 feet long, with 14 feet vertical clearance. LOADING SPACES 129. Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. ROOF EQUIPMENT SHIELDING 130. A bicycle rack with a minimum of 42 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. INSTALL BIKE RACKS 131. 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 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. UTILITIES UNDERGROUND 132. 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. CURBS ALONG PLANTERS 133. Six (6) trash enclosures which are adequate to enclose a minimum of thirteen (13) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be made with [masonry block] [chain link fencing] [landscaping screening] and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. TRASH ENCLOSURES 134. All existing outdoor advertising displays, signs or billboards shall be removed. REMOVE OUTDOOR ADVERTISE 135. Wall and/or fence locations shall be in conformance with APPROVED EXHIBIT A. WALL & FENCE LOCATIONS 136. If the project has been phased, 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. PHASES MUST BE COMPLETE 137. The Department of Building and Safety 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. CONDITION COMPLIANCE 138. 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, 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 Conditional Use Permit No. 3581 is calculated to be 14.04 net acres. In the event Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Riverside County 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. ORD 810 O S FEE (2) 139. 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, which requires the payment of the appropriate fee set forth in the Ordinance. Riverside County Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and installation of facilities and the acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development project 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 Conditional Use Permit No. 3581 has been calculated to be 14.04 net acres. In the event Riverside County Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. USE - ORD NO. 659 (DIF) 140. 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 with the Planning Department's Milestone 80 conditions entitled "USE-LANDSCAPING SECURITIES and LANDSCAPE INSPECTION DEPOSIT," both the County 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. LNDSCPE/IRRIG INSTALL 141. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Ordinance No. 859 (as adopted and any amendments thereto), and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department through the implementation of the Department's Milestone "USE - LNDSCP/IRRIG INSTALL INS." 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. COMPLY W/ LNDSCP/IRR PLN 142. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. LIGHTING HOODED/DIRECTED 143. Prior to building permit occupancy, the installation of the enhanced concrete, patio areas, and protective bollards within the site as shown on Exhibit A shall be verified by the Planning Department. SITE DESIGN ELEMENTS 144. The developer shall prepare and submit disclosure documents to the City of Menifee Planning Department for the major tenants of the shopping center which define the truck circulation routes throughout the site, designate allowable delivery times and determine citations and/or repercussions for violation of approved routes and delivery and loading times. Once the disclosure document is approved by the Planning Department, the documents will be distributed to major tenants. TRUCK DELIVERIES 145. Sign(s) stating that "EXTENDED IDLING TRUCK ENGINES IS NOT PERMITED" shall be located at the loading areas for all major tenants, including, but not limited to the market and drug store, as shown on APPROVED EXHIBIT A. The sign(s) at the entrance to facility shall not be less than twenty-four inches square and will provide directions to truck parking spaces with electrical hookups. The hookups will provide power for refrigerated trailers that need to be parked on-sight for more than 15 minutes. EXTENDED TRUCK IDLING Transportation 146. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Transportation Department. Completion of road improvements does not imply acceptance for maintenance by County. IMP PLANS 147. The street design and improvement concept of this project shall be coordinated with PM35899. ST DESIGN/IMP CONCEPT 148. A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by County forces with all incurred costs borne by the applicant, unless otherwise approved by the County Traffic Engineer. SIGNING & STRIPING 149. On existing curb and gutter, new driveways, closure of existing driveways, sidewalks and/or drainage devices within County right-of-way, including sewer and water laterals on Menifee Road, Newport Road, Laguna Vista Drive, and Rockport Road shall be constructed within the dedicated right- of-way in accordance with County Standards, Ordinance 461. Such construction shall be shown on existing street improvement plans and approved and permitted by the Transportation Department. NOTE: 1. Driveways shall be constructed in accordance with County Standard No. 207A. 2. Construct AC pavement for acceleration/deceleration lane (right- in/-out lane) at the proposed driveway on Newport Road as directed and approved by the Director of Transportation. EXISTING CURB & GUTTER 150. Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated, and/or any other maintenance district approved by the Transportation Department for continuous maintenance within public road rights-of-way, in accordance with Ordinance 461. Said annexation should include the following: (1) Landscaping on Newport Road. (2) Streetlights on Newport Road. (3) Traffic signals. (4) Street sweeping ANNEX L&LMD/OTHER DIST1 151. Prior to the time of issuance of a Certificate of Occupancy or upon final inspection, whichever occurs first, the project proponent shall pay fees in accordance with Zone "E-2" of the Menifee Valley Road and Bridge Benefit District. The project net acreage is 14.04 acres. R & B B D 152. The land divider shall comply with the Riverside Transit Authority recommendations as outlined in their letter dated May 29, 2008. RIV. TRANSIT AUTHORITY 153. Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. WRCOG TUMF 154. Prior to OCCUPANCY, the project proponent shall submit to Transportation Department Permits the following: 1. "Streetlight Authorization" form approved by L&LMD No. 89-1-C Administrator. 2. Letter establishing interim energy account from SCE, or other electric provider. STREETLIGHT AUTHORIZATION