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PC09-003Resolution No. 09-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL OF PLOT PLAN NO. 19469 REVISED PERMIT NO. 1 Whereas, the applicant, Kensington West, LLC., filed a formal application with the County of Riverside for Plot Plan No. 19469 Revised Permit No. to revise the previously approved Plot Plan No. 19469 for senior apartments, by reducing the number of apartment buildings to 26 and increasing the density of the buildings by allowing for 154 one -bedroom units and 68 two -bedroom units for a total of 221 units that make up the Kensington Apartments; and Whereas, on September 8, 2009, the City of Menifee Planning Commission considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 600 feet of the project site boundaries; and Whereas, on September 8, 2009, based upon the materials at the public hearing the City of Menifee Planning Commission made the following findings for Plot Plan No. 19469 Revised Permit No. 1: 1. The proposed senior apartment complex is a permitted use in the Community Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre) designation. 2. The project site is located within the Highway 79 Policy Area which establishes guidelines to ensure that overall trip generation from residential development within the policy area produce traffic generation at a level that is 9% less than the trips projected from the General Plan traffic model residential land use designations. The County Transportation Department reviewed the proposed project and determined that the project is consistent with the Highway 79 Policy Area. The proposed project is anticipated to generate fewer than 100 trips in either the AM or PM peak hours. 3. The project site is surrounded by properties which are designated Community Development: Very High Density Residential (CD: VHDR) (14-20 dwelling units per acre) to the north, Rural: Rural Mountainous (R: RM) (10 Acre Minimum) to the south, and Community Development: Medium Density Residential (CD: MDR) (2-5 dwelling units) to the east and beyond Interstate 215 to the west. 4. The zoning for the subject site is Multiple Family Dwellings (R-2). 5. The proposed senior apartment complex is a permitted use, subject to approval of a plot plan in the Multiple Family Dwellings (R-2) zone. 6. The proposed senior apartment complex is consistent with the development standards set forth in the Multiple Family Dwellings (R-2) zone. 7. The project site is surrounded by properties which are zoned Multiple -Family Dwellings (R-2) to the north, Residential Agricultural — 10 acre minimum (R-A-10) to the south, One -Family Dwellings (R-1) to the east and beyond Interstate 215 to the west, and Scenic Highway Commercial (C-P-S) to the northwest. 8. Multiple family residential units have been constructed and are operating in the project vicinity. 9. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 10. Environmental Assessment No. 41975 was prepared for the proposed project. Environmental Assessment No. 41975 determined that the proposed project could not have a significant effect on the environment and a Negative Declaration was prepared. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Plot Plan No. 19469 Revised Permit No. 1 is hereby approved and is subject to the Conditions of Approval in Exhibit 1" to this resolution. PASSED, APPROVED AND ADOPTED this the 8th day of September, 2009, by the following vote: r AYES: NOES: ABSEN . U ABSTAIN:yt I Attest: Kathy Bennett, City Clerk & Planning Commission Secretary EXHIBIT "1" Conditions of Approval Plot Plan No. 19469 Revised Permit No. 1 Kensington Apartments Conditions of Approval for PP19469R1 Every Department General Conditions The use hereby permitted is for the first revised permit for Plot Plan No. 19469 which was originally approved in April of 2006 for a senior apartment complex consisting of 31 apartment buildings (25 one-story buildings and 6 two-story buildings) with 148 dwelling units, a club house with swimming pool, putting green, pitching tee and shuffle board area and 305 parking spaces. The revised permit is proposing to reduce the number of apartment buildings to 26 and increase the density of the buildings by allowing for 154 one -bedroom units and 67 two -bedroom units for a total of 221 units. Buildings 11-13 and 20-23 are proposed for "12-Plex" buildings and will be two -stories in height (previously approved for one-story). Buildings 24-26 are proposed for "15 Plex" Buildings and will be three -stories in height (previously approved for one-story). The project now proposes 381 parking spaces (210 garage spaces, 54 covered spaces, and 117 non -covered spaces). The project site is currently being graded per PP19469 approval. Any approval for use of or development on this property that was made pursuant to PP19469 shall become null and void upon final approval of PP19469R1 by the City of Menifee. 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. 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. This approval shall be used within two (2) years of 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 a two (2) year period which is thereafter diligently pursued to completion or of 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 request in which to use this plot plan. A maximum of three one-year extension of time requests shall be permitted. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. If the use changes from apartments to condominiums, approval for revisions under conversion procedures will be required. The project is restricted to senior housing, which is considered persons aged fifty- five (55) years or older. A revised permit will be required to remove the senior housing restriction. 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. 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 Plot Plan 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 Environmental Assessment No. 41975, General Plan Amendment No. 1057 and Plot Plan No. 19469 Revised Permit No. 1. 3. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 19469 Revised Permit No. 1 shall be henceforth defined as follows: (a) APPROVED EXHIBIT A = Site Plan of Plot Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated March 24, 2009. (b) APPROVED EXHIBIT B = Elevations and Floor Plans (Sheets 1-31) of Plot Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated October 7, 2008. (c) APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated March 24, 2009. (d) APPROVED EXHIBIT L = Landscaping Plans (Sheets 1-9) for Plot Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated March 24, 2009. (e) APPROVED EXHIBIT M = Colored Elevations for Plot Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated October 7, 2008. 4. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the possible changes in development fees and understands that the fees charged will be those which apply at the time specified in the fee. 6. 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. Planning Department General Conditions 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable City of Menifee ordinances, Eastern Riverside County ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 13. 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. 14. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. The project site is located within the Mt. Palomar Special Lighting Area, as defined in Ordinance No. 2009-024, low pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with shields or cutoff luminares, shall be utilized. 15. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 16. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12. a.(2).b), Residential Use, Multiple Family. 17. 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. All existing outdoor advertising displays, signs or billboards shall be removed. 18. 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. 19. The project shall conform to the Countywide Design Standards and Guidelines, adopted January 13, 2004. 20. Every person conducting a business within the City of Menifee, as defined in Ordinance No. 857, shall obtain a business license. For more information regarding business registration, contact the City Clerk. 21. Drought tolerant and native plant species shall be preferred over non -drought tolerant and non-native species. However, the quantity and extent of those species shall depend on the project's climatic zones. Alternative types of low volume irrigation are encouraged to be used in order to conserve water. 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 prior to building final inspection landscaping installation and inspection condition. All landscaping plans shall be prepared in accordance with Ordinance 859 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Ordinance 348, Section 18.12, or other standard as adopted by the City. 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. 22. Grading shall be conducted consistent with SSR# 672 submitted for the original Plot Plan No. 19469: County Slope Stability Report (SSR) No. 672 was prepared for this project (PP19469) by SID Geotechnical, Inc. and is entitled: "Slope Stability Evaluation Report, County Plot Plan 19469 (Amendment 1), Southwest Corner of Tate and Bavaria, Sun City Area, Riverside County, California", dated October 6, 2004. In addition, SID provided the following documents for this project: Office Memorandum dated March 2, 2005 in response to previous comments made with regard to SSR No. 672. "Response to Review Comments No. 2 Dated march 9, 2005, County Slope Stability Report (SSR) No. 672 County Plot Plan 19469 Southeast Corner of Tate and Bavaria, Sun City Area, Riverside County, California", dated May 18, 2005. These documents are herein incorporated as a part of SSR No. 672. SSR No. 672 concluded: The proposed 28 feet high 2:1 fill slope and crib wall configuration along the western boundary of the site is considered stable with a static and pseudo -static safety factor of 1.7 and 1.4, respectively. Surficial slope stability of the 2:1 slope indicate a factor of safety of 1.56. The proposed cut slopes are expected to be grossly stable as designed. Slope stability analysis of a 2:1 fill slope up to 40 feet high exhibited a safety factor in excess of 1.5. SSR No. 672 recommended: Fill slopes should be properly keyed and benched in accordance with the California Building Code. The project engineering geologist or their representative should observe and inspect all cut slopes during grading to assure that anticipated geologic structure and conditions are exposed. SSR No. 672 satisfies the requirement for a slope stability assessment for planning purposes. Final approved of SSR No. 672 is hereby granted for planning purposes. Engineering and other Uniform Building Code parameters where not included as a part of this review or approval and this approval is not intended, and should not be misconstrued as approval for grading permit. Additional fieldwork, analysis and reporting may be required as part of the grading plan application process. 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. 23. No signs are approved pursuant to this project approval. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted to and approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. 24. Fire Facilities Dedication. All fire facilities required by the project shall be dedicated to the City of Menifee. 25. Park Dedications. All parklands must be annexed into a Lighting and Landscape Maintenance district required for park maintenance, or other mechanism as determined by the City of Menifee and must be completed before building permit issuance. 26. All Quimby fees for parkland and park improvements dedicated to the City must be paid to the City of Menifee. 27. In accordance with Ordinance No. 810, to assist in providing revenue to acquire and preserve open space and habitat, an Interim Open Space Mitigation Fee shall be paid for each development project or portion of an expanded development project to be constructed in Western Riverside County. The amount of the fee for commercial or industrial development shall be calculated on the basis of "Project Area," which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. Any area identified as "NO USE PROPOSED" on the APPROVED EXHIBIT shall not be included in the Project Area. 28. During the construction of the project and thereafter, the Developer and any successor owner of the project shall maintain the drainage facilities as shown on approved exhibit A, to the standards required by Regional Water Quality and/or the City of Menifee; shall enter into a written agreement with Barrington Heights Homeowner's Association for the ongoing maintenance of the first flush basin located on Developer's property, which maintenance shall be to the same standards; and shall maintain the parkway on Bavaria Drive adjacent to the project site. 29. The project driveway across from Tate Road shall be right -in and right -out only. A stop sign shall be placed at the right -out driveway. Prior to Issuance of Grading Permit 30. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 20 acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 31. No grading permits shall be issued until General Plan Amendment No. 1057 has been approved and adopted by the Menifee City Council and has been made effective. This permit shall conform with the development standards of the designations and/or zones ultimately applied to the property. 32. Prior to the issuance of grading permits for Plot Plan No. 19469 Revised Permit No. 1, the Planning Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. 33. Prior to the issuance of grading permits for Plot Plan No. 19469 Revised Permit No. 1, the applicant/developer shall provide evidence that any code violations have been remedied within the project site. Prior to Issuance of Building Permit 34. The permittee shall have four (4) copies of a certified acoustical study performed by a professional acoustician prepared which outlines methods by which interior sound levels within the principal buildings of the proposed use will be maintained at no more than 45 db(A) and that airborne sound insulation methods will comply with Chapter 35 of the Uniform Building Code. The study shall be submitted to the Health Services Agency, Office of industrial Hygiene for review and comment (the permittee may be assessed review fees not to exceed the Agency's hourly rate) and shall forward the study along with any comments of the Health Service Agency and corrections to the Planning Department for approval. 35. 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. 36. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 37. Roof mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. 38. All dwelling units shall have a minimum floor living area of not less than 750 square feet excluding porches, garages, patios or similar features whether attached or detached. The permittee shall demonstrate to the satisfaction of the Planning Director and the Director of the Department of Building and Safety that construction plans comply with all dwelling unit minimum floor living area regulations. 39. A maximum of two -hundred and twenty-one (221) dwelling units are allowed under this permit. 40. 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. 41. Bike rack spaces or bike lockers shall be shown on the project's parking and landscaping plan submitted to the Planning Department for approval. 42. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 43. 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. 2009-024 and the General Plan. 44. Prior to issuance of building permits for Plot Plan No. 19496R1, 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. 45. 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 the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 46. The land divider/permit holder shall file six (6) sets of a Landscaping and Irrigation Plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with Section 18.12, Sections 19.300 through 19.304., and the conditions of approval for the parent permit or plot plan. The plan shall show all common open space areas and label those open space areas regulated/or conserved by the prevailing MSHCP. 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 low water using. (a) 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, Ordinance No. 348, Section 18.12, or other standard as adopted by the City. (b) 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 Planning Department for review by the landscape division. 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. 47. Prior to issuance of building permits, the permit holder shall deposit the prevailing DBF amount to cover the Initial, Six Month and One Year Landscape Inspections. In the event that no Landscape DBF case type is available through the City, then the applicant shall open and deposit sufficient funds into an FEE ONLY case type at the current prevailing, Board adopted, hourly rate. The amount of hours for the Initial, Six Month and One Year Landscape Inspections will be determined by the Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. This condition does not apply to front yard typicals and models. 48. Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy trees along streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -staked and secured with non -wire ties. 49. Prior to the issuance of building permits for Plot Plan No. 19469 Revised Permit No. 1, the applicant/developer shall provide evidence that any code violations have been remedied within the project site. 50. Prior to issuance of the first building permit for the project, the developer shall submit CC&Rs for review and approval to the City Attorney. The CC&Rs shall include provisions restricting occupancy of the project to senior only housing, which is considered person aged 55 years or older. Prior to Final Inspection 51. All dwelling units shall have a minimum floor living area of not less than 750 square feet. All buildings and structures shall comply with approved construction plans that are designed in accordance with this condition. 52. The permit holder shall construct and design the project in compliance with the recommendations of an approved acoustical study, as reviewed and, as the case may be, modified by the Department of Environmental Health, Office of Industrial Hygiene and approved by the Planning Department. The permit holder may be required to submit to the Planning Department a written certification from a state licensed professional that the project was constructed in compliance with the recommendations of the approved acoustical study. The Planning Department may require further inspection by staff to assure project compliance with this condition of approval. 53. A minimum of three -hundred and eighty-one (381) parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous pavement to current standards as approved by the Department of Building and Safety. 54. A minimum of nine (9) 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: (a) "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 (b) 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. 55. A minimum of two -hundred and sixty-four (264) parking spaces shall be covered by a carport or enclosed garage. 56. Roof -mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. 57. 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. 58. 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. 59. Seven (7) trash enclosures which are adequate to enclose a minimum of fourteen (14) 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 architecturally enhanced be a minimum of six (6) feet in height and shall be made with masonry block with 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. A clearance letter from Riverside County Waste Management District shall be provided to the Planning Department verifying compliance with the conditions contained in their letter dated June 23, 2004, summarized as follows: The developer shall provide adequate areas for collecting and loading recyclable materials such as paper products, glass and green waste in commercial, industrial, public facilities and residential development projects. 60. The permit holder shall present certification to the Director of the Department of Building and Safety that payment of parks and recreation fees and/or dedication of land for park use in accordance with Section 10.35 of Ordinance No. 460 has taken place. Said certification shall be obtained from an entity acceptable to the Community Development Director. 61. Wall and/or fence locations shall be in conformance with APPROVED EXHIBIT A. 62. 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. 63. All swimming pools and spas shall be properly enclosed with minimum five (5) foot high fencing and self -latching gates as required by the state building code (Title 24), notwithstanding any other provisions of Ordinance No. 421 to the contrary. Commercial/Public Swimming pools and spas shall provide or access by physically -handicapped persons. 64. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection, whichever comes first, the applicant shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary, depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 20 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 65. 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. 66. The permit holder shall prepare and submit a written report to the City of Menifee Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and E.A. No. 41975. The Planning Director may require inspection or other monitoring to ensure such compliance. 67. 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 Ordinance No. 810, which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 19469 Revised Permit No. 1 is calculated to be 19.7 net acres. In the event Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 68. 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 Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and 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. (a) The amount of the fee for commercial or industrial development shall be calculated on the basis of the "Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 19469 Revised Permit No. 1 has been calculated to be 19.7 net acres. (b) In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 69. 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 prior to building permit issuance landscape deposit condition both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 70. 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 Planning Department's prior to building final inspection landscaping install and inspect condition. 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. 71. Prior to occupancy, the club house, pool, putting green, pitching tee and shuffle board area shall be constructed and a permanent maintenance mechanism/entity shall be in place to undertake responsibilities for maintaining the facilities. 72. Prior to the certificate of occupancy for the first unit, Applicant/Developer shall complete annexation to City Landscape and Lighting Maintenance District No. 89- 1 (L&LMD) for the following purposes: as a dormant assessment district to back up developers performance of the condition set out in # 28 above, which assessments shall be approved at a level determined to be sufficient for ongoing maintenance of the drainage facility, first flush basin and parkway but which shall be levied at $0/year until such time as Developer or its successor shall fail to maintain such improvements to the appropriate standards as determined by City. Developer shall form such L&LMD through the Riverside County Transportation Agency, attention Judy Watterlond, who provides such services under contract to the City, and shall follow the procedures set out for such annexation by that Agency, including but not limited to the payment of the $2,500 cost. The Developer/Applicant shall request, fund and form a L&LMD or other appropriate assessment district to fund the operation and maintenance of the drainage facitily. 73. Prior to building final inspection for Plot Plan No. 19469 Revised Permit No. 1, the applicant/developer shall provide evidence that any code violations have been remedied within the project site. Engineering Department General Conditions 74. 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. 75. 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. 76. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 77. 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. 78. 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). 79. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 80. A slope stability report shall be submitted and approved by the County Geologist for all proposed cut or fill slopes steeper than 2:1 (horiz. to vert.) or over 30' in vertical height - unless addressed in a previous report. 81. 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. (a) 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. 82. Minimum drainage grade shall be 1 % except on portland cement concrete where .35% shall be the minimum. 83. Provide drainage facilities and terracing in conformance with the Uniform Building Code's chapter on "EXCAVATION & GRADING". 84. Observe slope setbacks from buildings & property lines per the Uniform Building Code as amended by Ordinance 457. 85. All off-street parking areas which are conditioned to be paved shall conform to Ordinance 457 base and paving design and inspection requirements. 86. 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. 87. 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. 88. 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. 89. 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. 90. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 91. A recorded easement is required for lot to lot drainage. 92. 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" (N01), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. (a) For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. (b) 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. 93. The Transportation Department has not required a traffic study for the subject project. The Transportation Department has determined that the project is exempt from traffic study requirements. 94. 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. 95. If the existing right-of-way along Bavaria Drive exceeds that which is required for this project, the project proponent may submit a request for the vacation of said excess right-of-way. Said procedure shall be as approved by the City of Menifee City Council. If said excess or superseded right-of-way is also County -owned land, it may be necessary to enter into an agreement with the County or its purchase or exchange. Prior to Issuance of Grading Permit 96. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 97. 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. 98. 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. (a) 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. 99. 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. (a) For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. (b) 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. 100. 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. 101. A clearance from the Transportation Department is required prior to the issuance of a grading permit. Prior to Issuance of Building Permit 102. 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. 103. Prior to issuance of a building permit, a Community Facilities District (CFD) or other funding mechanism acceptable to the Transportation Department shall be formed and ready to fund for the construction of the ultimate improvements to the 1-215/Newport Road Interchange, as determined by the Transportation Department. 104. Prior to issuance of a building permit or any use allowed by this permit, and prior to doing any work within the State highway right-of-way, clearance and/or an encroachment permit must be obtained by the applicant from the District 08 Office of the State Department of Transportation in San Bernardino. Prior to Final Inspection 105. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 106. Bavaria Drive along project boundary is designated as a Local road and shall be improved with 29 feet (18' on the project side and 11' on the opposite side of the centerline) of asphalt concrete pavement, 6" concrete curb and gutter and sidewalk within a 60 foot full -width dedicated right-of-way in accordance with County Standard No. 105, Section "A". (Modified for right-of-way and location of sidewalk.) (a) NOTE: 1. The curb and gutter and a portion of the pavement on Bavaria Drive northerly of this site will be reconstructed to eliminate an existing knuckle. 1. 2. A 6' sidewalk shall be constructed adjacent to the curb line within the 12' parkway. 2. Driveways shall be constructed per County Standard No. 207A. 107. 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 Transportation Department. Completion of road improvements does not imply acceptance for maintenance. 108. 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 City forces with all incurred costs borne by the applicant, unless otherwise approved by the Traffic Engineer. 109. 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. 110. The project proponent shall comply in accordance with landscaping requirements within public road rights -of -way, in accordance with Ordinance 461. Landscaping shall be improved within Bavaria Drive. Landscaping plans shall be submitted on standard County plan sheet format (24" x 36"). Landscaping plans shall be submitted within the street improvement plans. If landscaping maintenance to be annexed to County Service Area, or Landscaping and Lighting Maintenance District, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights -of -way. 111. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with Ordinance 460 and 461, or as approved by the Transportation Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Transportation Department for verification purposes. 112. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Transportation Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. (a) A certificate should be obtained from the pertinent utility company and submitted to the Department of Transportation as proof of completion. 113. The project proponent, by his/her design, is requesting a vacation of the existing dedicated rights -of -way of the sliver at the Bavaria Drive knuckle. (a) The project proponent shall apply under separate application with the County Surveyor for a conditional vacation of the sliver, and receive a City Council decision. Should the City Council fail to approve said vacation request, the project proponent shall re -design the project, utilizing the existing rights -of -way. Flood Control General Conditions 114. Plot Plan No. 19469, Revision No. 1, is a proposal to develop an approximately 20-acre site as a multi -unit senior apartment complex that includes the usual associated amenities such as a recreational building, swimming pool, etc. The site is located in the Sun City area adjacent to the 1-215 freeway at the south end of Bavaria Drive. A previous rendition of this plot plan was issued conditions of approval in October of 2004. The proposal was for 31 apartment buildings while the latest proposal (Revision No. 1) combines several of the buildings leaving only 27 apartment buildings but with multiple stories thereby increasing the density of the project. However, the overall footprint of the site remains largely unchanged. Offsite flows from a large watercourse impact this development at the northeast corner. Tract No. 29072-1, a residential development east of this site, constructed the District's Sun City Regent Lane Storm Drain (Project No. 4-0-0154), which previously outletted on the project site. Improvement plans for PP19469 were approved and flood control facilities have been constructed. Based on the approved plans, Regent Lane Storm Drain was extended northwesterly approximately 150 feet where it enters a concrete inlet channel/storm drain built by another development. The District does not maintain this downstream inlet channel or storm drain. Onsite runoff would be collected and conveyed by curb and gutter, ribbon gutters and catch basins. Low flows would be routed to water quality swales and storm flows conveyed to either the storm drain at the northeast corner of the site or to an outlet along the western boundary of the site. In order to obtain water quality standards certification from the Regional Board, the developer of TR 29072 proposed a first flush basin with a forebay to be constructed within this project site. An 8 inch bleeder pipe was connected to the Sun City Regent Lane Storm Drain to intercept first flush flow from TR 29072 and divert it to the forebay of the first flush basin. The forebay, as constructed, was not free draining and there were complaints it was becoming a vector (mosquito) problem. District staff visited the site and confirmed that water was not draining out of the forebay. A solution to remove the forebay and construct a spreader structure in the forebay location was proposed by Mr. Robert Love (this project's developer) and approved by the Army Corps of Engineers. As part of this improvement, the developer of this project replaced the forebay with a spreader structure. A new bleeder pipe was also installed to convey first flush storm runoff from TR 29072 and discharge it into this spreader which in turn outlets into the first flush basin. To mitigate the development's impact to water quality, the applicant has submitted a preliminary project specific Water Quality Management Plan (WQMP). Enhanced vegetated swales are to be utilized as Treatment Control Best Management Practices (BMPs). The submitted WQMP appears to be adequate for this phase of development. Since the site has already been graded, a final WQMP shall be submitted prior to building permit issuance. It should be noted that one of the enhanced vegetated swales would be located within the easement of the first flush basin mentioned above. It is not clear whether the easement has been recorded or whether the easement precludes such uses. Regardless, the proposed enhanced swales would not interfere with the function of the first flush basin. 115. 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. 116. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 117. 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. 118. This project proposes BMP facilities that will require maintenance by public agency. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the District. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. The developer shall complete formation of an L&LMD to maintain the facilities included for TR29072-1. 119. 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: (a) www.floodcontrol.co.riverside.ca.us under Programs and Services, Stormwater Quality. (b) To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to (i) identify potential post -project pollutants and hydrologic impacts associated with the development; (ii) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and (iii) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. The developer has submitted a report that meets the criteria for a Preliminary Project Specific WQMP. The report will need to be revised to meet the requirements of a Final Project Specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 120. 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. 121. Where side slopes leading down to water quality swales are steeper than 4:1, guardrails shall be provided at the top of the slope. Prior to Issuance of Building Permit 122. 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. 123. A copy of the project specific WQMP shall be submitted to the District for review and approval. 124. 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 of this case, an acceptable financial mechanism shall 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 City. 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. 125. 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. Prior to Final Inspection 126. 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. 127. 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. 128. 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. Fire Department General Conditions 129. Blue retro-reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 130. Minimum required fire flow shall be 2000 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 V-A construction per the 2007 CBC and Building(s) having a fire sprinkler system. 131. A combination of on -site and off -site super fire hydrant(s) (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. 132. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38 foot turning radius shall be used. 133. Gate(s) shall be automatic operated, minimum 20 feet in width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system Prior to Issuance of Building Permit 134. Building Plan check deposit based 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. 135. 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. (a) Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Prior to Final Inspection 136. 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. 137. Display Boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit members, and fire hydrant locations within dimension and located next to roadway access. The minimum size shall be no less than 4 feet x 4 feet. 138. 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. (a) 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 139. 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. 140. 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. 141. (REC CENTER) 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. (a) 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) Health Department General Conditions 142. Plot Plan#19469 proposes Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. (a) Any existing septic system(s) and/or well(s) must be properly removed or abandoned under permit with the Department of Environmental Health (DEH). Prior to Issuance of Building Permit 143. A set of three complete plans for the swimming pool / spas must be submitted to District Environmental Services (DES) to verify compliance with the California Administrative Code, the California Health and Safety Code and the Uniform Plumbing Code. Please contact DES at (951) 358-5172 for further information. The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print)