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PC10-029Resolution No. 10-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL TO THE CITY COUNCIL OF PLOT PLAN #2009-051 FOR THE HERITAGE SQUARE SHOPPING CENTER. Whereas, in March 28, 2007, the applicant, Heritage Square, filed a formal application with the County of Riverside for Conditional Use Permit #3549 to allow the use of commercial shopping center to include a gas station, car wash and alcohol sales for off site consumption. Whereas, on July 22, 2009, upon transfer of the project to the City of Menifee for processing and the request was assigned a new case number: Plot Plan No. 2009-051; and, Whereas, on January 12, 2010, the Planning Commission held a duly noticed public hearing on Plot Plan No. 2009-051, 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. Whereas, at the January 12, 2010 Planning Commission public hearing, the project was continued without discussion in order to allow staff to address comments received from the South Coast Air Quality Management District; and, Whereas, on March 23, 2010, the Planning Commission held a subsequent public hearing on Plot Plan No. 2009-051, 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, at the March 23, 2010 Planning Commission public hearing, the project was continued with discussion; and, Whereas, on April 27, 2010, the Planning Commission held a subsequent public hearing on Plot Plan No. 2009-051, considered public testimony and materials in the staff report and accompanying documents, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the April 27, 2010 Planning Commission public hearing, the Commission found that: 1. The proposed use conforms to all the requirements of the General Plan and all applicable requirements of State law, the ordinances of Riverside County as adopted by the City of Menifee and any new ordinances adopted by the City. 2. The project site is designated Community Development: Commercial Retail (CD:CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Valley Area Plan. 3. The proposed use, shopping center, is a permitted use in the Community Development: Commercial Retail (CD: CR) (0.20-0.35 floor area ratio) designation. Resolution No. 10-029 Plot Plan # 2009-051 4. The project site is surrounded by properties which are designated High Density Residential (HDR) (8-14 dwelling units) to the north, Medium Density Residential (MDR) (2 to 5 dwelling units per acre) to the south, east, and west and Commercial Retail (CR) (0.20 to 0.35 floor area ration) to the south. 5. The proposed zoning for the subject site is Scenic Highway Commercial (C-P-S). 6. The proposed use, shopping center, is a permitted use, in the General Scenic Highway Commercial (C-P-S) zone. 7. The proposed use, shopping center, is consistent with the development standards set forth in the Scenic Highway Commercial (C-P-S) zone. 8. The project site is surrounded by properties which are zoned One -Family Dwellings (R-1) to the north, south and east, Scenic Highway Commercial (C-P- S), Rural Residential (R-R), and Controlled Development Areas (W-2) to the south and the Menifee Valley Specific Plan No. 301 (Residential) to the east. 9. The public's health, safety, and general welfare are protected through project design. 10. The proposed project is compatible with the present and future logical development of the area. 11. The plan considers the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion and takes into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. 12. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 13. An Environmental Assessment was prepared for the proposed project as revised. The Environmental Assessment determined that although the proposed project could have a significant effect on the environment, the impacts have been mitigated so there will not be a significant effect. A Mitigated 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. Environmental Assessment No. 41320 is recommended to the City Council for adoption. 3. Plot Plan #2009-051 for the Heritage Square shopping center is recommended for approval to the City Council, subject to the Conditions of Approval as set forth in Exhibit I" to this Resolution and as approved by the Planning Commission on April 27, 2010. Resolution No. 10-029 Plot Plan # 2009-051 PASSED, APPROVED AND ADOPTED this 27th day of April 2010, by the following vote: Ma h6'w'Liesemeyer";, Chair Attest: T l� Kathy Bennett, City Clerk & Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 10-029 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 27'h day of April, 2010 by the following vote: Ayes: Miller, Vesey, Zimmerman, Thomas, Liesemeyer Noes: None Absent: None Abstain: None A-Tuyw Kathy Bennett, City Clerk EXHIBIT 661" Conditions of Approval for Plot Plan No 2009-051 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Section VII: Riverside _County Environmental Programs Department Conditions of Approval Conditions of Approval for Plot Plan No, 2009-051 Page 1 of 48 Section I: Conditions Applicable to all Departments Conditions of Approval for Plot Plan No. 2009-051 Page 2 of 48 General Conditions Project Description Plot Plan No. 2009-051. The use hereby permitted is for a 132,580 sq. ft. retail center. The project will include a 43,830 sq. ft. grocery store, one (1) 15,661 sq. ft. major retail building with drive through, two (2) buildings for multi -tenant shops totaling 15,600 sq. ft., one (1) 9,973 sq. ft. retail pad building, a 3,860 sq. ft. fast food restaurant building pad with a drive through, and a 3,878 sq. ft. gas station and convenience store including a drive through car wash and six (6) fueling pumps, three (3) major retail buildings totaling 33,629 sq. ft., one (1) 6,240 sq. ft. retail pad building, and 711 parking spaces. The project also includes a recyclable collections area and seasonal sales located in the parking areas. The project will also include the installation and/or modification of traffic signals on Junipero Road, Menifee Road, and McCall Boulevard. Street improvements shall also be constructed on Junipero Road, Menifee Road and McCall Boulevard. The project will also contribute to the construction of the Homeland Line A and Line A-2 (of the Romoland/Homeland Master Drainage Plan). Onsite flows will be treated using infiltration trenches/bio swales which will outlet to the extension of the Homeland/Romoland MDP Line A-2. The project will also include public art which will consist of historical plaques embedded onto the sidewalk through out the major and shops buildings and a mural on the south elevation of Pad A. The historical plaques will include text providing a narrative of the history and importance of early settlers in Menifee Valley. 2. Indemnification. 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. 41320, Change of Zone No. 7501, Plot Plan No. 2009-051, Conditional Use Permit No. 3549 and Tentative Parcel Map No. 34998. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2009-051 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-051, Amended No. 2, dated October 15, 2008. APPROVED EXHIBIT B = Elevations and Floor Plans (Sheets 1-23) for Plot Plan No. 2009-051, Amended No. 2, dated February 12, 2009. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2009-051, Amended No. 2, dated June 10, 2008. Conditions of Approval for Plot Plan No. 2009-051 Page 3 of 48 APPROVED EXHIBIT L = Landscaping Plans (Sheets 1-4) for Plot Plan No. 2009-051, Amended No. 2, dated October 15, 2008. APPROVED EXHIBIT M = Material Board and Wall Art Exhibit (Sheets 1-2) for Plot Plan No. 2009-051, Amended No. 2, dated October 15, 2008. APPROVED EXHIBIT R = Recycling Area and Seasonal Sales Area Location Exhibit for Plot Plan No. 2009-051, Amended No. 2, dated October 15, 2008. 4. 90 Days. 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. City of Menifee. 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 measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified, herein. (applicant initials) 6. Incorporated City. 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. 7. Comply with all Conditions. The applicant/developer shall comply with all terms and conditions of Conditional Use Permit No. 3549, Conditional Use Permit No. 2009-102 and Conditional Use Permit No. 2009-103. Conditions of Approval for Plot Plan No. 2009-051 Page 4 of 48 8. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (attached). 9. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 10. Ceased Operations. 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, except as sooner provided under a conditional use permit or other specific approval. 11. Business License. Every person conducting a business within the City of Menifee shall obtain a business license as required by City Ordinance. For more information regarding business registration, contact the City Clerk. 12. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Conditions of Approval for Plot Plan No. 2009-051 Page 5 of 48 Section It Planning Conditions of Approval Conditions of Approval for Plot Plan No. 2009-051 Page 6 of 48 General Conditions 13. Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 1895, submitted for these projects (PM34998 & CUP03549), was prepared by Geotechnical Professionals, Inc. and is entitled: "Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of Riverside, California", dated June 7, 2006. In addition the following report was submitted for this project: "Response to Review Comments, County Geologic Report No. 01895, Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of Riverside, California, GPI Project No. 2113.1", dated November 2, 2007. This report is now included as part of GEO No. 1895. GEO No. 1895 concluded: 1) Based on site mapping, literature research and aerial photo review, there is no evidence of active faulting crossing or projecting toward this site. Therefore the potential for this site to be affected by surface fault rupture is considered low. 2) Except for the potential for this site to be affected by strong seismic shaking, this site appears to be free of other secondary seismically induced hazards such as landsliding, seiche/tsunami, seismically induced flooding, seismically induced dynamic settlement or liquefaction. 3) This site is covered by a thin veneer of disturbed near surface soils and a stockpile of undocumented fill up to 12 feet deep in the westerly portion of the site. Soils below these materials are dense and considered suitable for support of the planned improvements. GEO No. 1895 recommended: 1) All undocumented stockpiled soils and the near surface weathered materials should be removed to a depth of at least two feet below the existing surface or two feet below the bottom of the proposed footing grades, whichever is deeper. The exposed removal bottoms should be firm and unyielding and should exhibit an in - place dry density of at least 80% relative compaction as determined by ASTM D- 1557 and confirmed -by field density testing. Prior to placing any fills, the approved removal bottoms should be scarified to a depth of 12 inches, moisture conditioned to near optimum moisture content and compacted to a minimum of 90% of the maximum dry density as determined by ASTM D-1557. 2) All fill soils should be free of organics and debris and any rock over 12 inches in greatest dimension. Fill soils should be placed in horizontal lifts of 12 inches or less, moisture conditioned to optimum moisture content to 2% above optimum moisture content, and compacted to a minimum of 90% of the maximum dry density as determined by ASTM D-1557 and verified by field density testing. The upper 12 inches of fills or in -place native soils beneath pavement sub grade areas should be compacted to 95% of the maximum dry density. 3) All rock greater than 12 inches in greatest dimension should be either crushed to a smaller size for incorporation in the fills, exported from the site or utilized as Conditions of Approval for Plot Plan No. 2009-051 Page 7 of 48 decorative landscape boulders. No rock exceeding 12 inches in greatest dimension should be incorporated in any fills. 4) Due to the potential for structures on this site to be subjected to strong seismic shaking, all structures should be designed in accordance with the latest provisions of the most recent edition of the Uniform Building Code for a site located in UBC Seismic Zone 4, 11 miles from a UBC Type B Seismic source (San Jacinto Fault - San Jacinto Valley Segment) and overlying a UBC Type Sc soil. The site should be expected to experience a peak horizontal ground acceleration of about 0.39 g with a 10% probability of exceedence in 50 years. GEO No. 1895 satisfies the requirement for a Geologic/Seismic Study for Planning /CEQA purposes. GEO No. 1895 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. 14. Comply with Ordinance. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable City of Menifee 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. 15.Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 16. Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 17. Subdivision Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside Ordinance No. 460, and any other pertinent ordinance. 18. Reclaimed Water. 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. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person, hall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 20. No Outdoor Advertising. 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. 21. No Signs. 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. This shopping Conditions of Approval for Plot Plan No. 2009-051 Page 8 of 48 center is allowed a maximum of two (2) free standing signs: one on McCall Boulevard and the second on Menifee Road. The project is located within a Scenic Highway Corridor. McCall Boulevard and Menifee Road are designated as County Eligible Scenic Highways. All future signage shall be in conformance with SCMVAP Policy 17.2. Added from 3123110 Planning Commission Meeting: The sign program shall include directional signage which clearly identifies the truck entrance and promotes the use of the other project driveways for customer entrances. Directional signage shall also be provided between the Majors C and D to direct customers to the driveway on Junipero Road. Added from 4127110 Planning Commission Meeting: A major entry statement shall also be placed at the entry to the site on McCall Boulevard. 22. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 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. 23.Industrial Hygiene. The project shall comply with the recommendations of the Department of Public Health, Office of Industrial Hygiene as stated in their letter dated October 7, 2008 and summarized as follows: 1) Facility related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home", must not exceed the following worst -case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p.m. (daytime standard). 2) Whenever a construction site is within one -quarter of a mile of an occupiedx residence or residences, no construction activities shall be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and between the hours of 6:00 p.m. and 7:00 a.m. during the months of October through May. Exceptions to these standards shall be allowed only with the written consent of the building official. 3) All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 4) During construction, best efforts should be made to locate stockpiling and/or vehicle staging area as far as practicable from existing residential dwellings. 5) An eight foot high control barrier is to be constructed around loading bays of Majors A-E. The barrier shall be positioned so that it breaks the line of sight of the nearest Conditions of Approval for Plot Plan No. 2009-051 Page 9 of 48 adjacent property. The barrier is to be built as close to the bay perimeter as is feasible to achieve maximum noise attenuation. 6) Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00 a.m. to 10:00 p.m.). 7) Our department (office of Industrial Hygiene must receive, review and approve an acoustical report (as listed above) addressing the noise that might be produced from speaker phones and air conditioning unit location and specifications from each plot plan. Building design must be shown to reduce interior noise to at or below 50 Ldn for those buildings along Menifee Road and McCall Boulevard. 8) The applicant shall pay review fees to the Department of Public Health for all time spent in review of this project. Fees will be assessed at the Department's hourly rate for Industrial Hygienists. 24. RTA Letter. The applicant/developer shall comply with the Riverside Transit Agency's letter dated April 24, 2007 and summarized as follows: Because of future bus service is likely, RTA is proposing a bus stop with a bus turnout along the perimeter of the site at this approximate location: - Westbound McCall Boulevard, just west of the intersection with Menifee Road, placed approximately midway between the intersection and the first driveway to the west. 25. Parking. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12. a.(2).b), General Retail Uses: 5.5 spaces required per 1,000 sq. ft. of floor area 132,580 square feet = 729 spaces required. This project is eligible for a 2% reduction in the number of parking spaces because it is within 150 feet of a mass transit facility (bus stop/turnout located on McCall Boulevard), pursuant to Ord. 348, Section 18.12, e. (2) b). 729 spaces minus the 2% reduction (15 spaces) = 714 spaces required. The project provides 719 spaces total. 26. Loading Areas. Loading and/or unloading of goods/supplies for tenants within this shopping center shall occur in designated loading areas as shown on EXHIBIT A only. No loading or unloading is allowed in front of the stores or within drive aisles. Loading areas shall be kept free of debris and clean. Added from 3123110 Planning Commission Meeting: Loading and/or unloading of goods/supplies shall only occur during non -peak hours; more specifically, between the hours of 7.00 a.m. and 11:00 a.m. and 2:00 p.m. and 9:00 p.m. 27. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating "The driver of a diesel -fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". Conditions of Approval for Plot Plan No. 2009-051 Page 10 of 48 Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided for the loading spaces for the major tenants. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than 15 minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 28. Greenhouse Gases: a. Energy Efficiency. The project is required to incorporate enhanced energy efficiency standards to minimize energy consumption and compliance with Measure XVI. The project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a minimum of 14% or meet/exceed 2008 Title 24 minimum requirements. b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants, adhesives and solvents shall be utilized in the construction of this project. ARCHEOLOGY 29. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 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. 30. Inadvertent Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Conditions of Approval for Plot Plan No. 2009-051 Page 11 of 48 LANDSCAPING 31. Drought Tolerant Landscaping. 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 landscaping shall meet the water efficient landscaping ordinance. 32. Landscape Screening. Landscape screening located along the northern property line shall be designed to be opaque up to a minimum height of six (6) feet at maturity except that planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches and no trees shall be planted within 10 feet of driveways, alleys, or street intersections. 33. Viable Landscaping. 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 prior to building final inspection/occupancy. FEES 34.Open Space Fee. 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. 35. Subsequent Submittals. 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. Prior to Certain Date 36. Location of Convenience Store. Prior to the issuance of the final documents and approval letter, the applicant shall submit a revised site plan to the Planning Department with the location of the convenience store and gas station canopy switched. The convenience store shall be located adjacent to the main drive aisle and the gas station canopy shall be located to the west of the convenience store in order to meet the 500 foot setback requirement, for alcohol sales at convenience stores and schools, of Ordinance 348, Section 18.47, d. Dense landscape screening shall be provided and shown on the revised site plan, along the convenience store adjacent to the entrance. Landscape screening shall include, but not limited to, trellis and vines against the convenience store, shrubs and trees. No approval letter will be issued and no permits (grading, building or other) will be issued until a revised site plan is submitted to and approved by the Planning Department. Conditions of Approval for Plot Plan No. 2009-051 Page 12 of 48 Prior to Issuance of Grading Permit 37. Industrial Hygiene. The project shall comply with the recommendations of the Department of Public Health, Office of Industrial Hygiene as stated in their letter dated October 7, 2008 and summarized as follows: 1) Whenever a construction site is within one -quarter of a mile of an occupied residence or residences, no construction activities shall be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and between the hours of 6:00 p.m. and 7:00 a.m. during the months of October through May. Exceptions to these standards shall be allowed only with the written consent of the building official. 2) All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 3) During construction, best efforts should be made to locate stockpiling and/or vehicle staging area as far as practicable from existing residential dwellings. 38. Change of Zone. No grading permits shall be issued until Change of Zone No. 7501 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 zone ultimately applied to the property. 39. Trails Plan. Prior to the issuance of any grading permits, the applicant shall submit a trails plan to the City of Menifee for review and approval. This trails plan shall show the trail with all topography, grading, cross -sections, fencing, signage (if applicable), and all landscaping. 40. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; Conditions of Approval for Plot Plan No. 2009-051 Page 13 of 48 d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wined breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. Conditions of Approval for Plot Plan No. 2009-051 Page 14 of 48 41. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the issuance of a grading permit. The Planning Director may require inspection or other monitoring to ensure such compliance ARCHEOLOGY 42. Human Remains (2). If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resource Code section 5097.98. The County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the coroner shall notify the Native American Heritage Commission, which will determine and notify the appropriate NATIVE AMERICAN TRIBE who is the most likely descendent. The descendent shall inspect the site of the discovery and make a recommendation as to the appropriate mitigation. After the recommendations have been made, the property owner, a Native American Tribe representative, and a County representative shall meet to determine the appropriate mitigation measures and corrective actions to be implemented. 43. Native American Monitoring. Because there were two documented archaeological sites along the outside western boundary of the subject parcel, tribal monitor(s) from the appropriate Native American Tribe(s) shall be required on -site during all ground disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a fully signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring and any necessary mitigation of the project, and which addresses the treatment of cultural resources, to the Planning Department and to the Department of Building and Safety. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. 44. Archeologist Retained. Because of the two documented archaeological sites located along the outside boundary of the subject parcel, prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and County or City guidelines) shall be retained by the land divider for archaeological monitoring and any necessary mitigation services for the proposed grading with respect to potential impacts to archaeological and/or cultural resources. A pre -grade meeting between the archaeologist, the Native American tribal representative(s), and the excavation and grading contractor shall take place to discuss appropriate grading and ground disturbing methods within and around those archaeologically and culturally sensitive areas within the project. During grading operations, when deemed necessary in the professional opinion of the retained archaeologist (and/or as determined by the Planning Director), the archaeologist, the archaeologist's on -site representative(s) and the Native American tribal representative(s) shall actively monitor all project related grading and shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of archaeological and/or cultural resources. Prior to the issuance of grading permits, a copy of a fully executed contract for archaeological monitoring and Conditions of Approval for Plot Plan No. 2009-051 Page 15 of 48 mitigation services, including the NAME, ADDRESS and TELEPHONE NUMBER of the retained archaeologist shall be submitted to the Planning Department and the B&S Grading Division. 45. Agreement. Prior to grading permit issuance, the applicant shall provide the Planning Director evidence of a fully executed agreement with the appropriate Native American Tribe that addresses the treatment and disposition of all cultural resources impacted as a result of the development. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area to the Pechanga Band of Luiseno Indians, pursuant their letter of request dated October 3, 2008, for proper treatment and disposition, upon submittal of the Phase IV Archaeological Monitoring Report by the Project Archaeologist to the Archaeologist. FEES 46. Stephen's Kangaroo Rat Fee. 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 19.6 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. 47. Fees. Prior to the issuance of grading permits for Plot Plan No. 2009-051, 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. Prior to Issuance of Building Permit 48. Elevations. 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. 49. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 50. Roof Mounted Equipment. Roof mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. 51. Fencing Plan. 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. Conditions of Approval for Plot Plan No. 2009-051 Page 16 of 48 52. Change of Zone. No building permits shall be issued until Change of Zone No. 7501 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 zone ultimately applied to the property. 53.Office of Industrial Hygiene. The applicant/developer shall comply with the recommendations of the Office of Industrial Hygiene contained in their letter dated October 7, 2008 summarized as follows: 1) Whenever a construction site is within one -quarter of a mile of an occupied residence or residences, no construction activities shall be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and between the hours of 6:00 p.m. and 7:00 a.m. during the months of October through May. Exceptions to these standards shall be allowed only with the written consent of the building official. 2) All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 3) During construction, best efforts should be made to locate stockpiling and/or vehicle staging area as far as practicable from existing residential dwellings. 54. Waste Management Clearance. 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 April 27, 2007, 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. Prior to the 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 that will be generated by construction and development, the projecte3d amounts, the measures w/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. Prior to issuance of an occupancy permit, evidence 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. 55. Lighting Plans. 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 (Menifee Municipal Code Chapter 6.01) and the General Plan. 56. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 57. Public Art Plans. The developer shall submit plans to the Planning Department for review and approval showing the proposed public art to installed within the project site. Conditions of Approval for Plot Plan No. 2009-051 Page 17 of 48 58. Construct Trail. Prior to the issuance of the second building permit, the applicant shall build the trail as shown on the approved trails plan. The applicant shall arrange for an inspection of the constructed trail with the City of Menifee. 59. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the issuance of a building permit. The Planning Director may require inspection or other monitoring to ensure such compliance. LANDSCAPING 60. Performance Securities. 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 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. 61. Landscaping and Irrigation Plan. 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 PLOT PLAN 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. 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, Eastern Municipal Water District Requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering 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. Conditions of Approval for Plot Plan No. 2009-051 Page 18 of 48 Parking & Shading Plan. 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, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. 62. Inspection Fees. 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 City, 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 Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 63. Project Specific Landscaping. In addition to the requirements of the Landscape and Irrigation Plan submittal, the following project specific conditions shall be imposed: a. Install a 12" concrete walk out next to a 6" curb, a total of 18" for all planters next to parking spaces. Walkout is shown in parking spaces and not in planters. Please revise. b. Provide dense landscape screening of the convenience store adjacent to the driveway. 64. Specimen Trees. Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy trees long 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. 65. Curb Along Planters. 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. FEES 66. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 67. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 68. Fees. Prior to issuance of building permits for Plot Plan No. 2009-051, 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. Conditions of Approval for Plot Plan No. 2009-051 Page 19 of 48 Prior to Final Inspection 69. Parking Spaces. A minimum of 719 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 or concrete to current standards as approved by the Department of Building and Safety. ADA Parking. A minimum of thirty (30) 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. Loading Spaces. A minimum of seven (7) 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. Compact Parking. A maximum of forty-four (44) parking spaces may be sized for compact cars (8 1/2' x 16') and shall be clearly marked "COMPACT CARS ONLY". Bike Rack Spaces. A bicycle rack with a minimum of fifty-one (21) 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. 70. Roof -Mounted Equipment. Roof -mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. 71. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee provides to the Department of Building and Safety and the Planning Department a 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. Conditions of Approval for Plot Plan No. 2009-051 Page 20 of 48 72. Walls and Fences. Wall and/or fence locations shall be in conformance with APPROVED EXHIBIT A. A minimum six (6) foot high decorative block wall or combination landscaped earthen berm and decorative block wall shall be constructed along the northern property line. The exterior side of all masonry walls shall be surfaced with a protective coating that will facilitate the removal of graffiti. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director and the appropriate flood control agency, and shall be shown on all grading and landscaping plans. 73. Trash Enclosure. Prior to occupancy, the developer shall demonstrate that adequate trash enclosures are provided for all tenants. At minimum, six (6) trash enclosures which are adequate to enclose a minimum of ten (10) 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 decorative 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. 74. Historical Plaques. Prior to occupancy, historical plaques and the art wall on Pad A shall be installed as shown on approved plans. 75. Clearance Letter from Industrial Hygiene. A clearance letter from the Office of Industrial Hygiene shall be provided to the Planning Department verifying compliance with the conditions of their letter dated October 7, 2008 summarized as follows: 1) An eight foot high control barrier is to be constructed around loading bays of Majors A-E. The barrier shall be positioned so that it breaks the line of sight of the nearest adjacent property. The barrier is to be built as close to the bay perimeter as is feasible to achieve maximum noise attenuation. 2) Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00 a.m. to 10:00 p.m.). 3) Our department (office of Industrial Hygiene must receive, review and approve an acoustical report (as listed above) addressing the noise that might be produced from speaker phones and air conditioning unit location and specifications from each plot plan. Building design must be shown to reduce interior noise to at or below 50 Ldn for those buildings along Menifee Road and McCall Boulevard. The Office of Industrial Hygiene will determine which businesses will be required to have an acoustical report. 4) The applicant shall pay review fees to the Department of Public Health for all time spent in review of this project. Fees will be assessed at the Department's hourly rate for Industrial Hygienists. Conditions of Approval for Plot Plan No. 2009-051 Page 21 of 48 76. Clearance from WMD. The applicant shall provide a letter from the Riverside County Waste Management Department to the Planning Department verifying compliance with their letter dated April 27, 2007 and summarized as follows: 1) Prior to the 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 that will be generated by construction and development, the projecte3d amounts, the measures w/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. 2) Prior to issuance of an occupancy permit, evidence 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. 77. Clearance Letter from RTA. The applicant/developer shall submit a letter from the Riverside Transit Agency (RTA) to the Planning Department verifying their compliance with the RTA comment letter dated April 24, 2007 and summarized as follows: RTA is proposing a bus stop with bus turnout along the perimeter of the site at this approximate location: - Westbound McCall Blvd, just west of the intersection with Menifee Road, placed approximately midway between the intersection and the first driveway to the west. 78. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the issuance of a building permit final/occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 79. Condition Compliance., 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. ARCHEOLOGY 80. Phase IV Report. Prior to Final Inspection, the applicant shall submit to the City Archaeologist one certified paper copy and two (2) certified, PDF formatted CD copies of the Phase IV Cultural Resources Monitoring Report. The report shall follow the posted report scope of work on the TLMA website and be certified by a City Registered Archaeologist. LANDSCAPING 81. Installation Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance, both the Planning Conditions of Approval for Plot Plan No. 2009-051 Page 22 of 48 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. 82. Landscaping Installation. 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), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. FEES 83. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of 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. 2009- 051 is calculated to be 15.58 net acres. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 84.Ord. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of 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. 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. 2009-051 has been calculated to be 15.58 net acres. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Conditions of Approval for Plot Plan No. 2009-051 Page 23 of 48 Section III: Engineerinq/Transportation/Grading Conditions of Approval Conditions of Approval for Plot Plan No, 2009-051 Page 24 of 48 General Conditions 85. Grading Requirements. 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. Conform to Code. 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. Ordinance No. 457. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 86. Erosion Control. 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). 87. Slopes. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 88. Slope Stability Report. 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. 89. Grading to Comply with Flood. 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. 90. Drainage Grade. Minimum drainage grade shall be 1 % except on portland cement concrete where .35% shall be the minimum. 91. Excavation and Grading. Provide drainage facilities and terracing in conformance with the Uniform Building Code's chapter on "EXCAVATION & GRADING". 92. Slope Setbacks. Observe slope setbacks from buildings & property lines per the Uniform Building Code as amended by Ordinance 457. 93. Paving. All offstreet parking areas which are conditioned to be paved shall conform to Ordinance 457 base and paving design and inspection requirements. 94. Grading Permit Required. 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. Conditions of Approval for Plot Plan No. 2009-051 Page 25 of 48 95. Retaining Walls. 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 City Standard Retaining Wall designs shown on the Building and Safety Department form 284-197. 96. Manufactured Slopes. 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. 97. Paving Inspections. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 98. NPDES. 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 and thereafter as required by the revised permit in 2010, 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 city adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 99. Ordinance 460 & 461. 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 City 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 Engineering Department. Prior to Issuance of Grading Permit 100. Performance Securities. 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. Conditions of Approval for Plot Plan No. 2009-051 Page 26 of 48 101. Erosion Control. 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, see form 284-47. 102. Soils Report. 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. 103. Grading to Comply. 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. 104. Grading Permit. 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. 105. Off -site Grading. A notarized letter of permission, from the affected property owners or easement holders, is required for any proposed off site grading. 106. Easement. A recorded easement is required for off site drainage facilities 107. NPDES. 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 and thereafter as required by the revised permit in 2010, 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 City adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 108. Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the Conditions of Approval for Plot Plan No. 2009-051 Page 27 of 48 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 City roads, review and approval of the haul routes by the Engineering Department will be required. 109. Engineering Clearance. A clearance from the Engineering Department is required prior to the issuance of a grading permit. Prior to Issuance of Building Permit 110. Approval to Construct. 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. 111. Traffic Signals. The Project proponent shall be responsible for the design of traffic signal(s) at the intersections of: Menifee Road (NS) and McCall Boulevard (EW) (modification) Junipero Road (NS) and McCall Boulevard (EW) (modification) Project Access Drive (NS) and McCall Boulevard (EW) with no fee credit eligibility for Traffic Signal Mitigation fees. 112. Geometrics. The interim conditions intersection geometrics identified below shall be provided and signing/striping plans shall be provided for approval by the Transportation Department. While full buildout of the roadway along the project frontage will be provided consistent per the City's Road Improvement Standards, interim condition lane geometrics account for alignment of lanes and current intersection constraints. The intersection of Menifee Road (NS) and North Project Driveway (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, two through lanes Southbound: two through lanes Eastbound: one left -turn lane, one right -turn lane Westbound: N/A The intersection of Menifee Road (NS) and South Project Driveway (EW) shall be improved to provide the following geometrics: Northbound: two through lanes Southbound: two through lanes, one dedicated right -turn lane Eastbound: one right -turn lane Westbound: N/A Note: Southbound dedicated right -turn lane is in addition to County of Riverside Ordinance 461 Standard 91 cross-section. The intersection of Menifee Road (NS) and McCall Boulevard (EW) shall be improved to provide the following geometrics: Conditions of Approval for Plot Plan No. 2009-051 Page 28 of 48 Northbound: one left -turn lane, two through lanes Southbound: one left -turn lane, two through lanes, one right -turn lane Eastbound: two left -turn lanes, two through lanes Westbound: two left -turn lanes, two through lanes, one right -turn lane The intersection of Project Driveway (NS) and McCall Boulevard (EW) shall be improved to provide the following geometrics: Northbound: N/A Southbound: one right -turn lane Eastbound: one left -turn lane, two through lanes Westbound: two through lanes, one dedicated right -turn lane Note: Westbound dedicated right -turn lane is in addition to County of Riverside Ordinance 461 Standard 91 cross-section. The intersection of Junipero Road (NS) and McCall Boulevard (EW) shall be improved to provide the following geometrics: Northbound: one left-turn/through/right-turn lane Southbound: one left -turn lane, one through/right-turn lane Eastbound: one left -turn lane, one through lane Westbound: one left -turn lane, one through lane, one right -turn lane The intersection of Junipero Road (NS) and School/Project Driveway (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, one through/right-turn lane Southbound: one left -turn lane, one through/right-turn lane Eastbound: one left-turn/through/right-turn lane Westbound: one left-turn/through/right-turn lane Or as approved by the Engineering Department. All improvements listed are requirements for interim conditions only. Full right-of-way and roadway half sections adjacent to the property for the ultimate roadway cross- section per the City's Road Improvement Standards and Specifications must be provided. Any off -site widening required to provide these geometrics shall be the responsibility of the landowner/developer. 113. Right -of Way. Sufficient public street right-of-way along Menifee Road shall be conveyed for public use to provide for a 76' to 89 foot half -width right-of-way. Sufficient public street right-of-way along McCall Boulevard shall be conveyed for public use to provide for a 76' to 89 foot half -width right-of-way. Sufficient public street right-of-way along Junipero Road shall be conveyed for public use to provide for a 37 foot half -width right-of-way. 114. L&LMD. The project proponent shall submit to the City or its designee, the Transportation Department L&LMD No. 89-1-C Administrator the following: 1) Completed Engineering Department application 2) (2)Sets of street lighting plans approved by Engineering Department. Conditions of Approval for Plot Plan No. 2009-051 Page 29 of 48 3) Appropriate fees for annexation. 4) "Streetlight Authorization" form from SCE, IID or other electric provider. 115. Corner Cutbacks. All corner cutbacks shall be applied per Standard 805, Ordinance 461, except for corners at Entry streets intersecting with General Plan roads, they shall be applied per Exhibit' C' of the Countywide Design Guidelines. 116. Street Light Plan. A separate street light plan is required for this project. Street lighting shall be designed in accordance with Ordinance 460 and Streetlight Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use Ordinance 461, Standard No's 1000 or 1001. 117. Landscape in Right -of -Way. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinance 461 and shall require approval by the Engineering Department. Landscaping plans shall be designed within McCall Boulevard, Menifee Road, and Junipero Road and submitted to the Engineering Department. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. Assurance of continuous maintenance is required for an application for annexation into Landscaping and Lighting Maintenance District No. 89-1-Consolidated by contacting the Transportation Department at (951) 955-6829. 118. Traffic Signal. The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, directed by the Engineering Department. Assurance of traffic signal maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for the required traffic signal(s). Prior to Final Inspection 119. Paving Inspections. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 120. Traffic Signal Installation. The project proponent shall be responsible for the construction and installation of traffic signal(s) at the following locations: Menifee Road (NS) and McCall Boulevard (EW) (modification) Junipero Road (NS) and McCall Boulevard (EW) (modification) Project Access Drive (NS) and McCall Boulevard (EW). With no fee credit eligibility given for Traffic Signal Mitigation Fees. Prior to the final building inspection of the first unit, the above traffic signal(s) shall be installed and operational. A signal maintenance easement may be required for the Project Access Road (NS) ,and McCall Boulevard intersection. Or as approved by the Engineering Department. 121. Interconnect. The project proponent shall be required to provide traffic signal interconnect between the traffic signal at Menifee Road (NS) and McCall Boulevard (EW) to the west to the signal at Junipero Road. Conditions of Approval for Plot Plan No. 2009-051 Page 30 of 48 The traffic signal at the Menifee Road (NS) and McCall Boulevard (EW) shall be ultimately interconnected with the traffic signal at Heritage Lakes Drive to the north. The project proponent shall provide interconnect along the project frontage and shall make all provisions necessary for the ultimate interconnect between the Menifee Road and the Heritage Lakes Drive signal or as approved by the Engineering Department. 122. Improvement Plans. 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 City Engineer. Completion of road improvements does not imply acceptance for maintenance by City. 123. Street Design. The street design and improvement concept of this project shall be coordinated with PM34998. 124. Off -site. The off -site rights -of -way required for said access road shall be accepted to vest title in the name of the public if not already accepted. 125. Signing and Striping Plan. signing and striping plans are required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plans. Traffic signing and striping shall be performed by either City forces or Developer with all incurred costs borne by the Developer, as approved by the City Traffic Engineer. 126. TUMF. 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. 127. Streetlight Authorization. Prior to OCCUPANCY, the project proponent shall submit to Engineering 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. 128. Install Streetlights. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of Ordinances 460 and 461.. Street light annexation into L&LMD or similar mechanism as approved by the Engineering Department shall be completed. It shall be the responsibility of the Developer to ensure that street lights are energized along the streets associated with this development where the developer is seeking Building Final Inspection (Occupancy). 129. Utilities Underground. 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 Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies Conditions of Approval for Plot Plan No. 2009-051 Page 31 of 48 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 Engineering Department for verification purposes. 130. Landscaping in Right -of -Way. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinance 461 and shall require approval by the Engineering Department. Landscaping shall be improved within McCall Boulevard, Menifee Road, and Junipero Road. Assurance of continuous maintenance is required by an application for annexation into Landscaping and Lighting Maintenance District No. 89-1-Consolidated by contacting the Transportation Department at (951) 955-6829. 131. Improvements. McCall Boulevard along project boundary is a paved City maintained road designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 55' to 68 feet from centerline to curb line, 8" curbed edge of pavement landscaped median, and match up asphalt concrete paving, reconstruction, or resurfacing of existing paving as determined by the Engineering Department within the 76' to 89 foot half -width dedicated right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to 89') (Sheet 1 of 2 and 2 of 2) NOTE: A 5' meandering sidewalk shall be constructed within the 21' parkway per Standard No. 404. The raised curb median on McCall Boulevard shall be extended westerly to provide access only for an eastbound left -turn lane at Project Access Drive (NS) and McCall Boulevard (EW). As determined through engineering documentation by applicant, the Engineering Department may consider payment of cash -in -lieu for construction of raised medians that may not be feasible until buildout of roadway occurs. . Westbound right -turn lanes shall be provided on Project Access Drive (NS) at McCall Road (EW) and Junipero Road (NS) at McCall Boulevard (EW). Menifee Road along project boundary is a paved City maintained road designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 55' to 68 feet from centerline to curb line, 8" curbed edge of pavement landscaped median, and match up asphalt concrete paving, reconstruction, or resurfacing of existing paving as determined by the Engineering Department within the 76' to 89 foot half -width dedicated right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to 89') (Sheet 1 of2and 2of2) NOTE: A 5' meandering sidewalk shall be constructed within the 21' parkway per Standard No. 404. Southbound right -turn lanes shall be provided at South Project Access (EW) at Menifee Road (NS) and at McCall Boulevard (EW) at Menifee Road (NS). Conditions of Approval for Plot Plan No. 2009-051 Page 32 of 48 Junipero Road along project boundary is designated as a Collector road and shall be improved with 34' part -width AC pavement, (22' on the project side and 12' on opposite side of the centerline), 6" concrete curb and gutter, and 5' sidewalk (on the project side), within a 67' part -width dedicated right-of-way (37' on the project side and 30' on the opposite side of centerline) in accordance with Standard No. 103, Section "A". NOTE: A 5' sidewalk shall be constructed T from the curb line within the 15' parkway. Added from 3123110 Planning Commission Meeting Traffic calming measures shall be incorporated into the design of Junipero Road as approved by the City Engineer. 132. L&LMD No. 89-1. Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1- Consolidated for maintenance of traffic signals within public road rights -of -way for the required traffic signal(s). 133. Street Sweeping. Owner shall cause property to be annexed into CSA152 or similar district or mechanism for NPDES BMP of street sweeping, as approved by the City Engineer. Conditions of Approval for Plot Plan No. 2009-051 Page 33 of 48 Section IV: Riverside County Flood Control District Conditions of Approval Conditions of Approval for Plot Plan No. 2009-051 Page 34 of 48 General Conditions 134. Flood Hazard Report. PP 2009-051 is a proposal to develop 19.6 acres into a commercial center in the Homeland area. The site is located on the northwest corner of McCall Boulevard and Menifee Road. The Homeland/Romoland CFD is proposed in this area by a consortium of developers. This plan currently proposes Interim Line A to be constructed from the San Jacinto River to the 1-215 freeway and ultimate Line A from the 1-215 freeway to the north of this site near McLaughlin Rd and Menifee Rd. The development of this site is not only dependent on the construction of Homeland Line A, but also on the construction of Line A-2 and its extensions. These facilities are the major backbone of the Homeland/Romoland plan given that they convey runoff from the entire valley to San Jacinto River. Without the construction of these facilities PP2009-051 lacks an adequate outlet for the onsite flows generated by this development. The District will not allow the issuance of grading permits until the plans for Line A, and Line A2 have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if the facilities listed above are constructed by others pursuant to the District's proposed Community Facilities District, then grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are deemed functional by the District's General Manager - Chief Engineer. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A2 given that said facility is considered to be an adequate outlet. Mitigation will be necessary for the development's impacts to water quality. A revised Preliminary WQMP was submitted to the District on October 16th, 2008. The District has reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to the District. The water quality plan proposes three infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the extension of Homeland/Romland MDP Line A2, to be constructed by this development. The developer has provided the District a letter of permission from the downstream property owner allowing the construction of the extension of Line A. Conceptually this is plan acceptable to the District but may need minor adjustments at final plan check stage. The site is located within the bounds of the Homeland/Romoland Line A watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the fee in effect at the time of payment. Collection of Offsite Flows The site has a tributary area of 35 acres south of McCall Road. The development proposes to collect and convey these flows in a 36" dia. storm drain in to the proposed Homeland MDP Line A2. Most of the site's offsite drainage issues would be addressed via construction of the improvements associated with the District's proposed CFD. 135. Romoland/Homeland Master Drainage Plan. The development of this site is not only dependent on the construction of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction of these facilities PP2009-051 lacks an adequate outlet for the onsite flows generated by this development. The developer shall not be Conditions of Approval for Plot Plan No. 2009-051 Page 35 of 48 allowed the issuance of grading permits until the plans for the facilities mentioned above have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1 (CFD) awards a construction contract for the facilities listed above, then grading permits shall be allowed. Occupancy shall not be granted for any unit until all downstream facilities are deemed functional by the District. The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or the Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A2 given that said facility is considered to be an adequate outlet. Mitigation will be necessary for the development's impacts to water quality. A revised Preliminary WQMP was submitted to the District on October 16th, 2008. The District has reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to the District. The water quality plan proposes three infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the extension of Homeland/Romoland MDP Line A2. Conceptually this is plan acceptable to the District but may need minor adjustments at final plan check stage. 136. Storm Flows. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 137. Drainage Facilities. Drainage facilities out -letting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 138. Natural Drainage. The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 139. Coordinate Drainage. Development of this property shall be coordinated with development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 140. Facility Design. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Home land/Romoland Area Drainage Plan, the developer shall contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and conditions of design, construction, inspection, transfer of rights of way, project credit in lieu of charges and reimbursement schedules which may apply. The developer shall note that if the estimated cost for required Area Drainage Plan facilities exceeds the required mitigation charges and the developer wishes to receive credit for reimbursement in excess of his charges, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. Conditions of Approval for Plot Plan No. 2009-051 Page 36 of 48 141. Major Facilities. Major flood control facilities are being proposed. These shall be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the District early in the design process regarding materials, hydraulic design and transfer of rights of way. 142. BMP Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the District. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. 143. WQMP. 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. Conditions of Approval for Plot Plan No. 2009-051 Page 37 of 48 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. 144. BMP Maintenance Plan. 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 Issuance of Grading Permit 145. Homeland Line A. The development of this site is not only dependent on the construction of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction of these facilities PP 2009-051 lacks an adequate outlet for the onsite flows generated by this development. The developer shall not be allowed the issuance of grading permits until the plans for the facilities mentioned above have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1 (CFD) awards a construction contract for the facilities listed above, then grading permits shall be allowed. Occupancy shall not be granted for any unit until all downstream facilities are deemed functional by the District. The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or the Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A2 given that said facility is considered to be an adequate outlet. Mitigation will be necessary for the development's impacts to water quality. A revised Preliminary WQMP was submitted to the District on October 16th, 2008. The District has reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to the District. The water quality plan proposes three infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the extension of Homeland/Romoland MDP Line A2. Conceptually this is plan acceptable to the District but may need minor adjustments at final plan check stage. 146. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 147. Erosion Control. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the District for review. 148. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to issuance of permits. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. Conditions of Approval for Plot Plan No. 2009-051 Page 38 of 48 149. Inspection of Facilities. Inspection and maintenance of the flood control facility/ies to be constructed with this development must be performed by either the Engineering Department or the Flood Control District. The engineer (owner) must request in writing that one of these agencies accept the proposed system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall be addressed to the General Manager -Chief Engineer, Attn: Chief of the Planning Division. Three items must be accomplished prior to the issuance of a grading permit or starting construction of the drainage facility whichever comes first: 1) the developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) an agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the District's General Manager -Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to draw up an agreement must be submitted to the attention of the District's Administrative Services Section. All right of way transfer issues must be coordinated with the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's Inspection section before a pre -construction meeting can be scheduled. 150. ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set for land divisions having comparable anticipated impermeable surface areas. PP 2009-051 is located within the limits of the Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 19.6 acres subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only, and shall be paid after final approval of the staff report/conditions of approval by the Board of Supervisors and prior to issuance of permits. 151. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Issuance of Building Permit 152. Homeland Line A. The development of this site is not only dependent on the construction of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction of these facilities PP 2009-051 lacks an adequate outlet for the onsite flows generated by this development. The developer shall not be allowed the issuance of grading permits until the plans for the facilities mentioned above have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1 (CFD) awards a construction contract for the facilities listed above, then grading permits shall be allowed. Occupancy shall not be granted for Conditions of Approval for Plot Plan No. 2009-051 Page 39 of 48 any unit until all downstream facilities are deemed functional by the District. The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or the Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A2 given that said facility is considered to be an adequate outlet. Mitigation will be necessary for the development's impacts to water quality. A revised Preliminary WQMP was submitted to the District on October 16th, 2008. The District has reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to the District. The water quality plan proposes three infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the extension of Home land/Romoland MDP Line A2. Conceptually this is plan acceptable to the District but may need minor adjustments at final plan check stage. 153. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 154. Inspection and Maintenance. Inspection and maintenance of the flood control facility/ies to be constructed with this development must be performed by either the Engineering Department or the Flood Control District. The engineer (owner) must request in writing that one of these agencies accept the proposed system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall be addressed to the General Manager -Chief Engineer, Attn: Chief of the Planning Division. Three items must be accomplished prior to the issuance of a building permit or starting construction of the drainage facility whichever comes first: 1) the developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) an agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the District's General Manager -Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to draw up an agreement must be submitted to the attention of the District's Administrative Services Section. All right of way transfer issues must be coordinated with the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's Inspection section before a pre -construction meeting can be scheduled. 155. ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. to mitigate this effect, the District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set for land divisions having comparable anticipated impermeable surface areas. PP 2009-051 is located within the limits of the Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 19.6 Conditions of Approval for Plot Plan No. 2009-051 Page 40 of 48 acres subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only, and shall be paid after final approval of the staff report/conditions of approval by the Board of Supervisors and prior to issuance of permits. 156. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Final Inspection 157. BMP Education. 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. 158. BMPs Installed. 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. 159. No Occupancy Permit. The District will not release occupancy permits for any commercial lot within the map prior to the District's acceptance of the drainage system for operation and maintenance. 160. BMP Maintenance. 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. 161. BMP/NPDES Update. Notwithstanding all conditions requiring BMP's, WQMP's and NPDES, compliance shall meet the requirements of the 2010 updated Regional Water Quality Board requirements. Conditions of Approval for Plot Plan No. 2009-051 Page 41 of 48 Section V: Riverside County Fire Department Conditions of Approval Conditions of Approval for Plot Plan No, 2009-051 Page 42 of 48 General Conditions 162. Hazardous Fire Area. This project is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed within this project shall comply with the special construction provisions contained in Ordinance 787.1. 163. Retroreflective Markers. Blue retroreflective 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. 164. Fire Flow. Minimum required fire flow shall be 4000 GPM for a 4 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-B construction per the 2007 CBC and Building(s) having a fire sprinkler system. 165. Fire Hydrants. 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. 166. Tank Permits. Applicant or Developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permits, from the Riverside County Fire Department and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tanks(s) shall meet the following standard: Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. 167. Rapid Entry. Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Riverside County Fire Department for approval prior to installation. 168. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Prior to Issuance of Building Permit 169. Plan Check Fees. 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. 170. Water System. 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 Conditions of Approval for Plot Plan No. 2009-051 Page 43 of 48 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 171. Fire Lanes. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 172. Sprinklers. 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 173. Fire Alarm. 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. 174. Extinguishers. 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. 175. Hood Ducts. A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee 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) Conditions of Approval for Plot Plan No. 2009-051 Page 44 of 48 Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2009-051 Page 45 of 48 General Conditions 176. General. Plot Plan No. 2009-051 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. 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 177. Food Plans. A total of three complete set 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. Prior to Final Inspection 178. UST System. Construction plans must be reviewed and approved by the Hazardous Materials Division prior to the installation of the underground storage tank (UST) system. There is a construction fee based on the number of UST's installed. Permits from the Hazardous Materials Division must be obtained for the operation of the UST's prior to occupancy. 179. Further Review. 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 Ordinances. 180. Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 181. Business Emergency Plan. 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. Conditions of Approval for Plot Plan No. 2009-051 Page 46 of 48 Section VII: Riverside Coun Environmental Proqrams Conditions of Approval Conditions of Approval for Plot Plan No, 2009-051 Page 47 of 48 Prior to Issuance of Grading Permit 182. Burrowing Owl Survey. PER EPD SITE VISIT ON 07/05/07, SITE SUPPORTS SUITABLE BURROWING OWL BURROWS AND THUS A 30-DAY CLEARANCE SURVEY IS REQ. Pursuant to Objective 6 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Biologist. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided. However, when the Burrowing Owl is present, active relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The City Biologist shall be consulted to determine appropriate translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. 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) Conditions of Approval for Plot Plan No. 2009-051 Page 48 of 48