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PC10-047Resolution 10-047 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 35621 Whereas, in March 2007 the applicant, Walmart Stores, Inc., filed formal applications with the County of Riverside (the local government authority for the project area at that time) for Tentative Parcel Map No. 35621 (the "Project") to subdivide the property into seven commercial parcels; and Whereas, on March 10, 2008, the County of Riverside publicly noticed its decision to prepare an environmental impact report (EIR) for the Project by noticing the State Clearinghouse, related agencies, and other government agencies; and Whereas, on April 21, 2008, the County of Riverside Planning Director held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, notice to property owners within a 600-foot radius from the Project site boundaries, at least 10 days prior to the public meeting; and Whereas, on October 1, 2008, the City of Menifee incorporated and then became the local government authority for the project area; and Whereas, between December 14, 2009 and February 1, 2010, the State - mandated 45-day public review period for the Draft EIR took effect, which was publicly noticed by a publication in the newspaper of general circulation, notice to owners within 600 feet of the Project site boundaries, related agencies and government agencies, copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the City Hall public counter and a copy placed at the Paloma Valley library; and Whereas, on December 14, 2009, the Draft EIR was distributed to the Planning Commission for review; and Whereas, eleven comments were received during the public review period; and Whereas, on March 9, 2010, the Planning Commission of the City of Menifee held a duly noticed public workshop regarding the proposed project, which was publicly noticed with an agenda posting; and Whereas, on July 29, 2010, the Final EIR was completed and distributed to the Planning Commission for review and distributed to those agencies and persons that submitted written comments on the Draft EIR, and copies of the Final EIR were placed at the City Hall public counter and at the Paloma Valley library; and Whereas, on August 10, 2010, the Planning Commission held a duly noticed public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, 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 boundaries, and to persons requesting public notice; and Resolution No. 10-047 Tentative Parcel Map for Menifee Shopping Center October 12, 2010 Whereas, at the August 10, 2010 Planning Commission public hearing, the Commission continued the project in order for the applicant and staff to address comment letters that were received; and, Whereas, on August 24, 2010, the Planning Commission held a subsequent public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the August 24, 2010 Planning Commission public hearing, the Commission continued the project in order for the applicant and staff to finalize the traffic conditions of approval; and, Whereas, on September 14, 2010, the Planning Commission held a subsequent public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the September 14, 2010 Planning Commission public hearing, the Commission continued the project in order for the applicant and staff to bring back additional information on traffic impacts; and, Whereas, on October 12, 2010, the Planning Commission held a subsequent public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the October 12, 2010 Planning Commission public hearing, the Commission found that: 1. The land division is consistent with the applicable general plan land use of the site. 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. The project site is not located within a specific plan. 2. The proposed use, commercial parcels, is a permitted use in the Community Development: Commercial Retail (CD:CR) (0.20-0.35 floor area ratio) designation and therefore, the project is consistent with the general plan land use. Resolution No. 10-047 Tentative Parcel Map for Menifee Shopping Center October 12, 2010 3. The design or improvement of the proposed land division is consistent with the applicable general and any specific plan. 4. The site of the proposed land division is physically suitable for the type of development. 5. The site of the proposed land division is physically suitable for the proposed density. 6. The project site is surrounded by properties which are designated Community Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre) to the north; Community Development: Commercial Retail (CD: CR) (0.20-0.35 floor area ratio) and Community Development: Light Industrial (CD: LI) (0.25-0.60 floor area ratio) to the south; Community Development: Commercial Retail (CD: CR) (0.20-0.35 floor area ratio) to the east; and, Community Development: Business Park (CD: BP) (0.25-0.60-floor area ratio) to the west. 7. The proposed zoning for the subject site is Scenic Highway Commercial (C-P-S). 8. The proposed subdivision is a permitted use, in the Scenic Highway Commercial (C-P-S)zone. 9. The proposed subdivision is consistent with the development standards set forth in the Scenic Highway Commercial (C-P-S) zone. 10. The project site is surrounded by properties which are zoned Scenic Highway Commercial (C-P-S) to the north, south and east, and Industrial Park to the west. 11. The proposed commercial subdivision is consistent with the Schedule "E" map requirements of Ordinance 460, and with all other applicable provisions of Ordinance No. 460. 12. The design of the proposed land division does not conflict with easements. 13. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 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. Tentative Parcel Map No. 35621 for a Schedule E subdivision of 30.3 acres into seven (7) commercial parcels is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on October 12, 2010. Resolution No. 10-047 Tentative Parcel Map for Menifee Shopping Center October 12, 2010 PASSED, APPROVED AND ADOPTED THIS 12T" DAY OF OCTOBER, 2010, BY THE FOLLOWING VOTE: Matthew Liesemeyer, Chair ATTEST: Kathy Bennett, City Clerk Approved as to form: Karen Feld, City Attorney Wallace W. Edgerton Mayor Fred Twyman Mayor Pro Tern John V. Denver Councilmember Darcy Kuenzi Councilmember Scott A. Mann Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951•679.3843 www.cityofrnenifee.us 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. 10-047 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 12th day of October, 2010 by the following vote: Ayes: Vesey, Zimmerman, Thomas, Liesemeyer Noes: Miller Absent: None Abstain: None �,2-x'Alz� Kathy Bennett, City Clerk EXHIBIT "1" Conditions of Approval for Tentative Parcel Map No. 35261 Schedule E subdivision of 30.3 acres into Seven (7) commercial parcels, ranging in size from 0.66 to 21.9 gross acres. 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 Conditions of Approval PM35261 1 of 31 Section Conditions Applicable to all Departments Conditions of Approval PM35261 2 of 31 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Commercial Parcel Map No. 35261 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Commercial Parcel Map No. 35261, Amended No. 3, dated May 1, 2009. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Description. The land division hereby permitted is for a Schedule E subdivision of 30.3 acres into seven (7) commercial parcels, ranging in size from 0.66 to 21.90 gross acres and two (2) parcels (parcels A and B) for right- of-way dedication. 3. 90 Days. The developer/owner 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 the approval or conditional approval of this project. 4. 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 tentative map 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 Impact Report No. 508, Plot Plan No. 2009-121 (County Case Number 22674), Conditional Use Permit No. 2009-142 (County Case No. 3596), Conditional Use Permit No. 2009-143 (County Case No. 3597), and Tentative Parcel Map No. 35261. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City 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 Conditions of Approval PM35261 3 of 31 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. County Ordinances. 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 Ordinance 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the conditions listed herein. 8. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Menifee City Council's original approval date, unless extended as provided pursuant to the Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. Conditions of Approval PM35261 4 of 31 Section II: Planning Conditions of Approval Conditions of Approval PM35261 5 of 31 General Conditions 9. Building Plans. The developer shall cause building plans to be submitted to the City of Menifee for review by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved TENTATIVE MAP. ARCHEOLOGY 10. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 11. 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 in consultation with the Pechanga Band of Luiseno Mission Indians. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate 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 PM35261 6 of 31 FEES 12. Subsequent Review. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 13. Ordinance 659 Fees. 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 construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each acre within this land division. 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. LANDSCAPING 14. Landscape Maintenance. The land divider, or any successor -in -interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner's association, or any other successor -in -interest. 15. Trail Maintenance. The land divider, or the land divider's successor -in - interest, shall be responsible for the maintenance of any trail easement required under these conditions until such time as the maintenance is taken over by an appropriate maintenance district Prior to Final Map 16. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Transportation Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 17. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. Conditions of Approval PM35261 7 of 31 18. CC&Rs. The applicant shall notify the Planning Department that the following documents shall be submitted to the Office of the City Attorney and submit said documents to Planning Department for review along with the current fee, which documents shall be subject to City Attorney review: a. A cover letter identifying the project for which approval is sought; b. A signed and notarized declaration of covenants, conditions and restrictions; c. A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours at the current hourly rate for the Review of Covenants, Conditions and Restrictions as established pursuant to Ordinance No. 671 at the time the above documents are submitted for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of 60 years, b) provide reciprocal easements for ingress, egress and parking, c) provide for the establishment of a maintenance operator, and d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The Maintenance Operator established herein shall manage and continuously maintain the 'landscape area', more particularly described on Exhibit 'L', attached hereto. The Maintenance Operator shall have the right to assess the owners of each individual parcel for the reasonable cost of maintaining such 'landscape area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended, or property de -annexed therefrom absent the prior written consent of the Planning Director or the successor -in- interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' or any reciprocal easement established pursuant to the Declaration." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Planning Department with one copy retained for the case file, and one copy provided to the Engineering Department. 19. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. Conditions of Approval PM35261 8 of 31 20. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance. 21. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of Ordinance No. 460. C. The common open space areas shall be shown as numbered lots on the FINAL MAP. D. The total number of commercial lots on the final map shall be 15. FEES 22. Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor -in -interest. Prior to Issuance of Grading Permit 23. No Grading Permits. PM35261 is a Schedule E subdivision. No grading permits shall be issued pursuant to this subdivision. Prior to Issuance of Building Permit 24. No Building Permits. PM35261 is for a Schedule E subdivision. No building permits shall be issued pursuant to this subdivision. Conditions of Approval PM35261 9 of 31 Section III: Engineering/Transportation/ Grading Conditions of Approval Conditions of Approval PM35261 10 of 31 General Conditions: 25. Fee Credits At such time as the City accepts facilities constructed by the developer as identified in the Public Facilities Needs List and/or TUMF Transportation Improvement Program Or other program agreed upon by the City, the developer may be eligible for fee credits against Development Impact Fees or other fees received by the City. Any credit of Transportation Uniform Mitigation Fees is governed by WROCOG . 26. General Grading Conditions - All grading shall conform to the latest edition of the Uniform Building Code, City General Plan, Ordinance 457 and all other relevant laws, rules and regulations governing grading in the City Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading notice: Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction Permit from the State Water Resources Control Board (SWRCB). The Construction Permit requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NOI) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 27. Erosion Control - Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. 28. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the applicant in accordance with AQMD requirements. A watering device shall be present and in use at the project site during all grading operations. 29. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the Riverside County Flood Control District. 30. Drainage Grade - Minimum drainage design grade shall be 1 %. The engineer must submit a variance request for design grades less than 1% with a justification for a lesser grade. Portland cement concrete shall have a minimum 0.5% grade as approved by the City Engineer. 31. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section 7012 of the Uniform Building Code. Conditions of Approval PM35261 11 of 31 32. Slope Setbacks - Observe slope setbacks per Section 2907, figure 29-1 Section 7011, and figure 70-1 of the Uniform Building Code. 33. General Introduction - Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 34. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 35. Slope Erosion Control Plan - Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 36.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 37. Paving Inspections - The appl icant/appl !cant shall be responsible for obtaining the paving inspections required by Ordinance 457. 38. Driveways — The following designations shall describe the locations of the project driveway access points. Driveway A — The northerly most driveway Driveway B — The central driveway designated as the main entrance Driveway C — The southerly most driveway 39. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the approval by Eastern Municipal Water District and the Riverside County Fire Department. 40. Sewer Lines — All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Ordinances 460/461 and Eastern Municipal Water District standards. 41. Perpetual Drainage Patterns - The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Conditions of Approval PM35261 12 of 31 42. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 43. Development Access - Access to the development shall be limited to Haun Road with a new traffic signal at the main entrance (Driveway "B") and two minor accesses shall be right in -right out driveways A and C. No access will be permitted on Scott Road. Drainage across accesses will be conveyed via catch basin interception to pipe system preceding the access to the satisfaction of the City Engineer. 44. Encroachment Permits — All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 45. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 24 day minimum strength of 3,250 psi. 46. Road Improvements - All roads shall be improved, per the recommended General Plan designation and traffic impact analysis as part of the final environmental impact report. The study indicates that the project's impacts shall be mitigated for the following intersections: Murrieta Road at Scott Road Tucker Road at Scott Road Haun Road/Zeiders Road at Newport Road, Holland Road, Garbani Road, Wickerd Road, Driveway A, Driveway B, Driveway C, Scott Road, and Keller Rd 1-215 Southbound Ramp at Scott Road 1-215 Northbound Ramp at Scott Road Antelope Road at Scott Road and Keller Road Menifee Road at Newport Road, Garbani Road, Wickerd Road, and Scott Road Briggs Road at Scott Road As such, the proposed project is consistent with this General Plan policy and the Final Environmental Impact Report, and Traffic Impact Analysis mitigation measures. Conditions of Approval PM35261 13 of 31 The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. 47. Traffic Signals - The applicant shall be responsible for the design and construction of the traffic signals at the intersections of: Haun Road at Project Driveway B Antelope Road at Scott Road (modification) Haun Road at Scott Road (modification) Haun Road at Holland Road Scott Road at Murrieta Road No fee credit will be given for Traffic Signal Mitigation fees at for Haun Road at Project Driveway B. Fee credits may be applied at general plan intersections as approved by the City Engineer. The applicant shall pay a fair share of the traffic signal modification at Haun Road/Scott Road and new signal at Haun Road/Driveway B according to City policy. The applicant shall comply in accordance with traffic signal requirements within public road rights -of -ways directed by the City Engineering Department. Assurance of traffic signal maintenance is required by filing an application for annexation to a Landscaping and Lighting Maintenance for the required traffic signal(s). The traffic sinal mast arms shall be equipped with internally illuminated street name signs (IISNS). All traffic signal indicators and IISNS shall be furnished with LED lighting. The pedestrian indicators shall be ADA compliant and audible with voice feature. 48. Traffic Signal Interconnect - Traffic signal interconnect between those signals installed or modified by the project shall be installed as directed by the Engineering Department. 49. Traffic Signal Coordination - A traffic signal coordination program employing Snycro Modeling software or other software acceptable to the City Engineer shall be developed for the project traffic signals. The coordination program shall be submitted and approved by the City Engineer. The traffic signal controller at the intersection of Haun Road and Scott Road shall be equipped for and act as the system master. 50. Traffic Signal Detection - Video detection shall be implemented at all traffic signals and loops for advanced detection. 51. Haun Road — Haun Road shall be constructed per Std. No. 93 Mod partial width (12' graded parkway with 2:1 max slopes and 6" AC dike, 14' lane, 12' lane, 4' to 26' raised landscaped median with 8" Type "D" curb Std. No. Conditions of Approval PM35261 14 of 31 204, 12' through lane, 20' lane, type A-8 curb and gutter, 21' landscaped parkway with a 10' concrete multipurpose trail). Final alignment will be approved on the geometric approval drawings prior to the acceptance of final improvement plans. Final alignment will be approved as part of the geometric approval drawing prior to the acceptance of final improvement plans. A bus turn out conforming to the requirements of Riverside Transit Authority shall be constructed north of the southerly access per Standard No. 814. 52. Designated right turn lanes shall be provided for the northerly and southerly driveways (Driveway A, northern and C, southern) and main driveway (Driveway B). Sufficient improvements shall be provided to transition to the existing roadway north of the property to the satisfaction of the City engineer. The ultimate curb return, traffic signal, and interim transitions shall be constructed under an agreement with the adjacent applicant- to the west known as "The Junction" PP22279, if construction timing of the two projects permits. The location of Driveway B on Haun Road Shall be coordinated with "The Junction" to the satisfaction of the City Engineer. The road alignment shall have no horizontal offset and be symmetrical with the centerline. Uniform sections of roadway shall have the same bearing as the street centerline. Final alignment will be approved as part of the geometric approval drawing prior to the acceptance of final improvement plans. A "Scott Road" advance street name sign shall be installed in the raised median on Haun Road preceding Scott Road in the southbound direction. 53. Scott Road — Scott Road shall be constructed per Std. No. 91 Mod partial width (12' to 21' landscaped parkway with 5' offset sidewalk and 8" Type "D" curb Std. No. 204, two right turn lanes 12' and 14', one 12' through lanes, one 12' left turn lane, 4'-14' raised median, two through lanes 12' and 14', and 6" AC dike with 2:1 max slopes. Scott Road improvements shall be constructed to conform to the ultimate 1-215 interchange. Construction limits may be modified to accommodate existing constraints to the satisfaction of the City Engineer. Final alignment will be approved as part of the geometric approval drawing prior to the acceptance of final improvement plans. 54. Assessment Districts - Should this project lie within any assessment/benefit district, the applicant shall, prior to issuance of a building permit, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 55.Ordinances 460/461 - With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). Conditions of Approval PM35261 15 of 31 It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. 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 City Engineer. 56. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. 57. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 58. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on -site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. 59. Geotechnical and Soils Reports - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 60. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. Conditions of Approval PM35261 16 of 31 61.Import/Export - In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the City Engineering Department. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering department prior to grading operations. 62.Offsite Grading Easements - Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized agreement and recorded documents shall be submitted to the Engineering Department. 63. Plan Submittals - Three (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 9"x12". A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 64. Final WQMP - A Final WQMP shall be submitted for review and approval by the City Engineering Department for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033 65. Increased Runoff - The proposed development of this site may adversely impact downstream property applicants by increasing the rate and volume of flood flows. To mitigate this impact, onsite detention facilities shall be designed and approved. 66. Increase Runoff Criteria - The entire area of proposed development may be routed through detention facilities to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and Conditions of Approval PM35261 17 of 31 feasible the on -site flows shall be mitigated before combining with off -site flows to minimize the size of the detention facility required. If it is necessary to combine off -site and on -site flows into a detention facility two separate conditions shall be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off - site plus on -site), and the second for the area to be developed alone (on - site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on -site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre -developed, post -developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins shall be designed for joint -use and be incorporated into open space or park -areas. Side slopes shall be no steeper than 4:1 and depths shall be minimized where public access is uncontrolled. A viable maintenance mechanism (a Final WQMP), acceptable to City Engineering Department, shall be provided for detention facilities. 67. Increased Runoff Study Required - A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention facilities, shall be submitted to the City Engineering Department for review and approval. Increased runoff mitigation basin criteria shall be as indicated in condition "Increased Runoff Criteria". If the City Engineer approves an increased runoff policy which supersedes this criterion prior to the submittal of the complete drainage study, then the current policy shall apply. 68. NPDES Compliance — This project requires a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the State Water Resources Control Board. Clearance for grading shall not be given until the district and the City Engineering Department has determined that the project has complied with the current Regional Water Quality Control Board requirements regarding the NPDES Construction General Permit. The applicant shall file a Notice of Intent electronically with the EPA and provide a copy of this document to the Engineering Department. The applicant shall provide the City Engineering Department evidence of compliance with the requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The applicant 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. Additionally, at the time the City adopts, as part of any ordinance, regulations specific to the NPDES, this project shall comply with them. Applicant shall conform to the latest NPDES requirements for BMP set forth by the Regional Water Quality Control Board at the time of installation. Conditions of Approval PM35261 18 of 31 69. SWPPP Required - The applicant shall provide written proof of compliance with the California Regional Water Quality Control Board, Santa Ana Region's Watershed -wide waste discharge requirements as follows: The management and maintenance of the project site shall be in accordance with the projects approved Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: The Applicant shall provide educational materials to the facility manager and employees on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the property applicant. These materials shall address good housekeeping practices associated with the site's land use and or uses (e.g., good housekeeping practices for office, or industrial land use). Employers at this site shall adapt these materials for training their employees in good housekeeping practices (BMP N1 & N13); Only pesticide applicators who are certified by the State of California as Qualified Applicators or who are directly supervised by a Qualified Applicator shall apply pesticides to common area landscaping. The applicator shall apply all pesticides in strict accordance with pesticide application laws as stated in the California Food and Agricultural Code. Fertilizer shall be applied to area landscaping in accordance with the manufacturer's recommendations. Application to hardscape surfaces shall be avoided (BMP N3); The 'catch basins', more particularly described on approved Exhibit A shall be inspected and, if necessary, cleaned by the applicants no later than October 15th of each year. "ONLY RAIN IN THE DRAIN' and 'NO DUMPING' stencils shall be repainted as necessary to maintain legibility (BMP N4 & S12); The property applicant shall keep the area free of litter. Litter receptacles shall be emptied at least once a month. Where improper disposal of trash has occurred, the operator shall take corrective action within forty-eight hours of discovery (BMP N5); The 'water quality inlets, oil/water separators and trash racks' shall be inspected and, if necessary, cleaned by the operator no later than October 15th of each year (BMP S4 & S13). The driveways and parking lots shall be swept by the property applicant at least once a year and shall be swept no later than October 15th of each year (BMP N6); The property applicant shall keep loading docks in a clean and orderly condition through a regular program of sweeping, litter control, and the immediate cleanup of spills and broken containers. In accordance with the Riverside County Ordinance No. 754, Establishing Storm Water/Urban Runoff Management and Discharge Controls, illicit discharges and non -storm water discharges (e.g., wash water) from loading docks to storm water drains shall not be allowed (BMP N12); The property applicant shall maintain an up-to-date list identifying the party or parties responsible for the implementation and maintenance of each of the BMPs described herein. The list shall include the party's name, organization, address, a phone number at which the party may be reached 24 hours a day, and a description of the parry's responsibility for implementation and maintenance of a particular BMP (BMP N14). Conditions of Approval PM35261 19 of 31 70. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Obtain permits from Cal Trans for work within the State road right-of- way on 1-215 southbound off ramp and Scott Road. d. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 71. Caltrans — Copies of the site grading and drainage plans shall be sent to Caltrans to identify the extent of project impact to the adjacent State right- of-way. A minimum distance of 1 meter between proposed wall and/or footing, and existing State right-of-way shall be maintained to reduce the need for Caltrans encroachment permits. A minimum distance of 4 feet between retaining walls or buildings and existing State right-of-way fencing shall be maintained to avoid creation of a trash trap condition. Prior to Parcel Map Recordation 72. Haun Road - Right-of-way shall be dedicated for a Major Highway per Riverside County Standard No. 93 (767118') on Haun Road from Scott Road to a the project northerly boundary including additional right of way for the intersection widening at Scott Road (98'/140'). Additional right-of-way shall be acquired by the adjacent property owner and provide transition improvements to the existing road as approved by the City Engineer. If the applicant is unsuccessful in negotiating any right-of-way acquisition with the adjacent owners after a 30 day period, then the City shall conduct the necessary analysis to determine in its sole discretion whether to attempt to acquire the right-of-way by exercise of its power of eminent domain; provided, however, that nothing herein shall be deemed a prejudgment or commitment with respect to condemnation. In the event that the right-of- way cannot be acquired and the City elects to not exercise its power of eminent domain, then the applicant shall provide full improvements within the project limits and transition within the existing right of way. Conditions of Approval PM35261 20 of 31 73. Scott Road - Right-of-way shall be dedicated for an Urban Arterial Highway per Riverside County Standard No. 91 (1527110') on Scott Road from Haun Road to the 1-215 Interchange including additional right of way for the intersection widening at Haun Road (1237166). Additional right-of-way shall be acquired, if necessary, from the adjacent property owner to provide transition improvements to the existing road as approved by the City Engineer. If the Applicant is unsuccessful in negotiating any right-of-way acquisition with the adjacent owners after a 30 day period, then the City shall conduct the necessary analysis to determine in its sole discretion whether to attempt to acquire the right-of-way by exercise of its power of eminent domain; provided, however, that nothing herein shall be deemed a prejudgment or commitment with respect to condemnation. In the event that the right-of-way cannot be acquired and the City elects to not exercise its power of eminent domain, then the applicant shall provide full improvements within the project limits and transition within the existing right of way. 74. 1-215 Interchange - Right-of-way shall de dedicated on the project site to accommodated the ultimate 1-215 interchange design including road improvements, slopes, walls, setbacks, drainage facilities, utilities, and other appurtenances to the satisfaction of Caltrans and the City Engineer 75. Street Improvements — The applicant shall provide a Geometric Approval Drawing (GAD) that shows all offsite improvements to be constructed and traffic signals to be installed as part of this project including striping, lane widths, turn pocket lengths, typical sections, pavement transitions, medians, power poles, project tie-in to existing improvements, and major appurtenances to be relocated and roadway dimensions. The GAD shall show sight distance lines at all intersections and driveways for the onsite and offsite improvements. The GAD shall include improvements to be constructed with the project and for the ultimate improvements with "The Junction" on two separate exhibits. The onsite improvements shall be referenced on the GAD and may be screened back. The GAD shall be approved by the City Engineer prior to the acceptance of the street improvement plan check process. 76. Financing Mechanism THE APPLICANT/DEVELOPER or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, PAYMENT OF DIF, private LOANS OR GRANTS or other public and/or private funding mechanism(s). Evidence of financing the DEVELOPER'S SHARE of the ultimate improvements of the 1/215 Scott Road interchange, shall be demonstrated to the satisfaction of the City Manager prior to recordation of the final map. 77. Caltrans - The applicant shall comply with all Caltrans requirements and not limited to the following. Conditions of Approval PM35261 21 of 31 • Maximum capacity of freeway area drainage systems cannot be exceeded. Should 100 year project runoff volumes be determined to exceed the maximum capacity of downstream State drainage facilities, on -site detention basins, new drainage systems or other impact mitigation will be required. • Existing area drainage patterns, tributary runoff areas, existing area drainage facilities, and proposed project drainage design shall be clearly identified and analyzed to validate proposed drainage improvements. Prior to Issuance of Grading Permit 78. No Grading Permits. PM35261 is a Schedule E subdivision. No grading permits shall be issued pursuant to this subdivision. Prior to Issuance of Building Permit 79. No Building Permits. PM35261 is for a Schedule E subdivision. No building permits shall be issued pursuant to this subdivision. Conditions of Approval PM35261 22 of 31 Section IV: Riverside County Flood Control District Conditions of Approval Conditions of Approval PM35261 23 of 31 General Conditions 80. Flood Hazard Report. Parcel Map 35261 is a proposal to subdivide an approximately 30-acre site into 8 lots for commercial development. The site is located in the Menifee area on the south side of Scott Road between Haun Road and Interstate 215. Plot Plan 22674 is being processed concurrently with this PM 35261. Site improvements associated with PP 22674 will include the necessary drainage improvements to protect the site from flood hazard along with any features necessary to mitigate the site's impact for both increased runoff and water quality. Unless otherwise approved by the District, no grading or building permits for Parcel Map 35261 shall be issued prior to the District's approval of PP 22674 or any other land use case for this site. 81. No Grading or Building Permits. Unless otherwise approved by the District, no grading or building permits for Parcel Map 35261 shall be issued prior to District approval of improvement plans for Plot Plan 22674 or any other land use case for this site. - Prior to Final Map 82. ECS Sheet. A copy of the environmental constraint sheet and the final map shall be submitted to the Riverside County Flood Control District for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee. 83. Drainage Facilities. Onsite drainage facilities/water quality features located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". Prior to Issuance of Grading Permit 84. Grading. Unless otherwise approved by the District, no grading permits for Parcel Map 35261 shall be issued prior to District approval of plans for Plot Plan 22674 or any other land use case for this site. Conditions of Approval PM35261 24 of 31 Section V: Riverside County Fire Department Conditions of Approval Conditions of Approval PM35261 25 of 31 General Conditions 85. Pavement Markers. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 86. Fire Hydrants. Approved super fire hydrants, (6"x4"x2 1/2"x2 1/2") shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. 87. Fire Flow. The water mains shall be capable of providing a potential fire flow 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2-hour duration at 20 PSI residual operating pressure. Prior to Final Map 88. Water System Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 89. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. Conditions of Approval PM35261 26 of 31 Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval PM35261 27 of 31 General Conditions 90. EMWD Service. All lots under Parcel Map#35261 are proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service for each lot are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) must be properly removed or abandoned under permit with the Department of Environmental Health (DEH). Prior to Final Map 91. Water System. A water system shall have plans and specifications approved by the water company and the Department of Environmental Health. 92. Securities. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 93. Sewer System. A sewer system shall have mylar plans and specifications as approved by the District, the Engineering Department and the Department of Environmental Health. 94. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Conditions of Approval PM35261 28 of 31 Section VII: Riverside County Environmental Programs Department Conditions of Approval Conditions of Approval PM35261 29 of 31 Prior to Grading Permit Issuance: 95. Burrowing Owl Survey. per PDB05206 Pursuant to Objective 6 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the County Biologist. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided. However, when the Burrowing Owl is present, active relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. 96. Riparian/Riverine/Vernal Pool Proof. The applicant shall provide proof of compensatory in lieu fee payment and proof for 401, 404, and 1602 permit consultations and permits/agreements where applicable to the City of Menifee, include the Riverside County Environmental Programs Department, prior to initiation of site disturbance within jurisdictional areas.. 97. Nesting Bird Survey. A nesting bird survey is required between February 1st and August 31 st. No grading permit shall be issued between February 1 st and August 31st unless a qualified biologist, currently holding an MOU with the County, conducts a nesting bird survey. The results of the survey shall be submitted directly to EPD for review and approval prior to issuance of any grading permit. If nesting activity is observed, California Department of Fish and Games (CDFG) shall be contacted in order to establish proper buffers. Documentation of the installation of buffers and consultation with CDFG shall be provided to EPD prior to any grading activities. This condition only applies if a grading permit is sought between February 15th and August 31st. No nesting bird survey shall be required outside of the nesting season. If you have any questions about this condition please contact EPD directly at 951- 955-6892. 98. Best Management Practices. Prior to issuance of a grading permit or any site preparation, best management practices (BMP's) must be installed by a qualified biologist to prevent downstream impacts to riparian/riverine habitat. BMPs will include, but not be limited to the placement of silt fencing. Once BMPs are in place, EPD must be contacted directly for a site visit to make sure the BMPs are acceptable. Please contact Biologist, Jared Bond, with the Riverside County Environmental Programs Department with any questions and to schedule a site visit at (951) 955-0314. Conditions of Approval PM35261 30 of 31 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print) Title (please print). Conditions of Approval PM35261 31 of 31