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PC10-048Resolution 10-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO.2009-121 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 Plot Plan No. 22674 (City Case #2009-121) (the "Project") for a 240,980 sq. ft. shopping center; 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. 10-048 Plot Plan 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 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. Resolution No. 10-048 Plot Plan for Menifee Shopping Center October 12, 2010 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. 4. 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. 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 Scenic Highway Commercial (C-P-S) to the north, south and east, and Industrial Park to the west. 9. The proposed signs affixed to the Walmart building (8' x 37' 3" "Walmart" sign, 3' 5'/" x 29' 8 Y2" "Market & Pharmacy" sign, 3' 4" x 21' 9 Y2" "Home & Living" sign, and the 3' 5" x 22' 8" "Outdoor Living" sign on the front of the building and a 5' 6" x 8' "Walmart" sign on the west elevation) are consistent with Ordinance No. 348, Section 19.4, b. "Signs Affixed to Buildings." 10. The public's health, safety, and general welfare are protected through project design. 11. The proposed project is compatible with the present and future logical development of the area. 12. 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. 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. Plot Plan No. 2009-121 for a 240,980 sq. ft. shopping center, is approved subject to the Conditions of Approval and Mitigation Monitoring Plan as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on October 12, 2010. Resolution No. 10-048 Plot Plan for Menifee Shopping Center October 12, 2010 PASSED, APPROVED AND ADOPTED THIS 12'h DAY OF OCTOBER, 2010, BY THE FOLLOWING VOTE: ATTEST: Matthew Liesemeyer, Chair i -j 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.cityoftenifee.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. 10-048 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 12t' day of October, 2010 by the following vote: Ayes: Vesey, Zimmerman, Thomas, Liesemeyer Noes: Miller Absent: None Abstain: None MaA4�E Kathy Bennett, City Clerk EXHIBIT "1" Conditions of Approval for Plot Plan No. 2009-121 240,980 sa. ft. Shopping Center 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 1 of 56 Section Conditions Applicable to all Departments 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 2 of 56 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2009-121 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009. APPROVED EXHIBIT B = Elevations for the Major Retail Building (Wal- Mart), Automotive Building and Retail Shops of Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009. APPROVED EXHIBIT C = Floor Plans for the Major Retail Building (Wal- Mart), Automotive Building and Retail Shops Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009. APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009. APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009. APPROVED EXHIBIT D = Design Guidelines for Gas Station, including Canopy and Convenience Store, and Food Buildings of Plot Plan No. 2009- 121, Amended No. 3, dated January 27, 2010. 2. Project Description Plot Plan No. 2009-121. The use hereby permitted is for construction and operation of a shopping center. The shopping center consists of a "major" retail anchor (Walmart) totaling approximately 205,000 square feet, including outdoor garden center uses and ancillary uses as described in the EIR, a 3,200-square-foot fast food restaurant with drive - through, a 2,800-square-foot convenience store with 16-pump fueling station and a drive -through car wash, a 3,000-square-foot fast food restaurant with drive -through, a 6,500-square-foot high turnover sit-down restaurant, 13,800 square feet of retail shops, and a 6,680-square-foot automobile service and repair. 3. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 3of56 instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Environmental Impact Report No. 508, Tentative Parcel Map No. 35261, Plot Plan No. 2009-121 (County Case No. 22674), Conditional Use Permit No. 2009-142 (County Case No. CUP03596), and Conditional Use Permit No. 2009-143 (County Case No. CUP03597). 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the -City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. (applicant initials) 6. Comply with all Conditions. The applicant/developer shall comply with all applicable terms and conditions of Conditional Use Permit No. 2009-142 and Conditional Use Permit No. 2009-143. 7. Mitigation Monitoring and Reporting Plan. The developer shall comply with the mitigation monitoring and reporting plan ("MMRP") which is attached and incorporated as part of these conditions of approval. The MMRP was adopted as part of Resolution No. 10-048. 8. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 4850-6419-2791.1Conditions of Approval for Plot Plan No. 2009-121 4 of 56 9. Business License. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license. For more information regarding business registration, contact the City Clerk. 10. Expiration. This approval shall be used within five (5) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. In the event of any litigation that may be filed challenging the approval of this project, the expiration period shall be tolled until the litigation has gone to final judgment or has been dismissed. By use is meant the beginning of substantial construction contemplated by this approval within a five (5) 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. Should the time period lapse 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 5 of 56 Section II: Planning Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 6 of 56 General Conditions 1. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 2. Phases. Construction of this project may be done progressively in phases provided a plan is submitted with appropriate fees to the Planning Department and approved prior to issuance of any building permits.. 3. Outside Lighting: Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 4. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 5. Land Division Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division (Tentative Parcel Map No. 35621) shall be recorded in accordance with Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any other pertinent ordinance. 6. Parking. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12. a.(2).b), Building Sq. ft. Parking Ratio Parking Parking Required Provided Wal-Mart 185,000 1 space/200 sq. 925 926 (Parcel 1) retail ft. 1 space/1,000 20 (GC) 20 20,000 sq. ft. (GC) garden 1 space/ 2 1 (GC) 1 center employees GC GC Fast Food 3,200 q. ft. 1 space/45 sq. 39 39 (Parcel 2) building - ft. of serving 1,600 sq. area and ft. service 1 space/2 area employees 6 employees Gas Station 2,800 sq. 1 space/200 sq. 16 16 including, ft. ft of retail, 1 Convenienc convenienc space/3 4e50-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 7 of 56 e Store and a store employees and 4 4 Car Wash 2 spaces/per (Parcel 3) stall for the car wash Fast Food 3,000 sq. 1 space/45 feet 39 39 (Parcel 4) ft. - 1,600 of serving area sq. ft. and 1 space/2 service employees area 6 employees Restaurant 6,500 sq. 1 space/45 feet 95 95 (Parcel 5) ft. — 3,825 of serving area sq. ft. of and 1 space/2 service employees area and 20 employees Retail 13,800 sq. 1 space/200 sq. 69 69 (Parcel 6 ft. ft. Automotive 6,680 sq. ft 4 spaces and 4 20 20 (Parcel 7) — 4 service spaces/service bays bay A minimum of 1,228 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. A minimum of thirty-two (32) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning " 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 8 of 56 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 thirteen (13) loading spaces shall be provided as shown on APPROVED EXHIBIT A. The loading spaces for major tenants 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. Bicycle Racks: Bicycle racks with a minimum of 41 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. 7. 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 throughout the life of this plot plan. 8. No Second Floor. No tenant improvement permit, or any other building permit, shall be granted for any second story, second floor, mezzanine, or interior balcony unless a plot plan, conditional use permit, public use permit, substantial conformance or a revised permit is approved by the Planning Department pursuant to Section 18.12 of Ordinance No. 348 in order to assure adequate parking remains within the property. Only a one story building was approved as part of this permit and reviewed for parking standards. 9. Signage Approved. The following signs have been approved by Five (5) signs affixed to the Walmart building: a) 8' x 37' 3" "Walmart" sign on south elevation b) 3' 5 '/2" x 29' 8 Y2" "Market & Pharmacy" sign on south elevation c) 3' 4" x 21' 9 Y2" "Home & Living" sign on south elevation d) 3' 5" x 22' 8" "Outdoor Living" sign on south elevation e) 5' 6" x 8' "Walmart" sign on the west elevation No signage other than those listed above, has been approved as part of this development. No other 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. Prior to the installation of any additional on -site advertising display or structure, the developer shall submit a plot plan application for signage, including applicable deposit based fees, to the City of Menifee Planning Department for review and approval. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 9 of 56 The sign program shall include signs to prohibit overnight vehicle parking. The developer will be required to install signs stating that "No Overnight Recreational Vehicle Parking" is allowed within the shopping center parking lot. This condition was added at the September 14, 2010 Planning Commission Meeting. 10. Reclaimed Water. The permit holder shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site. 11. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 12. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, -including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 13. Hours of Construction. Construction activities shall not occur between the hours of 6:00 pm and 6:OOam (June through September) and 6:00 pm and 7:OOam (October through May) consistent with Riverside County Ordinance No. 847 as adopted by the County of Riverside or subsequent City Ordinance. Construction Times of Operation - Construction activity is limited to the hours of 6:30am to 6:OOpm, Monday through Saturday, June through September and 7:OOam to 6:OOpm, Monday through Saturday, October through May. Construction is not allowed on Sundays or federal holidays without the approval of the City Engineer. 14. Delivery Hours. Deliveries to the out parcels (Parcels 2-7 of Tentative Parcel Map No. 35621) shall only be allowed between the hours of 7:00 am and 10:00 am and 2:00 pm to 8:00 pm. in order to avoid conflicts with truck traffic and customer traffic. Walmart, or subsequent major tenant within Parcel 1, deliveries are allowed from 7:00 am to 8:00 pm. The 8:00 pm cut- off deadline is required per the noise mitigation measures for the proposed project. 15. Trash Compactors. Trash compactor usage shall be prohibited between the hours of 8:00 pm and 7:00 am.. 16. Recyclable Areas. Recyclable Areas (Identified as Pallet/Bale recycling on Exhibit A) associated with Major Retail Building within the project site shall be covered in order to reduce noise impacts. The methods or 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 10 of 56 materials used to cover the recyclable areas shall be reviewed and approved by the Community Development Director. (Non -Standard COA) 17. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided. 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. 18. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be kept onsite unless stored within the approved buildings. 19. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 20. Walmart Garden Center. Sales of goods in the areas identified as "seasonal garden sales" and "outdoor garden sales" on the submitted Wal- Mart Department Plan will be limited to seasonal, outdoor or garden goods, including, but not limited to grills and OUTDOOR cooking, lawn, garden and nursery goods, outdoor decor, outdoor play and patio furniture. (Non - Standard COA) 21. 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". ARCHEOLOGY 22. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 11 of 56 23. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance in consultation with the Pechanga Band of Luiseno Mission Indians. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. LANDSCAPING 24. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning Department and the South Coast Air Quality Management District (SCAQMD). 25. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this plot plan. To ensure that this occurs, the Planning Department shall require inspections prior to final inspection and at six month and twelve month intervals. 26. Maintenance of Parks and Landscaping. All parks, landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES: 27. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 12of56 plan, building plan, elevations, or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Riverside County Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or a subsequent ordinance. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 28. Construction Noise. The project developer shall implement noise mitigation measures during grading. a. During all Project site excavation and grading, all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with the manufactures' standards. b. All stationary construction equipment shall be placed so that entitled noise is directed away from the nearest sensitive receptor. c. During construction, equipment staging areas shall be located in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors. d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00 pm, unless otherwise restricted by City staff. 29. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 13of56 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 14of56 30. Section 1601/1603 Permit. Should any grading or construction be proposed within or along the banks of any natural watercourse or wetland located either on -site or on any required off -site improvement area, the permit holder shall provide written notification to the Planning Department that the appropriate California Department of Fish and Game notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place. Or, the permit holder shall obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit). Copies of any agreement shall be submitted with the notification. 31. Section 1602 Permit. Prior to any earthmoving activities, the project applicant shall complete and submit to California Department of Fish and Game a notification package pursuant to Fish and Game Code section1602, together with the requisite fee. Based on its review of the notification package, CDFG shall determine requisite Lake or Streambed Alteration Agreement (LSAA) measures which shall be required as part of the Mitigation and -Monitoring Plan 32. 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 Plot Plan and EIR 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. PALEONTOLOGY 33. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Proposed project site grading/earthmoving activities could potentially impact this resource. Hence: PRIOR TO ISSUANCE OF GRADING PERMITS: 1.The applicant shall retain a qualified paleontologist approved by the County of Riverside to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). 2.The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the County Geologist for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre -construction project 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 15 of 56 meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B.Paleontological monitoring of earthmoving activities will be conducted on an as -needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C.If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D.If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. Elf fossil remains are found, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F.Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The County of Riverside must be consulted on the repository/museum to receive the fossil material prior to being curated. G.A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the County Geologist for review and approval prior to building final inspection as described elsewhere in this conditions set. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 16 of 56 All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the office of the County Geologist along with a copy of this condition and the grading plan for appropriate case processing and tracking. These documents should not be submitted to the project Planner, the Plan Check staff, the Land Use Counter or any other County office. ARCHEOLOGY 34. Archeologist Retained. It has been established that the project area has a high sensitivity for prehistoric cultural resources. To mitigate for this potential, and pursuant to the recommendations of the Phase I Cultural Resources study (PD-A-4506) prepared by McKenna et.al., dated June 25, 2007, the subject parcel has a moderate level of sensitivity for buried prehistoric resources. Therefore, prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and County guidelines) shall be retained by the land divider for initial monitoring and mitigation services on 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, 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 mitigation services, including the NAME, ADDRESS and TELEPHONE NUMBER of the retained archaeologist shall be submitted to the Planning Department and the Engineering Division. The extent of the monitoring will be determined after the grading plan has been finalized. 35. Native American Monitoring. Tribal monitor(s) from the Pechanga Band of Luiseno Indians 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 signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 17 of 56 divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Should an agreement between the Tribe and the Applicant/Permittee not be established within 45 days of the date the Applicant/Permittee initiates such an agreement with the Tribe, Native American monitoring shall not be required. 36. Cultural Resources Disposition Agreement. Prior to grading permit issuance, the applicant shall provide the Community Development Director evidence of a fully executed agreement with the Pechanga Band of Luiseno Indians 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 for proper treatment and disposition. Should an agreement between the Tribe and the Applicant/Permittee not be established within 45 days of the Applicant's initiation of such an agreement, curation will be required in an approved curation facility within Riverside County. The Applicant/Permittee shall be responsible for all curation costs. FEES 37. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 30.33 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 City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 38. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. 2009-121 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Issuance of Building Permit 39. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety and the Planning Department for plan check approval and shall 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 18 of 56 comply with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 40. 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. In addition, the gas station, convenience store and carwash and restaurants (Pad A, B, C, and G as shown on APPROVED EXHIBIT A) shall comply with the design guidelines, APPROVED EXHIBIT D. 41. Submit Elevations. Elevations for Pads A, B, C, and G shall be submitted to the Planning Department for review and approval prior to issuance of a building permit for those pads. 42. Roof Mounted Equipment Plans. Roof -mounted equipment shall be shielded from ground view and views from the adjacent Interstate 215 on - ramp. All building plans shall show all roof -mounted equipment and methods for screening and shall be submitted to the Planning Department for review and approval prior to building permit issuance. Screening material shall be subject to Planning Department approval. Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 43. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 44. Fencing. A fencing plan shall be submitted to the Planning Department for review and approval (minor plot plan) showing all wall and fence locations and typical views of all types of fences or walls proposed. The fencing plan must be in substantial conformance with APPROVED EXHIBIT L. This plan shall require anti -graffiti coatings on fences and walls, where applicable. 45. Cart Corrals. No temporary or metal cart corrals will be allowed. Cart corrals will be required to be in a fixed, permanent location and shall incorporate enhancements and decorative design. Prior to building permit issuance, the developer shall submit a minor plot plan application with a site plan showing the location of cart corrals with the site and an elevation of the materials to be used to the Planning Department for review and approval. 46. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this plot plan and EIR00508 which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 19 of 56 FEES: 47. Fees. Prior to issuance of building permits, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 48. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 49. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. LANDSCAPING 50. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of- way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in - line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. The location, number, genus, 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 20 of 56 species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (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. 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. 51. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the Six Month and One Year Landscape Inspections. The amount of hours for the Six Month and One Year Landscape Inspections will be determined by the Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. Prior to Final Inspection 52. Occupancy A Certificate of Occupancy shall not be issued for any project building until after January 1, 2013. 53. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 54. Trash Enclosures. Eight (8) trash enclosures which are adequate to enclose a minimum of sixteen (16) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The trash enclosures shall be architecturally enhanced. The enclosures shall be a minimum of six (6) feet in height and shall be made with masonry block and a solid gate which screens the bins from external view. Two (2) recycling areas and two (2) trash compactors shall be located behind the proposed major retailer. 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 enclosures or as approved by the City. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 21 of 56 55. Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 56. Condition Compliance. The Planning Department shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 57. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and EIR00508. The Community Development Director may require inspection or other monitoring to ensure such compliance. 58. Comply with Acoustical Study. The permit holder shall construct and design the project in compliance with the recommendations of the approved acoustical study. The permit holder may be required to submit to the Planning Department a written certification from a state licensed professional that the project was constructed in compliance with the recommendations of the approved acoustical study. The Planning Department may require further inspection by city staff to assure project compliance with this condition of approval. 59. Remove Outdoor Advertising. All existing outdoor advertising displays, signs or billboards shall be removed. PALEONTOLOGICAL 60. Paleontological Monitoring Report. Prior to final inspection, the applicant shall submit to the Planning Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. 61. Archeological Monitoring Report. Prior to final inspection or occupancy, the applicant shall submit to the Planning Department one certified paper copy and two (2) 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 Riverside County Registered Archaeologist. LANDSCAPING 62. Landscape Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance, both the Planning Department's Landscape Inspector and the permit holder's landscape 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 22 of 56 architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 63. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. FEES 64.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The amount of the fee for commercial or industrial development shall be calculated on the basis of the "Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 2009-121 has been calculated to be 28.22 net acres. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 65. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2009-121 is calculated to be 28.22 net acres. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 23 of 56 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. 66. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 24 of 56 Section III: Engineering/Transportation/ Grading Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 25 of 56 General Conditions: 67. 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 . 68. 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. 69. 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. 70. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the applicant in accordance with AQMD requirements. A watering device shall be present and in use at the project site during all grading operations. 71. 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. 72. 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. 73. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section 7012 of the Uniform Building Code. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 26 of 56 74. Slope Setbacks - Observe slope setbacks per Section 2907, figure 29-1 Section 7011, and figure 70-1 of the Uniform Building Code. 75. 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. 76. 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. 77. 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. 78.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 79. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 80. 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 81. 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. 82. 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. 83. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 27 of 56 84. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 85. 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. 86. 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. 87. 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. 88. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 28 of 56 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. 89. 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 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. 90. Traffic Signal Interconnect - Traffic signal interconnect between those signals installed or modified by the project shall be installed as directed by the Engineering Department. 91. 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. 92. Traffic Signal Detection - Video detection shall be implemented at all traffic signals and loops for advanced detection. 93. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 29 of 56 204, 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. 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. If construction timing warrants this project and the project to the west known as "The Junction" PP22279, the ultimate curb return, -traffic signal, and interim transitions shall be constructed concurrently at Driveway B. The location of the main 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. 94. 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. 95. 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. 96. 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). 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 30 of 56 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. 97. 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. 98. 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. 99. 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. 100. Geotechnical and Soils Reports Submittals - 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. 101. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 31 of 56 102. 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. 103. 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. 104. 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. 105. 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 106. 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. 107. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 32 of 56 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. 108. 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. 109. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 33 of 56 110. 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 parry's name, organization, address, a phone number at which the party may be reached 24 hours a day, and a description of the party's responsibility for implementation and maintenance of a particular BMP (BMP N14). Applicant shall conform to the latest NPDES requirements for BMP set forth by the Regional Water Quality Control Board at the time of installation. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 34 of 56 111. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest 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. 112. 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 Building Permit Issuance: 113. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant's geotechnical engineer shall submit compaction reports with 90% or better prior to building permit issuance. 114. No Building Permit without Grading Permit - Prior to issuance of any building permit, the property applicant shall obtain a grading permit and/or approval to construct from the City Engineering Department. 115. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 35 of 56 shown on the approved Grading Plans. The appropriate Engineer -of - Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer -of -Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the City Engineering Department. 116. 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 Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. 117. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Engineer. 118. Street Light Plan - A separate street light plan is required for this project. Street lighting shall be designed in accordance with Street Light Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. 119. 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 (987140'). 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. A major watercourse, with a drainage area of approximately 760 acres, is tributary to the existing culverts at Haun Road near the northwest corner of the project site. A culvert crossing shall be designed to convey flows across Haun Road. This culvert shall be constructed as part of this project to accommodate the required Haun Road improvements prior to the first certificate of occupancy. 120. Scott Road - Right-of-way shall be dedicated for an Urban Arterial Highway per Riverside County Standard No. 91 (1527110') on Scott Road 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 36 of 56 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. 121. 1-215 Interchange - Right-of-way shall de dedicated on the project site to accommodate 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. 122. 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. 123. Caltrans - The applicant shall comply with all Caltrans requirements and not limited to the following. • 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. 124. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 37 of 56 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 issuance of a building permit. Prior to Certificate of Occupancy 125. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and the Scott Road and Bridge Benefit District (RBBD), Zone B. 126. 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 Haun Road and Scott 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 a Landscaping and Lighting Maintenance District by contacting the Transportation Department at (951) 955-6829. 127. Landscape and Lighting Maintenance District (LLMD) - The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed Engineering Department application b. (2)Sets of street lighting plans approved by Engineering Department. c. Appropriate fees for annexation. d. "Streetlight Authorization" form from SCE, IID or other electric provider. 128. Landscape and Lighting Maintenance District (LLMD) - 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). 129. 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. 130. Conform to Elevations - Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 38 of 56 approved Grading Plans. The appropriate Engineer -of -Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. 131. Final Grade Certification — The applicant's civil engineer shall provide the standard City of Menifee final grade certification form prior to certificate of occupancy of each building. 132. Street Lights — Installation- Install street lights along the streets associated with the development in accordance with the standards of County Ordinances 460 and 461 and County procedures and design guidelines. 133. Streetlight Authorization - The applicant shall submit to Engineering Department Permits the following: 1. "Streetlight Authorization" form approved by the L&LMD Administrator. 2. Letter establishing interim energy account from SCE, or other electric provider 134. Install Street Lights. 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). 135. Traffic Signal Installation — All traffic signal construction and associated improvements including the coordination plan shall be complete and operative prior to issuance of certificate of occupancy. The traffic signal construction plans, specifications, and special provisions conforming to the conditions and requirements of the CAMUTCD shall be approved by the City Engineer. 136. Traffic Signal — The applicant 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 a Landscaping and Lighting Maintenance District for the required traffic signals. 137. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per County Ordinance 457. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 39 of 56 138. Horizontal Alignment — 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 centerline, dimensions, 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 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. 139. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct half -width road improvements and 8" type D curb raised medians on Haun Road between northerly property line and Scott Road with transitions to existing roadway. 140. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct half -width road improvements on Scott Road between Haun Road and 1-215 with transitions to existing. 141. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct the project access Driveways A (northern driveway) as a right -turn in and right -turn out access only (no left -turns will be permitted) on Haun Road with the following intersection geometrics: • Northbound: Two through lanes, , and one right -turn lane • Southbound: Two through lanes • Eastbound: N/A • Westbound: One right -turn lane 142. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct the project access and install a traffic signal at Driveway B on Haun Road with the following intersection geometrics: • Northbound: Two through lanes, two left turn lanes, one right turn lane • Southbound: Two through lanes, two left turn lanes • Eastbound: N/A • Westbound: Two left -turn lanes, two right turn lanes. Outer right -turn lane shall be striped as a through lane when PP22279 opens the opposing driveway entrance at Driveway B. 143. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct the project access Driveways C (southern driveway) as a right -turn in and right -turn out access only (no left -turns will be permitted) on Haun Road with the following intersection geometrics: • Northbound: Two through lanes, one right -turn lane • Southbound: Two through lanes • Eastbound: N/A • Westbound: One right -turn lane 4850-641 a-2791.1 Conditions of Approval for Plot Plan No. 2009-121 40 of 56 144. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall modify the traffic signal at the intersection of Haun Road at Scott Road and widen the intersection to the following intersection geometrics: • Northbound: One left -turn lane, one shared through/right-turn lane • Southbound: Two left -turn lanes, one through lane, one right -turn lane • Eastbound: One left -turn lane, one through lane, one right -turn lane • Westbound: One left -turn lane, one through lane, two right -turn lanes If Shops at Scott project is completed and operational, then the following geometrics will apply: • Northbound: One left -turn lane, two through, one right -turn lane • Southbound: Two left -turn lanes, one through lane, one right -turn lane • Eastbound: One left -turn lane, one through lane, one right -turn lane • Westbound: -One left -turn lane, one through lane, two right -turn lanes If The Junction Shopping Center project is completed and operational, then the following geometrics will apply: • Northbound: One left -turn lane, one shared through/right-turn lane • Southbound: Two left -turn lanes, one through lane, one right -turn lane Eastbound: Two left -turn lanes, two through lanes, one right -turn lane Westbound: One left4urn lane, one through lane, two right -turn lanes 145. Street Improvements - Prior to issuance of building permits, project applicant shall modify the traffic signal with fee credit eligibility and/or fair share cost determined by the City Engineer at the intersection of Antelope Road at Scott Road and to widen the intersection to the following intersection geometrics: • Northbound: Two left -turn lanes, two through lane, one right -turn lane • Southbound: One left -turn lanes, one through lane, one right -turn lane • Eastbound: Two left -turn lanes, one through lane, one shared through/right-turn lane. Extension of the drainage culvert will be required. • Westbound: Two left -turn lanes, two through lanes, one right -turn lane 146. Zeiders Road - The project applicant shall pave the currently unpaved segment of Zeiders Road between Scott Road and Keller Road (approximately 0.7 miles) one lane in each direction (15 feet each lane, 30 feet wide total). The Commerce Pointe I and II project (PP21452 and PP22280) has already been conditioned to pave and widen this segment of Zeiders Road as part of its Conditions of Approval. If the Commerce Pointe I and II project paves Zeiders Road subsequent to this project, then this condition is satisfied and the applicant is not required to do anything further nor reimburse the City or Commerce Pointe I and II for that work. If project applicant paves Zeiders Road subsequent to Commerce Pointe I and II, then project applicant will be eligible for future fair share reimbursement. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 41 of 56 Section IV: Riverside County Flood Control District Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 42 of 56 General Conditions 147. Flood Hazard Report. Plot Plan 2009-121 (County Case No. 22674) is a proposal to develop an approximately 30-acre site for commercial development. The site is located in the City of Menifee on the north side of Scott Road between Haun Road and Interstate 215. Parcel Map 35261 is being processed concurrently with this PP 2009-121. The site receives minimal offsite runoff. The existing onsite topography discharges storm runoff to 3 different outfalls. The mass grading of the site perpetuates these drainage patterns. However, to mitigate the site's water quality impacts, each of these 3 subareas is broken down into several smaller subareas which drain to porous landscape detention (PLD) facilities located throughout the parking areas. Runoff is collected and treated in these facilities and then conveyed downstream. Each PLD shall be designed to treat the pollutants of concern for each tributary subarea or additional mitigation features may be necessary. Additional mitigation features are proposed for the runoff from the roof of the large building (Walmart) located in the north central portion of site. The increased runoff attributed to the development of this site is mitigated by several underground vaults. The use of PLD's, roof filters and underground vaults is acceptable to the District. An encroachment permit from Caltrans may be required for discharging flows into the existing channel located parallel to the freeway or for any other grading or improvements within Caltrans right of way. Several other developments along with road and freeway ramp improvements are proposed in this area. While this development will need to 'stand alone', street and drainage improvements shall be coordinated with surrounding developments. 148. Storm Flows. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adjacent outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 149. Perpetuate and Coordinance Drainage. The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. Development of this property shall be coordinated with development of adjacent properties to ensure that watercourses remain unobstructed and 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 43 of 56 storm water flows are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 150. Increased Runoff. The development of this site will adversely impact downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed a detention basin. Although final design of the basin will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates that the general size, shape, and location of the proposed basin is sufficient to mitigate the impacts of the development. An increased runoff basin shall be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the District for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the District for review and approval. 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 post -development condition than in the pre -development 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 -(.8x%IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on - site flows should 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 should 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 44 of 56 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. Embankment shall be avoided in all cases unless site constraints or topography make embankment unavoidable in the judgment of the General Manager -Chief Engineer. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to both the County and the District, should be provided for detention facilities. Generally, this would mean a CSA, landscape district, parks agency or commercial property owners association. 151. 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 included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the District prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the District prior to issuance of recommended conditions of approval. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP. Also, it 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 45 of 56 should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 152. BMP Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the District. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the District for review and approval prior to the issuance of occupancy permits. 153. Phasing. If the development of the site is constructed in phases, the first phase of the development must construct all the water quality mitigation features for the entire site. Alternatively, a WQMP feature to serve a specific phase of a project can be constructed either 1) within the limits of the phase or 2) outside of the boundaries of the phase. In the case of the latter, the BMP shall be constructed within an easement and this easement shall be recorded. It should be noted that future phases of the development will be required to provide not only any water quality mitigation features required for that particular development but must also account for the mitigation features located on that particular site. All mitigation features shall comply with the current regulations of the Regional Water Quality Board. Prior to Issuance of Grading Permit 154. 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. 155. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 46 of 56 156. 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. 157. Written Permission for Off -site. Written permission shall be obtained from the affected property owner(s) allowing the proposed grading and/or facilities to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the District for review and approval. 158. Encroachment Permit. An encroachment permit shall be obtained for any work within CalTrans right of way or with CalTrans facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 159. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. All BMP features shall be shown on the grading plans. Prior to Issuance of Building Permit 160. 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. 161. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. All BMP features shall be shown on the grading plans. Prior to Building Final Inspection 162. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of storm water quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 47 of 56 163. BMP Installation. All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The District will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 164. BMP Maintenance and Inspections. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the District for review and approval prior to the issuance of occupancy permits. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 48 of 56 Section V: Riverside County Fire Department Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 49 of 56 General Conditions 165. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 166. Minimum 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 VB construction per the 2007 CBC and Building(s) having a fire sprinkler system. 167. 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. 168. 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. 169. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Prior to Issuance of Buildinq Permit 170. Plan Check Fee. 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. 171. Water Plans. The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 50 of 56 Prior to Building Final Inspection 172. 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. 173. Sprinkler System. 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 174. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-1013C 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) 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 51 of 56 Section VI: Riverside County Environmental Health Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 52 of 56 General Conditions 176. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2009-121 is proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) must be properly abandoned or removed under permit with the Department of Environmental Health (DEH). 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 Plans. 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. Hazmat Waste. The facility requires a hazardous waste permit if a hazardous waste is generated as defined in Title 22 of the California Code of Regulations, Section 66260.10 and 66261.3. The report and fee is due. 180. Hazardous Materials Management Division. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. 181. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 182. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 53 of 56 Section VII: Riverside County Environmental Programs Department Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 54 of 56 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. 2. Riparian/RiverineNernal 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. 3. Nesting Bird Survey. A nesting bird survey is required between February 1st and August 31st. No grading permit shall be issued between February 1st 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. 4. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 55 of 56 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) 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121 56 of 56 Date Title (please print)