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PC10-054Resolution No. PC 10-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND 2010-064 PP CVS Whereas, on April 06, 2010 the applicant, Milestone Management, filed a formal application with the City of Menifee for the construction of a 16,951 square foot CVS pharmacy/drugstore with a drive thru window and to allow the sale of beer, wine and distilled spirits for offsite consumption, and an amendment of Specific Plan 208 to allow a pharmacy/drugstore in the Planning Area 2-4; and Whereas, on November 9, 2010, the City of Menifee Planning Commission considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and Whereas, on November 9, 2010, the City of Menifee Planning Commission made the following findings for 2010-064 PP CVS: 1. An Environmental Assessment was prepared for the proposed project. The Environmental Assessment determined that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration was prepared. 2. The project site is designated Community Development: Commercial Retail on the Sun City Menifee/Valley Area Plan. 3. The proposed project is consistent with the Specific Plan Cal Neva 208. 4. The project site is within Planning Area 2-4 of Specific Plan Cal Neva 208 the three other corners at the intersection of Newport and Bradley Roads are commercially designated. Single Family Residential is found south of the subject property. 5. The zoning for the subject site is Planning Area 2-4 of Specific Plan Cal Neva 208. 6. The proposed Drug store is consistent with Planning Area 2-4 of Specific Plan Cal Neva 208. 7. The proposed project is consistent with the development standards set forth in the Planning Area 2-4 of Specific Plan Cal Neva 208. 8. 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. 4850-3206-6823.1 2. A Mitigated Negative Declaration is hereby approved and staff is authorized to file a Notice of Determination 3. 2010-064 PP CVS is hereby approved and is subject to the Conditions of Approval Exhibit "A" to this Resolution and the Mitigation Measures contained in the Environmental Assessment. PASSED, APPROVED AND ADOPTED this the 9th day of November, 2010. Attest: Kathy Bennett, City Clerk athew LiesemeyeN/Chairman Approved as to form: Karen Feld, City Attorney 4850-3206-6823.1 ENIFE 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.cityofinenifeems 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. 10-054 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 9th day of November, 2010 by the following vote: Ayes: Miller, Thomas, Vesey, Liesemeyer Noes: Zimmerman Absent: None Abstain: None A&z9ut�- Kathy Bennett, City Clerk EXHIBIT "A" Conditions of Approval for Plot Plan No. 2010-064 CVS 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. 2010-064 1 of 45 Section I: Conditions Applicable to all Departments 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 2 of 45 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2010-064 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2010-064, Dated 8.23.10. APPROVED EXHIBIT B = Grading Plan for Plot Plan No. 2010-064, Dated 8.23.10. APPROVED EXHIBIT C = Conceptual Landscaping and Fencing Plans for Plot Plan No. 2010-064, Dated 8.23.10. APPROVED EXHIBIT D = Floor Plans for Plot Plan No. 2010-064, Dated 8.23.10. APPROVED EXHIBIT E = Elevations for Plot Plan No. 2010-064, Dated 8.23.10. APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No. 2010-064, Dated 8.23.10. 2. Project Description Plot Plan No. 2010-064. The use hereby permitted is to construct a 14,654 square foot pharmacy/drugstore with 2,297 square foot mezzanine and dual drive thru lanes on a vacant 1.76 gross acre site located at the southeast corner of Newport Road and Bradley Road and willoperate 24 hours a day, seven days a week. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City 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 approval thereof, or from any proceedings against or brought against the City, 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 any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning 2010-064 PP, 2010-065 CUP and 2010-066 SPA. 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, 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 3 of 45 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. 2010-065 and Specific Plan Amendment No. 201-066. 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. 10-000. 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. 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 two (2) 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 two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 4 of 45 (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 5 of 45 Section II: Planning Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 6 of 45 General Conditions 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. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 3. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 4. Lot Consolidation/Parcel Merger. A lot consolidation/Parcel Merger is required to eliminate the property line between lots 1 and 2. 5. Parking. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12. a.(2).b), 1 space per 200 sq. ft. 73 spaces required 78 spaces provided by plot plan A minimum of 73 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 four (4) 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 7 of 45 facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning _." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Loading: A minimum of one (1) loading spaces shall be provided as shown on APPROVED EXHIBIT A. 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 Bicycle Racks: Bicycle racks with a minimum of 5 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. 6. Signage Approved. The following signs have been approved as scaled on Approved Exhibit E: • North Elevation (Newport Road) o CVS/Pharmacy, Liquor, Drive-Thru Pharmacy, and Drive Thru-Pharmacy. • West Elevation (Bradley Road) o CVS/Pharmacy, Liquor, Photo, and Drive-Thru Pharmacy. • East Elevation (Side) o CVS/Pharmacy and Drive Thru Pharmacy. • North Elevation (Rear) o CVS/Pharmacy. No signage other than those listed above, has been approved as part of this development. No other outdoor advertising display, monument sign, 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. 7. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 8 of 45 8. 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. 9. 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. 10. 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. 11. Delivery Hours. Deliveries are allowed from 7:00 am to 10:00 pm. The 10:00 pm cut-off deadline is required per the noise mitigation measures for the proposed project. 12. Trash Enclosure and Trash Compactor One (1) trash enclosure which is adequate to enclose a minimum of two (2) 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. CVS will provide one interior trash compactor. No exterior trash compactor is proposed nor allowed. 13. 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. 14. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 15. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 9 of 45 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 16. 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. 17. 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. 48e0-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 10 of 45 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. 18. 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 Soboba 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. 19. 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 20. 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. 21. 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: 22. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan, elevations, or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 11 of 45 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 23. 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. 24. 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; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 12 of 45 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. 2010-064 13 of 45 PALEONTOLOGY 25. 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 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 14 of 45 E.If 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. 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 26.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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 15 of 45 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 representatives) 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. 27. 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 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. 28. Native American Monitoring. Tribal monitor(s) from the Soboba 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 Soboba 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 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 16 of 45 29. 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. 30. 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 Soboba 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 Soboba 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 31. 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 1.76 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 17 of 45 32. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. 2010-064 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Issuance of Building Permit 33. 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 comply with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 34. Roof Mounted Equipment Plans. Roof -mounted equipment shall be shielded from ground view. 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. 35. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 36. 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 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. FEES: 37. 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. 38. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 39. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. LANDSCAPING 40. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 18 of 45 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, 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 19 of 45 41. 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 42. 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. 43. 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. 44. 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. The Community Development Director may require inspection or other monitoring to ensure such compliance. 45. 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. 46. Remove Outdoor Advertising. All existing outdoor advertising displays, signs or billboards shall be removed. PALEONTOLOGICAL 47. 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. 48. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 20 of 45 LANDSCAPING 49. 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 architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 50. 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 51. 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. 2010-064 has been calculated to be 1.76 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 21 of 45 52. 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. 2010-064 is calculated to be 1.76 net acres. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 53. 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. 2010-064 22 of 45 Section III: Engineering/Transportation/ Grading Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 23 of 45 General Conditions: 54. 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 WRCOG . 55. 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. 56. 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. 57. 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. 58. 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. 59. 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. 60. 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. 2010-064 24 of 45 61. 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. 62. 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. 63. 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. 64.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 65. Paving — Roadway Paving shall conform to Ordinance 461. The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 66. Driveways — The following designations shall describe the locations of the project driveway access points. Bradley Road — Commercial Driveway, 40' wide, at south side of property. The driveway movements shall be un-restricted. The driveway is subject to restricted movements at a later date with the installation of a traffic control device to be right in — right out only. Newport Road - Commercial Driveway, 40' wide, may be relocated to center between lot 4 and 5 of Tract No. 22542. An ingress and egress easement must be dedicated for this new location. The existing egress and ingress easement for the existing driveway located between lot 5 and 6 must be vacated. The developer shall provide a designated deceleration and acceleration prior to certificate of occupancy The City will allow conditional use of Newport Road right-of-way. The City's condition for allowing that is as follows: The deceleration/acceleration pocket must be a minimum of 12' wide. Provide the current two lanes in the eastbound direction and three through lanes and designated right turn lane in the westbound condition with 12' wide lane and 11' wide turn pockets. Provide a dedicated 12' right turn lane travelling west turning north on Bradley. Pavement widinening is required on the north side of Newport Road to realign the lanes. A signing and striping plan shall provide a realignment of the lanes. Use a 4850-641e-2791.1Conditions of Approval for Plot Plan No. 2010-064 25 of 45 "design speed" of 60 MPH. The driveway shall be a commercial driveway at grade, as wide as possible. All the striping and lane markers are to be provided per CAMUTCD standards. The acceleration/deceleration lane is to be indicated with a combination of striping, signing and pavement markers. When Newport Road is restriped to provide 3 lanes in each direction, the deceleration/acceleration pocket will be removed if required to provide the full 12' lane widths, shoulder, or bike lane. At that time traffic will accelerate/decelerate within a parking lane. The shoulder will be signed no stopping for the required sight distance and circulation purposes. The 40' wide driveway The east -west internal access road within Tract No. 22542 shall be aligned at Bradley Road to provide the full 25' radius curb return into the site on the south and north sides. The access road shall be designed for heavy truck loads. The alignment shall be as shown on the Conceptual Grading and Drainage Plan, Sheets C-1 and C-2 dated 08/23/2010 or as approved by the City Engineer. Provide striping, directional arrows, stop signs and drive through signs as shown on those plans and/or approved by the City Engineer. The Landscape Plans shall be as presented in the Conceptual Landscape Plan, Sheet L-1 dated 08/02/2010, consistent with the requirements for plant material and irrigation systems approved by the L&LMD and the City Engineer. A stop sign shall be installed for westbound travel on the southerly drive aisle at the eastern property line. 67.Irrevocable Access Easement CVS agrees to provide the adjacent property owner a 24 foot wide Irrevocable Access Easement along the eastern property line to align with one of the two existing drive aisles. 68. 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. 69. 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. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 26 of 45 70. 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. 71. Development Access - Access to the development will be from Bradley Road and Newport Road. 72. 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. 73. 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. 74. Road Improvements - All roads shall be improved to arterial road standards. All easements and right -of way for roadways shall be granted to the City of Menifee. The areas behind the right-of-way the street curbs, not including the trail and handicap ramps shall be landscaped and irrigated and maintained by the L&LMD in accordance with their requirements. 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. The developer shall provide a 6 foot wide detached sidewalk along the Newport Road frontage. The sidewalk will be 4" thick concrete. Weakened plane joints shall be placed at nearest 30' maximum intervals. Felt or fibrous expansion joints are not permitted. 75. 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). 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. 76. 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. 77. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 27 of 45 accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 78. 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. 79. 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 pre -grading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 80. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 81.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. 82. 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. 83. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 28 of 45 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. 84. 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 85. 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 flows shall be routed through MS4 facilities. 86. Increased Runoff Study Required - A complete drainage study including, but not limited to, hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review and approval. 87. 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" (NO[), 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. 88. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 29 of 45 associated with the site's land use and or uses (e.g., good housekeeping practices for office, or industrial land use). Employers at this site shall adapt these materials for training their employees in good housekeeping practices (BMP N1 & N13); Only pesticide applicators who are certified by the State of California as Qualified Applicators or who are directly supervised by a Qualified Applicator shall apply pesticides to common area landscaping. The applicator shall apply all pesticides in strict accordance with pesticide application laws as stated in the California Food and Agricultural Code. Fertilizer shall be applied to area landscaping in accordance with the manufacturer's recommendations. Application to hardscape surfaces shall be avoided (BMP N3); The 'catch basins', more particularly described on approved Exhibit A shall be inspected and, if necessary, cleaned by the applicants no later than October 15th of each year. "ONLY RAIN IN THE DRAIN' and 'NO DUMPING' stencils shall be repainted as necessary to maintain legibility (BMP N4 & S12); The property applicant shall keep the area free of litter. Litter receptacles shall be emptied at least once a month. Where improper disposal of trash has occurred, the operator shall take corrective action within forty-eight hours of discovery (BMP N5); The 'water quality inlets, oil/water separators and trash racks' shall be inspected and, if necessary, cleaned by the operator no later than October 15th of each year (BMP S4 & S13). The driveways and parking lots shall be swept by the property applicant at least once a year and shall be swept no later than October 15th of each year (BMP N6); The property applicant shall keep loading docks in a clean and orderly condition through a regular program of sweeping, litter control, and the immediate cleanup of spills and broken containers. In accordance with the Riverside County Ordinance No. 754, Establishing Storm Water/Urban Runoff Management and Discharge Controls, illicit discharges and non -storm water discharges (e.g., wash water) from loading docks to storm water drains shall not be allowed (BMP N12); The property applicant shall maintain an up-to-date list identifying the party or parties responsible for the implementation and maintenance of each of the BMPs described herein. The list shall include the party's name, organization, address, a phone number at which the party may be reached 24 hours a day, and a description of the 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. 89. 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, 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 30 of 45 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. d. Traffic safety within the road right-of-way including temporary traffic control measures and devices. Prior to Building Permit Issuance: 90. 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. 91. 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. 92. 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 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. 93. 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. 94. 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. 95. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 31 of 45 projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. Prior to Certificate of Occupancy 96. 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. 97. Landscape in Right -of -Way. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinances 457 and 461 and shall require approval by 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 to include an application for annexation into a Landscaping and Lighting Maintenance District by contacting the Transportation Department at (951) 955-6829. The City of Menifee is schedule to take over the administration of this district in 2012. The landscaping will consists of trees and shrubs irrigated by drip irrigation systems all as specified by the L&LMD. Ordinances 457 and 461 govern the use of landscaping. The requirement of one tree every 20' of roadway alignment is required for this project along Bradley Road and Newport Road and the site access street. The tree size requirement is changed to 80% 5 gallon or larger, 15% 15 gallon or larger, and 5% 24" box trees. The landscape designer in encouraged to vary the alignment of trails to provide areas to clump trees and bushes rather than space them every 20% although the same total quantity of trees are required. 98. 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. (2) Sets of landscape and irrigation plans approved by Engineering Department d. Appropriate fees for annexation. e. "Streetlight Authorization" form from SCE, IID or other electric provider. Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Lighting Maintenance District No. 89-1- Consolidated for maintenance of traffic signals, street lights, common landscape and BMP's within public road rights -of -way. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 32 of 45 99. 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. 100. 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 approved Grading Plans. The appropriate Engineer -of -Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. 101. 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. 102.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. 103. 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. Prepay 3 years of energy costs. The City will assume responsibility for payment thereafter which will then be assigned to the L&LMD for payment by the property owners. 104.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). 105. Install Street Name Signs Install Illuminated Street Name Signs. Signs shall be the standard installed with the City with LED lights. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 33 of 45 Section IV: Riverside County Flood Control District Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 34 of 45 General Conditions 106. 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. 107. Perpetuate and Coordinate 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 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. 108. WQMP. In compliance with Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, 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, Storm Water Quality. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 35 of 45 109. 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. 110. 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 111. 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. 112. 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. 113. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 36 of 45 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. 114. 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. 115. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. All BMP features shall be shown on the grading plans. Prior to Issuance of Building Permit 116. 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. 117. 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 118. 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. 119. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 37 of 45 release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 120. 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. 2010-064 38 of 45 Section V: Riverside County Fire Department Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 39 of 45 General Conditions 121. 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. 122. Minimum Fire Flow. Minimum required fire flow shall be 1750 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type VB construction per the 2007 CBC and Building(s) having a fire sprinkler system. 123. Fire Hydrants. A combination of on -site and off -site super fire hydrants, on a looped system (6"x4"x 21/2 x 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. 124. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Prior to Issuance of Building Permit 125. Plan Check Fee. Building Plan check deposit base fee of $307 to $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. 126. 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." Prior to Building Final Inspection 127. 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. 128. 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 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 40 of 45 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.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact fire department for guideline handout 129. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 41 of 45 Section VI: Riverside Coun Environmental Health Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 42 of 45 General Conditions 130. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2010-064 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 Final Inspection 131. 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. 132. 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. 133. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 134. Cal ARP. The business must provide a California Accidental Plan (Cal ARP) to the Hazardous Material Management Department if the business handles acutely hazardous materials or extremely hazardous substances over the threshold planning quantity. The Cal ARP Guideline must be adhered to before approval can be granted. 135. 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. If further review of the site indicates additional environmental health issues, HMMD reserves the right to regulate the business in accordance with applicable County Ordinances. 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 43 of 45 Section VII: Riverside County Environmental Programs Department Conditions of Approval 4850-6418-2791.1Conditions of Approval for Plot Plan No. 2010-064 44 of 45 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. 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. 2010-064 45 of 45 Date Title (please print)