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PC11-069Resolution No. PC11-069 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL TO THE CITY COUNCIL OF PLOT PLAN #2009-171 FOR PACIFIC MOBILE STRUCTURES Whereas, on March 28, 2007, the applicant, Pacific Mobile Structures Inc. filed an application for a modular office building and modular home storage facility with the County of Riverside, and, Whereas, in July 2009, the project was transferred to the City of Menifee for processing; and, Whereas, on February 8, 2011, the Planning Commission held a duly noticed public hearing on Plot Plan No. 2009-171, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 600 feet of the project site boundaries. Whereas, at the February 8, 2011 Planning Commission public hearing, the Commission found that: 1. The proposed use conforms to all the requirements of the General Plan and all applicable requirements of State law, the ordinances of Riverside County as adopted by the City of Menifee and any new ordinances adopted by the City. 2. The project site is designated Light Industrial (LI) on the Sun City/Menifee Valley Area Plan. 3. The proposed use, modular office and storage facility, is a permitted use in the Light Industrial (LI) designation. 4. The project site is surrounded by properties which are designated Light Industrial (LI) to the north, south, east and west. 5. The proposed zoning for the subject site is Manufacturing Service Commercial (M-SC). 6. The proposed use, modular office and storage facility, is a permitted use, in the Manufacturing Service Commercial (M-SC) zone. 7. The proposed use, modular office and storage facility, is consistent with the development standards set forth in the Manufacturing Service Commercial (M- SC) zone. 8. The project site is surrounded by properties which are zoned Rural Residential (R-R) to the north, south and west; Manufacturing Service Commercial (M-SC) to the east; One -Family Dwellings — 10,000 sq. ft. minimum (R-1-10,000) to the south; and One -Family Dwellings (R-1) to the east. 9. The public's health, safety, and general welfare are protected through project design. 4843-9194-7784.1 Resolution No. PC11-069 Plot Plan # 2009-171 10. The proposed project is compatible with the present and future logical development of the area. 11. The plan considers the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion and takes into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. 12. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 13. An Environmental Assessment was prepared for the proposed project as revised. The Environmental Assessment determined that although the proposed project could have a significant effect on the environment, the impacts have been mitigated so there will not be a significant effect. A Mitigated Negative Declaration was prepared. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Environmental Assessment No. 41029 is recommended to the City Council for adoption. 3. Change of Zone No. 7409 is recommended for approval. 4. Contingent upon the approval of Change of Zone No. 7409, Plot Plan #2009-171 for the Pacific Mobile Structures office and storage facility is recommended for approval to the City Council, subject to the Conditions of Approval as set forth in Exhibit 1" to this Resolution and as approved by the Planning Commission on February 8, 2011. PASSED, APPROVED AND ADOPTED this 8th day of F ruary 2011, by the following vote: Chris Thomas, Chair Attest: Jennifer Allen, Planning Commission Secretary 4843-9194-7784.1 EXHIBIT 66 1" Conditions of Approval for Plot Plan No. 2009-171 "Pacific Mobile Structures Office and Storage" Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Section VII: Riverside County Environmental Programs Department Conditions of Approval Conditions of Approval for Plot Plan No. 2009-171 1 of 46 Section I: Conditions Applicable to all Departments Conditions of Approval for Plot Plan No. 2009-171 2 of 46 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2009-171 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-171, dated October 18, 2010. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2009-171, dated October 18, 2010. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2009-171, dated October 18, 2010. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2009-171, dated October 18, 2010. APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for Plot Plan No. 2009-171, dated October 18, 2010. APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No. 2009-171, dated October 18, 2010. Project Description Plot Plan No. 2009-171. The use hereby permitted is for the construction and operation of a modular building sales office and storage facility. The project includes a 1,792 sq. ft. modular office building, 39,706 sq. ft. of landscaping and 147,591 sq. ft. of open space for storage. The project site also includes 11 parking spaces. The hours of operation for the sales office are 8:OOam to 5:OOpm. The project site is located north of McLaughlin Road, east of Murrieta Road and west of Hull Road. — APN: 331- 020-005 2. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Environmental Assessment No. 40129 and Plot Plan No. 2009-171 (County Case No. 22670), and Change of Zone No. 7409. 3. 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, Conditions of Approval for Plot Plan No. 2009-171 3 of 46 dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 4. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 5. 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. 6. 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. 7. 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. 8. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Conditions of Approval for Plot Plan No. 2009-171 4 of 46 Section II: Planning Conditions of Approval Conditions of Approval for Plot Plan No. 2009-171 5 of 46 General Conditions 1. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 2. Phases. Construction of this project may be done progressively in phases provided a plan is submitted with appropriate fees to the Planning Department and approved prior to issuance of any building permits. 3. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 4. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 5. Land Division Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division (Tentative Parcel Map No. 35621) shall be recorded in accordance with Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any other pertinent ordinance. 6. No Second Floor. No tenant improvement permit, or any other building permit, shall be granted for any second story, second floor, mezzanine, or interior balcony unless a plot plan, conditional use permit, public use permit, substantial conformance or a revised permit is approved by the Planning Department pursuant to Section 18.12 of Ordinance No. 348 in order to assure adequate parking remains within the property. Only a one story building was approved as part of this permit and reviewed for parking standards. 7. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 8. No Signs. No signs are approved pursuant to this project approval. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted to and approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. 9. 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. 10. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No Conditions of Approval for Plot Plan No. 2009-171 6 of 46 person, shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 11. 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. 12. Hours of Construction. Construction activities shall not occur between the hours of 6:00 pm and 6:30am (June through September) and 6:00 pm and 7:00am (October through May) consistent with Riverside County Ordinance No. 847 as adopted by the City of Menifee or subsequent City Ordinance. 13. Rules for Construction Activities. The project proponent shall comply with all SCAQMD established minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. Any construction equipment using direct internal combustion engines shall use diesel fuel with a maximum of 0.05 percent sulfur and a four -degree retard. Construction operations affecting off -site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through traffic lanes. On -site heavy equipment used during construction shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available or its use is not cost -competitive. 14. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 15. Greenhouse Gases: a. Energy Efficiency. The project is required to incorporate enhanced energy efficiency standards to minimize energy consumption and compliance with Measure XVI. The project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a minimum of 14% or meet/exceed 2008 Title 24 minimum requirements. b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants, adhesives and solvents shall be utilized in the construction of this project. 16. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating "The driver of a diesel -fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is Conditions of Approval for Plot Plan No. 2009-171 7 of 46 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". Electrical Hook-ups. Electrical hook-ups for diesel trucks shall be provided. GEOLOGY 17. Geologic Report 2138. The project shall comply with County Geologic Report No. 2183 submitted for this project, prepared by Global Geo-Engineering, Inc. and entitled: "Geotechnical Investigation Report, Proposed Branch Office, Pacific Mobile Structure, Inc., Murrieta Road, Sun City, California", dated October 12, 2007. In addition, Global Geo-Engineering, Inc., prepared "response to County of Riverside Review Comments, Proposed Branch Office Pacific Mobile Structure, Inc., Murrieta Road, Sun City, California", dated January 25, 2010 and "2nd Response to County of Riverside Review Comments, Proposed Branch Office, Pacific Mobile Structure, Inc., Murrieta Road, Sun City, California", dated February 12, 2010. These documents are herein incorporated as a part of GEO02183. GEO02183 concluded: 1. The closest known active fault is the Elsinore Fault, located approximately 10 miles west-southwest of the subject property. 2. Surface fault rupture or fissuring is not likely to occur on this property. 3. The potential for liquefaction is considered to be very low. 4. The potential for rock falls, landslides or debris flows is negligible. 5. Subsidence is considered to be negligible. 6. The effects of seiches and tsunamis are expected to occur at the site. GEO02183 recommended: 1. The potentially collapsible soils are recommended to be removed and replaced with compacted fill to a depth of one foot below the bottom of the deepest footing and three feet below the slab -on -grade. 2. The design recommendation in report should be reviewed during the grading phase when soil conditions in the excavations become exposed. ARCHEOLOGY 18. 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 Conditions of Approval for Plot Plan No. 2009-171 8 of 46 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. 19. 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 applicable Native American tribal representative. 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 Community Development 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 Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. LANDSCAPING 20. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning Department and the South Coast Air Quality Management District (SCAQMD). 21. 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. 22. Maintenance of Landscaping. All 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. Conditions of Approval for Plot Plan No. 2009-171 9 of 46 FEES: 23. 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 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 24. Construction Noise. The project developer shall implement noise reduction measures during grading. a. During all Project site 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. 25. 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. 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 construction areas shall be wetted at least twice daily during 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 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; Conditions of Approval for Plot Plan No. 2009-171 10 of 46 e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. Conditions of Approval for Plot Plan No. 2009-171 11 of 46 26. 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 EA which must be satisfied prior to the issuance of a grading permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. PALEONTOLOGY 27. 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 City of Menifee 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 Planning Department 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. Conditions of Approval for Plot Plan No. 2009-171 12 of 46 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. E. If fossil remains are encountered, 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 Planning Department for review and approval prior to building final inspection as described elsewhere in these conditions . 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 Planning Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. FEES 28. 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 4.77 Conditions of Approval for Plot Plan No. 2009-171 13 of 46 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. 29. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. 2009-171 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Issuance of Building Permit 30. 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. 31. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 32. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 33. 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. 34. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 35. Waste Management Clearance. A clearance letter from Riverside County Waste Management District shall be provided to the Planning Department verifying submittal of a Waste Recycling Plan (WRP) to the Waste Management Department for approval. 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 EA 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. Conditions of Approval for Plot Plan No. 2009-171 14 of 46 37. Building Plans. Building plans shall be submitted for plan review and approval to the Building and Safety Department prior to building permit issuance. The plans shall contain the following: a. Precise Grading Plan showing an accessible path to the main entrance from the right-of-way. b. Site plan showing van accessible parking, signage and path of travel to the main entrance. c. Plan shall be noted that the modular building shall comply with the California Building Code. d. Plans for the installation of on -site sewer, gas and electric. e. Plans signed by an appropriately registered structural engineer for the permanent foundation system. FEES: 38. 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. 39. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 40. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. LANDSCAPING 41. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Conditions of Approval for Plot Plan No. 2009-171 15 of 46 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. 42. 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. 43. Specimen Trees. Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy trees along streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -staked and secured with non -wire ties. 44. Performance Securities. Performance securities, in amounts to be determined by the Planning Department to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Planning Department. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Conditions of Approval for Plot Plan No. 2009-171 16 of 46 Prior to Final Inspection 45. 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. 46. Trash Enclosures. 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 enclosure 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. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosures or as approved by the City. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 47. Parking. Parking for this project was determined on the basis of Ordinance No. 348, Section 18.12. a.(2).b): A minimum of 11 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 one (1) accessible parking space for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning _." 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. Conditions of Approval for Plot Plan No. 2009-171 17 of 46 48. Bicycle Racks. Bicycle racks with a minimum of 2 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. 49. Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 50. 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. 51. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and EA. The Community Development Director may require inspection or other monitoring to ensure such compliance. 52. Waste Management Clearance. Prior to issuance of an occupancy permit, the applicant shall provide a clearance letter from Riverside County Waste Management verifying compliance with the approved Waste Recycling Plan. 53. Fencing. Fencing shall comply with APPROVED EXHIBIT A. The approved Exhibit A shows 6-foot high wrought iron on the north, south and west property lines and existing chain link fencing on the east property line (rear of the lot, fencing installed and shared with adjacent property). PALEONTOLOGICAL 54. 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. LANDSCAPING 55. 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. 56. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Conditions of Approval for Plot Plan No. 2009-171 18 of 46 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 57.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The amount of the fee for commercial or industrial development shall be calculated on the basis of the "Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 2009-171 has been calculated to be 4.63 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. 58. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2009-171 is calculated to be 4.63 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. Conditions of Approval for Plot Plan No. 2009-171 19 of 46 59. 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. Conditions of Approval for Plot Plan No. 2009-171 20 of 46 Section III: Enqineerinq/Transportation/ Gradinq Conditions of Approval Conditions of Approval for Plot Plan No. 2009-171 21 of 46 General Conditions: 60. 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. 61. 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. 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 City for review. 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. 62. 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. 63. Drainage Grade - Minimum drainage grade shall be 1% except on portland cement concrete where 0.50% shall be the minimum. Please show direction of drainage patterns on the site with direction arrows and respective percent gradient. 64. Slope Setbacks - Observe slope setbacks per Section 2907, figure 29-1 Section 7011, and figure 70-1 of the Uniform Building Code. 65. 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. 66. 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. Conditions of Approval for Plot Plan No. 2009-171 22 of 46 67. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 68. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 69. 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. 70. 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. 71. Development Access - Access to the development shall be limited to Murrieta Road by means of one commercial driveway. The driveway is permitted for ingress and egress. 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 strength of 3,250 psi. 74. Murrieta Road — Murrieta Road shall be constructed per Std. No. 94 Mod partial width (6" curb and gutter, 32' of improvements, and 18' landscaped parkway with a 5' sidewalk). 75. Driveways — Commercial driveway approaches shall be constructed per Std. No. 207A with adequate radius to accommodate truck turning movements. 76. Assessment Districts - Should this project lie within any assessment/benefit district, the applicant shall, prior to issuance of a building permit, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 77. 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 Conditions of Approval for Plot Plan No. 2009-171 23 of 46 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. 78. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. 79. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 80. Written Permission for Off -site. Written permission shall be obtained from the affected property owner(s) should any grading and/or facilities need to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the City for review and approval prior to grading permit issuance or within six months of Project approval, whichever occurs first. 81. Performance Security — Prior to grading permit issuance, the applicant shall post performance security with the City Engineering Department for grading, landscaping, erosion control, street improvements, water, sewer, and survey monuments. 82. 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. 83. Geotechnical/Soils Reports - Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the City Engineering Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. Conditions of Approval for Plot Plan No. 2009-171 24 of 46 84. 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. 85. Plan Submittals - Three (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 8"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. 86. Offsite Drainage - Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to issuance of grading permits or within six months of Project approval, whichever occurs first. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. 87. Site Drainage - Positive drainage of the site shall be provided at 1 % minimum slope, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on -site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. 88. 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. 89. WQMP - In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and Conditions of Approval for Plot Plan No. 2009-171 25 of 46 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.floodcontro1.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to: a) Identify potential post -project pollutants and hydrologic impacts associated with the development; b) Identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post - development BMPs; and c) Identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the City prior to issuance of recommended conditions of approval. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. Prior to grading permit issuance or within eight months of Project approval, whichever occurs first 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. 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. 90. 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 City for review. Conditions of Approval for Plot Plan No. 2009-171 26 of 46 Development of this property shall be coordinated with development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review. 91. Flood Hazard Report - Plot Plan 22670 is a proposal to develop an approximately 4.7-acre site for the commercial purpose of modular building sales. Development of the site includes an office building and shop with a majority of the site left for the storage of the constructed modular buildings. The site is located in the City of Menifee on the east side of Murrieta Road north of McLaughlin Road. Resolving drainage and flooding problems in this area is difficult due to the very flat topography combined with a lack of drainage infrastructure. The construction of Romoland MDP Line A and the connecting laterals would greatly improve most flooding and drainage situations associated with development in this area. While each individual development has its' own drainage issues and concerns, the District would typically recommend that high density developments in this area (Tracts, Condominiums, Shopping Centers, Industrial Parks and any development in the flood plain) wait until those regional flood control facilities required to protect the development and the surrounding properties are constructed or to construct the necessary lateral(s) from the development site to Line A and additionally construct Line A from this connection point to the San Jacinto River. Low density developments (projects that propose impervious surfaces purely for access and a single structure for operational purposes) located outside of the floodplain limits may be able to develop with some floodproofing measures. These types of developments will have a minimal impact on the watershed. The District would consider the minimal amount of impervious surface on this 4.7-acre lot and the proposed land use for PP 22670 as low density. The topography of the area is very flat with a mild northeasterly slope. Due to the lack of drainage infrastructure in the area, the site may be subject to sheet flow flooding. In order to prevent flood damage, the office building shall be floodproofed by elevating the finished floor a minimum of 18- inches about the highest adjacent ground. The shop and storage area may still be subject to flood damage. Asphalt pavement is proposed for the parking area and the access driveway and fire lane. Except for the landscaping around the perimeter, gravel is proposed for the remainder of site. While Exhibit A indicates the maximum gravel thickness is 8-inches, the District recommends a minimum gravel thickness of 4-inches. A preliminary project -specific Water Quality Management Plan (WQMP) was submitted which proposes grass -lined swales along the northerly and easterly property line to mitigate the development's water quality impact. The WQMP indicates the 1-foot deep swales have a bottom width of 1-foot with 7:1 sideslopes. The District recommends the bottom width of the swales be a minimum of 6-foot wide with sideslopes no steeper than 4:1. Due to the minimal impervious surface proposed along with the extensive gravel surface proposed throughout the majority of the site, this development is not required to mitigate for increased runoff. Should additional impervious areas be proposed in the future, mitigation for increased runoff should be considered. This site is located within the boundaries of the Line A sub -watershed of the Conditions of Approval for Plot Plan No. 2009-171 27 of 46 Homeland/Romoland Area Drainage Plan (ADP) for which drainage fees have been established. 92. 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. 93. SWPPP Required - The applicant shall provide written proof of compliance with the California Regional Water Quality Control Board, Santa Ana Region's Watershed -wide waste discharge requirements as follows: The management and maintenance of the project site shall be in accordance with the projects approved Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: The Applicant shall provide educational materials to the facility manager and employees on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the property applicant. These materials shall address good housekeeping practices associated with the site's land use and or uses (e.g., good housekeeping practices for office, or industrial land use). Employers at this site shall adapt these materials for training their employees in good housekeeping practices (BMP N1 & N13); Only pesticide applicators who are certified by the State of California as Qualified Applicators or who are directly supervised by a Qualified Applicator shall apply pesticides to common area landscaping. The applicator shall apply all pesticides in strict accordance with pesticide application laws as stated in the California Food and Agricultural Code. Fertilizer shall be applied to area landscaping in accordance with the manufacturer's recommendations. Application to hardscape surfaces shall be avoided (BMP N3); The'catch basins', more particularly described on approved Exhibit A shall be inspected and, if necessary, cleaned by the applicants no later than October 15th of each year. "ONLY RAIN IN THE DRAIN' and 'NO DUMPING' stencils shall be repainted as necessary to maintain legibility (BMP N4 & S12); The property applicant shall keep the area free of litter. Litter receptacles shall be emptied at least once a month. Where improper disposal of trash has occurred, the operator shall take corrective action within forty-eight hours of discovery (BMP N5); The 'water quality inlets, oil/water separators and trash racks' shall be inspected and, if Conditions of Approval for Plot Plan No. 2009-171 28 of 46 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). 94. 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 City 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 City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. 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 City for review and approval prior to the issuance of occupancy permits. Prior to Building Permit Issuance: 95. 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% and 95% or better prior to building permit issuance. 96. Rough Grade Certification — The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form. 97. BMP Installation. Prior to final occupancy or within twelve months of Project approval, whichever occurs first, all structural BMPs described in the project - specific WQMP shall be constructed and installed in conformance with approved Conditions of Approval for Plot Plan No. 2009-171 29 of 46 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 City will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 98. 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. 99. 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. 100.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. 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 City for review. The plans must receive City approval prior to the issuance of grading permits or within six months of Project approval, whichever occurs first. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. 101.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. 102.Street Light Plan - A street light plan is required for this project. Street lighting shall be designed in accordance with Street Light Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordiance 461, Standard No's 1000 or 1001. 103. Murrieta Road. - Right-of-way shall be dedicated as a Secondary Highway per Riverside County Standard No. 94 (64'/100'). Conditions of Approval for Plot Plan No. 2009-171 30 of 46 Prior to Certificate of Occupancy: 104.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, and the Development Impact Fees (DIF). 105. Landscape in Right -of -Way. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinance 461 and shall require approval by the Engineering Department. Landscaping plans shall be designed and submitted to the Engineering Department. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. Line of sight lines and restricted use areas shall be shown on the landscape plans per Std. No. 821 and 1101. Assurance of continuous maintenance is required for an application for annexation into a Landscaping and Lighting Maintenance District by contacting the Transportation Department at (951) 955-6829. 106. Landscape and Lighting Maintenance District (LLMD) - The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: 1. Completed Engineering Department application 2. (2)Sets of street lighting plans approved by Engineering Department. 3. Appropriate fees for annexation. 4. "Streetlight Authorization" form from SCE, IID or other electric provider. 107. Landscape and Lighting Maintenance District (LLMD) - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals within public road rights -of -way for the required traffic signal(s). 108. 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. 109. 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. 110. 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. 111.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. Conditions of Approval for Plot Plan No. 2009-171 31 of 46 112. Streetlight Authorization. Prior to OCCUPANCY, the project proponent 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 113. 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). 114. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per County Ordinance 457. 115. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct half -width road improvements including all signing and striping on Murrieta Road with transitions to existing roadway. Prior to Building Final Inspection or within 12 Months of Project Approval 116. 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.floodcontro1.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 City'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 or within twelve months of Project approval, whichever occurs first. 117. 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 City for review and approval prior to the issuance of Conditions of Approval for Plot Plan No. 2009-171 32 of 46 occupancy permits or within twelve months of Project approval, whichever occurs first. Conditions of Approval for Plot Plan No. 2009-171 33 of 46 Section IV: Riverside County Flood Control District Conditions of Approval Conditions of Approval for Plot Plan No. 2009-171 34 of 46 General Conditions 118. Flood Hazard Report. Plot Plan 22670 is a proposal to develop an approximately 4.7-acre site for the commercial purpose of modular building sales. Development of the site includes an office building and shop with a majority of the site left for the storage of the constructed modular buildings. The site is located in the City of Menifee on the east side of Murrieta Road north of McLaughlin Road. Resolving drainage and flooding problems in this area is difficult due to the very flat topography combined with a lack of drainage infrastructure. The construction of Romoland MDP Line A and the connecting laterals would greatly improve most flooding and drainage situations associated with development in this area. While each individual development has its' own drainage issues and concerns, the District would typically recommend that high density developments in this area (Tracts, Condominiums, Shopping Centers, Industrial Parks and any development in the flood plain) wait until those regional flood control facilities required to protect the development and the surrounding properties are constructed or to construct the necessary lateral(s) from the development site to Line A and additionally construct Line A from this connection point to the San Jacinto River. Low density developments (projects that propose impervious surfaces purely for access and a single structure for operational purposes) located outside of the floodplain limits may be able to develop with some floodproofing measures. These types of developments will have a minimal impact on the watershed. The District would consider the minimal amount of impervious surface on this 4.7-acre lot and the proposed land use for PP 22670 as low density. The topography of the area is very flat with a mild northeasterly slope. Due to the lack of drainage infrastructure in the area, the site may be subject to sheet flow flooding. In order to prevent flood damage, the office building shall be floodproofed by elevating the finished floor a minimum of 18- inches about the highest adjacent ground. The shop and storage area may still be subject to flood damage. Asphalt pavement is proposed for the parking area and the access driveway and fire lane. Except for the landscaping around the perimeter, gravel is proposed for the remainder of site. While Exhibit A indicates the maximum gravel thickness is 8-inches, the District recommends a minimum gravel thickness of 4-inches. A preliminary project -specific Water Quality Management Plan (WQMP) was submitted which proposes grass -lined swales along the northerly and easterly property line to mitigate the development's water quality impact. The WQMP indicates the 1-foot deep swales have a bottom width of 1-foot with 7:1 sideslopes. The District recommends the bottom width of the swales be a minimum of 6-foot wide with sideslopes no steeper than 4:1. Due to the minimal impervious surface proposed along with the extensive gravel surface proposed throughout the majority of the site, this development is not required to mitigate for increased runoff. Should additional impervious areas be proposed in the future, mitigatin for increased runoff should be considered. This site is located within the boundaries of the Line A sub -watershed of the Homeland/Romoland Area Drainage Plan (ADP) for which drainage fees have been established. 119. Elevate Finished Floor. The finished floor of the office building shall be elevated 18-inches above the highest adjacent ground. Any mobile home/premanufactured building shall be placed on a permanent foundation. Conditions of Approval for Plot Plan No. 2009-171 35 of 46 120. 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 stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 121. WQMP. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontro1.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City of Menifee prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the District prior to issuance of recommended conditions of approval. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP. Also, it should be noted that if Conditions of Approval for Plot Plan No. 2009-171 36 of 46 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 122. 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 City of Menifee 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 City of Menifee Engineering Department for review and approval prior to the issuance of occupancy permits. Prior to Issuance of Grading Permit 123. 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 City of Menifee Engineering Department for review. The plans must receive 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. 124. 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 City of Menifee Engineering Department for review. 125. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City of Menifee Engineering Department prior to issuance of permits. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. 126. 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. 127. ADP Fees. The Homeland/Romoland Area Drainage Plan (ADP) has been adopted for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the Conditions of Approval for Plot Plan No. 2009-171 37 of 46 District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set for land divisions having comparable anticipated impermeable surface areas. Plot Plan 22670 is located within the limits of the Line A sub -watershed of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 0.48-acre• subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only, and shall be paid after final approval of the staff report/conditions of approval by the City Council and prior to issuance of permits. 128. WQMP. A copy of the project specific WQMP shall be submitted to the City of Menifee Engineering Department for review and approval. All BMP features shall be shown on the grading plans. Prior to Issuance of Building Permit 129. 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 City of Menifee Engineering Department for review. The plans must receive City of Menifee Engineering Department 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. 130. WQMP. A copy of the project specific WQMP shall be submitted to the City of Menifee Engineering Department for review and approval. All BMP features shall be shown on the grading plans. 131. ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set for land divisions having comparable anticipated impermeable surface areas. Plot Plan 22670 is located within the limits of the Line A sub -watershed of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 0.48-acre subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only, and shall be paid after final approval of the staff report/conditions of approval by the Board of Supervisors and prior to issuance of permits. Prior to Building Final Inspection 132. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to Conditions of Approval for Plot Plan No. 2009-171 38 of 46 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. 133. 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 City of Menifee Engineering Department will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 134. 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 City of Menifee Engineering Department for review and approval prior to the issuance of occupancy permits. Conditions of Approval for Plot Plan No. 2009-171 39 of 46 Conditions of Approval for Plot Plan No. 2009-171 40 of 46 General Conditions 135. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (09-MENI-PP-171) is required on all correspondence. Additional information is available at our website: www.rvcfire.org or go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 136. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards. 137. Surfacing Materials. Access shall be asphalt or concrete surface. 138. 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. 139. Minimum Fire Flow. Minimum required fire flow shall be 1500 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. 140. Fire Hydrants. A combination of on -site and off -site super fire hydrants, on a looped system (6"x4"x 2-2 1/2"), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways and within 250 feet of any modular stored on site. The required fire flow shall be available from any adjacent hydrants(s) in the system. 141. Tank Permits. Applicant or Developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permits, from the Riverside County Fire Department and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tanks(s) shall meet the following standard: Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. 142. Gate Entrances. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. Any gate providing access from a Conditions of Approval for Plot Plan No. 2009-171 41 of 46 road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 40 foot turning radius shall be used. 143. Automatic Gates. Gate (s) shall be automatic or manual operated, minimum 20 feet width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 144. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Prior to Issuance of Building Permit 145. Plan Check Fee. Building Plan check deposit base fee of $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. 146. 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 147. 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. Conditions of Approval for Plot Plan No. 2009-171 42 of 46 Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2009-171 43 of 46 General Conditions 148. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2009- 171 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 149. 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. 150. 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. 151. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 152. Business Emergency Plan. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. Conditions of Approval for Plot Plan No. 2009-171 44 of 46 Section Vll: Riverside County Environmental Conditions of Approval for Plot Plan No. 2009-171 45 of 46 153. Burrowing Owl Survey. Per the biological reports prepared for the project and 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) Date Title (please print) Conditions of Approval for Plot Plan No. 2009-171 46 of 46