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PC11-073
Resolution PC11-073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2010-058 Whereas, on August 27, 2007 the applicant, Steve Jones, filed formal a application with the County of Riverside (the local government authority for the project area at that time) for Conditional Use Permit No. 3562 (City Case # Plot Plan 2010-058) for a gas station and convenience store with the concurrent sale of beer and wine for off - premises consumption. Whereas, in July 2009, the project was transferred to the City of Menifee Planning Department; and, Whereas, on April 26, 2011, the Planning Commission held public hearing on the Project, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries. Whereas, at the April 26, 2011 Planning Commission public hearing, the Commission continued the project to May 10, 2011; and, Whereas, the Planning Commission held a subsequent public hearing on May 10, 2011, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11 and at the May 10, 2011 Planning Commission the project was continued to the June 14, 2011 Planning Commission; and, Whereas, the Planning Commission held a subsequent public hearing on June 14, 2011, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11 and at the May 10, 2011 Planning Commission the project was continued to the July 26, 2011 Planning Commission; and, Whereas, the Planning Commission held a subsequent public hearing on July 26, 2011, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11 and at the May 10, 2011 Planning Commission the project was continued to the August 23, 2011 Planning Commission; and, Whereas, the Planning Commission held a subsequent public hearing on August 23, 2011, considered public testimony and materials in the staff report and accompanying documents, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the August 23, 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 Commercial Retail (CR) on the Harvest Valley/Winchester Area Plan. Resolution No. 11-073 Gas Station and Convenience Store on Trumble August 23, 2011 3. The proposed use, gas station and convenience store, is a permitted use in the Commercial Retail (CR) designation. 4. The project site is surrounded by properties which are designated Light Industrial (LI) to the north and south and Commercial Retail (CR) to the east and west. 5. There are currently no general plan land use changes proposed on the City's General Plan for this property, and therefore; the project is anticipated to be consistent with the proposed general plan, including a housing element that is consistent with the state housing element law. 6. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and; therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. 7. The project proposes a gasoline service station and convenience store located on the northeast corner of Highway 74 and Trumble Road which is an existing industrial and commercial portion of the City. The project promotes the vision and values by focusing growth in an urban area. The project is not inconsistent with the vision and values of Menifee. 8. The proposed zoning for the subject site is Scenic Highway Commercial (C-P-S). 9. The proposed use, gas station and convenience store, is a permitted use, in the Scenic Highway Commercial (C-P-S) zone. 10. The proposed use, gas station and convenience store, is consistent with the development standards set forth in the Scenic Highway Commercial (C-P-S) zone. 11. The project site is surrounded by properties which are zoned Manufacturing Service Commercial (M-SC) to the north and south, Rural Residential (R-R) along the railroad to the south and Scenic Highway Commercial (C-P-S) to the east and west. 12. The public's health, safety, and general welfare are protected through project design. 13. The proposed project is compatible with the present and future logical development of the area. 14. 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. 15. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. Resolution No. 11-073 Gas Station and Convenience Store on Trumble August 23, 2011 16. An Environmental Assessment was prepared for the proposed project. The Environmental Assessment determined that the proposed project could not have a significant effect on the environment. A 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. Negative Declaration No. 41538 is approved and staff/developer is instructed to file the Notice of Determination. 3. Plot Plan No. 2010-058 for the gas station and convenience store are approved subject to the Conditions of Approval and Mitigation Monitoring Plan as set forth in Exhibit 1" to this Resolution and as approved by the Planning Commission on August 23, 2011. PASSED, APPROVED AND ADOPTED TH,4T23rd DAY OF AUGUST 2011. Chris Thomas, it ATTEST: J nnifer Allen, Planning Commission Secretary Approved as to form: Ka en Feld, City Attorney Wallace W. Edgerton Mayor John V. Denver Mayor Pro Tern Darcy Kuenzi Councilmember Thomas Fuhrman Councilmember Sue Kristiansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 95t67z.6777 Fax 951.679.3843 www.cityofrnenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC11-073 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of August, 2011 by the following vote: Ayes: Matelko, Miller, Zimmerman, Thomas Noes: None Absent: Liesemeyer Abstain: None TIKn'ifEFr Allen, Planning Commission Secretary EXHIBIT 661" Conditions of Approval for Plot Plan No. 2010-058 "Gas Station on Trumble and 74" 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 Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Page 1 of 43 Section I: Departments Page 2 of 43 General Conditions 1. Description. The project proposes a 3,000 sq. ft. convenience store with off -site sale of beer and wine and a gas station with six (6) fuel pumps on a 34,381 sq. ft site. The project provides 13 parking spaces. The project is located on the northeast corner of Highway 74 and Trumble Road in the City of Menifee. The APNs are 329-030-023 and 329-030-055. The approval does not include automobile washing, vehicle/equipment repair, vehicle sales or rental or electronic equipment installation. The operation of these uses within the site will require additional Planning review and applicable entitlements. 2. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's approval thereof, or from any proceedings against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Environmental Assessment and any approval hereunder. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of No. 2010-058 PP Gas Station and Convenience Store shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for No. 2010-057 PP Jack in the Box, dated 1/13/11. APPROVED EXHIBIT G = Grading Plan for 2010-057 PP Jack in the Box, dated 1/13/11. APPROVED EXHIBIT B = Elevations and Materials for 2010-057 PP Jack in the Box, dated 7/19/11. APPROVED EXHIBIT C = Floor Plans for 2010-057 PP Jack in the Box, dated 1/13/11. APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2010-057 Jack in the Box, dated 1/19/11. 4. 90 Days. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. Page 3 of 43 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. 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. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 8. Business Registration. Every person conducting a business within the City of Menifee, shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 9. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Page 4 of 43 Section II: Planning Conditions of Approval Page 5 of 43 General Conditions 10. 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. 11. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 12. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 13. Parking. Parking for this project was determined on the basis of Ordinance No. 348, Section 18.12. a.(2).b), Building Sq. ft. Parking Ratio Parking Required Parking Provided Gas Station and 3,000 sq. 1 space per 200 15 16 Convenience ft. sq. ft. Store A minimum of 1 parking space 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 spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: Page 6 of 43 "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 It 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. 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. 14. Signage. No signage has been approved as part of this development. No other outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. Prior to the installation of any additional on -site advertising display or structure, the developer shall submit a plot plan application for signage, including applicable deposit based fees, to the City of Menifee Planning Department for review and approval. 15. 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. . 16. Reclaimed Water. The permit holder shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 17. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 18. 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. 19. Noise Monitoring Reports. The permit holder may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee or the permittee's successor -in -interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless Page 7 of 43 more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee's successor -in -interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 20. Greenhouse Gases. a. 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. 21. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating "The driver of a diesel -fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". 22. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than 15 minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 23. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be kept onsite unless stored within the approved buildings. 24. Delivery Hours. Deliveries shall only be allowed between the hours of 7:00 am and 10:00 am and after 2:00 pm in order to avoid conflicts with truck traffic and customer traffic. 25. Delivery Trucks. Fuel delivery trucks shall not obstruct the public right-of-way during delivery. 26. Vehicle Sales or Rental. The parking of vehicles and equipment for the purposes of rental or sale shall be prohibited. Page 8 of 43 GEOLOGY 27. The developer shall comply with the findings of the Geology Report. County Geologic Report (GEO) No. 2196, submitted for this project was prepared by Southern California Geotechnical Inc. and is entitled "Geotechnical Investigation, Proposed 7-Eleven Convenience Store, East Corner of Highway 74 at Trumble Road, Romoland (Riverside County), California", dated November 7, 2005. In addition the following reports were submitted for this project: "Addendum to Geotechnical Report, Proposed 7-Eleven Convenience Store, Easter Corner of Highway 74 at Trumble Road, Romoland (Riverside County), California", dated February 29, 2008. "IBC Design Parameters, Proposed 7-Eleven Convenience Store, Easter Corner of Highway 74 at Trumble Road, Romoland (Riverside County), California", dated May 12, 2008. "Geotechnical Investigation, Proposed Jack in the Box Restaurant, Easter Corner of Highway 74 at Trumble Road, Romoland (Riverside County), California", dated November 5, 2005. "Response Report and Additional Subsurface Exploration, Proposed Jack in the Box Restaurant, East Corner of Highway 74 at Trumble Road, Romoland (Riverside County)", California, Dated February 27, 2008. "Second Response to County of Riverside Review Comments, Proposed Jack in the Box Restaurant, East Corner of Highway 74 at Trumble Road, Romoland (Riverside County), California, (CUP03562)", dated May 12, 2010. These documents are herein incorporated as part of GEO02196 GEO02196 concluded: a. The consultant concluded that the active San Jacinto Valley segment of the San Jacinto Fault Zone is located about 17 kilometers from the site. b. The maximum magnitude earthquake anticipated on this fault is a 6.9Mw event. c. No faulting has been mapped on the site or noted during the consultant's geologic infestation of the site. d. The potential for surface fault rupture on the site is considered highly unlikely. e. The consultant's evaluation of liquefaction potential at the site indicates that liquefaction is not considered a design concern for this project based on the depth to groundwater and subsurface soils conditions at the site. GEO02196 recommended: a. The seismic shaking parameters presented in the report, referenced above should be applied to the proposed structures on the site. Page 9 of 43 ARCHEOLOGY 28. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 29.Inadvertent Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. 30.Inadvertent Paleontological Find. Should paleontological resources be inadvertently uncovered during ground disturbing and/or construction activities all work must be halted in the vicinity and a qualified Paleontologist and the City of Menifee shall be contacted immediately. The qualified Paleontologist shall observe the find and assess the significance of the resource. If the paleontological resource is determined to be a potentially significant resource, the preparation and implementation of a Phase III Data Recovery Program shall be performed, including the disposition of recovered artifacts. Page 10 of 43 LANDSCAPING 31. 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). 32. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Planning Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 33. Landscape Plans. All landscaping plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Planning Department, and the appropriate maintenance authority. 34. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. 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. MARCH ARB 35. Prohibited Uses. The project is located within Area III of the March Airport Base Influence Area. Therefore, the following uses shall be prohibited: a. Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator. b. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. d. Any use which would generate electrical interferences that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 36. Airport Notice. The developer shall provide a notice to all potential purchasers and tenants of the property that the project is within the vicinity of an airport. FEES 37. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or Page 11 of 43 mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671, or any successor thereto. 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 Gradinq Permit 38. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this project and Environmental Assessment 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 39. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; 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; Page 12 of 43 i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wined breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. FEES 40. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be .79 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 Page 13 of 43 applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 41. Fees. Prior to the issuance of grading permits for 2010-058 PP, the Planning Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. 42. Native American Monitoring. Tribal monitor(s) from the Soboba Band of Luiseno Indians shall be required on -site during initial clearing and grubbing to survey the project site. Should the tribal monitor determine that there are archeological resources present on the site, then tribal monitors shall be required on -site during all ground disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Should an agreement between the Tribe and the Applicant/Permittee not be established within 45 days of the date the Applicant/Permittee initiates such an agreement with the Tribe, Native American monitoring shall not be required. Prior to Issuance of Building Permit 43. Submit Building Plans. Prior to the issuance of a building permit, the applicant shall submit building plans with the City of Menifee Building and Safety Department for building permits. The building plans shall be in substantial conformance with Exhibit B. Three (3) complete sets of plans are required and shall be designed under the provisions of the most recently adopted edition of the California Building Codes. Two (2) copies of the precise grading plan showing accessible parking and pats of travel on site and from the right of way and all site features required to be accessible to the disabled shall be submitted for plan review with the building drawings. 44. 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 45. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. Page 14 of 43 46. Roof Mounted Equipment Plans. 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. 47. Fencing. If fencing is proposed, a fencing plan shall be submitted to the Planning Department for review and approval (minor plot plan) showing all wall and fence locations and typical views of all types of fences or walls proposed. This plan shall require anti -graffiti coatings on fences and walls, where applicable. 48. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. 49. Waste Management Clearance. A clearance letter from Riverside County Waste Management District shall be provided to the Planning Department verifying compliance with the conditions contained in their letter dated September 20, 2007, which requires submittal of a Waste Recycling Plan (WRP) to the Waste Management Department for approval. 50. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this permit and Environmental Assessment 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. LANDSCAPING 51. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. 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. 52. Landscape and Irrigation Plans. 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 Page 15 of 43 L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. 53. 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. Page 16 of 43 MARCH ARB 54. Avigation Easement. Prior to the issuance of building permits, the landowner shall convey an avigation easement to the MARB/MIP Airport or provide documentation to the Planning Department that such conveyance has previously been recorded. FEES 55. 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. 56. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 57. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 58. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 59. 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. 60. 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 WRP. 61. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee provides to the Department of Building and Safety and the Planning Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 62. 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(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block with landscaping screening and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. Page 17 of 43 63. Wall Locations. Wall and/or fence locations shall be in conformance with APPROVED EXHIBIT A. 64. 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. 65. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the City of Menifee Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and the Environmental Assessment. The Community Development Director may require inspection or other monitoring to ensure such compliance. LANDSCAPING 66. 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. 67. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. FEES 68.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 Page 18 of 43 to the limits of the project development. The Project Area for Plot Plan No. 2010- 058 has been calculated to be 0.74 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. 69. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2010-058 is calculated to be 0.74 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. 70. 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. 71. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection, whichever comes first, the developer shall submit verification that the Stephen's Kangaroo Rat fees have been paid for the project. Page 19 of 43 C�-��c���or� fl00o Engineer'-j/TL�L r�©ca�r�� Gradinq Conditions o 2��ova0 Page 20 of 43 General Engineering Conditions 72. Construction Times of Operation. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. 73. Underground 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. The applicant is responsible for coordinating the work with the serving utility company. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. CIRCULATION AND DEDICATIONS 74. 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. 75. Signing and Striping. A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by 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 Traffic Engineer. 76. Off -Site Parking. This project shall not have off -site parking. 77. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 78. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 79. Driveways — The following designations shall describe the locations of the project driveway access points. Driveway B — Trumble Road driveway designated as the main access. Page 21 of 43 Driveway A — State Highway 74, designated as the secondary entrance (constructed by separate project). Driveways shall be designed per County of Riverside standard 207A. The sidewalk across the driveway approach shall be in the public right of way. Additional Right of Way may need to be dedicated depending on the final engineering design. 80. Development Access — Driveway B shall be right in -right out. Driveway A is subject to future restriction right -in right -out. 81. 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. 82. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 24 day minimum strength of 3,250 psi. 83. Dedications — Sidewalk within driveway approaches shall be in the public right of way. Provide copy of recorded deed document for additional right of way dedication for driveway approach "A" on highway 74. 84. Landscape in Right -of -Way. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinances 457 and 461 and shall require approval by the Engineering Department. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. Assurance of continuous maintenance is required to include an application for annexation into a Landscaping and Lighting Maintenance District by contacting the Transportation Department at (951) 955-6829. The City of Menifee is schedule to take over the administration of this district in 2012. The landscaping will consists of trees and shrubs irrigated by drip irrigation systems all as specified by the L&LMD. The use of turf is prohibited along with spray irrigation. Ordinances 457 and 461 govern the use of landscaping. The tree size requirement is changed to 80% 5 gallon or larger, 15% 15 gallon or larger, and 5% 24" box trees. The landscape designer is encouraged to vary the alignment of trails to provide areas to clump trees and bushes rather than space them every 20', although the same total quantity of trees are required. 85. Landscape and Lighting Maintenance District (L&LMD) - The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed Engineering Department application b. (2)Sets of street lighting plans approved by Engineering Department. Page 22 of 43 c. (2)Sets of landscape and irrigation plans approved by Engineering Department. d. Appropriate fees for annexation. e. "Streetlight Authorization" form from SCE, IID or other electric provider. 86. 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. 87. 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. GRADING AND DRAINAGE 88. General Grading Conditions - All grading shall conform to the latest edition of the latest adopted edition of the California 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 (NO[) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 89. 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. Additional erosion protection may be required during the rainy season from October 15 to April 15 90. 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. 91. Slope Setbacks - Observe slope setbacks per Section J108, figure J108.1 of the California Building Code. Page 23 of 43 92. Design Criteria: a. On -Site Parking — Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. 5% grade is the maximum slope for any parking area. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into the drainage system underground or outlet with appropriate velocity reducers into BMP devises. c. Slopes - All manufactured slopes exceeding 3' shall have some type of drainage swale at the toe of the slope to collect any runoff. d. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%. e. Sewer Easement — Proof that all off -site easements for off -site sewer lines have been obtained and approved by the corresponding purveyor shall be provided to the City Engineering Department. Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Public Use Permit. 93. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. Slopes shall be contour graded and be less than 2:1 where possible to produce a natural appearance. 94. Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 95. Maximum and Minimum Grade Advice - Engineer of record is advised to not base the design on minimum and maximum grades for ADA and project grading design to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector. It will need to be removed and replaced at owner's expense. 96. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 97. Perpetual Drainage Patterns - The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage Page 24 of 43 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. 98. Flood Hazard Report. Plot Plan 2010-058 is a proposal to construct a 3,000 sq. ft. convenience store and gas station with six (6) fuel pumps on a 34,381 acre site in the Romoland area. The site is located at the northeast corner of Highway 74 and Trumble Road within the City of Menifee. The site is subject to sheet -flow type runoff from the east and concentrated flows along Highway 74 during large storm events. Since the site drains to Highway 74 increased runoff mitigation is not required, but mitigation for water quality will be required. Onsite flows would be collected in a 4' wide concrete gutter and conveyed to a Porous Landsdscape Detention basin (PLD) at the southwest corner of the property. Flows are then conveyed to Highway 74 via an outlet pipe. The proposed PLD is acceptable for mitigationed water quality impacts of the development. The developer proposes to collect offsite flows and convey them around the property in a drainage swale along the eastern and northern boundary. Flows are conveyed and outletted to Trumble Road to an under sidewalk drain. The applicant has submitted a letter of permission dated November 9, 2010 from the affected property owners allowing ponding of stormwater and/or grading on the neighboring property. The outletting of storm flows shall respect the existing drainage patterns of the area. During large storm events, storm flows may exceed the flow capacity of Highway 74 impacting this site. The buildings along Highway 74 shall be flood proofed by elevating the finished floors a minimum of 24 inches above the centerline elevation of Highway 74. The site is located within the bounds of the Homeland/Romoland Line B Sub - Watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP Fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $5,923 per acre, the fee due will be based on the fee in effect at the time of payment. 99. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows and be approved by the Riverside County Flood Control District and the City Engineering Department. Outletting sump conditions require an emergency escape. 100. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. Page 25 of 43 101. Elevate Finished Floor. The buildings along Highway 74 shall be flood proofed by elevating the finished floors a minimum of 24 inches above the centerline elevation of Highway 74. 102. 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 Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the 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. 103. BMP Facilities 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 BMP's in perpetuity. This may consist of mechanism to assess individual benefitting property owners or other means approved by the City. The site's treatment control BMP's must be shown on the project's improvement plans — either the street plans, grading plans, or landscape plans. The type of improvement plans that will show the BMP's will depend on the selected maintenance entity. Page 26 of 43 Prior to Grading Permit Issuance: CIRCULATION AND DEDICATIONS 104. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: b. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. c. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. d. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 105. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 106. Ordinances 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 Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Engineering Department. GRADING AND DRAINAGE 107. General Grading 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. 108. Geotechnical and Soils Reports Submittals - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department Page 27 of 43 for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 109. Grading Permit for Clearing and Grubbing — County of Riverside Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 110. Slope Erosion Control Plan - Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 111. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 112. 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 analyzed 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. 113. 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. 114. Plan Submittals - Two (2) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 9"x12". A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 115.Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of permits. All submittals shall Page 28 of 43 be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 116.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 2010-057 is located within the limits of the Homeland/Romoland Line "B" sub -watershed Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 0.54 acres subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only and shall be paid after final approval of the staff report/conditions of approval by the Board of Supervisors and prior to issuance of permits. NPDES AND WQMP 117. Preliminary WQMP. The developer has submitted a report that minimally 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. Redesign of BMPs or additional BMPs may be required. 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. 118. Final WQMP - A Final WQMP shall be submitted for review and approval by the City Engineering Department for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033. 119. Trash Enclosures - Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) They shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6' high. c) They shall have a concrete slab floor. The concrete slab shall be graded to contain any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All no hazardous liquids without solid trash may be put in the sanitary sewer. Page 29 of 43 An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed after obtaining approval by EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. The use of uncovered trash enclosures is not longer permitted. However it may be approved by the Engineering Department if the project meets any of the following exceptions: a) An existing trash enclosure that is within an area subject to Planning Department setback restriction for structures. b) No location exists where a proposed trash enclosure can be constructed without violating Planning, Fire and Building and Safety Department restrictions. Uncovered trash enclosures shall be graded to drain to adjacent landscape areas designed to perform as a BMP. Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All no hazardous liquids without solid trash may be put in the sanitary sewer. 120. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 121. Increased Runoff - The proposed development of this site may adversely impact downstream property applicants by increasing the rate and volume of flood flows. To mitigate this impact, onsite detention facilities shall be designed and approved. 122. Increase Runoff Criteria - The entire area of proposed development may be routed through detention facilities to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24- hour events. Low Loss rates will be determined using the following: 1. Page 30 of 43 Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on -site flows shall be mitigated before combining with off -site flows to minimize the size of the detention facility required. If it is necessary to combine off -site and on -site flows into a detention facility two separate conditions shall be evaluated for each duration/return period/before- after development combination studied; the first for the total tributary area (off - site plus on -site), and the second for the area to be developed alone (on -site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on -site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre -developed, post -developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins shall be designed for joint use and be incorporated into open space or park areas. Side slopes shall be no steeper than 4:1 and depths shall be minimized where public access is uncontrolled. A viable maintenance mechanism (a Final WQMP), acceptable to City Engineering Department, shall be provided for detention facilities. 123. Increased Runoff Study Required - A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention facilities, shall be submitted to the City Engineering Department for review and approval. Increased runoff mitigation basin criteria shall be as indicated in condition "Increased Runoff Criteria". If the City Engineer approves an increased runoff policy which supersedes this criterion prior to the submittal of the complete drainage study, then the current policy shall apply. 124. NPDES/SWPPP Requirement- Prior to issuance of any grading or construction permits - whichever comes first, the applicant is required to comply with the State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge Elimination System Construction General. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering Department for review prior to be certified by the legal responsible person in the SMARTS system. I should include a copy of the WDID letter from the Board. 125. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction Page 31 of 43 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. Prior to Building Permit Issuance: GRADING AND DRAINAGE 126. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant's geotechnical engineer shall submit compaction reports with 90% or better prior to building permit issuance. 127. 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. 128. 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. 129. 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. 130. Street Light Plan - A separate street light plan is required for this project. Street lighting shall be designed in accordance with Street Light Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. 131. Financing Mechanism The applicant/developer or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, payment of DIF, private loans or grants or other public and/or Page 32 of 43 private funding mechanism(s). Evidence of financing the developer's share of the ultimate improvements shall be demonstrated to the satisfaction of the City Manager prior to issuance of a building permit. NPDES AND WQMP 132.Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of 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. . 133. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. Prior to Certificate of Occupancy CIRCULATION AND DEDICATIONS 134. Reciprocal Access and Parking Easement — Applicant shall provide evidence of a reciprocal access easement with the parcels to the north and east of this project with common vehicular access. 135. 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). 136. Streetlight Authorization - The applicant shall submit to Engineering Department Permits the following: 1. "Streetlight Authorization" form approved by the L&LMD Administrator. 2. Letter establishing interim energy account from SCE, or other electric provider 137. Install Street Lights. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of Ordinances 460, 461 and County procedures and design guidelines. All street lights shall be substitute for L&LMD with the same lumen luminaire output. 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). Page 33 of 43 138. 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. 139. Driveway A - Prior to issuance of certificate of occupancy, project applicant shall construct the project access Driveway A on State Highway 74 if is not in place already. 140. Completion of LLMD Annexation - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals, street lights, common landscape and BMP's within public road rights -of -way. 141. Street Sweeping. Owner shall cause property to be annexed into CSA 152 or similar district or mechanism for NPDES BMP of street sweeping, as approved by the City Engineer. 142. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. GRADING AND DRAINAGE 143. 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. 144. 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. 145. 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. Drip irrigation shall be used for all irrigated slopes. 146. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website: www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@co. riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. Page 34 of 43 The developer must provide to the City a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 147. BMPs Installed. All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The District will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 148. BMP Maintenance. The BMP maintenance plan shall contain provisions for all treatment controlled BMP's 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 BMP's 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. 149. Drainage System Acceptance. The City/District will not release occupancy permits for any commercial use within the property prior to the City/District's acceptance of the drainage system for operation and maintenance, unless an alternative entity is approved by the City Engineer. Page 35 of 43 Page 36 of 43 General Conditions 150. 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 (10-MENI-PP-058) 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 151. Retroflective Pavement Markers. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 152. Fire Flow. Minimum required fire flow shall be 1500 GPM for a two (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 Ordinance 787; Building(s) having a fire sprinkler system. 153. Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall 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. 154. Address at Site. The site address shall be clearly posted on the job site entrance during construction. This will enable incoming emergency equipment and inspectors to locate the job site from the assigned street. Numbers shall be a minimum of 24 inches in height. 155. Tank Permits. Applicant and/or developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permit from the Riverside County Fire Department and Environmental Health Department. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank (s) shall meet the following standards: Tank must be tested and labeled to UL2085 Protected Tank Standard. 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. Current plan check deposit base fee is $217.00 for the first tank, each additional tank $32.00. Actual plan check deposits required will be based on deposit based fee schedule at the time of submittal of the tank permits. 156. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Page 37 of 43 Prior to Issuance of Building Permit 157. Plan Check. Building Plan check deposit base fee of $307.00 to $1,056, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office 158. 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 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing. 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 Final Inspection 159. 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. 160. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 161. Hood Ducts. A U.L. 300 hood duct fire extinguisher system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee of $215.00 to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. Separate alarm/monitoring plans must be submitted for review prior to connection. Current plan check deposit fee is $192.00. Page 38 of 43 Section V: Riverside County Environmental Health Conditions of Approval Page 39 of 43 General Conditions Prior to Building Permit Conditions 162. Food Plans. A total of 3 complete set of plans for each food establishment are needed including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with current State and Local regulations. Prior to Building Final/Occupancy Conditions 163. 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. 164. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 165. 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. Page 40 of 43 Section VI: Riverside County Environmental ■ „ Ism- Oratut - Page 41 of 43 166. Burrowing Owl. Pursuant to Objective 6 and Objective 7 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 Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and 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. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. Page 42 of 43 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) Page 43 of 43