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PC12-103Resolution PC12-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2011-093 for THE MOTTE INDUSTRIAL PARK Whereas, in July 19, 2011, the applicant, Motte Town Center 1, filed a formal application with the City of Menifee for a plot plan for four (4) industrial buildings totaling 97,564 square feet located along the west side of Antelope Rood, approximately 1,320 feet south of Ethanac Road in the community area of Romoland within the City of Menifee; and, Whereas, on March 27, 2012, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2011-093, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,200 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the March 27, 2012 Planning Commission public hearing, the Commission continued the project to April 24, 2012; and, Whereas, the Planning Commission held a subsequent public hearing on April 24, 2012, 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 April 24, 2012 Planning Commission public hearing, the Commission found that: The plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Heavy Industrial (0.15-0.50 FAR) in the Community Development Foundation. The proposed project meets the requirements of the Community Development: Heavy Industrial (HI) General Plan land use designation. The HI designation allows for a more intensive industrial activities that generate significant impacts such as noise, dust, and other nuisances. The project is within the Menifee North Specific Plan, Planning Area 2. The General Plan Land Use Designation described above is compatible with the underlying zoning classification of Specific Plan (Menifee North Planning Area 2). The project is consistent with the design guidelines, zoning and development standards of the Specific Plan. The project is consistent with General Plan Land Use Policy LU 24.8, which requires that industrial development be designed to consider their surroundings and visually enhance, not degrade, the character of the surrounding area. (Al 3). The project proposes high quality attractive industrial buildings and the site is heavily landscaped. The project will enhance the surrounding area. Surrounding General Plan Land Use designations are Heavy Industrial (HI) and Light Industrial (LI) in the Community Development Foundation. These land uses are compatible with the proposed industrial land use. Resolution No PC 12-103 PP 2011-093 April 24, 2012 The project is located within the Highway 79 Policy Area. The Policy Area is geared toward creating a trip cap on residential development which would result in a net reduction in overall trip generation of 70,000 vehicle trip per day from that which would be anticipated from the General Plan Land Use designations as currently recommended. The Policy requires all new residential developments proposals within the Highway 79 Policy Area to reduce trip generation proportionally, and require that residential projects demonstrate adequate transportation infrastructure capacity to accommodate the added growth. As this project is non-residential, there will be no impact. 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. The City of Menifee has two active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for an industrial project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan and the impact is considered less than significant. 2. The plot plan is consistent with the Zoning Code. The project is zoned Specific Plan (Menifee North SP No. 260 Planning Area 2), Planning Area 2 standards of the Menifee North Specific Plan are governed by the M-H (Manufacturing Heavy) designation of Ordinance 348. The project is consistent with the existing zoning and development standards. Surrounding zoning includes Rural -Residential (R-R) to the south and north, Manufacturing Service Commercial (M-SC) to the north, Manufacturing Medium (M-M) to the south and east, and Specific Plan (Menifee North Planning Area 2) immediately surrounding the site. These classifications are compatible with the proposed industrial land use. 3. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The site is bordered to the west with existing storage yards (American Contracting Inc., Kiewit Infrastructure West Co., Foxfire Contractors, Inc. and San Diego Erosion Control); to the east by Antelope Road and the Inland Empire Energy Center, a natural -gas -fired, combined -cycle generating facility; to the north by vacant land (proposed as a contractor's storage yard) and to the south by land used as a recreational vehicle storage facility. The proposed project is consistent with the surrounding land uses, general plan land use designations Resolution No PC 12-103 PP 2011-093 April 24, 2012 and zoning classifications. The project incorporates quality architecture and substantial landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in a negative declaration which determined impacts including, but not limited to, air quality, greenhouse gas emissions, water quality, noise, and traffic would all be less than significant. Therefore, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. 4. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Negative Declaration has been completed for the proposed project. The negative declaration/environmental assessment did not identify any potentially significant impacts. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Plot Plan No. 2011-093, is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on April 24, 2012. PASSED, APPROVED AND ADOPTED THIS 24t' DAY OF APRIL 2012. V Bill Zimm rma hai ATTEST: Jennifer Allen, Planning Commission Secretary Approved as to form: Joseph W/-V1,Etcher, Inten ity Attorney Wallace W. Edgerton Mayor Fred Twyman Vice Mayor John V. Denver Councilmember Darcy Kuenzi Councilmember Thomas Fuhrman Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 95i•679.3843 www.cityofinenifee.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. PC12-103 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 24'�' day of April, 2012 by the following vote: Ayes: Liesemeyer, Matelko, Thomas, Warren, Zimmerman Noes: None Absent: None Abstain: None �nniferAllen,nning Commission Secretary EXHIBIT 66 1" Conditions of Approval for Plot Plan No. PP2011-093 "Motte Industrial Park" Modified per EOT 2015-012 (First EOT) Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2011-093 1 of 56 Section I: Conditions Applicable to all Departments Conditions of Approval for Plot Plan No. 2011-093 2 of 56 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2011-093shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 23180, Exhibit A, dated 7/29/08. APPROVED EXHIBIT B = Elevations for Plot Plan No. 23180, Exhibits B (sheets 1-4), dated 7/29/08. APPROVED EXHIBIT C = Floor plans for Plot Plan No. 23180, Exhibit C (sheets 1-4), dated 7/29/08. APPROVED EXHIBIT L = Conceptual Landscape Plan for Plot Plan No. 23180, Exhibit L (sheets 1-2), dated 7/29/08. APPROVED EXHIBIT M = Materials and Color Board for Plot Plan No. 23180, Exhibit M, Amended No. 1, dated 7/29/08. 2. Planning Case No. 2011-093 (Plot Plan) is a proposal to permit the construction of four industrial buildings totaling 97,564 square feet on the 6.71 gross acre subject parcel of land. The project will be dedicating 0.21 acre of right-of-way resulting in a 6.50 net acre development site. The applicant is proposing the division of the buildings into 35 individual condominium units. The applicant has not identified specific tenants for the individual units or for the separate buildings. The site plan delineates that Building A will consist of seven units, Building B will have eight units, Building C is comprised of nine units and Building D is proposed for eleven units. The industrial buildings are proposed to be one-story with a maximum height of 28 feet. The individual units will have pedestrian/employee access through the front with service entrances at the rear. Access from the rear will be provided by both man doors and overhead rolling doors. The building shall be protected with a fire sprinkler system. The balance of the site will contain a four trash enclosures, landscaped areas, parking areas and drive aisles. The site plan also delineates four precast concrete picnic tables. Their locations are at the southern end of Buildings A and C and the northern end of Buildings B and D. 3. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising Conditions of Approval for Plot Plan No. 2011-093 3 of 56 the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. 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 may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Mitigation Monitoring and Reporting Plan. The developer shall comply with the mitigation monitoring and reporting plan ("MMRP") which is attached and incorporated as part of these conditions of approval. 7. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 8. Business License. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license. For more information regarding business registration, contact the City Clerk. 9. Expiration. This approval shall be used within three (3) 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 Conditions of Approval for Plot Plan No. 2011-093 4 of 56 approval within a three (3) 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 three 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 two one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Conditions of Approval for Plot Plan No. 2011-093 5 of 56 Section II: Community Development Department Conditions of Approval Conditions of Approval for Plot Plan No. 2011-093 6 of 56 General Conditions 1. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, L and M unless otherwise amended by these conditions of approval. 2. Phases. Construction of this project may be done progressively in phases provided a plan is submitted with appropriate fees to the Community Development Department and approved prior to issuance of any building permits. 3. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 4. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 5. Land Division Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division (Tentative Parcel Map No. 35846) shall be recorded in accordance with Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any other pertinent ordinance. 6. No Second Floor. No tenant improvement permit, or any other building permit, shall be granted for any second story, second floor, mezzanine, or interior balcony unless a plot plan, conditional use permit, public use permit, substantial conformance or a revised permit is approved by the Community Development Department pursuant to Section 18.12 of Ordinance No. 348 in order to assure adequate parking remains within the property. Only a one story building was approved as part of this permit and reviewed for parking standards. 7. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 8. No Signs. No signs are approved pursuant to this project approval. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted to and approved by the Community Development Department pursuant to the requirements of Section 18.30 (Community Development Department review only) of Ordinance No. 348. 9. Reclaimed Water. The permit holder shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site. 10. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No Conditions of Approval for Plot Plan No. 2011-093 7 of 56 person, shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 11. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 75 db(A), 10-minute LEQ as measured at the project boundaries. In the event noise exceeds this standard, the permittee or the permittee's successor - in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 12. Construction Noise. Construction activities shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays and prohibited on Sundays and federal holidays, or as approved by the City Building Official. 13. Best Management Practices to Minimize Emissions. The following best management practices will be implemented on the proposed project minimize emissions. a. Individual truck idling in excess of five consecutive minutes will be prohibited, unless allowed under Title 13 of the California Code of Regulations §2485 (CARB's Airborne Toxic Control Measure to Limit Diesel -Fueled Commercial Motor Vehicle Idling). b. Suspend the use of all construction equipment during first -stage smog alerts. c. Electricity or alternative fuels for on -site mobile equipment will be used instead of diesel equipment to the extent feasible. d. Electric equipment will be used to avoid emissions from gas or diesel equipment in portions of the project site where electricity is available. e. Diesel -power construction equipment shall use low -sulfur diesel fuel, as defined in SCAQMD Rule 431.2. f. Water will be used during construction activities to control fugitive dust. g. Suspend any excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. h. Minimize disturbed areas during construction. i. Post and enforce speed limits to reduce airborne fugitive dust from vehicular traffic during construction. j. Ensure that all construction equipment is properly tuned and maintained prior to and for the duration of construction. k. Portable engines and portable engine -driven equipment units used at the project work site, with the exception of on -road and off -road motor vehicles, require CARB Portable Equipment Registration or a SCAQMD permit. I. Provide adequate ingress and egress to minimize vehicle idling and traffic congestion. m. Utilize innovative Energy -Efficient Technologies or measures exceeding Title 24 energy efficiency standards. Conditions of Approval for Plot Plan No. 2011-093 8 of 56 14. Greenhouse Gases: a. Energy Efficiency. The project is required to incorporate enhanced energy efficiency standards to minimize energy consumption and compliance with Measure XVI. The project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a minimum of 14% or meet/exceed 2008 Title 24 minimum requirements. b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants, adhesives and solvents shall be utilized in the construction of this project. 15. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: 1) Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. 2) Subscribe to a recycling service with their waste hauler. 3) Provide recycling service to their tenants (if commercial or multi- family complex). 4) Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencros/recyciying/recvcling and compost business.html#m andatory Modified per EOT #1. 16. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. Modified per EOT #1. 17. Prohibited Uses. The project is located within Zone E of the March Airport Base Compatibility Area. Therefore, the following uses shall be prohibited: 1) 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. 2) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or Conditions of Approval for Plot Plan No. 2011-093 9 of 56 towards an aircraft engaged in a straight final approach towards a landing at an airport. 3) 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. 4) Any use which would generate electrical interferences that may be detrimental to the operation of aircraft and/or aircraft instrumentation. Modified per EOT #1. 18. Airport Notice. The project site is within Zone E of the March Air Reserve Base Compatibility Area. 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. Modified per EOT #1. GEOLOGY 19. Geologic Report 2101. The project shall comply with County Geologic Report (GEO) No. 2101, submitted for this project (PP23180 & PM35846), was prepared by EnGEN Corporation and is entitled: "Geotechnical/Geological Engineering Study, Motte Industrial - Assessor's Parcel Number: 331-150-037, Antelope Road and Ethanac Road, Romoland Area, Riverside County, California, Project Number: M3643-GS" dated June 27, 2007. In addition, EnGEN submitted the following report: "Response to Review Comments, GEO #2101, Motte Industrial -Assessor's Parcel Number: 331-150-037, Antelope Road and Ethanac Road, Romoland Area, Riverside County, California, Project Number: M3643-CS" dated November 6, 2008. This additional report is now included as part of GEO No. 2101. GEO No. 2101 concluded: 1.13ased on review of published literature, site mapping and aerial photo review, there is no evidence of active faulting crossing or trending toward this site. Therefore there is a low potential for this site to be affected by surface fault rupture. 2.Due to the depth to groundwater and the relative high densities of the soils encountered beneath this site, there is a low potential for this site to be affected by seismically induced liquefaction. 3.Except for the potential for this site to be affected by strong seismic shaking, there is a low potential for this site to be affected by other secondary seismic hazards such as seiche/tsunami, seismically induced settlement, seismically induced flooding or seismically induced landsliding or rockfall. GEO No. 2100 recommended: Conditions of Approval for Plot Plan No. 2011-093 10 of 56 1. Due to the potential for this site to be affected by strong seismic shaking, any proposed construction should be designed in accordance with all applicable seismic design provisions of the recently adopted California Building Code (CBC 2007). 2.Due to the relatively low density surficial soils present on this site, all loose surficial soils should be removed to a depth sufficient to expose material exhibiting an in -place relative compaction of at least 85% as determined by ASTM D 1557-02. It is estimated that these removals will be about 3 feet below existing grade. 3.Prior to placing any fills, the approved removal bottoms should be scarified to a depth of 12 inches, brought to near optimum moisture content and compacted to a minimum of 90% of the maximum dry density as determined by ASTM D 1557-02. 4.The removed surficial soils may be used as fill soil provided they are cleaned of any organics or other deleterious materials. All fill soils should be spread in lifts not to exceed 10 inches in compacted thickness, brought to near optimum moisture content and compacted to a minimum of 90% of the maximum dry density as determined by ASTM D 1557-02 and verified by field density testing. 5.Upon completion of the grading, the building pad soils should be tested for expansion potential and the foundation design parameters should be based on the results of that testing. GEO No. 2101 satisfies the requirement for a Geologic Study for Planning / CEQA purposes. GEO No. 2101 is hereby accepted for Planning purposes. This approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. ARCHEOLOGY 20. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. Conditions of Approval for Plot Plan No. 2011-093 11 of 56 Modified per EOT #1. 21. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, 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 as determined in consultation with the Native American Tribe(s). i. 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 tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. 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. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." Modified per EOT #1. 22.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 Conditions of Approval for Plot Plan No. 2011-093 12 of 56 implementation of a Phase III Data Recovery Program shall be performed, including the disposition of recovered artifacts. LANDSCAPING 23. 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 Community Development Department and the South Coast Air Quality Management District (SCAQMD). 24. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this plot plan. To ensure that this occurs, the Community Development Department shall require inspections prior to final inspection and at six month and twelve month intervals. 25. Maintenance of Landscaping. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other equivalent mechanism as determined by the City of Menifee FEES: 26. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), 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. Modified per EOT #1. Prior to Issuance of Grading Permit 27. Traffic Study. Prior to the issuance of precise grading permits or building permit issuance, whichever occurs first, the applicant shall prepare a Traffic Impact Study (TIS) to affirm the project's opening year impacts and long-term impacts to the local road system and the nearby State facilities and to propose any appropriate improvements to facilitate adequate levels of service are maintained. The scope of the study shall be determined by a Traffic Scoping Agreement that is reviewed and approved by the Public Works Director/City Engineer. The Traffic Scoping Agreement shall be approved prior to submittal of any grading plans or improvement plans whichever comes first. The recommendations of the Traffic Scoping Agreement can include preparation of a TIS analyzing traffic impacts at various development stages determined by PW Director/City Engineer. In addition, the study content should include at a minimum the items identified in Appendix "A" of the Caltrans' Guide for the Preparation of Traffic Impact Studies (TIS) which is located at Conditions of Approval for Plot Plan No. 2011-093 13 of 56 http://www.dot.ca.gov/hq/tpp/offices/ocp/iqr cega files/tisquide.pdf. The study will be reviewed and approved by the City's Community Development and Engineering Departments and the State of California, Department of Transportation, District 8, Planning Section. Modified per EOT #1. 28. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved construction areas shall be wetted at least twice daily during construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; Conditions of Approval for Plot Plan No. 2011-093 14 of 56 I. Suspend grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 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. 29. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan and EA which must be satisfied prior to the issuance of a grading permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. FEES 30. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 4.77 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 Conditions of Approval for Plot Plan No. 2011-093 15 of 56 rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 31. Processing Fees. Prior to issuance of grading permits, the Community Development shall determine if the deposit based fees for Plot Plan No. 2011-093 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Issuance of Building Permit 32. Traffic Study. Prior to the issuance of precise grading permits or building permit issuance, whichever occurs first, the applicant shall prepare a Traffic Impact Study (TIS) to affirm the project's opening year impacts and long-term impacts to the local road system and the nearby State facilities and to propose any appropriate improvements to facilitate adequate levels of service are maintained. The scope of the study shall be determined by a Traffic Scoping Agreement that is reviewed and approved by the Public Works Director/City Engineer. The Traffic Scoping Agreement shall be approved prior to submittal of any grading plans or improvement plans whichever comes first. The recommendations of the Traffic Scoping Agreement can include preparation of a TIS analyzing traffic impacts at various development stages determined by PW Director/City Engineer. In addition, the study content should include at a minimum the items identified in Appendix "A" of the Caltrans' Guide for the Preparation of Traffic Impact Studies (TIS) which is located at http://www.dot.ca.gov/hq/tpp/offices/ocp/igr cega files/tisguide.pdf. The study will be reviewed and approved by the City's Community Development and Engineering Departments and the State of California, Department of Transportation, District 8, Planning Section. Modified per EOT #1. 33. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety and the Community Development Department for plan check approval and shall comply with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 34. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 35. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures open to public view shall be decorative. The types of lighting fixtures used shall be subject to Community Development Department approval. 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 Conditions of Approval for Plot Plan No. 2011-093 16 of 56 shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. Modified per EOT #1. 36. 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. 37. Roof Mounted Equipment Plans. Roof -mounted equipment shall be shielded from ground view. All building plans shall show all roof -mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to building permit issuance. Screening material shall be subject to Community Development Department approval. Community Development Department staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 38. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 39. Waste Management Clearance. A clearance letter from Riverside County Waste Management District shall be provided to the Community Development Department verifying submittal of a Waste Recycling Plan (WRP) to the Waste Management Department for approval. 40. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this plot plan and EA which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 41. Building Plans. Building plans shall be submitted for plan review and approval to the Building and Safety Department prior to building permit issuance. The plans shall contain the following: a. Precise Grading Plan showing an accessible path to the main entrance from the right-of-way. b. Site plan showing van accessible parking, signage and path of travel to the main entrance. c. Plan shall be noted that the modular building shall comply with the California Building Code. d. Plans for the installation of on -site sewer, gas and electric. e. Plans signed by an appropriately registered structural engineer for the permanent foundation system. f. Plans shall be designed to the provisions of the 2013 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. Conditions of Approval for Plot Plan No. 2011-093 17 of 56 g. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. h. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. i. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky Ordinance". j. All exterior lighting shall fall within current commercial standards. k. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. Modified per EOT #1. 42. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of building permits, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the Riverside County Waste Management Department for review and approval. The plot plan shall conform to Design Guidelines for Recyclables Collection and Loading Areas, provided by the Waste Management Department, and shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/fagade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. Modified per EOT #1. 43. Waste Recycling Plan. Prior to the issuance of building permits, a Waste Recycling Plan (WRP) shall be submitted to the Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Modified per EOT #1. FEES; 44. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Conditions of Approval for Plot Plan No. 2011-093 18 of 56 45. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 46. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. The applicant shall be required to pay school impact mitigation fees or fund school site acquisition and /or facility construction with proceeds from the Mello -Roos Community Facilities District. Community Facilities District (CFD) 91-1 has been formed which covers the entire Romoland School district. The CFD Report specifies the amounts of school fees to be paid, provides a method of tax apportionment and establishes the maximum amount of bonds to be sold. The project applicants have agreed to comply with the terms of the Resolution of Formation of the CFD. LANDSCAPING 47. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development 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 Community Development Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04, and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12 or subsequent City Ordinance. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Additional trees may be required within the parkway beyond what is shown on the conceptual plan. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348 or subsequent City ordinance, 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 Community Development Department. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable Conditions of Approval for Plot Plan No. 2011-093 19 of 56 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 or subsequent City ordinance 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. The final landscaping and irrigation plans shall modify the location and design of the break areas from what is shown on APPROVED EXHIBIT L. The break areas shall be moved adjacent to landscape planters so that they can benefit from shade trees. A minimum of two (2) shade trees shall be provided adjacent to break areas. The landscaping plan shall show the location of all walls and fencing. All retaining walls shall be constructed of split faced block (where open to public view) and masonry cap at minimum. All block walls, non -crib type walls, retaining walls, and the entry monuments, where applicable, shall be treated with an anti -graffiti coating. Modified per EOT #1. 48. 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 Pre -Installation Inspection, Installation Inspection, 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 Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 49. Specimen Trees. Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy trees along streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -staked and secured with non -wire ties. 50. Performance Securities. Performance securities, in amounts to be determined by the Community Development Department to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation Conditions of Approval for Plot Plan No. 2011-093 20 of 56 components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Prior to Final Inspection 51. Roof Mounted Equipment. Prior to final occupancy, Community Development Department staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 52. Trash Enclosures. Four (4) trash enclosures which are adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure shall be a minimum of six (6) feet in height and shall be made with masonry block and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosures or as approved by the City. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 53. Parking. Parking for this project was determined on the basis of Ordinance No. 348, Section 18.12. a.(2).b): A minimum of 256 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development 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 eight (8) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning 11 Conditions of Approval for Plot Plan No. 2011-093 21 of 56 In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. 54. Loading Spaces. A minimum of four (4) loading spaces shall be provided in accordance with Section 18.12.a.(2)f(3).b. of Ordinance 348, and as shown on APPROVED EXHIBIT A. The loading spaces shall be surfaced with six (6) inches of concrete over a suitable base and shall not be less than 10 feet wide by 35 feet long, with 14 feet vertical clearance. 55. Bicycle Racks. Bicycle racks with a minimum of 10 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 Community Development Department approval, and shall be installed in accordance with those plans. 56. Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 57. Condition Compliance. The Community Development 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. 58. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. Modified per EOT #1. 59. Roof Mounted Equipment. Prior to final occupancy, Community Development staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. Modified per EOT #1. 60. Lighting. Exterior lighting shall be consistent with the approved building plans. Modified per EOT #1. 61. Walls. All retaining walls shall be constructed of split faced block (where open to public view) and masonry cap at minimum. All block walls, non -crib type walls, retaining walls, and the entry monuments, where applicable, shall be treated with an anti -graffiti coating. Modified per EOT #1. 62. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the Community Development Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and EA. The Community Development Director may require inspection or other monitoring to ensure such compliance. Conditions of Approval for Plot Plan No. 2011-093 22 of 56 63. Waste Management Clearance. Prior to issuance of an occupancy permit, the applicant shall obtain a clearance letter from the Waste Management Department indicating that the recyclables collection and loading area has been constructed in compliance with the Recyclables and Loading Area plot plan, as approved and stamped by the Riverside County Waste Management Department. The applicant is also required to provide evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP to the Planning Division of the Riverside County Waste Management Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Modified per EOT #1. 64. 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 Community Development 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. 65. Paleontological Monitoring Report. If Paleontological Monitoring has been required (see Condition 118), a qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. Prior to final inspection, the applicant shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. 66. Final Planning Inspection. The permittee shall obtain final occupancy sign -off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Community Development Department staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. Modified per EOT #1. LANDSCAPING 67. Soil Management Plan The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" Conditions of Approval for Plot Plan No. 2011-093 23 of 56 Modified per EOT #1. 68. Landscape Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post -Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. Modified per EOT #1. 69. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, 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 Community Development 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. Modified per EOT #1. 70. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. Modified per EOT #1. FEES 71. 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 Conditions of Approval for Plot Plan No. 2011-093 24 of 56 the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 2011-093 has been calculated to be 6.5 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. 72. 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. 2011-093 is calculated to be 6.5 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. 73. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Conditions of Approval for Plot Plan No. 2011-093 25 of 56 Section III: Engineerinq/Transportation/ Grading Conditions of Approval Conditions of Approval for Plot Plan No. 2011-093 26 of 56 General Conditions: 74. General Grading Conditions - All grading shall conform to the latest 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 (NOI) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 75. Erosion Control - Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. Landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 76. 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. 77. Slope Setbacks - Observe slope setbacks per Section 2907, figure 29-1 Section 7011, and figure 70-1 of the California Building Code. 78. General Introduction - Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 79. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 80. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 81. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. Conditions of Approval for Plot Plan No. 2011-093 27 of 56 82. Drainage Design Q100. All grading and drainage shall be designed in accordance with these conditions of approval for this application. If not specifically addressed in these conditions, drainage shall be designed to accommodate 100 year storm flows. 83. Retaining Walls. Lots which propose retaining walls will require separate permits. They shall be obtained prior to the issuance of any other building permits - unless otherwise approved by the Building and Safety Director, and the PW Director/City Engineer. The walls shall be designed by a Registered Civil Engineer - unless they conform to the County Standard Retaining Wall designs shown on the Building and Safety Department form 284-197. 84. Lot to Lot Drainage Easement. A recorded easement is required for lot to lot drainage. 85. 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. 86. Development Access - Both Driveways, North and south, will have full access at the present time. Any of them or both may be subject to future restriction depending upon Antelope Road Traffic. 87. Off -Site Parking. This project shall not have off -site parking on the street. 88. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 89. Driveways — The following designations shall describe the locations of the project driveway access points. North Driveway — on Antelope Road designated as the main entrance South Driveway — on Antelope Road designated as secondary access. These designations maybe revised as recommended by a traffic study that is reviewed and approved by the Public Works Director/City Engineer. Driveways shall be designed per City Standards, or per County of Riverside standard 207A, as approved by the Public Work's Director/City Engineer. 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. Modified per EOT #1. Conditions of Approval for Plot Plan No. 2011-093 28 of 56 90. Encroachment Permits — All work within City, State, or local agency right-of-way shall require encroachment permits from the Public Works Department prior to commencement of work. 91. Concrete Work —All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28 day strength of 3,250 psi. 92. Assessment Districts - Should this project lie within the boundaries of any assessment/benefit district, the applicant shall, prior to issuance of a building permit, apply for the reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 93. City Community Facilities District (CFD) No. 2015-1 (Services) — The project shall annex into the City of Menifee Community Facilities (Services) District CFD 2015-1 currently in formation. CFD 2015-1 is the equivalent City of Menifee maintenance entity that replaces the Riverside County administered L&LMD 89- 1 C and CSA 152. The City of Menifee CFD 2015-1 shall be responsible for the maintenance of public improvements or facilities that benefit this development, and dedicated to the City for CFD maintenance. These shall include but not limited to, public landscaping, streetlights, traffic signals, street sweeping and maintenance, drainage facilities, water quality facilities and other public improvements or facilities as approved by the Public Works Director/City Engineer. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development into CFD 2015-1. Modified per EOT #1. 94. 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%. Conditions of Approval for Plot Plan No. 2011-093 29 of 56 Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 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 Grade - Minimum drainage grade shall be 1 % except on Portland Cement concrete where 0.50% 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. 97. Drainage & Terracing. Provide drainage facilities and terracing in conformance with the latest California Building Code's chapter on "EXCAVATION & GRADING". 98. 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, drainage easements shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval. 99. Flood Hazard Report. 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. 100. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. 101. NPDES and WQMP. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program, and as determined by the Public Works Director/City Engineer. This project is required to submit a project specific Preliminary WQMP following the latest WQMP guidelines approved for the Santa Ana Region Watershed. In compliance with the latest Santa Ana Regional Water Quality Control Board Permit Order, projects meeting the requirements for submittal of a WQMP shall have a FINAL WQMP approved by the City prior to any grading activity on the site. The FINAL WQMP addresses post -development water quality impacts from new development and redevelopment projects. To comply with the SAR MS4 requirement on 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) Conditions of Approval for Plot Plan No. 2011-093 30 of 56 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 FINAL Project Specific WQMP must be approved by the Public Works/Engineering Department prior to issuance of a building or a grading permit whichever is issued first. Modified per EOT #1. 102. Final Project Specific Water Quality Management Plan (Final WQMP) — Prior to issuance of a grading permit or a building permit whichever occurs first, a FINAL project specific WQMP in substantial conformance with an approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD- ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report that include testing for the presence of bio solids/sludge, and other potential contaminants at the site as determined by the PW Director/City Engineer. Modified per EOT #1. 103. Compliance with an Approved Preliminary Project Specific WQMP — If a City approved Project Specific Preliminary WQMP is not provided to use as basis for approving a FINAL WQMP, or if the project submits a Final WQMP that is substantially changed from a previously approved Preliminary WQMP, the FINAL WQMP will be reviewed as if it's in preliminary stage and the developer shall pay all the costs associated with reviewing and approving the FINAL WQMP. The City's flat fee for reviewing a FINAL WQMP shall not apply in this case, instead a deposit based charge for reviewing a study shall apply. Modified per EOT #1. 104. WQMP Maintenance Agreement and/or Right of Entry Agreement — Prior to, or concurrent with the approval of the FINAL WQMP, the project owner shall enter into an acceptable maintenance and/or right of entry agreement with the City to inform property owners of the requirement to perpetually implement the approved FINAL WQMP, and to allow City staff to access all proposed BMP facilities identified in the approved FINAL WQMP for necessary inspections. Modified per EOT #1. 105. BMP Facilities Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To Conditions of Approval for Plot Plan No. 2011-093 31 of 56 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 and all other structural BMPs must be shown on the project's improvement plans. 106. WQMP/BMP Education — Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP's and educational and training requirements for said BMP's as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. Modified per EOT #1. 107. Inspection of BMP Installation - Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes a BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. Modified per EOT #1. 108. 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 Public Works/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. 109. 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. 110. Written Permission for Off -site. Written permission shall be obtained from the affected property owner(s) should any grading and/or facilities need to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the City for review and approval prior to grading permit issuance or within six months of Project approval, whichever occurs first. 111. Performance Security —Prior to grading permit issuance, the applicant shall post performance security with the City Engineering Department for grading, landscaping, erosion control, street improvements, water, sewer, and survey monuments. Conditions of Approval for Plot Plan No. 2011-093 32 of 56 112. 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 approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering department prior to grading operations. 113. Geotechnical/Soils Reports - Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the City Engineering Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the City Public Works/Engineering Department inspection process. 114. Offsite Grading Easements - Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain all required easements and/or permissions necessary to perform offsite grading. A notarized agreement and recorded documents shall be submitted to the Public Works/Engineering Department. 115. Plan Submittals - Three (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fees or deposits. All large format plans shall be bulk folded to 8"x12". A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 116. Offsite Drainage - Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to issuance of grading permits or within six months of Project approval, whichever occurs first. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. 117. Site Drainage - Positive drainage of the site shall be provided at 1 % minimum slope, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be Conditions of Approval for Plot Plan No. 2011-093 33 of 56 performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate susceptibility from ripping of the bedrock on -site at various depths for grading purposes. 118. Storm Flows - The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adjacent outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 119. SWPPP and NPDES Compliance — Prior to issuance of any grading or construction permits, whichever comes first, the applicant shall provide the City of Menifee evidence of compliance with the latest Construction General Permit (CGP) issued by the State Water Resource Control Board (SWRCB) for regulating construction projects that meet the threshold set by the CGP. Owner and/or operators of grading or construction projects meeting the permit threshold are required to comply by obtaining a general construction permit from the SWRCB. The permit requirement applies to grading and construction sites of one acre or larger. To obtain coverage under the CGP, the Legally Responsible Person must electronically file the Permit Registration Documents (PRDs), which include a Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and other documents required by the General Permit. Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more or on -sites which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the CGP with the SWRCB. A proof of filing is required prior to issuance of a grading permit in the form of a Waste Discharge ID (WDID) that shall be reflected on the approved grading plan. A current copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be kept at the construction site at all times, and shall be kept updated to reflect current site conditions. The SWPPP shall be made available to PW Inspectors or SWRCB Inspectors upon request. Year-round, Best Management Practices (BMP's) shall be maintained and in place for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Stabilized Construction Entrances and project perimeter linear barriers are required year round. Removal BMP's (those BMP's which must be temporarily removed during construction activities) shall be in place at the end of each working day. Monitoring for erosion and sediment control is required and shall be performed by the development's QSD or QSP as required by the Construction General Permit. The SWPPP shall address specific monitoring activities as required for the risk classification of the site. For example, certain high risk classified sites require that the QSD or QSP print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and sampling test data. In such project types, a rain gauge is Conditions of Approval for Plot Plan No. 2011-093 34 of 56 required on site. The PW Department -Inspection staff may conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. Modified per EOT #1. 120. 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 Public Works Director/City Engineer. Prior to Grading Permit Issuance: 121. Grading Bonds. Grading in excess of 50 cubic yards will require performance security to be posted with the PW-Engineering Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 122. Geotechnical/Soils Report. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the PW-Engineering Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City of Menifee. 123. Offsite Grading Onus. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 124. Recorded Easement Required. A recorded easement is required for off site drainage facilities. 125. 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 PW-Engineering Department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Community Development Director for review and comment and to the PW- Engineering Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the PW-Engineering Department will be required. 111.B.1 Circulation And Dedications 126. Improvement Plans -Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 Conditions of Approval for Plot Plan No. 2011-093 35 of 56 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. 127. Signing and Striping Plan -A signing and striping plan is required for this project. The plan shall conform with all applicable City standards, approved project traffic study, and applicable provisions of the CAMUTCD. The applicant shall be responsible for any additional paving required to implement the striping plan. Modified per EOT #1. 128. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City PW-Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards or as determined by the PW Director/City Engineer. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. C. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 129. 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. 130. City Standards and County Ordinance 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 current City Standards and Riverside County Road Improvement Standards (Ordinance 461), as approved by the PW Director/City Engineer. It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Standards and 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 PW-Engineering Department. Conditions of Approval for Plot Plan No. 2011-093 36 of 56 111.B.2 Grading And Drainage 131. General Grading Introduction - Improvements such as grading, filling, over excavation and re -compaction, and base or paving which require a grading permit shall comply with this project's grading conditions of approval. 132. Plan Submittals — The required number of copies per the latest PW submittal requirement for 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. 133. BMP Improvement Plans. All structural BMPs included in the approved FINAL WQMP shall be shown on approved BMP plans, or grading/improvement plans as determined by the PW Director/City Engineer, along with any necessary documentation. The BMP plans shall be submitted to the City PW—Engineering Deaprtment for review and approval. If not made part of a previously approved improvement plan or grading plan, these grading and improvement plans shall be included with the BMP plan submittal for reference. The BMP plans must receive City approval prior to issuance of any construction permit. All submittals shall be date stamped by the engineer and include a completed Deposit Based Fee Worksheet and the appropriate plan check fee deposit. Modified per EOT #1. 111.B.3 NPDES And WQMP 134. Preliminary WQMP. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need 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 401certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. Refer to other conditions for this project with regards to requirement or project specific Preliminary and FINAL WQMPs. Modified per EOT #1. 135. Trash Enclosures - The City of Menifee is a Co-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit No. CAS 618033. Runoff of rain water that comes in direct contact with wastewater from trash enclosure is prohibited to flow directly into MS4 facilities without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: Conditions of Approval for Plot Plan No. 2011-093 37 of 56 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 collect any spill within the enclosure. d) A floor drain from the interior of the enclosure as described below shall be provided to convey any spill. e) All trash bins in the trash enclosure shall be leak proof and shall have a lid and be continuously closed. f) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. A floor drain from the interior of the enclosure that discharges to adjacent engineered landscape areas properly designed to perform as BMP to treat this drainage maybe accepted provided they are approved as part of an approved WQMP. 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. Any standing liquids in existing trash enclosures without a floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be put in the sanitary sewer. The use of uncovered trash enclosures is no longer permitted. The PW- Engineering Department may allow alternative designs provided they comply with the requirements of the Community Development, the Riverside County Fire Department, and the latest WQMP guidelines set in the City MS4 Permit. Modified per EOT #1. Conditions of Approval for Plot Plan No. 2011-093 38 of 56 Prior to Building Permit Issuance: 136. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant's geotechnical engineer shall submit compaction reports with 90% and 95% or better prior to building permit issuance. 137. Rough Grade Certification — The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form. 138. BMP Installation. Prior to final occupancy all structural BMPs described in the approved project -specific FINAL WQMP shall be constructed and installed in conformance with approved plans, specifications and the FINAL WQMP. 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 FINAL WQMP are available for the future owners/occupants. 139. No Building Permit without Grading Permit - Prior to issuance of any building permit, the property applicant shall obtain a grading permit and/or approval to construct from the City PW-Engineering Department. 140. 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. 141. Improvement Plans - Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of grading permits or within six months of Project approval, whichever occurs first. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. 142. Signing and Striping Plan - A signing and striping plan is required for this project. The plan shall conform with all applicable City standards, approved project traffic study, and applicable provisions of the CAMUTCD. The applicant shall be responsible for any additional paving required to implement the striping plan. Conditions of Approval for Plot Plan No. 2011-093 39 of 56 Modified per EOT #1. 143. Street Light Plan - A street light plan is required for this project and shall be submitted prior to building permit issuance. Street lighting shall be designed in accordance with current City Standards. New streetlights or existing streetlights requiring redesign or relocation shall be designed as LS-3 lights, and shall be provided with street light meter panel/cabinets that will owned and maintained by the City of Menifee. Modified per EOT #1. 144. Financing Mechanism - The applicant/developer or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, payment of DIF, private loans or grants or other public and/or private funding mechanism(s). Evidence of financing the developer's share of the ultimate improvements shall be demonstrated to the satisfaction of the City Manager prior to issuance of a building permit. 145. BMP 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 City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. . 146. Right of Way Dedication. The segment of Antelope fronting the project is designated Secondary (4 lanes undivided) Roadway in the current adopted City General Plan for Road Network. Sufficient public street right-of-way along Antelope Road fronting the project shall be dedicated for public use to meet a designation of 50-foot half -width right-of-way from the street centerline to the ROW line. Antelope is also designated as future Community On -Street Bike Lanes (Class II). The street cross section shall be designed to also meet this Bike and Pedestrian Network designation. Modified per EOT #1. 147. Landscaping in the Right of Way. Landscaping within public road right-of-way shall comply with PW-Engineering Department standards and Ordinance 461 and shall require approval by the Engineering Department. Landscaping plans shall be designed within Antelope Road and submitted to the Engineering Department. Landscaping plans shall be submitted using standard City title block on plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. 148. Antelope Road Street Cross Section. Antelope Road along project frontage has an existing 30-foot half street dedication. The project shall dedicate an additional 20-foot ROW with a 36-foot roadway section from street centerline to curb face. Street improvements shall consist of AC pavement, curb and gutter, 6-foot wide Conditions of Approval for Plot Plan No. 2011-093 40 of 56 sidewalk, street lights and landscaping within public ROW. The final design shall be in accordance with current City standards. NOTE: A 8' meandering sidewalk in accordance with the City of Menifee draft Standard No. 94 (32'50') shall be constructed 9' from curb line within the 18' parkway. Tapers shall be designed per City design guidelines and as approved by the PW Director/City Engineer. Modified per EOT #1. Prior to Certificate of Occupancy: 149. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF) the Traffic Signal Mitigation Fees, and the Development Impact Fees (DIF). 150. Improvement Plans - Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of grading permits or within six months of Project approval, whichever occurs first. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. 151. Street Design Coordination. As applicable, the street design and improvement concept of this project shall be coordinated with PM35846 and PP 2011-003 and Riverside County Flood Control District at (951) 955-1200 and County Capital Improvement Project Engineer Khalid Nasim at (951) 955-3337. 152. Offsite Right of Way. The off -site rights -of -way required for said access road shall be accepted to vest title in the name of the public if not already accepted. 153. Utility Plan. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with Ordinance 460 and 461, or as approved by the City PW-Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. Existing power poles fronting the project that carry 33.6 kV or lower shall be placed underground. The applicant shall coordinate the undergrounding of these 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. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the City PW-Engineering Department for verification purposes. Conditions of Approval for Plot Plan No. 2011-093 41 of 56 Modified per EOT #1. 154. Utility Install. 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 City PW-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. A certificate should be obtained from the pertinent utility company and submitted to the Engineering Department as proof of completion. 155. Landscaping. Landscaping within public road right-of-way shall comply with City of Menifee current standards and County Ordinance 461 and shall require approval by the City PW-Engineering Department. Landscaping shall be provided within the public ROW on Antelope Road fronting the property Continuous maintenance is required through annexation of the project into the City of Menifee CFD 2015-1, currently in formation. Modified per EOT #1. 156. Offsite Access. The project proponent shall provide/acquire sufficient public off - site rights -of -way to provide for paved access road to a paved and maintained road. Said access road shall be constructed with 32' of A.C. pavement within a 60' dedicated right-of-way in accordance with County Standard No. 106, Section A (32'/60'), at a grade and alignment approved by the City PW-Engineering Department. The project proponent shall provide the appropriate environmental clearances for said off -site improvements prior to recordation or the signature of any street improvement plans. Said off -site access road shall be the northerly extension of Antelope Road to a paved City maintained Ethanac Road. 157. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD, and applicable City standards and Ordinances, is required for this project. The applicant shall be responsible for any additional paving required to implement the striping plan. 158. 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). 159. 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. Conditions of Approval for Plot Plan No. 2011-093 42 of 56 160. 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. 161. Install Street lights. Prior to issuance of a Certificate of Occupancy, all required streetlights fronting the property within Antelope Road shall be installed in accordance with City standards and approved plans. Street light annexation into a City CFD 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). Modified per EOT #1. 162. 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. 163. Street Improvements - Prior to issuance of certificate of occupancy, project applicant shall construct half -width road improvements including all signing and striping on Antelope Road with transitions to existing roadway. 164. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of storm water quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the Flood Control 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. 165. 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 City will not release occupancy permits for any portion of the project prior to the completion of these tasks. 166. BMP Maintenance and Inspections. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected as described in the project's FINAL WQMP. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. Conditions of Approval for Plot Plan No. 2011-093 43 of 56 Section IV: Riverside Counfv Flood Control District Conditions of Approval Conditions of Approval for Plot Plan No. 2011-093 44 of 56 General Conditions 167. Flood Hazard Report. Plot Plan 23180 is a proposal to construct four (4) industrial buildings with a total of 97,384 square feet (sf.), including 33,541 sf. of landscaping, 256 standard parking stalls, and 8 handicap spaces. The project is located in the Harvest Valley/Winchester area, north of McLaughlin Road, south of Ethanac Road, east of Dawson Road and west of Antelope Road. At the time this project was initially reviewed, Parcel Map 35846 was being processed concurrently. It would be beneficial for this development during final design stage to investigate the progress of PM35846 to coordinate PP23180 design with that of PM35846. The southwest corner of the property is located within the 100-yr Zone A floodplain limits of Ethanac Wash as delineated on Panel No. 060245-2085C of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). The site is located within the District's Romoland Master Drainage Plan. Runoff from this development is tabled to drain westerly to the proposed Romoland MDP Line A-1 in Sherman Road; however, the applicant has proposed to collect and convey onsite flows in a storm drain located at the southwest corner of the property which then drains southerly to Romoland MDP Line A north of McLaughlin Road. The proposed drainage concept requires an adequate outlet. This will entail construction of significant portions of Romoland MDP Line A downstream of this development. This development cannot proceed until Romoland MDP Line A has been constructed, so that flows from this property may be safely conveyed to the San Jacinto River. The District will not allow the issuance of grading permits until the plans for Line A have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if Romoland MDP Line A is constructed by others pursuant to the District's proposed Community Facilities District, then map recordation and grading permits will be allowed when the construction contracts for this facility are awarded. Occupancy will not be granted for any unit until all downstream facilities are deemed functional by the District's General Manager - Chief Engineer. The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or the Community Facilities District. Mitigation for increased runoff would not be necessary for onsite flows that drain to the Line A facility. On June 30, 2008, the District received revised calculation for the design of Porous Landscape Detention (PLD) provided by JLC Engineering & Consulting. These calculations are inconsistent with the revised exhibits from Community Development Department, dated July 29, 2008. Based on a phone conversation with the engineer, the basins design shall follow the revised calculations submitted on June 30, 2008. The calculations provide for three (3) PLDs located along the southerly boundary of the property. PI -Ds A, B, and C are 17 foot (ft.) wide and are 152 ft., 256 ft., and 163 ft. long, respectively. Conditions of Approval for Plot Plan No. 2011-093 45 of 56 This site is located within the bounds of the Homeland/Romoland 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. The fee due will be based on the fee in effect at the time of payment. The fee is payable to the Flood Control District by cashier's check or money order only. The District will not accept personal or company checks. 168. 10 Year Curb —100 Year ROW. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 169. 100 Year SUMP Outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 170. Major Facilities — ADP. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Homeland/Romoland Area Drainage Plan, the developer shall contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and conditions of design, construction, inspection, transfer of rights of way, project credit in lieu of charges and reimbursement schedules which may apply. The developer shall note that if the estimated cost for required Area Drainage Plan facilities exceeds the required mitigation charges and the developer wishes to receive credit for reimbursement in excess of his charges, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. 171. WQMP. Refer to City of Menifee PW-Engineering Department conditions of approval for requirements regarding project specific Preliminary and Final WQMPs. Modified per EOT #1. 172. BMP Maintenance. Refer to City of Menifee PW-Engineering Department conditions of approval for requirements regarding BMPs described in the project specific Preliminary and Final WQMPs. Modified per EOT #1. 173. Construct Drainage Facility. The District will not allow the issuance of grading permits until the plans for Line A have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if Romoland MDP Line A is constructed by others pursuant to the District's proposed Community Facilities District, then map recordation and grading permits will be allowed when the construction contracts for this facility are awarded. Occupancy will not be granted for any unit until all downstream facilities are deemed functional by the District's General Manager - Chief Engineer. Conditions of Approval for Plot Plan No. 2011-093 46 of 56 The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or an acceptable the Community Facilities District or similar mechanism approved by the City of Menifee. Mitigation for increased runoff would not be necessary for onsite flows that drain to the Line A facility. Prior to Issuance of Grading Permit 174. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City of Menifee Engineering Department for review. The plans must receive approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 175. Erosion Control. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City of Menifee Engineering Department for review. 176. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City of Menifee Engineering Department prior to issuance of permits. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. 177. Written Permission for Off -site. Written permission shall be obtained from the affected property owner(s) allowing the proposed grading and/or facilities to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the District for review and approval. 178. Encroachment Permit Required. An encroachment permit shall be obtained for any work within the District right of way or with District facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 179. ADP Fees. The Homeland/Romoland Area Drainage Plan (ADP) has been adopted for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the 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 23180 is located within the limits of the Line A sub -watershed of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 6,71-acre subject to the fee. The charge is payable to the Flood Control District by cashier's check or money Conditions of Approval for Plot Plan No. 2011-093 47 of 56 order only, and shall be paid after final approval of the staff report/conditions of approval by the City Council and prior to issuance of permits. 180. WQMP. A copy of the project specific WQMP shall be submitted to the City of Menifee Engineering Department for review and approval. All BMP features shall be shown on the grading plans. 181. Three Items to Accept Facility. Any flood control facility proposed to be transferred to a public agency for ownership and maintenance must inspected by the public agency. For this project, the agencies involved are the City PW- Engineering Department and the Riverside County Flood Control District. The owner of the development must submit a written request to the public agency, noting the project number, location, brief description of flood control system (such as sizes and lengths) and exhibit(s) showing the storm drain/flood control proposed alignment. The public agency will only agree to ownership and maintenance of proposed facility if the following three items are satisfied or met prior to the issuance of a grading permit or starting construction of the drainage facility: (1) the developer shall submit to the District or City the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District or City and secure that right of way to the satisfaction of the District or City; (2) an agreement with the District has executed that establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the District's General Manager -Chief Engineer or City's Public Works Director. The plans cannot be signed prior to execution of the agreement. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's or City's Inspection section before a pre - construction meeting can be scheduled. Modified per EOT #1. 182. Submit CLOMR. Unless the District has already revised the Flood Insurance Rate Map, the developer will be required to obtain a Conditional Letter of Map Revision (CLOMR) from FEMA prior to the issuance of grading permits. 183. FINAL LOMR. If a CLOMR is required, the final LOMR shall be approved by FEMA prior to issuance of a Certificate of Occupancy. Modified per EOT #1. 184. Construct Drainage Facility. The City will not allow the issuance of grading permits until the plans for Line A have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if Romoland MDP Line A is constructed by others pursuant to a proposed City approved Community Facilities District, then map recordation and grading permits will be allowed when the construction contracts for this facility are awarded. Occupancy will not be granted for any unit until all downstream facilities are deemed functional by the City. Conditions of Approval for Plot Plan No. 2011-093 48 of 56 The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the City, the Flood Control District, or a proposed City approved Community Facilities District. Mitigation for increased runoff would not be necessary for onsite flows that drain to the Line A facility. Modified per EOT #1. Prior to Issuance of Building Permit 185. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City of Menifee Engineering Department for review. The plans must receive City of Menifee Engineering Department approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 186. ADP Fees. The Homeland/Romoland Area Drainage Plan (ADP) has been adopted for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the 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 23180 is located within the limits of the Line A sub -watershed of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 6,71-acre subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only, and shall be paid after final approval of the staff report/conditions of approval by the City Council and prior to issuance of permits. Prior to Building Final Inspection 187. BMP Education. Refer to City of Menifee PW-Engineering Department conditions of approval for requirements regarding BMP Education. Modified per EOT #1. 188. BMP Installation. Refer to City of Menifee PW-Engineering Department conditions of approval for requirements regarding BMP Installations. Modified per EOT #1. 189. BMP Maintenance and Inspections. Refer to City of Menifee PW-Engineering Department conditions of approval for requirements regarding BMP Maintenance and Inspections Modified per EOT #1. Conditions of Approval for Plot Plan No. 2011-093 49 of 56 190. Facility Completion. The City will not release occupancy permits for any commercial lot within the map prior to the City's acceptance of the drainage system for operation and maintenance. Conditions of Approval for Plot Plan No. 2011-093 50 of 56 Section V: Riverside County Fire Department Conditions of Approval Conditions of Approval for Plot Plan No. 2011-093 51 of 56 General Conditions 191. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (09-MENI-PP-171) is required on all correspondence. Additional information is available at our website: www.rvcfire.orq 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 192. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards. 193. Shell Building. THESE CONDITIONS ARE FOR A SHELL BUILDING ONLY. Shell building will receive a shell final only. No Certificate of Occupancy (human occupant and/or materials) will be issued until the building occupant has been identified with their occupancy classification and have been conditioned by Riverside County Fire Department. Occupant or tenant identification is imperative for orderly and prompt processing. Upon identification of the occupant or tenant a Fire Protection Analysis report maybe required prior to establishing the requirements for the occupancy permit. Failure to provide a comprehensive data analysis and/or technical information acceptable to the fire department may result in project delays. A complete commodity listing disclosing type, quantity, level of hazard and potential for "Reactivity" must be provided within 120 days. The foregoing is necessary to properly occupancy classify the building(s). Failure to provide comprehensive data and/or highly technical information, will result in project delay and requirement for a complete Fire Protection Study for review 194. Blue Retro -Reflective Makers. Blue retro-reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 195. Minimum Fire Flow. Minimum required fire flow shall be 2200 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on Type IIIN (Three N) construction per the currently adopted CBC and Ordinance 787 " Building(s) having a fire sprinkler system". 196. Fire Hydrants. A combination of on -site and off -site super fire hydrants, on a looped system (6"x4"x 2-2 1 /2"), will be located not less than 450 feet or more than 225 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants(s) in the system. Conditions of Approval for Plot Plan No. 2011-093 52 of 56 197. Gate Entrances. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 40 foot turning radius shall be used. 198. Automatic Gates. Gate (s) shall be automatic or manual operated, minimum 20 feet width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Prior to Issuance of Building Permit 199. Plan Check Fee. Building Plan check deposit base fee of $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. 200. Water Plans. The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Prior to Building Final Inspection 201. 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. 202. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010 edition (13D and 13R system are not allowed) in buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of 25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title pate of the building plans. (Current sprinkler plan check deposit base fee is $614.00 per riser) applicant or developer shall be responsible to install a U.L. Certified Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.V.'s and all control valves. Plans must be Conditions of Approval for Plot Plan No. 2011-093 53 of 56 submitted to the Fire Department with our "Plan Review Form for approval prior to installation (current monitoring plan check deposit base fee is $192.00). 203. Extinguishers. Install portable fire extinguishers with a minimum rating of 2A- 1013C and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to center above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 204. Title 19. Comply with Title 19 of the California Administrative Code. Conditions of Approval for Plot Plan No. 2011-093 54 of 56 Section VI: Riverside Countv Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2011-093 55 of 56 General Conditions 205. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2011-093 (County Case Plot Plan#23180) is proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) and/or well(s) must be properly removed or abandoned under permit with the Department of Environmental Health (DEH). Prior to Building Permit Issuance 206. 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 Final Occupancy 207. Hazmat Waste. The facility requires a hazardous waste permit if a hazardous waste is generated as defined in Title 22 of the California Code of Regulations, Section 66260.10 and 66261.3. The report and fee is due. 208. 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. 209. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 210. Business Emergency Plan. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. Conditions of Approval for Plot Plan No. 2011-093 56 of 56