Loading...
PC12-112Resolution PC 12-112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2009-111 for the UPS EXPANSION FACILITY Whereas, on September 30, 2008, the applicant, United Parcel Services, filed a formal application with the County of Riverside for a plot plan to expand an existing warehouse facility located north of Highway 74, east of Trumble Road and west of Sherman Road in the community area of Romoland within the City of Menifee; and, Whereas, in July 2009, the project was transferred to the City of Menifee for processing; and, Whereas, on May 8, 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. 2009-111, 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 May 8, 2012 Planning Commission public hearing, the Commission continued the project to May 22, 2012; and, Whereas, the Planning Commission held a subsequent public hearing on May 22, 2012, considered public testimony and materials in the staff report and accompanying documents, which hearing did not require an additional public notice; and, Whereas, at the May 22, 2012 Planning Commission public hearing, the Commission found that: Consistency with the General Plan. The plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The proposed project meets the requirements of the Community Development: Light Industrial (LI) General Plan land use designation. The LI designation allows for industrial and related uses including warehousing/distribution, assembly and light manufacturing, repair facilities, and supporting retail uses. 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 and Light Industrial (LI) to the north, south and west, Commercial Retail (CR) west and further south, and Medium Density Residential and Very Low Density Residential to the east. The project is compatible with the existing Light Industrial and Commercial Retail land use designations. The project incorporates landscaping, setbacks and enhanced landscaping that will contribute to the project's compatibility with the surrounding residential land uses. Resolution No PC 12-112 PP 2009-111 May 22, 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 proposed general plan land use is Economic Development Corridor pursuant to the City of Menifee Draft Land Use Map approved by the City Council in March. The intent of the designation is to designate areas where a mixture of residential, commercial, office, industrial, entertainment, educational and/or recreational uses, or other uses is planned. In general, areas designated as EDC are envisioned to develop primarily as nonresidential uses with residential uses playing a supporting role. The project is to expand an existing industrial/distribution use. The project is surrounded to the north, south and west by other properties designated for EDC. Some of the properties contain existing industrial and/or office uses. Commercial uses are planned for properties to the south of the site adjacent to Highway 74. Big League Dreams, a large recreational facility, is located to the north of the site. Residential uses are located to the east of the property. The project will contribute to the intent of the EDC by providing an industrial land use. The project enhances the site over and above what is existing and helps to diminish blight in the area making the project vicinity a more attractive location for new uses. Therefore, 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. Consistency with the Zoning Code. The project is zoned Manufacturing Service Commercial (M-SC) designation of Ordinance 348. The project is consistent with the existing zoning and development standards. Surrounding zoning includes Manufacturing Service Commercial (M-SC) to the north and south, Scenic Highway Commercial (C-P- S), Manufacturing Service Commercial (M-SC) and Rural -Residential (R-R) in Resolution No PC 12-112 PP 2009-111 May 22, 2012 the City of Menifee to the west with Business Park (BP) in the City of Perris to the northwest and Light Agricultural with a one acre minimum lot size (A-1-1) to the east. The project establishes a 55-foot easement along Sherman Road for flood control purposes. This will serve as a buffer to the adjacent agriculturally zoned properties on the east side of Sherman Road. The project will also provide landscaping along Sherman Road which will enhance and buffer the site. The classifications are compatible with the proposed industrial land use. 3. Surrounding Uses. 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 an existing construction equipment rental facility (Sunstate Equipment) and vacant parcels, to the east by single-family residences, to the north by the Gas Company (Sempra Energy maintenance facility), construction equipment rental facility and vacant land and to the south by vacant land and the Sun Leisure Motel. The proposed project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project improves the site with a new building, enhancements to the existing building, attractive wrought iron fencing, and substantial landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in a mitigated 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 with mitigation incorporated. 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. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration has been completed for the proposed project. The mitigated negative declaration identified mitigation measures that reduce the impacts to less than significant levels. A mitigated negative declaration and the mitigation monitoring program will be filed for this project. 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. A Mitigated Negative Declaration is adopted and staff/developer is instructed to file the Notice of Determination. 3. Plot Plan No. 2009-111, 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 May 22, 2012. Resolution No PC 12-112 PP 2009-111 May 22, 2012 PASSED, APPROVED AND ADOPTED THIS 22"' DAY OF MAY 2012. e Bill Zimmerm n, ATTEST: nifer Allen, Planning Commission Secretary Approved as to form: John V. Denver Mayor Thomas Fuhrman Mayor Pro Tern Wallace W. Edgerton Councilmember Darcy Kuenzi Counciimember Sue Kristjansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951-672.6777 Fax 951.679.3843 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. PC12-112 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 22"a day of May, 2012 by the following vote: Ayes: Liesemeyer, Matelko, Warren, Zimmerman Noes: None Absent: Thomas Abstain: None J nifer Allen, Planning Commission Secretary Conditions of Approval for Plot Plan No. 2009-111 "UPS Expansion Facility" Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation 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. 2009-111 1 of 45 Section I: Conditions A Aicable to all Departments Conditions of Approval for Plot Plan No. 2009-111 2 of 45 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2009-111 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Site Plan, Plan, Grading Plan, Details (Sheets 1• January 31, 2012. Elevations, Floor Plan, Landscaping 17) for Plot Plan No. 2009-111, dated APPROVED EXHIBIT M = Color Rendering and Materials for Plot Plan No. 2009-111, dated January 31, 2012. APPROVED EXHIBIT X = Berm on Trumble Road to be added to the Landscaping Plans for Plot Plan No. 2009-111, dated May 22, 2012. 2. Project Description Plot Plan No. 2009-111. Planning Case No. 2009-111 (Plot Plan) is hereby approved to permit the expansion of an existing parcel delivery facility on the 9.33 gross acre subject parcels of land bounded by Trumble Road on the west and Sherman Road on the east. The project will be dedicating 0.17 acre of right-of-way resulting in a 9.16 net acre development site. The eastern half of the project site that has the frontage onto Sherman Road is occupied by the existing operational UPS facility entitled under Plot Plan No. 6581 on February 17, 1982. This existing facility has originally approved for a total floor area of 18,750 square feet. In September of 1982, a Substantial Conformance was processed to add an additional 1,080 square feet to the northern portion of the existing building, to add a car wash area adjacent to the western side of the building and to add a fuel dispensing island to northeast of the building adjacent to the employee parking area. The proposed expansion will predominately involve the construction of a new building on the western half of the site. A total of 30,654 square feet of additional floor area is proposed within a new building. The proposed building has a maximum height of 32 feet with the main structure standing at 28 feet and a four foot mechanical screen atop the roof to shield equipment. The first floor is committed to 28,228 square feet of operations area with a new conveyor area, employee locker rooms, restrooms, an employee break room and offices. The second floor is comprised of 2,426 square feet of offices and a conference room. The facility will include two run -out services areas for loading vehicles. The expanded facility will include 15 tractor trailer docks, 17 long haul trailer parking spaces, 93 parcel van docks, 222 automobile parking spaces, a truck washing area, a below ground fuel tank and four fuel islands. The new construction will also involve the construction of an outdoor employee lunch area adjacent to the new building. Conditions of Approval for Plot Plan No. 2009-111 3 of 45 In addition, the current application includes the following additional modifications: • Adding a new auto shop in the existing building. • Relocating the outside vehicle wash area to inside the existing structure. • Relocating an existing office to the new building. • Relocating employee parking area. • Removing the northern 1,080 square foot portion of the building and replacing it with a new run -out. • Removing an existing covered dock on the south side of the existing building. • Removing the two existing fuel islands. • Relocating two on -site fire hydrants and protective bollards. • Relocating existing bicycle racks. • Removing an existing drywell. • Removing various interior chain link fencing. • Removing an existing concrete pad on the western portion of the site. • Removing existing lighting at the rear of the existing building. • Removing and relocating utilities • Abandon existing septic tanks. Guard House The plans also delineate the construction of a 242 square foot guard house to the southeast of the existing building. The balance of the site will contain trash enclosures, landscaped areas, parking areas and drive aisles. Fencing Fencing will include an 8-foot high tubular steel fence with masonry block pilasters with cap placed every 13 feet 11-inches on center along the property lines. The pilasters shall be constructed with split faced or textured block. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Plot Plan No. 2009-111 (County Case No. 23821) and the associated Environmental Assessment. 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, Conditions of Approval for Plot Plan No. 2009-111 4 of 45 dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 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 two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the developer may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Conditions of Approval for Plot Plan No. 2009-111 5 of 45 Section II: Planning Conditions of Approval Conditions of Approval for Plot Plan No. 2009-111 6 of 45 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. 019 The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. Phases. Construction of this project may be done progressively in phases provided a plan is submitted with appropriate fees to the Planning Department and approved prior to issuance of any building permits. 3. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 4. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. 5. Land Division Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any other pertinent ordinance. 6. 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. 7. No Signs. No signs are approved pursuant to this project approval. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted to and approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. 8. Reclaimed Water. The developer 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. 9. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person, shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. Conditions of Approval for Plot Plan No. 2009-111 7 of 45 10. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the developer or the developer's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 11. Hours of Construction. Any construction within the city located within one- fourth (114) mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 am to 7:00 pm. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 12.Outdoor Storage. No outdoor storage, other than vehicle storage/parking as indicated on APPROVED EXHIBIT A, shall be allowed within the site without Planning Department review and approval. No storage lockers (over 120 sq. ft.), sheds (over 120 sq. ft), metal container bins or metal shipping containers other than those shown on APPROVED EXHIBIT A will be allowed to be kept onsite without Planning Department approval. Outside storage shall be screened with fencing or landscaping. Landscaping shall be maintained adjacent to the exterior boundaries of the area so that materials stored are screened from view throughout the life of the permit. 13. Underground Utilities. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the developer provides to the Department of Building and Safety and the Planning Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 14. Rules for Construction Activities. The developer shall comply with all SCAQMD established minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. Any construction equipment using direct internal combustion engines shall use diesel fuel with a maximum of 0.05 percent sulfur and a four -degree retard. Construction operations affecting off -site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through traffic lanes. On -site heavy equipment used during construction shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available or its use is not cost -competitive. 15. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. Conditions of Approval for Plot Plan No. 2009-111 8 of 45 16. 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. 17. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating "The driver of a diesel -fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your. use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". 18. Electrical Hook-ups. Electrical hook-ups for diesel trucks shall be provided. 19. Industrial Occupant Change. Prior to initial occupancy, upon tenant/occupant change, or upon change in industrial use, the permit holder shall provide a letter from the Planning Department to Building & Safety verifying no need for further environmental, hazardous materials or air quality review as a result of the change. The Planning Department may require an application for review of occupant change to determine if parking, access, landscaping are acceptable for the new use or if there is an expansion of the originally entitled use. 20. Hours of Operation. The project shall comply with the following hours of operations and activities. A deviation from the hours of operation and activities will require review and approval by the Planning Department. The operation of the facility involves staggered work schedules. The hours of operation for the Menifee UPS facility are as follows (all hours are approximate and vary slightly depending on the time of year): 3:30 am to 8 am Monday through Friday. Packages are unloaded from UPS feeder trucks (semi trucks), sorted and loaded into UPS Brown Package vehicles for delivery. • 8 am to 4:30 pm. There is no day operation in this facility. During the day some management clerical and building maintenance people may be present. • 10 am to 5 pm Monday through Friday. The public customer center is open. Conditions of Approval for Plot Plan No. 2009-111 9 of 45 • 5:30 pm to 9 pm Monday through Friday. Packages are unloaded from the UPS Brown Package vehicles, sorted and loaded onto UPS Feeder Trucks for transportation to other facilities. • 12 am to 4 am Monday through Friday. Employees include 3 people to wash vehicles and 1 vehicle maintenance mechanic. • 8 am to 9 am Saturday. Operation includes approximately 10 drivers on - site for delivery of Saturday packages. Return to building and leave at approximately 1 pm. • Sunday. Closed. GEOLOGY 21. Geologic Report 2160. The project shall comply with County Geologic Report No. 2160 submitted for this project, (City of Menifee case PP 2009-11, formerly County PP23821) was prepared by Geotechnologies, Inc. and is entitled: "Geotechnical Engineering Investigation, Proposed Expansion of Existing Parcel Distribution Facility, 25283 Sherman Road, Romoland, California", dated February 29, 2008, Revised February 18, 2009, File No. 19606. In addition, Geotechnologies, Inc. submitted 'Response to County of Riverside Review, Proposed Expansion of Existing Parcel Distribution Facility, 25283 Sherman Road, Romoland, California', dated August 24, 2009. This document is herein incorporated as part of GEO02160. GEO02160 concluded: 1. The primary hazard at the site is moderate to strong ground shaking caused by an earthquake on any of the local or regional faults. 2. No active or potentially active faults underlie the subject site. 3. The potential for surface ground rupture at the subject site is considered low. 4. Site soils would not be prone to liquefaction during the ground motion expected during the design basis earthquake. 5. The probability of seismically -induced landslides occurring on the site is considered to be low. 6. The subject site is high and/or far enough from the ocean that it would not be considered susceptible to tsunami hazards. 7. The site is located within the mapped inundation boundaries of Lake Perris. 8. Settlements resulting from hydroconsolidation of the underlying soils are expected to be negligible. 9. Seismically -induced settlement of the proposed structures should be expected as a result of strong ground -shaking, however, due to the uniform nature of the underlying earth materials, excessive differential settlements are not expected to occur. 10. The existing fill materials and upper native soils are not suitable for support of the proposed foundations, floor slabs or additional fill. GEO02160 recommended: Conditions of Approval for Plot Plan No. 2009-111 10 of 45 1. Existing fill materials and upper native soils should be removed to a minimum depth of three feet below proposed foundations and recompacted as controlled fill prior to foundation excavation. 2. A determination of whether a higher site elevation would remove the site from the potential inundation zone is beyond the scope of this geotechnical investigation. GEO02183 recommended: The potentially collapsible soils are recommended to be removed and replaced with compacted fill to a depth of one foot below the bottom of the deepest footing and three feet below the slab -on -grade. The design recommendation in report should be reviewed during the grading phase when soil conditions in the excavations become exposed. ARCHEOLOGY 22. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 23. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance in consultation with the applicable Native American tribal representative. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Community Development Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Conditions of Approval for Plot Plan No. 2009-111 11 of 45 Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. LANDSCAPING 24. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning Department and the South Coast Air Quality Management District (SCAQMD). 25. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this plot plan. To ensure that this occurs, the Planning Department shall require inspections prior to final inspection and at six month and twelve month intervals. 26. Maintenance of Landscaping. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES: 27. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan, elevations, or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Riverside County Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or a subsequent ordinance. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. MARCH ARB 28. Prohibited Uses. The project is located within Area III of the March Airport Base Influence 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. 2009-111 12 of 45 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. 29. Airport Notice. The developer shall provide a notice to all potential purchasers and tenants of the property that the project is within the vicinity of an airport. Prior to Issuance of Grading Permit 30. Parcel Merger. Prior to the issuance of a grading permit, a Certificate of Parcel Merger shall be reviewed and approved by the Engineering Department. The Parcel Merger shall merge Assessor Parcel Nos. 329-030-068 and 329-030-060. The developer shall submit proof of recordation of the parcel merger to the Planning Department prior to grading permit issuance. The proposed parcel shall comply with the development standards of the Manufacturing Service Commercial (M-SC) zone. 31. Construction Noise. The project developer shall implement noise reduction measures during grading. a. During all Project site grading, all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with the manufactures' standards. b. All stationary construction equipment shall be placed so that entitled noise is directed away from the nearest sensitive receptor. c. During construction, equipment staging areas shall be located in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors. d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00 pm, unless otherwise restricted by City staff. 32. 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%. Conditions of Approval for Plot Plan No. 2009-111 13 of 45 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; I. Suspend grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, Conditions of Approval for Plot Plan No. 2009-111 14 of 45 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. 33. Mitigation Monitoring. The developer shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan and EA which must be satisfied prior to the issuance of a grading permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. PALEONTOLOGY 34. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Proposed project site grading/earthmoving activities could potentially impact this resource. Hence: PRIOR TO ISSUANCE OF GRADING PERMITS: The developer shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). 2. The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Planning Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as -needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she Conditions of Approval for Plot Plan No. 2009-111 15 of 45 determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The County of Riverside must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Planning Department for review and approval prior to building final inspection as described elsewhere in these conditions . All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the Planning Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. FEES Conditions of Approval for Plot Plan No. 2009-111 16 of 45 35. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the developer 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 9.33 acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 36. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. 2009-111 are in a negative balance. If so, any outstanding fees shall be paid by the developer. Prior to Issuance of Building Permit 37. Building Plans. Building plans shall be submitted for plan review and approval to the Building and Safety Department prior to building permit issuance. The plans shall contain the following: a. Precise Grading Plan showing an accessible path to the main entrance from the right-of-way. b. Site plan showing van accessible parking, signage and path of travel to the main entrance. c. Plan shall be noted that the modular building shall comply with the California Building Code. d. Plans for the installation of on -site sewer, gas and electric. e. Plans signed by an appropriately registered structural engineer for the permanent foundation system. Three (3) complete sets of plans are required and shall be designed under the provisions of the most recently adopted edition of the California Building Codes. Two (2) copies of the precise grading plan showing accessible parking and paths of travel on site and from the right of way and all site features required to be accessible to the disabled shall be submitted for plan review with the building drawings. 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. 38. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety and the Planning Department for plan check approval and shall comply with the Conditions of Approval for Plot Plan No. 2009-111 17 of 45 requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 39. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 40. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT A and M. 41. Roof Mounted Equipment Plans. Roof -mounted equipment shall be shielded from ground view. All building plans shall show all roof -mounted equipment and methods for screening and shall be submitted to the Planning Department for review and approval prior to building permit issuance. Screening material shall be subject to Planning Department approval. Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 42. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT A. 43. Walls and Fencing. The walls and fencing on the building plans shall be consistent with that shown on the approved exhibits. Specifically, an 8 foot high tubular steel fence with masonry CMU block pilasters with cap placed every 13'11" on center along the property lines. The pilasters shall be constructed with split faced or textured block. 44. Waste Management Clearance. A clearance letter from Riverside County Waste Management District shall be provided to the Planning Department verifying submittal of a Waste Recycling Plan (WRP) to the Waste Management Department for approval. 45. Mitigation Monitoring. The developer 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. FEES: 46. Fees. Prior to issuance of building permits, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 47. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 48. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. Conditions of Approval for Plot Plan No. 2009-111 18 of 45 LANDSCAPING 49. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Conditions of Approval for Plot Plan No. 2009-111 19 of 45 A landscaped berm, as presented to the Planning Commission at the May 22, 2012 public hearing and as shown on Exhibit X, shall be shown on the final working landscaping and irrigation plans. The berm is approximately 1'9" in height and located along Trumble Road (partially in the right-of-way and partially in the project site). This language was added to the condition of approval per the Planning Commission at the May 22, 2012 public hearing. 50. Landscape Inspections. Prior to issuance of building permits, the developer shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the Six Month and One Year Landscape Inspections. The amount of hours for the Six Month and One Year Landscape Inspections will be determined by the Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 51. 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. 52. Performance Securities. Performance securities, in amounts to be determined by the Planning Department to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Planning Department. Securities may require review by City Attorney and other staff. The developer is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Priorto Final Inspection 53. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 54. Trash Enclosures. Two (2) trash enclosures which is adequate to enclose a minimum of two (2) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure shall be a minimum of six (6) feet in height and shall be made with masonry block and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosures or as approved by the City. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 55. Parking. Parking for this project was determined on the basis of Ordinance No. 348, Section 18.12. a.(2).b): Conditions of Approval for Plot Plan No. 2009-111 20 of 45 Office 5,295 1 space/250 22 s . ft Loading/Auto 13,537 1 space/500 28 s . ft. Warehouse 24,665 1 s ace/1,000 25 Parking Required 75 Parking Provided 222 A minimum of 222 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. A minimum of seven (7) 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 —" In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Loading Spaces. A minimum of 145 loading spaces shall be provided as shown on the APPROVED EXHIBIT A and as summarized in the table below, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. Total Docks Docks10 Input/output 6 Air Recovery llocks Dotal Truck Parking ,Stalls Conditions of Approval for Plot Plan No. 2009-111 21 of 45 17 Trailer Parking Stalls .0- I 85 Outside Stalls 28 Inside Stalls 56. Bicycle Racks. Bicycle racks with a minimum of 3 spaces shall be provided in convenient locations to facilitate bicycle access to the project area as shown on APPROVED EXHIBIT A. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Planning Department approval, and shall be installed in accordance with those plans. 57. 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. 58, Condition Compliance. The Planning Department shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 59. Mitigation Monitoring. The developer shall prepare and submit a written report to the Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and EA. The Community Development Director may require inspection or other monitoring to ensure such compliance. 60. Waste Management Clearance. Prior to issuance of an occupancy permit, the developer shall provide a clearance letter from Riverside County Waste Management verifying compliance with the approved Waste Recycling Plan. 61. Fencing. Fencing shall comply with APPROVED EXHIBIT A. Specifically, an 8 foot high tubular steel fence with masonry CMU block pilasters with cap placed every 13'11" on center along the property lines. The pilasters shall be constructed with split faced or textured block. PALEONTOLOGICAL 62. Paleontological Monitoring Report. Prior to final inspection, the developer shall submit to the Planning Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. The report shall contain a report of findings made during all site grading activities and an appended itemized list of fossil specimens recovered during grading (if any) and proof of accession of fossil materials into the pre -approved museum repository. In addition, all appropriate fossil location information shall be submitted to the San Bernardino County Museum and Los Angeles County Museum of Natural History, at a minimum, for incorporation into their Regional Locality Inventories. LANDSCAPING Conditions of Approval for Plot Plan No. 2009-111 22 of 45 63. Landscape Inspection. The developer's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance, both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 64. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. FEES 65.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the developer shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The amount of the fee for commercial or industrial development shall be calculated on the basis of the "Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 2009- 111 has been calculated to be 9.33 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. 66. 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 developer 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. Conditions of Approval for Plot Plan No. 2009-111 23 of 45 The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2009-111 is calculated to be 9.33 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. 67. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the developer. Conditions of Approval for Plot Plan No. 2009-111 24 of 45 Section III: nqineerinq/Transportati Conditions of Approval Conditions of Approval for Plot Plan No. 2009-111 25 of 45 General Conditions: 68. SCOPE OF PROJECT- The applicant is proposing to construct an expansion of an existing warehouse with an auto service shop and a car wash with additional parking for tractor trailer delivery trucks on a 9.16-acre site in the Romoland area. The project site is located between Trumble Road and Sherman Road approximately 450 feet northerly of State Route 74. 69. Traffic Study. The Engineering Department has reviewed the traffic study submitted for the referenced project and generally concur with the findings relative to traffic impacts. The associated conditions of approval incorporate recommendations identified in the traffic study, which are necessary to achieve or maintain the required level of service. The developer shall comply with the traffic distribution and recommendations of the traffic study. 70. PRECEDENCE- If any of the following conditions of approval differ from the Riverside County General Plan text or exhibits, the conditions enumerated herein shall take precedence. 71. GRADING INTRODUCTION- Improvements such as grading, filling, over excavation and re -compaction, and base or paving which require a grading permit are subject to the included CITY Grading conditions of approval. 72. GENERAL GRADING CONDITIONS - All grading shall conform to the latest adopted edition of the California Building Code, the City General Plan, The County Ordinance 457 and all other relevant laws, rules and regulations governing grading in the City. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading notice: Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction Permit from the State Water Resources Control Board (SWRCB). The Construction Permit requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NO[) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 73. ORDINANCES & LAWS COMPLIANCE -The development of the property shall be in accordance with the mandatory requirements of all Riverside County ordinances including Ordinances Nos. 348 and 460 and state laws; and shall conform substantially to the adopted Riverside County General Plan as filed in the office of the Riverside County Planning Department, unless otherwise amended. Conditions of Approval for Plot Plan No. 2009-111 26 of 45 74. CONSTRUCTION TIMES OF OPERATION- Construction adjacent to existing residential development shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday. Construction should not be allowed on weekends or federal holidays. Exceptions shall be considered upon written request by the Contractor to the City Engineering Department. 75. GRADING PERMIT FOR CLEARING & GRUBBING- County Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 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. EROSION CONTROL- Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during the rainy season from October 15 to April 15. 78. SLOPE EROSION CONTROL PLAN- Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 79. 2:1 MAXIMUM SLOPE RATIO- Except for basin slopes, graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. Slopes shall be contour graded and be less than 2:1 where possible to produce a natural appearance. 80.4:1 MAXIMUM SLOPE RATIO FOR BASIN SLOPES- Basin that may contain any water shall have side slopes with a maximum steepness ratio of 4:1 (horizontal to vertical) unless otherwise approved. 81. DRAINAGE FACILITIES & TERRACING- Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 82. SLOPE SETBACKS- Observe slope setbacks per Section J108, figure J108.1 of the California Building Code. 83. GEOTECHNICAL AND SOILS REPORTS- All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports. Conditions of Approval for Plot Plan No. 2009-111 27 of 45 84. GEOTECHNICAL AND SOILS REPORTS SUBMITTALS- Geotechnical/soils reports shall be submitted to the CITY Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the CITY.* * The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the CITY ENGINEERING DEPARTMENT GRADING INSPECTION PROCESS. 85. 100-YEAR DRAINAGE FACILITIES- All drainage facilities shall be designed to accommodate 100 year storm flows or as approved by the Riverside County Flood Control District and the City Engineering Department. 86. MINIMUM DRAINAGE GRADE- Minimum drainage grade shall be 1% except on Portland cement concrete surfaces where 0.50% shall be the minimum. The engineer must submit a variance request for design grades less than 1% with a justification for a lesser grade. 87. 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. 88. PAVING INSPECTIONS- The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 89. WATER MAINS & HYDRANTS- All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 546, subject to the approval by the Riverside County Fire Department and EMWD. 90. WATER MAINS- All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance 460 and/or No.787, subject to the approval by the Riverside County Fire Department and EMWD. 91. GATE ENTRANCES — The County Fire Department requires that 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 the design vehicle to stop without obstructing traffic on the road. If the largest design vehicle delivering to this facility is longer than the Fire Apparatus, an additional gate setback may be required to make design vehicle fit without blocking road in the event that the gate is normally closed. An updated truck circulation site plan shall be provided showing a gate location where the design vehicle does not block the road. Conditions of Approval for Plot Plan No. 2009-111 28 of 45 Unless otherwise demonstrated by the applicant, the design vehicle for this project is assumed to be a STAA Truck Tractor plus semitrailer plus trailer (double). 92. PERPETUAL DRAINAGE PATTERNS- The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. 93. TRAFFIC SIGNAL MITIGATION PROGRAM- The project proponent shall participate in the Traffic Signal Mitigation Program as approved by the City Council. This is included in the Development Impact Fee (DIF) payment. 94. ACCESS FOR THE DEVELOPMENT ON TRUMBLE RD. - Site access is a concern on Trumble Road. The applicant's engineer shall provide design vehicle turning radii to determine horizontal access parameters of this access. If a design vehicle's turning radii right -in to the development necessitates turning into the number 1 lane to make a right turn, then a right turn pocket shall be provided in the parkway along the east side of Trumble Road. The southerly curb return radius of the entry driveway shall be 35'. The northerly radius shall be 25'. 95. ORDINANCES 460/461- With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the CITY Engineering Department. This applies to both Trumble Road and Sherman Road frontages. 96. DRY UTILITY INSTALLATIONS- Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461. This also applies to existing overhead lines which are 34 kilovolts or below along the project frontages and within the project boundaries. 97. WQMP. This development is located within the San Jacinto River watershed, and all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist Conditions of Approval for Plot Plan No. 2009-111 29 of 45 the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Storm Water Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City Engineering Department prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the District prior to issuance of recommended conditions of approval. 98. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 99. TRASH ENCLOSURES — Trash enclosures shall be designed to have a solid impermeable roof and concrete slab floor. The roof shall have a minimum clearance height of at least 9 feet to allow the bin lid to completely open. The concrete slab shall be graded to contain any spill within the enclosure. The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All no hazardous liquids without solid trash may be put in the sanitary sewer. An alternate drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed if approved by EMWD. 100. VEHICHLE WASHING FACILITIES — All vehicle washing facilities shall be provided with wastewater treatment to separate contaminants and reclaim water. Wastewater from vehicle wash facilities is not allowed to drain to storm drain system. 101. Encroachment Permits — All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. Conditions of Approval for Plot Plan No. 2009-111 30 of 45 102. LANDSCAPE IN RIGHT-OF-WAY. Landscaping within public road right-of-way shall comply with Engineering Department standards and Ordinances 457 and 461 and shall require approval by the Engineering Department. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. Assurance of continuous maintenance is required to include an application for annexation into a Landscaping and Lighting Maintenance District by contacting the Transportation Department at (951) 955-6829. The City of Menifee is schedule to take over the administration of this district in 2012. The landscaping will consists of trees and shrubs irrigated by drip irrigation systems all as specified by the L&LMD. The use of turf is prohibited along with spray irrigation. Ordinances 457 and 461 govern the use of landscaping. The requirement of one tree every 20' of roadway alignment is required for this project along the frontage of Sherman Road and Trumble Roads. The tree size requirement is changed to 80% 5 gallon or larger, 15% 15 gallon or larger, and 5% 24" box trees. The landscape designer in encouraged to vary the alignment of trails to provide areas to clump trees and bushes rather than space them every 20', although the same total quantity of trees are required. A landscaped berm, as presented to the Planning Commission at the May 22, 2012 public hearing and shown on Exhibit X, shall be shown on the right-of-way landscaping and irrigation plans. The berm is approximately 1'9" in height and located along Trumble Road (partially in the right-of-way and partially in the project site). This language was added to the condition of approval per the Planning Commission at the May 22, 2012 public hearing. 103. LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT (L&LMD) - The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed Engineering Department application b. (2)Sets of street lighting plans approved by Engineering Department. C. (2)Sets of landscape and irrigation plans approved by Engineering Department. d. Appropriate fees for annexation. e. "Streetlight Authorization" form from SCE, IID or other electric provider. 104. 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. Prior to Project Approval: 105. GRADING CONDITIONS -Prior to any project approval the development standards of the City General Plan shall be reviewed and complied with. Conditions of Approval for Plot Plan No. 2009-111 31 of 45 106. Sherman Road will have a special section approved by the City to provide access and privacy to the residential properties to the East and adequate service to the light industrial properties to the West. The section approved requires the following on the west side of the road fronting the project site: a. Dedication of 14' additional right of way for a total of 88' right of way. 44' is already dedicated on the East side and 30' on the West side of the road. b. Extend pavement to the west to provide at least 32' of pavement from the survey center line. C. Construct a 6" high curb only. d. Construct a 12' parkway with a 5' wide sidewalk and a 6.5' wide landscape strip between the back of the curb and sidewalk. e. The landscape strip will be irrigated and planted with native grasses as approved by the City Planning Department. f. The landscape strip final grade will be 2" lower than the top of the curb and sidewalk to prevent flows from draining immediately over the curb and force percolation of flows as much as possible. g. The sidewalk will be projected at a 2% grade from the top of the curb. h. Street lights will be installed 18" behind the cub face in accordance with County Specifications and Standard Number 1000. i. The interim striping will remain with an offset skip single yellow centerline. j. No stopping signs (R26(s)) shall be installed on both sides of the roadway as directed by the City Engineer or his designee. k. Ultimate Road striping will require additional removals, grading and improvements to the east of the survey center line to provide at least two lanes with a minimum width of 18' and divided with a double yellow center line to prohibit passing of vehicles, but allow left turn lanes into driveway to property. This project is not conditioned to ultimate striping. Interim striping will suffice. The landscape in the Public Right of Way for Sherman Road will be maintained by the project owner. A maintenance agreement shall be executed and recorded prior to certificate of occupancy. 107. A profile and design cross -sections for Sherman Road are required for proper matching of existing improvements. 108. Trumble Road is a General Plan Highway designated as a Major Highway with a 118' Total Right of Way and 76' travel way per Riverside County Standard No. 93. The ultimate parkway is 21' wide within a 59' half -width right-of-way. Curb to curb improvements including a curb adjacent 6' wide sidewalk are already in place. The section for this road requires the following on the East side of the road fronting the project site: a. Dedication at no cost to the City of 9' additional right of way for a total of 21' parkway. Conditions of Approval for Plot Plan No. 2009-111 32 of 45 b. Removal of existing driveway approach and interfering sidewalk and replacement with new curb and gutter and sidewalk when the new driveway as required for this project is constructed. C. Since sidewalk is already in place, meandering sidewalk is not applicable to this project. 109. Recycled water is available on Trumble Road. Applicant shall apply to EMWD to use recycle water for irrigation of all landscape associated with this project. 110. The Parcel Merger of APN Nos. 329-030-060 and 329-030-068 shall be reviewed and approved by the CITY and recorded with the Riverside County Recorder. 111. PLAN SUBMITTALS- All final engineering plans shall have the latest City format. Three (3) copies of the improvement plans, the 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 and construction permits. All submittals shall be date -stamped by the engineer and include the appropriate plan check fee deposits. 112. INCREASED RUNOFF CRITERIA. - This project drains to Trumble Road and it is considered exempt from increased run off mitigation. During a large storm event, storm flows may exceed the flow capacity of Trumble Road. All building in this project shall be a minimum of 24 inches above the centerline elevation of Trumble road to be flood proofed. 113. All entry driveway entrances from Sherman Road and Trumble Road shall be designed and built in accordance with Riverside County Standard Plan No. 207A Commercial Driveway (with Sidewalk offset from the curb). 114. Sidewalk shall be totally in the public right of way. Additional right of way dedication may be needed depending of the final design of driveway approaches. 115. Improvement plans for the required improvements on Sherman Road must be prepared and shall be based upon a possible 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. 116. Area Drainage Fees- A notice of drainage fees shall be placed on the environmental constraint sheet and final map. The exact wording of the note shall be as follows: Notice is hereby given that this property is located in the Homeland/Romoland Area Drainage Plan which was adopted by the Board of Supervisors of the County of Riverside pursuant to Section 10.25 of Ordinance 460 and Section 66483, et seq, of the Government Code and that said property is subject to fees for said drainage area. Conditions of Approval for Plot Plan No. 2009-111 33 of 45 Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees shall be paid with cashier's check or money order only to the Riverside County Flood Control and Water Conservation District at the time of issuance of the grading or building permit for said parcels, whichever occurs first, and that the owner of each parcel, at the time of issuance of either the grading or building permit, shall pay the fee required at the rate in effect at the time of issuance of the actual permit. Prior to Grading Permit Issuance: 117. GRADING BONDS -Grading in excess of 199 cubic yards will require a performance security to be posted with the CITY Engineering Department. . 118. OFFSITE GRADING EASEMENTS- 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. 119. Required Right-of-way shall be dedicated to the CITY for Sherman Road and Trumble Road. The City shall not incur in any cost for such dedications. 120. GRADING CONDITIONS- Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes but is not limited to additional Environmental Assessments, Erosion Control plans, additional geotechnical and soils reports, Departmental clearances and the amount being graded. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the CITY Engineering Department. Landscape plans are to be signed and bonded per the requirements of Ordinance 457. Grading in excess of 199 cubic yards will require performance security to be posted with the CITY Engineering Department. 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 Engineering Department. A slope stability report shall be submitted to the Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal: vertical) or over 10 feet in vertical height. 121. SITE DRAINAGE-1. Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. 2. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical with an 18-inch top of slope shelf and toe of slope offset from walls, curbs, etc. The shelf shall have a positive grade of 2%. 3. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. 4. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on -site indicating the Conditions of Approval for Plot Plan No. 2009-111 34 of 45 approximate rippability of the bedrock materials at various depths for grading purposes. 122. NPDES/SWPPP REQUIREMENT- This project will disturb one (1) more acres or is part of a larger project that will disturb one (1) or more acres. Prior to issuance of any grading or construction permits - whichever comes first, the applicant is required to comply with the State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge Elimination System Construction General. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering Department for review prior to be certified by the legal responsible person in the SMARTS system. I should include a copy of the WDID letter from the Board. 123. 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. 124. 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. 125. OFFSITE GRADING EASEMENTS- 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. 126. 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 fee deposits. 127. A Final WQMP shall be submitted for review and approval by the CITY Engineering Department for all ongoing drainage facilities and maintenance. 128. MS4 ON -SITE RETENTION- The CITY Engineering Department requires that the finished site drainage facilities and/or BMPs retain a maximum of 0.75 inches times the net area of the site in a bio-retention BMP facility. Conditions of Approval for Plot Plan No. 2009-111 35 of 45 129. CONSTRUCTION TRAFFIC CONTROL PLAN- Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CA MUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects on the surrounding residences 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 county 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. Prior to Building Permit Issuance: 130. SIGNING & STRIPING PLANS- A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by the applicant's forces with all incurred costs borne by the applicant, unless otherwise approved by the Menifee City Engineer. 131. STREET LIGHT PLAN- A separate street light plan is required for this project. Street lighting shall be designed in accordance with Street Light Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. 132. GRADING CONDITIONS- PRIOR TO ISSUANCE OF ANY BUILDING PERMITS: The property owner shall obtain a grading permit and approval to construct from the CITY Engineering Department. 133. PARKWAY DRAINS -The applicant shall provide applicable parkway drains to channel site water to the new street curb lines per Riverside County Standard No. 308. 134. 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 (City format) 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 Conditions of Approval for Plot Plan No. 2009-111 36 of 45 geotechnical/soils report shall be submitted for verification/acceptance to the CITY Engineering Department. 135. TRAFFIC SIGNAL MITIGATION FEE/COMM-INDUST- In accordance with Riverside County Ordinance No. 748, this project shall be responsible for Signal Mitigation Program fees in effect at the time of occupancy or final building permit, or any use allowed by this permit. Said fee shall be based upon the following criteria: Industrial/per net acreage, the project net acreage is 9.16 acres. 136. 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. Prior to Certificate of Occupancy: 137. DRAINAGE EASEMENT- The applicant shall dedicate to RCFCD a drainage and access parcel for the future Line "B-1" channel. An appropriate 55-foot width drainage easement for the future Line "B-1" shall be dedicated to the Riverside County Flood Control District and Water Conservation District (RCFCD) in fee title along the easterly 55 feet of the net property limits from the project's north property line to the south property line. Said easement shall be recorded prior to CITY Grading Permit issuance. As of 1/14/2011, the current proposed design for this facility is a concrete trapezoidal channel with an access road in each side and a chain link fence at both edges of the parcel. 138. STREET LIGHTS — INSTALLATION- Install street lights along the streets associated with the development in accordance with the standards of County Ordinances 460 and 461 and Riverside County procedures and Standards. Riverside County Street Light Standard No. 1001 shall be installed. 139. PLANT & IRRIGATED SLOPES- GRADING CONDITIONS TO BE FULFILLED PRIOR TO FINAL OCCUPANCY APPROVAL: 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. 140. STREET LIGHT CERTIFICATION- Prior to OCCUPANCY, the project proponent shall receive and provide to the CITY Engineering Department, a Certificate of Completion for street lights from SCE. 141. 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 (City format) shall be submitted for verification/acceptance to the CITY Engineering Department. Conditions of Approval for Plot Plan No. 2009-111 37 of 45 142. STREET IMPROVEMENTS — The street improvements for Trumble Road and Sherman Road shall be completed to the satisfaction of the Menifee City Engineer. 143. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) fee. 144. MAINTENACE AGREEMENT FOR LANDSCPE IN R/W — The landscape in the Public Right of Way for Sherman Road will be maintained by the project owner. A maintenance agreement shall be executed and recorded prior to certificate of occupancy. 145. BMP Education — The applicant 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 Riverside County Flood Control District's NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-mail fen pdes(a)co.riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, and location of project. Note that there is a five-day minimum processing period requested for all orders. The applicant must provide to the Engineering Department a notarized affidavit stating that the distribution of educational materials to the employees is assured prior to the issuance of certificate of occupancy. Conditions of Approval for Plot Plan No. 2009-111 38 of 45 Section V: Riverside County Fire Department Conditions of Approval Conditions of Approval for Plot Plan No. 2009-111 39 of 45 General Conditions 146. 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-111) is required on all correspondence. Additional information is available at our website: www.rvcfire.ora 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 147. 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. 148. Surfacing Materials. Access shall be asphalt or concrete surface. 149. 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. 150. Minimum Fire Flow. Minimum required fire flow shall be 3125 GPM for a 3 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 11113 construction per the 2007 CBC and Building(s) having a fire sprinkler system. Conditions of Approval for Plot Plan No. 2009-111 40 of 45 151. High Pile/Rack Storage. A separate permit may be required for high -pile storage and/or racks. Sprinkler plans and/or sprinkler review must be submitted by a licensed sprinkler contractor with storage and/or rack plans to Riverside County Fire Department for review and approval of the 2007 CFC compliance. Complete information re: all commodities stored, rack dimensions, placement in building, sprinkler densities, etc. must be provided with suppression system for racks and/or high -pile storage review. A complete listing of commodities, classified using CFC 2007 Edition and NFPA 13, 2002 Edition guidelines by a licensed Fire Protection Engineer (or other consultant approved by this jurisdiction). 152. Fire Hydrants. A combination of on -site and off -site super fire hydrants, on a looped system (6"x4"x 2-2 1/2"), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants(s) in the system. 153. Tank Permits. Applicant or Developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permits, from the Riverside County Fire Department and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tanks(s) shall meet the following standard: Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. 154. Rapid Hazmat Box. Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Riverside County Fire Department for approval prior to installation. 155. Gate Entrances. 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 a 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, a 38 foot turning radius shall be used. 156. 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. 157. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Prior to Issuance of Building Permit Conditions of Approval for Plot Plan No. 2009-111 41 of 45 158. 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. 159. 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 160. 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. 161, Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2002 edition in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe sizes in excess of 4" in diamter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring system shall monitor the fire sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact fire department for guideline handout. 162. Extinguishers. Install portable fire extinguishers with a minimum rating of 2A- 10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. Conditions of Approval for Plot Plan No. 2009-111 42 of 45 Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2009-111 43 of 45 General Conditions 163. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2009-111 (County Plot Plan#23821) proposes to expand an existing warehouse facility to include 15 tractor trailer docks, 16 long haul trailer parking spaces, 93 parcel van docks, 222 automobile parking spaces, a truck washing area, a below ground fuel tank and a fuel island. Eastern Municipal Water District (EMWD) will provide water and sewer service to this project. 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. Prior to Final Inspection 164. 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. 165. 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. 166. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 167. Business Emergency Plan. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. Conditions of Approval for Plot Plan No. 2009-111 44 of 45 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) Conditions of Approval for Plot Plan No. 2009-111 45 of 45