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PC12-124Resolution PC 12-124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2011-003 FOR AN OFFICE AND WAREHOUSE PROJECT LOCATED SOUTH OF ETHANAC ROAD, NORTH OF MCLAUGHLIN ROAD, ON THE WEST SIDE OF ANTELOPE ROAD Whereas, on January 13, 2011 the applicant, Harold D. Meyers, filed a formal application with the City of Menifee for Plot Plan No. 2011-003 for an office and warehouse project. Whereas, on September 27, 2011, the Planning Commission held public hearing on the Project, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and, Whereas, at the September 27, 2011 public hearing, the Planning Commission continued the item off -calendar in order for the applicant and Planning Staff to come to an agreement on the Conditions of Approval and various aesthetic issues; and, Whereas, the project was re -noticed for the October 23, 2012 Planning Commission hearing; and, Whereas, at the October 23, 2012 Planning Commission public hearing, the Commission found that: 1. Consistency with the General Plan. The proposal is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. a. The project is consistent with the General Plan Land Use Designation. The project site's General Plan designation is Community Development: Heavy Industrial (CD: HI) land use designation as reflected in Specific Plan No. 260 (Menifee North). The project proposes to permit the construction of two industrial buildings and outdoor equipment storage on the 5.01 gross acre subject parcel of land. Since the proposed buildings are industrial in nature, the project is considered consistent with the General Plan designation. b. The project is consistent with the surrounding land uses. Adjacent properties to the north, east, west, and south are all designated Community Development: Heavy Industrial, which is the general plan land use designation of the subject property. C. Consistency with the proposed General Plan. There are currently no general plan land use changes proposed on the City's General Plan for this property, and therefore; the project is anticipated to be consistent with the proposed general plan, including a housing element that is consistent with the state housing element law. d. Consistency with the proposed Housing Element. 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 Resolution No. 12-124 Trumble Offices and Warehouse October 23, 2012 Page 2 of 3 with the future adopted general plan, including a housing element that is consistent with the state housing element law. e. Consistency with Vision and Values. The project proposes to construct a 21,730 square foot office / warehouse / storage building, and a 40,000 square foot warehouse building. Accordingly, since the project is consistent with the general plan and zoning for the property, the project is not inconsistent with the vision and values of Menifee. f. Consistency with the proposed General Plan. here are currently no general plan land use changes proposed on the City's General Plan for this property, and therefore; the project is anticipated to be consistent with the proposed general plan, including a housing element that is consistent with the state housing element law. g. The project is consistent with the Multi -Species Habitat Conservation Plan. The project is not within a Criteria Area of the Multi -Species Habitat Conservation Plan. 2. The existing zoning for the subject site is Specific Plan (Menifee North Specific Plan, Planning Area 2). 3. Properties to the north, west and south are also zoned SP, Planning Area 2. Properties to the west are zoned SP, Planning Area 3. 4. The proposed uses, a warehouse, several offices, and a caretaker's unit are permitted uses in the Specific Plan Zone (SP) zone. 5. The proposed uses, a warehouse, several offices, and a caretaker's unit are consistent with the development standards set forth in the Specific Plan Zone (SP) zone. 6. The public's health, safety, and general welfare are protected through project design. 7. The proposed project is compatible with the present and future logical development of the area. 8. The plan considers the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion and takes into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. 9. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 10. An Environmental Assessment was prepared for the proposed project. The Environmental Assessment determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared. Now, therefore, the Planning Commission of the City of Menifee resolves and Resolution No. 12-124 Trumble Offices and Warehouse October 23, 2012 Page 3 of 3 orders as follows: The Findings set out above are true and correct. 2. The Negative Declaration for Plot Plan No. 2011-003 is approved and staff/developer is instructed to file the Notice of Determination. 3. Plot Plan No. 2011-003 for the Trumble Offices and Warehouse 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 October 23, 2012. PASSED, APPROVED AND ADOPTED THIS 23`d DAY OF OCTOBER 2012. q'r/rA"__ Bill Zimmerm n, air ATTEST: J nnifer Allen, Planning Commission Secretary Conditions of Approval for Trumble Offices and Warehouse Plot Plan No. 2011-003 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering Conditions of Approval Section IV: Fire Department Conditions of Approval Section V: Building and Safety Conditions of Approval Section VI: County Environmental Health Conditions of Approval 1 Section I: Conditions Applicable to all Departments General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2011-003 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBITS B-1 and B-2 = Floor Plans for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBITS C-1 and C-2 = Elevations for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT D = Drainage Plan for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT = Colors and Material Board for Plot Plan No. 2011-003, dated August 9, 2012. 2. Planning Case No. 2011-003 (Plot Plan) is a proposal to permit the construction of two industrial buildings and outdoor equipment storage on the 5.01 gross acre subject parcel of land. Suite Square Footage 101 1,052 102 4,280 103 2,713 104 2,713 105 2,713 106 2,713 107 2,713 108 2,726 Utility Rooms 107 Total 21,730 3 The plans for the site delineate two distinct areas for development that are separated by security fencing. The eastern'/3 of the site will include a 21,730 square foot building to be utilized with a combination of one caretaker's unit, seven showroom offices, and eight warehouse/storage units. The floor plans for the project identify the following square footage by suite: Suite Square Footage 101 1,052 102 4,280 103 2,713 104 2,713 105 2,713 106 2,713 107 2,713 108 2,726 Utility Rooms 107 TOTAL 21,730 The office/warehouse building is proposed to be one-story with a maximum height of 24 feet. Suite 101 will be designated as a caretaker's unit with living, eating, private restroom, and sleeping areas in addition to an office area and public restroom. Suites 102 through 108 will have pedestrian/employee access to the offices through the front (eastern elevation) with equipment entrances at the rear (western elevation). Access from the rear will be provided by both man doors and 18-foot by 14-foot overhead rolling doors. The rear units will also include roof mounted skylights. The building shall be protected with a fire sprinkler system. Air conditioning units will be ground mounted. The balance of the site will contain a trash enclosure, a recycling bin, landscaped areas, parking areas and drive aisles. The eastern portion of the site will provide a total of 55 parking spaces including four that are designated as disabled accessible. The western 2/ of the parcel will include the construction of a 40,000 square foot general warehouse/storage building, a vehicle/equipment wash rack and a paved outside equipment/materials storage area. The proposed warehouse is one-story with a maximum height of 2-9 40 feet. Access to the building will be provided by both man doors and four overhead rolling doors. The building shall be protected with a fire sprinkler system. No roof -top equipment is proposed. Two employee restrooms are 11 proposed. The balance of the site will contain a vehicle/equipment wash rack, landscaped areas, parking areas and drive aisles. The vehicle/equipment wash rack will be used to clean off mud. The wash rack shall be self-contained and will recycle its water, all mud from the =washing shall be picked up manually and properly disposed of. The western portion of the site will provide a total of 40 vehicle parking spaces including two that are designated as disabled accessible. The outdoor equipment storage area includes space for 43 additional vehicles and/or equipment. 3. Zoning Compliance. The project shall conform to the Specific Plan Zone as subsequently amended. 4. 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 5. 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. 6. 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. 7. Expiration. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a three (3) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. 8. 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. 2011-003. 9. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 10. 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. 12. Subsequent Review. No expansion of the site or the use shall occur without subsequent reviews and approvals from the Planning Department before such expansion. 13. Development Restriction. Any use, activity, and/or development occurring on the site without appropriate city approvals shall constitute a code violation and shall be treated as such. Any deviation shall require the appropriate Planning Division review and approval prior to such deviation. 14. No Billboards. No billboards are allowed on the property. 16. ADA Compliance. The project shall conform to all disabled access requirements in accordance with the State of California, Title 24, and Federal Americans with Disabilities Act (ADA), as applicable. 17. Parking. Parking for this project was determined primarily on the basis of County Ordinance No. 348, Section 18.12. a.(2).b), Warehouses, offices, and residential uses: 1 space/250 sq. ft. of offices, 1 space/500 sq. ft. of fabrication, 1 space/2000 square feet of warehouse, 1 space/500 square feet of uncommitted use, and 2 spaces / residential unit. As such, the parking for this project is a total of 83 spaces. The amount of automobile parking provided is 95 spaces. Building Use Square Feet Parking Ratio Parking Required Residential 1052 2 / unit 2 Office 6,312 1 / 250 s.f. 25 Warehouse Bldg. 40,000 1 / 2,000 s.f. 20 Flex Area within Units (Uncommitted) 17,858 1 / 500 s.f. 36 18. Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 75 db(A), 10-minute LEQ, at the project boundaries. In the event noise exceeds this standard, the permittee or the permittee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 19. Fees. The following fees shall be paid as appropriate to the project and paid at certain times as determined by the City Manager: (a) Related statutory school district fees at the time of payment; (b) Subsequent Reviews fees on an hourly basis (Ordinance No. 671); (c) Open Space Mitigation fees (Ordinance No. 810); (d) Multi -Species Habitat Conservation Plan fee (Ordinance No. 810); (e) Stephen's Kangaroo Rat Habitat Conservation mitigation fee (Ordinance No. 663); (f) All Development Impact Fees (DIF) at the time of payment (Ordinance No. 659), which include Traffic Signal Mitigation fees. (g) Riverside County Transportation Uniform Mitigation West fees (TUMF) at the time of payment (Ordinance No. 824). (h) Any outstanding development processing fees at the time of payment. (i) Any and all liens (if any) owed to the City of Menifee 7 Section II: Planning Conditions of Approval General Conditions 20. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 21. Property Maintenance. The site shall be maintained in a graffiti -free state at all times. Existing graffiti located on the site shall be removed within 48 hours at the expense of the property owner. 22. 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. 23. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 24. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBITS M-1 and M-2. 25. Land Division Required. Prior to the sale of any individual structure, or a portion thereof, 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. 26. 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. 27. 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. —N-G-Permanent Occupancy. Ne peFmaneRt eGGWpaRGY shall One leasing space may be permitted within the property approved under this plot plan as a principal place of 0J residence. No perseR, shall use the premises as a normaRent mailiRg address nep-be eRtitled to vote using on address within the promises as a place of r id 30. 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 65 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00 a.m., and 75 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 31. Hours of Construction. Any construction of the within the city located within one-fourth (1/4) 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. 32. Rules for Construction Activities. The project proponent shall comply with all SCAQMD established minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. Any construction equipment using direct internal combustion engines shall use diesel fuel with a maximum of 0.05 percent sulfur and a four -degree retard. Construction operations affecting off -site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through traffic lanes. On -site heavy equipment used during construction shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available or its use is not cost -competitive. 33. 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. 34. 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. 35. 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 10 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". 36. Electrical Hook-ups. Electrical hook-ups for diesel trucks shall be provided Prior to Grading Permit Issuance 37. Geology. County Geologic Report (GEO) No. 2238 submitted for this project was prepared by T.H.E Soils Co., Inc. and is entitled "Preliminary Geotechnical Investigation, Proposed by Trumble Road Office & Equipment Storage, APN No. 331-150-044, 5 +/- Acres, Antelope Road, City of Menifee, Riverside County, California", dated December 16, 2010. In addition, T.H.E. Soils Co. prepared "Response to Count of Riverside's Planning Departments 'Review Comments' GEO 02238, City of Menife Case no. PP2011-003, Proposed Trumble Road Office & Equipment Storage, APN No. 331-150- 044, 5 +/- Acres, Antelope Road, City of Menifee, Riverside County, California", dated February 15, 2011. This document is herein incorporated as GEO02238. GEO02238 concluded: A. No active faults traces or fault features have been identified on the subject site. B. Ground rupture during a seismic event is anticipated to be low. C. The liquefaction potential is anticipated to be low. D. Seismically induced settlement is expected to be low. E. The potential for landsliding during a seismic event is considered low. F. The potential for rockfall is anticipated to be low. G. Seiches and tsunamis are not considered potential hazards of the site. GEO02238 recommended: A. The upper 1 to 3 feet of old alluvial fan deposits will require complete removal and recompaction or offsite disposal. GEO02238 satisfies the requirement for a Geologic Study for Planning / CEQA purposes. GEO02238 is hereby accepted for Planning purposes. This approval is not intended, and should not be misconstrued as approval for a grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. 38. Construction Noise. The project developer shall implement noise reduction measures during grading. 11 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. 38. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved construction areas shall be wetted at least twice daily during construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading sites and unpaved surfaces at least two 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; 12 k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 39. BUOW Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. 13 No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. ARCHEOLOGY 40. 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. 41. 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 appropriate Native American Tribe. a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. c. 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 42. 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). 43. 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, 14 the Planning Department shall require inspections prior to final inspection and at six month and twelve month intervals. 44. 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. PALEONTOLOGY 45. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Should paleontological resources be inadvertently uncovered during ground disturbing and/or construction activities all work must be halted in the vicinity and a qualified Paleontologist and the City of Menifee shall be contacted immediately. The qualified Paleontologist shall observe the find and assess the significance of the resource. If the paleontological resource is determined to be a potentially significant resource, the preparation and implementation of a Phase III Data Recovery Program shall be performed, including the disposition of recovered artifacts. FEES 46. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 4.77 acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is 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. 47. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. 2011-003 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 48. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan, elevations, or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Riverside County Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or a subsequent ordinance. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Buildinq Permit Issuance 15 49. Building Plans. Prior to the issuance of a building permit, whichever occurs first, the applicant shall apply with the City of Menifee Building and Safety Department for building permits for the proposed buildings within the project site. The building plans shall be in substantial conformance with Exhibit B. Three (3) complete sets of plans are required and shall be designed under the provisions of the most recently adopted edition of the California Building Codes. Two (2) copies of the precise grading plan showing accessible parking and 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. All Conditions of Approval shall be copied onto the approved building plans (immediately following the cover sheet) and annotated to indicate the appropriate sheet number to verify satisfaction of individual conditions. 50. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBITS B-1, B-2, and B-3, dated June 30, 2011. 51. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C, dated June 30, 2011. 52. Roof Mounted Equipment Plans. All building plans shall show all roof -mounted equipment and methods for screening and shall be submitted to the Planning Department for review and approval prior to building permit issuance. Screening material shall be subject to Planning Department approval. Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 53. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety and the Planning Department for plan check approval and shall comply with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 54. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 55. 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. 56. Muffling Construction Equipment. In accordance with City of Menifee Ordinance No. 847, during all excavation and grading activities associated with project construction, the construction contractor(s) shall ensure that all construction equipment, fixed or mobile, is equipped with properly operating and maintained mufflers, consistent with manufacturers' standards. 16 This requirement shall be noted on the specification sheet of all grading and construction plans. LANDSCAPING: 57. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 58. Landscape and Irrigation Plans. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT 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 17 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. 59. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the Pre -Installation, Installation, Six Month and One Year Landscape Inspections. The amount of hours for the Pre -Installation, Installation, 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. FEES: 60. 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. 61. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 62. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. Prior to Final Inspection 63. Final Planning Inspection. The applicant shall obtain final building permit sign -off from the Planning Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met and that the development complies with the approved set of building permit plans. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good working condition. 64. Utilities. All utility facilities attached to buildings, including meters and utility boxes, shall be painted to match the wall of the building to which they are affixed. These facilities shall also be screened from the public right-of-way by landscaping. 65. Mechanical and Roof Mounted Equipment. All mechanical equipment, including roof mounted air conditioning units and equipment shall be screened from the public right-of- way, or as otherwise approved by the Planning Director. 66. Trash. One (1) trash enclosures which are adequate to enclose a minimum of two (2) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six 18 (6) feet in height and shall be made with masonry block, landscaping screening, overhead trellis, and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 67. Parking. Parking for this project was determined on the basis of Ordinance No. 348, Section 18.12. a.(2).b): A minimum of 60 parking spaces shall be provided per Ordinance 348, but 95 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 six (6) accessible parking space for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. A minimum of three Class II bicycle parking spaces shall be provided near the entry of the main building, in accordance with Ordinance No. 348. 68. Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. All project landscaping may not be deferred until the final phase. 69. 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. 19 70. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and EA. The Community Development Director may require inspection or other monitoring to ensure such compliance. 71. Waste Management Clearance. Prior to issuance of an occupancy permit, the applicant shall provide a clearance letter from Riverside County Waste Management verifying compliance with the approved Waste Recycling Plan. 72. Walls and Fencing. Perimeter fencing shall comply with APPROVED FENCING AND WALL PLAN EXHIBIT F. The approved Exhibit 0 shows a 7 feet high masenry all en the ReFth, south and west PrGpeFty liRes and twe seGWFity gates on both sides E)f the eastem b„ilrJi 4 The applicant shall also collaborate with neighboring properties to the north and south with regards to fencing when those properties develop. LANDSCAPING 73. Landscape Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance, both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 74. 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 75. Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The amount of the fee for commercial or industrial development shall be calculated on the basis of the "Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project FA development. The Project Area for Plot Plan No. 2011-003 has been calculated to be 4.86 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. 76. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2011-003 is calculated to be 4.86 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. 77. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 21 22 General Conditions 78. Construction Times of Operation. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. 79. Underground Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. The applicant is responsible for coordinating the work with the serving utility company. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. CIRCULATION AND DEDICATIONS 80. 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. 81. Signing and Striping. A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 82. Off -Site Parking. This project shall not have off -site parking on the street. 83. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by County Ordinance 457. 84. Traffic Signal Mitigation Program - The applicant shall paFtisipa-te in the TraffiG Signal be subiect to the Transportation Uniform Mitigation Fee Program in effect at the time of the issuance of building permits. 23 85. Driveways — The following designations shall describe the locations of the project driveway access points. North Driveway — on Antelope Road designated as the main entrance South Driveway — on Antelope Road designated as secondary access. Driveways shall be designed per County of Riverside standard 207A. The sidewalk across the driveway approach shall be in the public right of way. Additional Right of Way may need to be dedicated depending on the final engineering design. 86. Development Access Antelope Read TFa#+e. The south drive shall be used for egress (right in only) and the north drive shall be igress only (with both left & right movement) both drives shall be posted as approved by the City Engineer, in accordance with Ordinance No. 460 Standard No. 94. 87. 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. 88. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 24 day minimum strength of 3,250 psi. 89. Dedications — Antelope Road ultimate right-of-way shall be dedicated for a Secondary Highway Half Street width per the City Draft Standard No. 94 (32'/50'). Sidewalk within driveway approaches shall be in the public right of way. Additional Right of Way may Reed to he rderdiGated depending OR the final engineering design 90. Landscape Maintenance. 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 from the property owner. This may include an application for annexation into a Landscaping and Lighting Maintenance District by-ceRtaeting- the —Traaspertati9R DepaFtme;t at (9o44 955 6829 OR by enterinq into an agreement with the City Engineerinq Department. Such an agreement will require the posting of bonds adequate for such maintenance and will require compliance with the California MS-4 permit issued by the State Regional Water Quality Control Board to the City of Menifee. That permit requires treatment of storm water effluent prior to reaching a public street. The water quality features must be kept in good order and the owner understands that the penalties may be up to $10 000 / day for non-compliance with the MS-4 permit. By entering into this agreement the Applicant hereby agrees to hold the City of Menifee harmless and agrees to pay any such levies caused by non-compliance. The City of Menifee is scheduled to take over the administration of this district in 2012. 91. Road Right of Way Landscape. 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 24 landscaping. The requirement of one tree every 20' of roadway alignment is required for this project on the west side of Antelope Road beth sides ef Murrieta and Helland Read. 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. 92. 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. 93. Assessment Districts - Should this project lie within any assessment/benefit district, the applicant shall, prior to issuance of a building permit, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 94. Sewer Lines — All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Ordinances 460/461 and Eastern Municipal Water District standards. GRADING AND DRAINAGE 95. General Grading Conditions - All grading shall conform to the latest edition of the latest adopted edition of the California Building Code, City General Plan, Ordinance 457 and all other relevant laws, rules and regulations governing grading in the City Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading notice: Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction Permit from the State Water Resources Control Board (SWRCB). The Construction Permit requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NOI) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 96. 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 P 97. 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. 98. Slope Setbacks - Observe slope setbacks per Section J108, figure J108.1 of the California Building Code. 99. Design Criteria: a. On -Site Parking — Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. 5% grade is the maximum slope for any parking area. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into the drainage system underground or outlet with appropriate velocity reducers into BMP devises. c. Slopes - All manufactured slopes exceeding 3' shall have some type of drainage swale at the toe of the slope to collect any runoff. d. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%. Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 100. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. Slopes shall be contour graded and be less than 2:1 where possible to produce a natural appearance. 101. Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 102. 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. 103. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 104. 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 26 area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 105. Flood Hazard Report. Plot Plan 2011-003 is a proposal to construct two buildings within 4.68 acres in the Romoland area. The fist building is a 21,600 sq. office building with one caretaker's unit. The second building is 40,000 sq. ft. warehouse. The site is located at Antelope Road south of Ethanac Road within the City of Menifee. No offsite flows enter the existing site. It is relatively flat draining westerly. Increased runoff mitigation is and mitigation for water quality will be required. Onsite flows with the exception of roof run-off would be sheet flow and conveyed via paved parking areas and driveways to bio-retention swales along the north, west and south property lines. The proposed bio-retention swales are acceptable for mitigation of water quality impacts of the development. During large storm events, storm flows may exceed the flow capacity of the bio-retention swales impacting the adjacent site to the west. The site is located within the bounds of the Homeland/Romoland Line B Sub -Watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP Fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the fee at the time of payment. 106. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows and be approved by the Riverside COURty FIGGGI GGRtFGI Dust and the City Engineering Department. Outletting sump conditions require an emergency escape. 107. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. 108. Elevate Finished Floor. The buildings shall be flood proofed by elevating the finished floors a minimum of 24 inches above the curb of the bio-retention swale. 109. WQMP. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Stormwater Quality. 27 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 District 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. 110. BMP Facilities Maintenance. This project proposes BMP facilities that will require maintenance by public agency or the property owner. co^:mer^i-al pmperty GWRer a-sseeiat;c)n. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMP's in perpetuity. The site's treatment control BMP's must be shown on the project's improvement plans - either the street plans, grading plans, or landscape plans. The -type -Gf improvement plans that will-s#ewthe BMP's will depeRd c)n the-seferted maintenance-eRtit-y—The landowner hereby agrees to maintain all BMP's called for in the preliminary and final WQMP.- Prior to Grading Permit Issuance CIRCULATION AND DEDICATIONS 111. 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. 112. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Engineer. 113. 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 28 Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. 114. Antelope Road — Antelope Road is designated as a Secondary Highway and shall be improved with 32 foot half -width AC pavement, 6" concrete curb- and -gutter, and 8' wide meandering sidewalk with 6" thick reinforced concrete) within the 50' half -width dedicated right-of-way in accordance with the City of Menifee draft Standard No. 94. (32750'). Tapers shall be designed per County of Riverside design guidelines. 115. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, 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. 116. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 117. Ordinances 461 - With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Engineering Department. GRADING AND DRAINAGE 118. General Grading Introduction - Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 29 119. Geotechnical and Soils Reports Submittals - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 120. Grading Permit for Clearing and Grubbing — County of Riverside Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 121. 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. 122. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 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 analyzed by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering Department prior to grading operations. 124. Off -site Grading Easements - Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized agreement and recorded documents shall be submitted to the Engineering Department. 125. Off -site drainage letter — The proposed drainage outlet will discharge concentrated flows to the property on the west. Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to a letter from the adjacent development to discharge concentrated flows. A notarized signed and recorded letter shall be submitted to the Engineering Department 126. Plan Submittals - Two (2) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large 30 format plans shall be bulk folded to 9"x12". A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 127. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 128. ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set for land divisions having comparable anticipated impermeable surface areas. Plot Plan 2011-003 is located within the limits of the Homeland/Romoland Line "B" sub -watershed Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of the new development. This new development has a total of 4.68 acres subject to the fee. The charge is payable to the Flood Control District by cashier's check or money order only and shall be paid after final approval of the staff report/conditions of approval by the Board of Supervisors and prior to issuance of permits. NPDES AND WQMP 129. Preliminary WQMP. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need revisions to meet the requirements of a final project specific WQMP. Redesign of BMPs or additional BMPs may be required. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 130. Final WQMP - A Final WQMP shall be submitted for review and approval by the City Engineering Department for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033. 131. Trash Enclosures - The City of Menifee is a Co-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit No. CAS 618033. Direct rain water or wastewater runoff from trash enclosure is prohibited. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. 31 b) They shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6' high. c) They shall have a concrete slab floor. The concrete slab shall be graded to collect any spill within the enclosure. d) A floor drain from the interior of the enclosure as described below shall be provided to convey any spill. e) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. f) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. A floor drain from the interior of the enclosure that discharges to adjacent landscape areas properly designed to perform as BMP to treat this drainage is preferred. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed after obtaining approval by EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Any standing liquids in existing trash enclosures without a floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. The use of uncovered trash enclosures is not longer permitted. However it may be approved by the Engineering Department if the project meets any of the following exceptions: a) An existing trash enclosure that is within an area subject to Planning Department setback restriction for structures. b) No location exists where a proposed trash enclosure can be constructed without violating Planning, Fire and Building and Safety Department restrictions. c) Uncovered trash enclosures shall be graded to drain to adjacent landscape areas designed to perform as a BMP. 132. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 32 133. Increased Runoff - The proposed development of this site may adversely impact downstream property applicants by increasing the rate and volume of flood flows. To mitigate this impact, onsite detention facilities shall be designed and approved. 134. Increase Runoff Criteria - The entire area of proposed development may be routed through detention facilities to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10- year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on -site flows shall be mitigated before combining with off -site flows to minimize the size of the detention facility required. If it is necessary to combine off -site and on -site flows into a detention facility two separate conditions shall be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off -site plus on -site), and the second for the area to be developed alone (on -site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on -site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre -developed, post -developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100- year storm without damage to the facility. Mitigation basins shall be designed for joint use and be incorporated into open space or park areas. Side slopes shall be no steeper than 4:1 and depths shall be minimized where public access is uncontrolled. A viable maintenance mechanism (a Final WQMP), acceptable to City Engineering Department, shall be provided for detention facilities. 135. Increased Runoff Study Required - A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention facilities, shall be submitted to the City Engineering Department for review and approval. Increased runoff mitigation basin criteria shall be as indicated in condition "Increased Runoff Criteria". If the City Engineer approves an increased runoff policy which supersedes this criterion prior to the submittal of the complete drainage study, then the current policy shall apply. 136. NPDES/SWPPP REQUIREMENT- This project larger than one (1) acre 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. 33 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. 137. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on -site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. Prior to Building Permit Issuance: GRADING AND DRAINAGE 138. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant's geotechnical engineer shall submit compaction reports with 90% or better prior to building permit issuance. 139. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer - of -Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the City Engineering Department. 140. 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. 141. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Engineer. 34 142. 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. - - -WIN Willi - ■ - SIMON 11MIN 1.0 ■ MUM Z- NPDES AND WQMP 144. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. . 145. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. Prior to Certificate of Occupancy CIRCULATION AND DEDICATIONS 146. Landscape and Lighting Maintenance District (LLMD) - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals within public road rights -of -way for the required traffic signal(s). 147. Street Lights — Installation- Install street lights along the streets associated with the development in accordance with the standards of County Ordinances 460 and 461 and County procedures and design guidelines. 148. Streetlight Authorization - The applicant shall submit to Engineering Department Permits the following: 1."Streetlight Authorization" form approved by the L&LMD Administrator. 2.Letter establishing interim energy account from SCE, or other electric provider 149. Install Street Lights. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of Ordinances 460 and 461. All street lights shall be substitute for L&LMD with the same lumen luminaire output. 35 Street light annexation into L&LMD or similar mechanism as approved by the Engineering Department shall be completed. It shall be the responsibility of the Developer to ensure that street lights are energized along the streets associated with this development where the developer is seeking Building Final Inspection (Occupancy). 150. Street Sweeping. Owner shall cause property to be annexed into CSA152 or similar district or mechanism for NPDES BMP of street sweeping, as approved by the City Engineer. 151. Completion of LLMD Annexation - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Lighting Maintenance District No. 89-1- Consolidated for maintenance of traffic signals, street lights, GernmeR landsGape and BMP's within public road rights -of -way. Landscaping may be maintained by the property owner until the annexation into LIVID No. 89-1 is completed and the LIVID has the capacity to maintain such landscaping. Should the property choose to maintain landscaping in the public road right of way, such maintenance shall be to the satisfaction of the City Engineer as referenced in Condition No. 87. 152. 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. 153. Improvements. All required off -site and on -site improvements shall be completed and functioning, including undergrounding of utilities, unless otherwise approved by the City. A certificate should be obtained from the pertinent utility company and submitted to the Public Works Department as proof of completion for the utilities. GRADING AND DRAINAGE 154. Conform to Elevations - Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. 155. Final Grade Certification — The applicant's civil engineer shall provide the standard City of Menifee final grade certification form prior to certificate of occupancy of each building. 156. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 36 157. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website: www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. The developer must provide to the City a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 158. BMPs Installed. All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The District will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 159. BMP Maintenance. The BMP maintenance plan shall contain provisions for all treatment controlled BMP's to be inspected, and if required, cleaned no later than October 15'h each year. Required documentation shall identify the entity that will inspect and maintain all structural BMP's within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. 37 Section IV: GENERAL CONDITIO 160. 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 (as it is noted above) is required on all correspondence. Additional information is available at our website: www.rvcfire.org 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. 161. 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 162. SHELL/FPE/COMM. THESE CONDITIONS ARE FOR A SHELL BUILDING ONLY. Shell building will receive a shell final only. No Certificate of Occupancy (human occupant and/or materials) will be issued until the building occupant has been identified with their occupancy classification and have been conditioned by Riverside County Fire Department. Occupant or tenant identification is imperative for orderly and prompt processing. Upon identification of the occupant or Tenant a Fire Protection Analysis report maybe required prior to establishing the requirements for the occupancy permit. Failure to provide a comprehensive data analysis and/ or technical information acceptable to the Fire Department may result in project delays. 163. 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 Chapter 24 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 UFC Chapter 24 of the 2007 Edition and NFPA 13, 2002 Edition guidelines by a licensed Fire Protection Engineer (or other consultant approved by this jurisdiction). (Current plan check deposit base fee is $348.00) 164. BLUE DOT REFELECTOR. Blue retro reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior 39 to installation, placement of markers must be approved by Riverside County Fire Department. 165. MIN REQ FIRE FLOW. Minimum required fire flow shall be 2750 GPM for two hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type VB construction per the 2007 CBC and Ordinance 787; Building(s) having a fire sprinkler system. 166. ON/OFF NOT LOOPED HYDRANT. A combination of on -site and off -site super fire hydrant (s) (6" x 4" x 2 ." x 2 .") will be located not less than 5 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 hydrant (s) in the system. 167. TANK PERMITS. Applicant and/or developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permit, from the Riverside County Fire Department and Environmental Health Department. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank (s) shall meet the following standards: Tank must be tested and labeled to UL2085 Protected Tank Standard. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. Current plan check deposit base fee is $217.00 for the first Tank, each additional tank $32.00. 168. RAPID HAZMAT BOX. Rapid Entry Hazardous Material Data and Key Storage Cabinet shall be installed on outside of the building. Plans showing location of cabinet(s) shall be submitted to the Riverside County Fire Department for approval prior to installation (Current plan check deposit base fee is $126.00. 169. GATE ENTRANCES. Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop with out obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 40 foot turning radius shall be used. 170. AUTOMATIC/MANUAL 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. Current plan check deposit base fee is $126.00. PRIOR TO BUILDING PERMIT ISSUANCE 171. BLDG PLAN CHECK $. Building plan check deposit fee of $307 to $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been reviewed by our office. 172. WATER PLANS. The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated M velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing. The system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." PRIOR TO BUILDING FINAL INSPECTION 173. 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. 174. SPRINKLER SYSTEM. Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire 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 the minimum of 25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check deposit base fee is $614.00 per riser) applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout (current monitoring plan check deposit base fee is $192.00) 175. EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A-1013C and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to center above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 41 Section V Building and Safety Conditions of Approval m Prior to Building Permits 176. Codes. Plans shall be designed to the provisions of the 2010 California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 177. Code Correction. All provisions for the disabled shall not comply with the provisions of Chapter 11 of the 2010 California Building code and "not" CALTRANS as noted on Site Plan Sheet 1 of 4. 178. Travel Paths. The use of Detectable Warning (truncated domes) shall be used where curb ramps or paths of travel cross a vehicular way. 179. Gates. Pedestrian gates on the accessible path of travel shall have hardware accessible and usable for the disabled. 180. Title 24. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 181. Plans. Three (3) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel and site accessibility features and details. 182. Lighting. All exterior lighting shall comply with Ordinance No. 2009-24, "Dark Sky Ordinance." 43 Section \!I =1 liq ll��; liq pi I I piq�� ipiq I 5 General Conditions 183. Potable Water and Sanitary Service. The project is proposing Eastern Municipal Water District (EMWD) potable water and sanitary service. Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within their service area. However, it is the responsibility of the developer to ensure that all requirements to obtain potable water service and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. 184. Hazardous Materials Management Division (HMMD). The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMD reserves the right to regulate the business in accordance with applicable County Ordinances. Prior to Building Permits 185. Environmental Health Clearance. Prior to the issuance of building permits, a clearance letter shall be issued from the County Environmental Health Department. 'k,