Loading...
PC13-133Resolution PC 13-133 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2012-056 FOR THE O'REILLY AUTO PARTS ON NEWPORT ROAD Whereas, on March 21, 2012, the applicant, PEI Architecture, filed a formal application with the City of Menifee for a plot plan to construct and operation a 6,214 sq. ft. O'Reilly Auto Parts store on 0.58 gross acres located approximately 400 feet west of Murrieta Road and immediately north of Newport Road within the City of Menifee; and, Whereas, on February 26, 2013, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2012-056, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 500 feet of the project boundaries, and to persons requesting public notice; and, Whereas, at the February 26, 2013 Planning Commission public hearing, the Commission found that: Consistency with the General Plan. The plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Commercial Retail (CR) in the Community Development Foundation. The proposed project meets the requirements of the Community Development: Commercial Retail General Plan land use designation. The General Plan Land Use Designation described above is compatible with the underlying zoning classification of Scenic Highway Commercial (C-P-S). The project is consistent with General Plan Land Use Policy LU 23.9, which requires that commercial development be designed to consider their surroundings and visually enhance, not degrade, the character of the surrounding area. (Al 3). The architecture and landscaping proposed by the project will visually enhance the shopping center and the surrounding area. Surrounding General Plan Land Use designations are Commercial Retail (CR) to the north, east and south and Medium Density Residential (MDR) to the west. The project is consistent with the surrounding commercial land uses. The project is compatible with the residential land uses to the west, which are separated from the project site by a 6-foot block wall and a landscaped buffer. The project includes landscaping and enhanced architecture and will be compatible with these residential land uses. The future proposed general plan land use designation for the property is Economic Development Corridor (EDC). The intent of this land use designation is to designate areas where a mixture of residential, commercial, office, industrial, entertainment, educational, and/or recreational uses, or other uses is planned. In general, areas designated as EDC are envisioned to develop primarily as nonresidential uses with residential uses playing a supporting role. Resolution No PC 13-133 PP 2012-056 February 26, 2013 The EDC designation is primarily intended for uses along Corridors, such as Newport Road, since land uses in this area have a higher likelihood to transition over time in comparison to other areas of the City. The project is consistent with the EDC designation, because it provides commercial uses which will be supported by nearby residential uses and it further develops the Newport Road as a major commercial corridor within the City. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and; therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the State housing element law. The City of Menifee has two active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with the Riverside County Ordinance 810.2 and Ordinance No. 663.10 as adopted by the City of Menifee. As such, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Scenic Highway Commercial (C-P-S) as defined in Ordinance No. 348 The proposed project is an allowable use (i.e., "automobile parts and supply stores" as listed in the zoning text) with the approval of a plot plan according to Ordinance No. 348. The project is also consistent with the development standards of the C-P-S zone. Refer to the table below which describes the project in relation to the required development standards: Project -related Develo ment Standards Development Standard Development Standard Proposed Project Consistency Category of the C-P-S Zone Determination Height 50' 21'-4" Consistent Minimum lot N/A N/A Consistent area Setback N/A* N/A requirements Consistent Roof- All roof -mounted The roof -mounted mounted equipment shall be equipment will be Consistent equipment screened from the screened from ground - round elevation view to level view by the Resolution No PC 13-133 PP 2012-056 February 26, 2013 Project -related Develo ment Standards Development Standard Development Standard Proposed Project Consistency Category of the C-P-S Zone Determination a minimum sight proposed parapet walls distance of 1,320 feet. as required under the conditions of approval and as shown on the proposed elevations. There are no yard requirements for buildings which do not exceed 35 feet in height. The proposed signs affixed to the building are consistent with the development standards for on -site advertising specified within Ordinance No. 348, Section 19.4 as shown in the table below: Sign Plan Develo ment Standards Development Development Standard proposed Sign Consistency Standard of Ord. No. 348, Category Section 19.4 b program Determination Proposed front sign surface area: One (1) 3' by 20'-9" "O'Reilly Auto Parts" sign (62.25 sq. ft.) Surface area shall not Surface are of side exceed 10% of front face Consistent face: of building 19'-4" (H) by 101'-4" (W) = 1,959 sq. ft. Percentage of Coverage: 3.2% Proposed front sign surface area: Size of Sign One (1) 3' by 20'-9" "O'Reilly Auto Parts" sign (62.25 sq. ft.) Surface area shall not Surface are of side exceed 10% of side face face: Consistent of building 19'-4" (H) by 61'-4" (W) 1,186 sq. ft. Percentage of Coverage: 5.2% Surface area shall not exceed 5% of rear face No rear sign proposed. Consistent of building In addition, the project is consistent with parking space requirements and parking lot landscaping design layout requirements of Ordinance No. 348, Section 18.12. Resolution No PC 13-133 PP 2012-056 February 26, 2013 Surrounding properties to the north and east within the center and the property to the south are zoned Scenic Highway Commercial (C-P-S). To the west are properties zoned One Family Dwellings (R-1). These classifications are compatible with the Scenic Highway Commercial (C-P-S) zone of the project site. 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. There are existing residences to the west of the project site. The project is compatible with these residential land uses, which are currently separated from the project site by a 6-foot block wall and a landscaped buffer of varying depth (10- to 40-foot-wide). Currently, this landscaped buffer contains only two trees and ruderal vegetation. This planter is proposed to be landscaped with more sufficiently dense landscaping (including 11 trees, climbing vines, and shrubs). In addition, the trash enclosure will be moved from the northwest boundary of this parcel to the southeast side of the proposed building, where it will be screened from these neighboring residences. Therefore, the project includes landscaping and sufficient buffering, in addition to enhanced architecture, and will be compatible with these residential land uses. Immediately to the north and east are similar retail commercial establishments within the existing Stater Bros. Shopping Center. The proposed project has incorporated similar architectural design features compared to the remainder of the center. In addition, the proposed landscaping plans have incorporated a plant palette which includes many of the same plant species as the recently approved Del Taco to the east (within the same center). There is sufficient parking for the use and within the overall center. Reciprocal access agreements are in place for access throughout the shopping center. The proposed site plan also improves pedestrian connectivity throughout the center. Lastly, the Walgreens Pharmacy to the south is separated from the project site by Newport Road which includes seven (7) lanes of roadway and a median and, thus, is not expected to be impacted by the proposed project. The proposed project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates enhanced architecture and landscaping which will improve the area, particularly the Stater Bros. Shopping Center. The proposed project was determined to be categorically exempt pursuant to CEQA and CEQA Guidelines. Environmental impacts resulting from the project have been determined to be less than significant. Therefore, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Resolution No PC 13-133 PP 2012-056 February 26, 2013 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed use has been determined to be Categorically Exempt (Class 3 — "New Construction or Conversion of Small Structures") under the California Environmental Quality Act (CEQA) and CEQA Guidelines, because it is within an urbanized area and includes one (1) commercial building not exceeding 10,000 sq. ft. The proposed project includes hazardous materials typical of an auto parts retail supplier (for example, radiator fluids, solvents, oils, and antifreeze). They are also a repository of used hazardous materials (for example, used batteries and oil). Prior to occupancy permits, the facility will require the approval of a Business Emergency Plan (BEP) from the Riverside County Department of Environmental Health (DEH) for the storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. The business must provide a California Accidental Release Plan (Cal ARP) to the Hazardous Materials Management Division of DEH if the business handles acutely hazardous materials or extremely hazardous substances over the threshold planning quantity. The Cal ARP would be adhered to before any approval for occupancy permits is granted. As such, specific procedures have been included in the conditions of approval of this project that will ensure safe storage which will minimize the potential for spills and allow for efficient response to control any spills, if they should occur. Provisions are also included to ensure worker safety during the normal operation of the business. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). In addition, necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Plot Plan No. 2012-056, 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 February 26, 2013. Resolution No PC 13-133 PP 2012-056 February 26, 2013 PASSED, APPROVED AND ADOPTENTHIS 26t' DAY OF FEBRUARY 2013. Liesemeyer, C ATTEST: J nnifer Allen, Planning Commission Secretary Approved as to form: Mv,15A ; I_ ENIFE Scott A. Mann Mayor Nallace W. Edgerton Deputy Mayor John V. Denver Councilmember Thomas Fuhrman Councilmember Greg August Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 95i•679.3843 mv.cityofinenifee. us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC13-133 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 26`h day of February, 2013 by the following vote: Ayes: Liesemeyer, Matelko, Pica. Sobek Noes: None Absent: Thomas Abstain: None J nnifer Allen, Planning Commission Secretary EXHIBIT "1" Conditions of Approval for Plot Plan No. 2012-056 "O'Reilly Auto Parts" Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Page 1 of 40 Section I: Conditions Applicable to all Departments Page 2 of 40 General Conditions Description. Planning Application No. 2012-056 (Plot Plan) proposes a plot plan for the establishment of a 6,214 sq. ft. freestanding building for the sale of automobile parts and supplies within a 0.58-acre site within an existing shopping center (i.e., Stater Bros. Shopping Center). The existing shopping center was entitled under Riverside County Plot Plan No. 10666 in 1990. The project also proposes the removal of eight existing parking spaces along the northern portion of the parcel and the construction of seven (7) new parking spaces (including two (2) ADA accessible spaces). The project proposes to utilize thirty-five (35) existing parking spaces (for a total of forty-two (42) spaces). No fencing or walls are proposed as part of this project. The hours of operation, including loading, unloading, and deliveries, shall be limited to 7:00 a.m. to 10:00 p.m. seven days a week. The project also includes approval of a sign program. The sign program includes the following signs: a. Two (2) "O'Reilly Auto Parts" internally illuminated channel letter signs on the south and east elevations. The sign dimensions for each elevation are 20'-9" x 3' with a surface area of 62.25 sq. ft. The project site is located north of Newport Road and west of Murrieta Road. APN: 339-200-084. 2. Indemnification. The permitee shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the permitee's performance or failure to perform under this Plot Plan or the City's approval thereof, or from any proceedings against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Plot Plan No. 2012-056 (2012-056 PP) and any approval hereunder. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2012-056 shall be henceforth defined as follows: Permitee, Applicant, Project Permitee(s), Project Developer(s) shall all mean the Permitee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2012-056, dated 1 /2/13. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2012-056, dated 1 /2/13. Page 3 of 40 APPROVED EXHIBIT B = Elevations for Plot Plan No. 2012-056, dated 1 /2/13. APPROVED EXHIBIT M = (Color) Elevations for Plot Plan No. 2012-056, dated 6/7/12. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2012-056, dated 1 /2/13. APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2012-056, dated 1/2/13. APPROVED EXHIBIT S = Signage for Plot Plan No. 2012-056, dated 1 /2113. 4. 90 Days. The permitee has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permitee 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 permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Page 4 of 40 Code. For more information regarding business registration, contact the City of Menifee. 8. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Page 5 of 40 Section II: Planninq Conditions of Approval Page 6 of 40 General Conditions 9. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, M, C, G, L and S unless otherwise amended by these conditions of approval. 10.Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 11. Colors and Materials. Building colors shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 12. Parking. Based on the Ordinance 348, Section 18.12 parking for general retail uses, including, but not limited to, neighborhood, community and regional shopping centers, is calculated based on the following ratios: 5'/2 spaces per 1,000 square feet of net leasable floor area. The minimum number of required parking spaces for the general retail use is 35. In addition, for projects requiring 26 to 50 total parking spaces, a minimum of two (2) accessible parking spaces is required. The site will provide a total of 42 parking spaces including the two (2) required accessible spaces. A minimum of 42 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of two (2) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches Page 7 of 40 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. Bicycle Racks: Bicycle racks with a minimum of two (2) spaces shall be provided in convenient locations to facilitate bicycle access to the project area as shown on APPROVED EXHIBIT A. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Planning Department approval, and shall be installed in accordance with those plans. Loading: One loading space will be provided. 13. Signage. 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 other than that shown on APPROVED EXHIBIT S, which includes two (2) "O'Reilly Auto Parts" internally illuminated channel letter signs on the south and east elevations. The sign dimensions for each elevation are 20'-9" x 3' with a surface area of 62.25 sq. ft. Prior to the installation of any additional on -site advertising display or structure, the permitee shall submit a plot plan application for signage, including applicable deposit based fees, to the City of Menifee Planning Department for review and approval. 14. 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. 15. Reclaimed Water. The permitee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 16. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 17. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive Page 8 of 40 land use. In the event noise exceeds this standard, the permitee or the permitee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 18. Noise Monitoring Reports. The permitee may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permitee or the permitee's successor -in -interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permitee or the permitee's successor -in - interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 19. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Planning Department. 20. Hours of Construction. Construction activities shall be restricted to the hours of 6:30 am to 7:00 pm Monday through Friday, 8:00 am to 5 pm on Saturdays, and are prohibited on Sundays and federal holidays. 21. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: • All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM,oand PM2.5fugitive dust emissions by approximately 61%. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.e fugitive dust haul road emissions by approximately 44%. 22. 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. Page 9 of 40 Archaeology 23. 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 the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. 24. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Pechanga tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreement. Landscaping 25.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). Page 10 of 40 26. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Planning Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 27. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. Fees 28. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671, or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 29. Fugitive Dust Control. The permitee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permitee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10-percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; Page 11 of 40 e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and 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. Page 12 of 40 Archaeology 30. 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 the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. 31. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). 1. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Pechanga tribal representative(s) and the Community Development Director to discuss the significance of the find. 2. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. 4. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreement. Paleontology 32. Paleontological Resources. According to the County's General Plan, this site has been mapped as having a "Low Potential" for paleontological resources. This category encompasses lands for which previous field surveys and documentation demonstrates a low potential for containing significant paleontological resources subject to adverse impacts. As such, this project is not Page 13 of 40 anticipated to require any direct mitigation for paleontological resources. However, should fossil remains be encountered during site development: 1. All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2. The owner of the property shall be immediately notified of the fossil discovery who will in turn immediately notify the County Geologist of the discovery. 3. The applicant shall retain a qualified paleontologist approved by the County of Riverside. 4. The paleontologist shall determine the significance of the encountered fossil remains. 5. Paleontological monitoring of earthmoving activities will continue thereafter on an as -needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 6. If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 7. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *Per the County of Riverside "SABER Policy'; paleontological fossils found in the County of Riverside should, by preference, be directed to the Western Science Center in the City of Hemet. 8. The property owner and/or applicant on whose land the paleontological fossils are discovered shall provide appropriate funding for monitoring, reporting, delivery and curating the fossils at the institution where the fossils will be placed, and will provide confirmation to the County that such funding has been paid to the institution." Fees 33. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permitee shall comply with the provisions of Ordinance No. 663, which generally Page 14 of 40 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 0.58 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 mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 34. Fees. Prior to the issuance of grading permits for 2012-056 PP, the Planning Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 35. Submit Building Plans. Prior to the issuance of a building permit, the permitee shall submit building plans with the City of Menifee Building and Safety Department for building permits. The building plans shall be in substantial conformance with Exhibit B. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2010 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Automatic Fire Sprinkler System plans will be a separate submittal to the Riverside County Fire Department. 4. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 5. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky Ordinance". All exterior lighting shall fall within current commercial standards. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 36. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 37. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. Page 15 of 40 38. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site. Lighting fixtures shall be decorative. Shoe box type lighting will not be allowed. Lighting shall be designed to define the vehicular and pedestrian circulation patterns and ensure safe pedestrian movement. The types of lighting fixtures used shall be subject to Planning Department approval. 39. 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. 40. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. 41. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a security plan for the site. Pursuant to correspondence dated April 4, 2012 from the Riverside County Sherriff's Department, in addition to the common burglary/security alarm system that O'Reilly Auto Parts installs in their businesses, they shall also install exterior cameras to monitor all parking stalls surrounding the exterior of this building. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. Security cameras shall be installed in the interior of this business that records the shopping aisles as well as the counters and cash registers. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. The Sherriff's Department and/or Planning Department shall verify that the security system has been installed prior to final occupancy. Paleontology 42. Paleontological Monitoring Report. Prior to building permit issuance and/or final on grading, the permitee shall submit to the Planning Department, two (2) copies of the Paleontology Monitoring Report, only if a Paleontological Monitoring Report is necessary pursuant to Condition of Approval No. 0, above. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. A deposit for the review of the report will be required. Landscaping 43. 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 Page 16 of 40 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. 44. Landscape and Irrigation Plans. The permitee 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. Shading calculations is based on tree canopy over the parking spaces. Tree canopy after 15 years growth shading the parking spaces only. For this conceptual the shading requirements will be accepted. On working drawings, the shading of 50% as you have shown is not acceptable as the trees are planted 4' (typical) into the planter. Please use AutoCAD to calculate the shade in the parking area for the working drawings. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Page 17 of 40 Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. 45. Curb and Walkway on End Stall Planters. A six -inch -high curb with a twelve - 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. 46. Crime Prevention through Environmental Design Guidelines. Pursuant to correspondence dated April 4, 2012 from the Riverside County Sherriff's Department, all plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 47. 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 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 48. 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 permitee. 49. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 50. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 51. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 52. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 53. Waste Management Clearance. Prior to issuance of an occupancy permit, the permitee shall provide a clearance letter from Riverside County Waste Management verifying compliance with the approved WRP. Page 18 of 40 54. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permitee provides to the Department of Building and Safety and the Planning Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 55.Trash Enclosures. One (1) trash enclosure which is adequate to enclose a minimum of two (2) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block with landscaping screening, roof covering 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. 56. Lighting. Exterior lighting shall be consistent with the approved building plans. 57. Condition Compliance. The Planning Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 58. Security Systems. The Riverside County Sheriff Department and/or Planning Department shall verify that the security system has been installed in compliance with the Riverside County Sherriff Department's requirements prior to final occupancy. 59. Final Planning Inspection. The permitee shall obtain final occupancy sign -off from the Planning Division 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, including compliance with the approved elevations, site plan, parking lot layout, etc. The permitee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. Landscaping 60. Soil Management Plan The permitee shall submit a Soil Management Plan (Report) to the Planning Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 61. Landscape/Irrigation Install Inspection The permitee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Page 19 of 40 Landscape Completion Installation Inspection with the Planning Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post - Establishment Inspection will also be required. The Planning Department will require a deposit in order to conduct the landscape inspections. 62. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite and landscaping and irrigation within public right-of-way and along both sides of the driveway on Newport Road, 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. 63. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. Fees 64.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permitee 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. 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. 65. 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 permitee 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. Page 20 of 40 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. 66. 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 permitee. 67. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection, whichever comes first, the permitee shall submit verification that the Stephen's Kangaroo Rat fees have been paid for the project. Page 21 of 40 Section III: Engineerinq/Trans ►rtation/ Gradinq Conditions of Approval Page 22 of 40 The Engineering Department recommends the following additional conditions of approval for this project. Unless stated otherwise, all conditions shall be completed by the applicant at no cost to the City or any other Government Agency: General Conditions 68. 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. Circulation and Dedications 69. 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. 70. Off -Site Parking. This project shall not have off -site parking on the street. 71. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 72. TUMF Fee Credit — This project is not eligible for fee credit against Development Impact Fees or other fees received by the City. Any credit of transportation Uniform Mitigation Fees is governed by WRCOG. 73. Driveways — The following designations shall describe the locations of the project driveway access points: Two (2) Southerly Driveways — Existing driveways on Newport Road just west and east of the project site are designated as the main entrance. East Driveway — Existing driveway on Murrieta Road between the Stater Bros. Market and Del Taco. Existing driveway at the northeast property line - It serves as Stater Bros. Delivery driveway. 74. Development Access — The existing most westerly access driveway on Newport Road shall be left in, right in & right out. The existing most easterly access driveway on Newport Road is right in / right out "Only" lanes. The existing easterly driveway access driveway between Stater Bros. and Del Taco has Left in, Right in, Left out and right out lanes. The existing most north east driveway is Right in / Left out and Right out lanes. Page 23 of 40 75. Paving — Parking Lot Paving shall conform to Ordinance 461. The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 76. Road Improvements —The parkway areas behind the street curb within the right- of-way of Newport Road, not including the sidewalk and handicap ramps shall be landscaped and irrigated and maintained by the L&LMD in accordance with their requirements. 77. 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. 78. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28 day minimum strength of 3,250 psi. 79. 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. 80. 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. 81. 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. 82. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the approval by Eastern Municipal Water District and the Riverside County Fire Department. 83. 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. Page 24 of 40 84. ADA Compliance — ADA path of travel shall be designed at the most convenient access and the shortest distance to the building in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. Grading and Drainage 85. 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. 86. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 87. 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 pre -grading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 88. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 89. Import/Export - In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the City Engineering Department. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering department prior to grading operations. Page 25 of 40 90.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 91. 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. 92. 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 93. 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. 94. Design Criteria: a. On -Site Parking — Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. 5% grade is the maximum slope for any parking area. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into the drainage system underground or outlet with appropriate velocity reducers into BMP devises. c. Slopes - All manufactured slopes exceeding 3' shall have some type of drainage swale at the toe of the slope to collect any runoff. d. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%. Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 95. 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. Page 26 of 40 96. 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. 97. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 98. Perpetual Drainage Patterns - The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, 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. 99.100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. 100. Flood Hazard Report. 101. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. Prior to Issuance of Grading Permit Circulation and Dedications 102. 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. 103. 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. 104. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Page 27 of 40 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. 105. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 106. Ordinances 461 - With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Engineering Department. Grading and Drainage 107. General Grading Introduction - Improvements such as grading, filling, over excavation and re -compaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 108. No Building Permit without Grading Permit - Prior to issuance of any building permit, the property applicant shall obtain a grading permit and/or approval to construct from the City Engineering Department. 109. Plan Submittals - Two (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 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. 110. 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 Page 28 of 40 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. 111. 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 NPDES and WQMP 112. NPDES/SWPPP Requirement - This project is 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. CAS000002) for the National Pollutant Discharge Elimination System Construction General Permit. 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. Once accepted by the City, the PRDs shall be uploaded to the SMARTS system and a copy of the WDID letter from the Board shall be submitted to the City. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order 113. WQMP - This development is located within the San Jacinto River watershed, and all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP 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, Storm Water Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City Engineering Department prior to issuance of building or grading permits. Page 29 of 40 Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. A preliminary WQMP was not submitted with the land -use application; however, the site grading plan indicates proposed earthen swales that may be used for post construction BMPs that appear to be adequate for the treatment of the site. Therefore no Preliminary WQMP will be required for this project. Additional BMP requirements to the site grading plan will be required during the Final WQMP approval. The following revisions may be required: a. Details of post construction BMPs. b. An infiltration test will be required for infiltration treatment. Infiltration calculations shall be per the Riverside County Stormwater Quality BMP Handbook. c. BMP design flow calculations shall be included in Final WQMP. Additional BMPs may be required if earth swales (modified on final plan to bio- swale) shown on site grading plan do not treat the required BMP volume or flow rate. d. Earth swale shall be considered a bio-swale to treat the BMP flows. Earth swale shall be revised to meet the requirements of a bio-swale per Riverside County Flood Control BMP handbook. e. Existing parking lot to be removed and replaced shall be considered routine maintenance and no water quality treatment will be required. The project shall incorporate structural LID practices for the site in consideration of the site's land use, hydrology, soil type, climate and rainfall patterns. Frequently used LID practices include: i. Bioretention cells, also known as rain gardens ii. Cisterns and rain barrels iii. Green roofs iv. Pervious concrete, also called "porous pavement", similar to Permeable paving v. Grassed swales, also known as bioswales. vi. On -site infiltration WQMP Report shall address retail auto store BMPs such as hazardous waste disposal, recycling procedures, spill prevention and cleanup and other BMPs as required. Outdoor storage areas, trash enclosure, recycling areas and all other outdoor activities provided shall be shown on the WQMP Site Plan. 114. Trash enclosures — Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: a. Trash enclosure shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b. Trash enclosure shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6' high. Page 30 of 40 c. Trash Enclosure shall have a concrete slab floor. The concrete slab shall be graded to contain any spill within the enclosure or drain the enclosure to a landscaped area. d. All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. e. The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. f. Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. g. 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: i. 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. ii. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. iii. 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. 115. BMP Facilities Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMP's in perpetuity. This may consist of mechanism to assess individual benefitting property owners or other means approved by the City. The site's treatment control BMP's must be shown on the project's improvement plans — either the street plans, grading plans, or landscape plans. The type of improvement plans that will show the BMP's will depend on the selected maintenance entity. 116. 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. Page 31 of 40 Prior to Issuance of Building Permit Grading and Drainage 117. 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. 118. 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. 119. 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. 120. 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. 121. Financing Mechanism - The applicant/developer or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, payment of DIF, private loans or grants or other public and/or private funding mechanism(s). Evidence of financing the developer's share of the ultimate improvements shall be demonstrated to the satisfaction of the City Manager prior to issuance of a building permit. NPDES And WQMP 122. 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 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 Page 32 of 40 engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. . 123. 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 124. 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). 125. 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. 126. Completion of LLMD Annexation - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals, street lights, common landscape and BMP's within public road rights -of -way. 127. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Grading and Drainage 128. 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. 129. 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. 130. 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. 131. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to Page 33 of 40 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 fen pdes@co.rivers ida.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. 132. 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. 133. 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. 134. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. Page 34 of 40 Section IV: Riverside County Fire Department Conditions of Approval Page 35 of 40 General Conditions 135. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (12-MENI-PP-056) is required on all correspondence. Additional information is available at our website: www.rvcfire.org or go to the link marked "Ordinance 787". If any of the conditions are unclear, difficult to understand, or you would like to setup a meeting, please feel free to contact Dan Wagner, Assistant Fire Marshall, at (951) 955-4777 in order to better assist you in the approval of this project. Questions should be directed to the Riverside County Fire Department, Firs Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 136. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 137. 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 2010 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 CFC Chapter 24 of the 2010 Edition and NFPA 13, 2010 Edition guidelines by a licensed Fire Protection Engineer (or other consultant approved by this jurisdiction). (Current plan check deposit base fee is $348.00) 138. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 139. Minimum Fire (Water) Flow. Minimum required fire flow shall be 1500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250 ' maximum distance from any point on the street or road frontage to hydrant. 140. Super Fire Hydrants. Super fire hydrants (6" x 4" x 2-1/2"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. Page 36 of 40 Prior to Issuance of Building Permit 141. Plan Check Fee. Building plan check deposit based fee of $1,056.00 made payable to the Riverside County Fire Department, in the form of a check or money order only, must be submitted to the Fire Department at time plans are submitted to our office(s). Permit Fire Department "Submittal Form", available on line at www.rvefire.org or by contacting our office, must be completed along with payment. . 142. Water Plans. Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. Prior to Final Inspection 143. Designated 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. 144. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010 edition (13D and 13R system are not allowed) in all buildings. 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. Certified Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.V.'s and all control valves. Plans must be submitted to the Fire Department with our "Plan Review Form" for approval prior to installation. (Current monitoring plan check deposit base fee is $192.00). 145. Extinguishers — Minimum. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Dept. for proper placement of equipment prior to installation. Page 37 of 40 Section VI: Riverside Coun Environmental Health Conditions of Approval Page 38 of 40 General Conditions 146. General Comments. This project is proposing Eastern Municipal Water District (EMWD) water and sewer 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. It is the responsibility of the permitee to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. Prior to Building Final/Occupancy Conditions 147. Hazardous Materials Management Branch (HMMB). Prior to the Final of a Building Permit, the facility will require a Business Emergency Plan (BEP) for the storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. The business must provide a California Accidental Release Plan (Cal ARP) to the Hazardous Materials Management Division if the business handles acutely hazardous materials or extremely hazardous substances over the threshold planning quantity. The Cal ARP guideline must be adhered to before approval can be granted. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 766-6524 to obtain information regarding any additional HazMat requirements. Page 39 of 40