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PC13-138RESOLUTION NO. PC 13-138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 2012-167 FOR THE SECOND ONE-YEAR EXTENSION OF TIME AND EXTENSION OF TIME NO. 2013-193 FOR THE THIRD ONE-YEAR EXTENSION OF TIME FOR PLOT PLAN NO. 2009-052 FOR THE MENIFEE LAKES PLAZA SHOPPING CENTER. Whereas, on November 10, 2009, the Planning Commission approved Plot Plan (Plot Plan No. 2009-052) and Conditional Use Permits (CUP 3487, CUP 2009-084 and CUP 2009-085) for the construction and operation of the Menifee Lakes Plaza Shopping Center and adopted a Mitigated Negative Declaration (EA40567) for the project; and Whereas, Ordinance 348, Section 18.30, g provides for extensions on the Plot Plan if valid reason exists for the permittee not using the permit within the required period of time; and Whereas, on October 16, 2012, the applicant, MDMG Inc., filed a formal application with the City of Menifee for Extension of Time No. 2012-167 for the second one-year extension of time for Plot Plan No. 2009-052 for the Menifee Lakes Shopping Center located at the northwest corner of Newport and Antelope Road in the City of Menifee; and Whereas, on September 20, 2013, the applicant, MDMG Inc., filed a formal application with the City of Menifee for Extension of Time No. 2013-193 for the third one- year extension of time for Plot Plan No. 2009-052 for the Menifee Lakes Shopping Center located at the northwest corner of Newport and Antelope Road in the City of Menifee; and Whereas, on September 10, 2013 and October 8, 2013, the Planning Commission held duly noticed public hearings on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Extension of Time No. 2012-167 which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and Whereas, on October 8, 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 Extension of Time No. 2013-193 which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, at the October 8, 2013 Planning Commission public hearing, the Commission found that: 1. A valid reason exists for the applicant or his/her successor -in -interest for not using the Plot Plan within the required period of time. A valid reason exists for the applicant not using the Plot Plan in the required period of time. Economic factors relevant to development in the City and Inland Empire region including vacancy rates, the availability of financing and market demand has resulted in the inability to construct the project within the two-year time frame allotted by the ordinance. The Inland Empire's regional economy was Resolution No PC 13-138 2012-167 EOT, 2013-193 EOT October 8, 2013 hit harder in the recent downturn than the nation as a whole. Further, the region's economic recovery has remained generally tepid over the past twelve (12) months. Due to the current economic climate, the developer has been unable to secure tenants and financing to construct the project. The overall economic downturn affecting the City and Inland Empire is a valid reason for the developer to have not "used" the Plot Plan or have started substantial construction of the Plot Plan in the two-year time period specified by the conditions of approval. 2. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. All impacts related to the extensions of time for the Plot Plan application were analyzed in an Environmental Assessment/Mitigated Negative Declaration prepared for the original Plot Plan application (2009-052 PP) and original Conditional Use Permits (CUP 3487, CUP 2009-084 and CUP 2009-085), which was adopted by the City of Menifee Planning Commission. No new environmental impacts have been identified or are anticipated. No further environmental review is required at this time. The previously prepared MND is still accurate and applicable for this approval. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings, including the public necessity and convenience finding, set out above are true and correct. 2. Extension of Time No. 2012-167 and Extension of Time No. 2013-193 are approved subject to the Conditions of Approval as set forth in Exhibit "T' to this Resolution and as approved by the Planning Commission on October 8, 2013. 3. Development and use of certain components of the Plot Plan are subject to approval of separate Conditional Use Permits. Resolution No PC 13 -13 8 2012-167 EOT, 2013-193 EOT October 8, 2013 PASSED, APPROVED AND ADOPTED THIS 8" DAY OF OCTOBER 2013. Liesemeyer, Ploh(ng Commission ATTEST: Je fifer Ilen, Nanning Commission Secretary Approved as to form: Julie°Hayward Biggs, ty Attorney Scott A. Mann Mayor Wallace 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 951.679.3843 www.cityofinenifeems 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. PC13-138 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 8th day of October, 2013 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None Jennife,P'Allen, Planning Commission Secretary EXHIBIT 91" Conditions of Approval for Plot Plan No. 2009-052 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 Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2009-052 1 of 46 (Second Extension of Time No. 2012-167) Section I: Conditions Applicable to all Departments Conditions of Approval for Plot Plan No. 2009-052 2 of 46 (Second Extension of Time No. 2012-167) General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2009-052 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-052, , dated July 3, 2013. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2009-052, Amended No. 1, dated March 4, 2009. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2009-052, Amended No. 1, dated March 4, 2009. APPROVED EXHIBIT L = Landscaping Plans for Plot Plan No. 2009-052, Amended No. 1, dated July 14, 2008. APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No. 2009-052, Amended No. 1, dated March 4, 2009. APPROVED EXHIBIT S = Sign Program for Plot Plan No. 2009-052, Amended No. 1, dated August 26, 2009. 2. Project Description Plot Plan No. 2009-052. The use hereby permitted is for a commercial shopping center with three (3) major stores ranging in size from 15,000 sq. ft. to 30,000 sq. ft., one (1) 6,500 sq. ft. building for shops, nine (9) buildings for future retail use ranging in size from 3,850 sq. ft. to 11,200 sq. ft., one (1) gas service station including a car wash, tube center, gas canopy and a convenience store, and one (1) four-story 48,500 sq. ft. hotel with 70 rooms. Variance No. 1782 allows for additional signage. The following signs are allowed: one (1) freeway pylon sign, one (1) pylon sign (located on Newport Road), two (2) gas station monument signs and (4) tenant monument signs (one sign at each entrance to the project). In addition, the freeway pylon sign can have a maximum height of fifty-five (55) feet. The variance also allows for the surface area of the freeway pylon sign to be a maximum of 650 square feet. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body Conditions of Approval for Plot Plan No. 2009-052 3 of 46 (Second Extension of Time No. 2012-167) including actions approved by the voters of the City, concerning Environmental Assessment No. 40567, Plot Plan No. 2009-052, Conditional Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance No. 1782. 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (attached). 7. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 8. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void, except as sooner provided under a conditional use permit or other specific approval. 9. Business License. Every person conducting a business within the City of Menifee, as defined in Ordinance No. 857, shall obtain a business license. For more information regarding business registration, contact the City Clerk. 10. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this Conditions of Approval for Plot Plan No. 2009-052 4 of 46 (Second Extension of Time No. 2012-167) 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. Conditions of Approval for Plot Plan No. 2009-052 5 of 46 (Second Extension of Time No. 2012-167) Section II: Planninq Conditions of A General Conditions 3roval Comply with County Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 1635, submitted for this project (PM34318 & CUP03487), was prepared by Global Geo-Engineering, Inc. and is entitled: "Geotechnical Evaluation and Additional Investigation, Proposed Commercial Development, Northwest Corner of Antelope Road and Newport Road, Conditions of Approval for Plot Plan No. 2009-052 6 of 46 (Second Extension of Time No. 2012-167) Menifee Area, Riverside County, California" dated June 21, 2005. In addition (GEO) No. 1635 included two earlier reports prepared for this site, one prepared by Geocon Inland Empire, Inc. entitled "Menifee Retail Center, Antelope Road and Newport Road, Menifee Area, Riverside County, California, Geotechnical Investigation" dated September 30, 2004 and the other entitled "Final Compaction Report, Parcel Map 21838, Parcel 17 (Product Area 1-1), Menifee Village, County of Riverside, California" dated October 9, 1987. GEO No. 1635 concluded: 1) The site is likely to be subjected to moderate to severe ground shaking during the expected life span of the project. This is considered the primary geologic hazard for this site. The nearest active fault is the Elsinore Fault Zone. The project site is in seismic Zone 4 as defined in the California (Uniform) Building Code. 2) Liquefaction potential resulting from the effects of strong ground shaking are considered to be negligible due to the fact that the upper soils encountered in the exploratory borings exhibited relatively high in place densities and groundwater was not encountered in the borings. 3) The on -site soils have a low expansion potential. 4) The onsite soils have a relatively high corrosion potential for buried metals, but are non -corrosive to Portland concrete cement. 5) The onsite surficial soils consist of previously placed compacted fill considered to be suitable for support of the proposed structures. 6) Other geologic hazards including fault rupture, subsidence, landslides and tsunamis/seiche are considered low or negligible on this site. GEO No. 1635 recommended: 1) The existing surficially degraded fills soils should be processed to the depth of firm, moist previously placed engineered fill prior to placing any additional fill. 2) The proposed structures may be supported on shallow spread footings founded in existing or newly placed compacted fill. Where grades are proposed to be altered from the existing elevations, footing areas should be over -excavated to provide at least one foot of compacted fill below the footing subgrades. 3) The on -site soils are considered acceptable for use as compacted fill provided they are cleaned of debris, vegetation and other organic matter and rocks greater than 8 inches in diameter. Conditions of Approval for Plot Plan No. 2009-052 7 of 46 (Second Extension of Time No. 2012-167) 4) Based on resistivity tests, Type II Portland cement is acceptable for all concrete elements in contact with the site soils. 5) Subdrains should be provided behind any retaining walls and should consist of 4-inch diameter schedule 40 PVC pipe, one cubic foot per linear foot gravel wrapped in a geotextile (Mirafi 140N or equivalent) and outlet into an approved drainage device. In addition, retaining wall backfills should consist of imported granular soils. 6) Native on site soils are acceptable for use as utility trench backfills if properly placed and compacted. 7) All new construction should be designed in accordance with the seismic parameters in the 2001 California Building Code for seismic zone 4. 8) The site should be properly sloped to direct water away from all structures GEO No. 1635 satisfies the requirement for a Geotechnical study for Planning/CEQA purposes. GEO No. 1635 is hereby accepted for Planning purposes. The project shall comply with the recommendations of the Geologic Report. Engineering and other Uniform Building Code parameters where not included, as a part of this review or approval and this approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. Comply with Ordinance. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable ordinances and State and Federal codes. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 3. Phases. Construction of this project may be done progressively in phases provided a plan is submitted with appropriate fees to the Planning Department and approved prior to issuance of any building permits. Phasing approval shall not apply to the requirements of any agency other than the Planning Department unless so indicated by the affected agency. 4. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 5. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT M. Conditions of Approval for Plot Plan No. 2009-052 8 of 46 (Second Extension of Time No. 2012-167) 6. Land Division Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside Ordinance No. 460, and any other pertinent ordinance. 7. Parking. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12. a.(2).b), General Retail Uses: 5.5 spaces per 1,000 sq. ft. of floor area. Hotel: 1 space per room AND 2 spaces for hotel manager Total Parking Required: 782 spaces Total Parking Provided: 783 spaces A minimum of 787 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Planning Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. A minimum of sixteen (16) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Loading Spaces: A minimum of fifteen (15) loading spaces shall be provided as shown on APPROVED EXHIBIT A. The loading spaces for major tenants shall be surfaced with six (6) inches of concrete over a suitable base and shall not be less than 10 feet wide by 35 feet long, with 14 feet vertical clearance. Conditions of Approval for Plot Plan No. 2009-052 9 of 46 (Second Extension of Time No. 2012-167) Bicycle Racks: Bicycle racks with a minimum of 24 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. 8. Loading Areas. Loading and/or unloading of goods/supplies for tenants within this shopping center shall occur in designated loading areas as shown on EXHIBIT A only. No loading or unloading is allowed in front of the stores or within drive aisles. Loading areas shall be kept free of debris and clean. 9. Signage. Signage for this project shall be limited to eight (8) freestanding signs as allowed by the variance. Any additional signage shall be approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. 10. Reclaimed Water. The permit holder shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site. 11. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 12. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute LEQ, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 13. Noise Monitoring Report. The permit holder may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee or the permittee's successor -in -interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee's successor -in - interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). Conditions of Approval for Plot Plan No. 2009-052 10 of 46 (Second Extension of Time No. 2012-167) 14. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided for the loading spaces located in the rear of Majors 1, 2 and 3. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than 15 minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 15. No Extended Stay. An extended stay hotel is not allowed subject to this approval. No building permits shall be issued for an extended type hotel. 16. No Outdoor Storage. No outdoor storage is allowed, including in the rear of the majors, shops and pads located along Interstate 215. 17. Greenhouse Gases. a. The project is required to incorporate enhanced energy efficiency standards to minimize energy consumption and compliance with Measure XVI. The project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a minimum of 14% or meet/exceed 2008 Title 24 minimum requirements. b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants, adhesives and solvents shall be utilized in the construction of this project. 18. Sidewalk. The sidewalk along Newport Road shall be kept in a usable condition throughout the life of the permit and shall match up with any future Caltrans improvements. 19. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating "The driver of a diesel - fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END- SMOG". ARCHEOLOGY 20. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall Conditions of Approval for Plot Plan No. 2009-052 11 of 46 (Second Extension of Time No. 2012-167) 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. 21. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. LANDSCAPING 22. 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 Building and Safety Department and the State air quality management authorities. 23. 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 prior to building permit final inspection. 24. Maintenance of Parks and Landscaping. All parks, 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: Conditions of Approval for Plot Plan No. 2009-052 12 of 46 (Second Extension of Time No. 2012-167) 25. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671. 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 26. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wined breaks at the windward sides of construction areas; Conditions of Approval for Plot Plan No. 2009-052 13 of 46 (Second Extension of Time No. 2012-167) k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 27. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan and E.A. No. 40567 which must be satisfied prior to the issuance of a grading permit. The Planning Director may require inspection or other monitoring to ensure such compliance. ARCHEOLOGY 28. Archeologist Retained. Prior to the issuance of grading permits, a qualified archaeologist shall be retained by the land divider for consultation and comment on the proposed grading with respect to potential impacts to unique archaeological resources. Should the archaeologist, after consultation with the appropriate Native American tribe, find the potential is high for impact to unique archaeological resources (cultural resources and sacred sites), a pre -grading meeting between the archaeologist, a Native Conditions of Approval for Plot Plan No. 2009-052 14 of 46 (Second Extension of Time No. 2012-167) American observer, and the excavation and grading contractor shall take place. During grading operations, when deemed necessary in the professional opinion of the retained archaeologist (and/or as determined by the Planning Director), the archaeologist, the archaeologist's on -site representative(s) and the Native American Observer shall actively monitor all project -related grading and construction and shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of unique archaeological resources. Prior to the issuance of grading permits, the NAME, ADDRESS and TELEPHONE NUMBER of the retained archaeologist shall be submitted to the Planning Department and the B&S Grading Division. If the retained archaeologist, after consultation with the appropriate Native American tribe, finds no potential for impacts to unique archaeological resources, a letter shall be submitted to the Planning Department certifying this finding by the retained qualified archaeologist. 29. Native American Monitoring. Tribal monitor(s) from the appropriate Native American Tribe(s) shall be required on -site during all ground disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a fully signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring and any necessary mitigation of the project, and which addresses the treatment of cultural resources, to the Planning Department and to the Department of Building and Safety. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Added at by Planning Commission at November 10, 2009 Planning Commission Meeting. FEES 30. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 16.35 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. 31. Processing Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees for Plot Plan No. Conditions of Approval for Plot Plan No. 2009-052 15 of 46 (Second Extension of Time No. 2012-167) 2009-052 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Issuance of Building Permit 32. Acoustical Report. The permittee shall have four (4) copies of a certified acoustical study performed by a professional acoustician prepared which outlines methods by which interior sound levels within the hotel will be maintained at no more than 45 db(A) and that airborne sound insulation methods will comply with Chapter 35 of the Uniform Building Code. The study shall be submitted to the Health Services Agency, Office of industrial Hygiene for review and comment (the permittee may be assessed review fees not to exceed the Agency's hourly rate) and shall forward the study along with any comments of the Health Service Agency and corrections to the Planning Department for approval. Approval of the report is required prior to building permit issuance for the hotel building. 33. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the General Plan. 34. 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. 35. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 36. Fencing. A fencing plan shall be submitted showing all wall and fence locations and typical views of all types of fences or walls proposed. This plan shall require anti -graffiti coatings on fences and walls, where applicable. 37. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this plot plan and E.A. No. 40567 which must be satisfied prior to the issuance of a building permit. The Planning Director may require inspection or other monitoring to ensure such compliance. 38. Material Board. The permittee shall submit three 4" x 4" color and finish samples of all distinct colors and surfaces for Planning Department approval. Coloration shall be compatible with the colors contained in Exhibit M. 39. Stamped Concrete. The developer shall submit plans for the stamped concrete areas as shown on Exhibit A for review and approval by the Planning Department. The plans shall indicate the design and materials to Conditions of Approval for Plot Plan No. 2009-052 16 of 46 (Second Extension of Time No. 2012-167) be used. The plans shall be in substantial conformance to Approved Exhibit A. 40. Legal Descriptions. Prior to the issuance of any building permit within a Planning Area of Specific Plan No. 158 (Menifee California Specific Plan), the first applicant, or their successor -in -interest, for a building permit within each Planning Area shall submit to the Planning Department correct legal descriptions for the Specific Plan Planning Area(s) within which the proposed project is located. 41. Lighting Plan. Prior to building permit issuance, the developer shall submit a lighting plan for the project site for review and approval by the Planning Department. The lighting plan shall include parking lot lighting, lighting along sidewalks within the shopping center and lighting affixed to the buildings. Lighting fixtures shall be architecturally enhanced and no shoe box lighting will be allowed within the project site. Added at by Planning Commission at November 10, 2009 Planning Commission Meeting. Approval of the lighting plan is required prior to building permit issuance. 42. Architecture. Prior to building permit issuance, revised elevations shall be provided to the Planning Department. The architecture for the site shall be revised to include additional enhancements and architectural articulation as approved by the Community Development Director. Added at by Planning Commission at November 10, 2009 Planning Commission Meeting. 43. Drive Aisle Configuration Between Pad 2 and Pad 3. The final design of the drive aisles and parking area between Pad 2 and Pad 3 shall be determined by the Engineering Department or as approved by the City Manager prior to issuance of the first building permit for the project. In addition, prior to the issuance of the first building permit, a final site plan shall be submitted showing the approved revised configuration. Added at by Planning Commission at November 10, 2009 Planning Commission Meeting. 44. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a security plan for the site. The security plan shall include a comprehensive security camera system that clearly depicts the parking field. The security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings that is accessible to law enforcement at all times of the day and night or other location as approved by the Sherriff's Department. This security camera system shall have a recording capacity to minimally save footage for the period of one month. The above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit the shopping center. It should be noted that high quality day/night vision LPR cameras are relatively inexpensive. The Sherriff's Department and/or Planning Department shall Conditions of Approval for Plot Plan No. 2009-052 17 of 46 (Second Extension of Time No. 2012-167) verify that the security system has been installed prior to final occupancy. Added per EOT 2 FEES 45. Fees. Prior to issuance of building permits, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 46. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 47. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. LANDSCAPING 48. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show landscaping within the previous driveway entrance area from Newport Road, which has been removed through review and approval of Extension of Time 2012-167, although not shown as a landscaped area on APPROVED EXHIBIT L. 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. Approval of landscaping plans is required prior to building permit issuance. 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 - Conditions of Approval for Plot Plan No. 2009-052 18 of 46 (Second Extension of Time No. 2012-167) line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Revised COA per EOT 2 49. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape deposit based fee account case and deposit the prevailing deposit amount to cover the pre -installation, installation, Six Month and One Year Landscape Inspections. The amount of hours for the pre -installation, installation, Six Month and One Year Landscape Inspections will be determined by the Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. Revised per EOT 2 Prior to Final Inspection 50. Roof -Mounted Equipment. Roof -mounted equipment shall be shielded from ground view and views from the adjacent Interstate 215 on -ramp to the west and southwest. Screening material shall be subject to Planning Department approval. 51. Trash Enclosures. Thirteen (13) trash enclosures which are adequate to enclose a minimum of twenty-six (26) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The trash enclosures shall be architecturally enhanced. The enclosures shall be a minimum of six (6) feet in height and shall be made with masonry block and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosures or as approved by the City. All recycling bins shall be labeled with the universal recycling Conditions of Approval for Plot Plan No. 2009-052 19 of 46 (Second Extension of Time No. 2012-167) symbol and with signage indicating to the users the type of material to be deposited in each bin. 52. Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 53. Condition Compliance. The Department of Building and Safety shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 54. Mitigation Monitoring. The permit holder shall prepare and submit a written report to the Planning Department demonstrating compliance with all remaining conditions of approval and mitigation measures of this permit and E.A. No. 40567. The Planning Director may require inspection or other monitoring to ensure such compliance. 55. Comply with Acoustical Study. The permit holder shall construct and design the project in compliance with the recommendations of an approved acoustical study, as reviewed and, as the case may be, modified by the Department of Environmental Health, Office of Industrial Hygiene and approved by the Planning Department. The permit holder may be required to submit to the Planning Department a written certification from a state licensed professional that the project was constructed in compliance with the recommendations of the approved acoustical study. The Planning Department may require further inspection by county staff to assure project compliance with this condition of approval. 56. Remove Outdoor Advertising. All existing outdoor advertising displays, signs or billboards shall be removed. 57. Pool Fencing. All swimming pools and spas shall be properly enclosed with minimum five (5) foot high fencing and self -latching gates as required by the state building code (Title 24), notwithstanding any other provisions of Ordinance No. 421 to the contrary. Commercial/Public Swimming pools and spas shall provide or access by physically -handicapped persons. 58. Stamped Concrete. Stamp concrete shall be installed as shown on APPROVED EXHIBIT A. 59. Outdoor Seating. Outdoor seating shall be provided as shown on Approved Exhibit A. 60. 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. Added per EOT 2 61. Final Planning Inspection. The permittee shall obtain final occupancy sign -off from the Planning Division for each building permit issued by Conditions of Approval for Plot Plan No. 2009-052 20 of 46 (Second Extension of Time No. 2012-167) 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. Added per EOT 2 LANDSCAPING 62. Soil Management Plan The permittee 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?" Added per EOT 2 63. Landscape Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance, both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. 64. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Ordinance No. 859 (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. 65. Curbs for Landscape Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. FEES 66. Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, 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 Conditions of Approval for Plot Plan No. 2009-052 21 of 46 (Second Extension of Time No. 2012-167) to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. 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 mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 67. Open Space Fee. Prior t o The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2009-052 is calculated to be 16.35 net acres. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 68. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Conditions of Approval for Plot Plan No. 2009-052 22 of 46 (Second Extension of Time No. 2012-167) Section III: Enqineerinq/Transportation/ Gradinq Conditions of A rova I Conditions of Approval for Plot Plan No. 2009-052 23 of 46 (Second Extension of Time No. 2012-167) General Conditions 69. Grading Requirements. Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included Building and Safety Department Grading Division conditions of approval. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules, and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Building and Safety Department. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 70. Slopes. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 71. Drainage Grade. Minimum drainage grade shall be 1% except on portland cement concrete where .35% shall be the minimum. 72. Slope Setbacks. Observe slope setbacks from buildings & property lines per the Uniform Building Code as amended by Ordinance 457. 73. Parking Paving. All off-street parking areas which are conditioned to be paved shall conform to Ordinance 457 base and paving design and inspection requirements. 74. Paving Inspections. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 75. Traffic Study. The Transportation Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County -approved guidelines. We generally concur with the findings relative to traffic impacts. The General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to mitigate the project's impacts for the following intersections based on the traffic study assumptions. Haun Road (NS) at: Newport Road (EW) 1-215 Southbound Ramps (NS) at: Newport Road (EW) Conditions of Approval for Plot Plan No. 2009-052 24 of 46 (Second Extension of Time No. 2012-167) 1-215 Northbound Ramps (NS) at: Newport Road (EW) Antelope Road (NS) at: Balsa Road (EW) Pampas Street (EW) Palm Villa Drive (EW) Newport Road (EW) La Piedra Road (EW) Menifee Road (NS) at: Newport Road (EW) As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. 76. Ordinance No. 460 and 461. With respect to the conditions of approval for the referenced tentative exhibit, the landowner shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460, City Road Improvement standards (Ordinance 461) and to the satisfaction of the City Engineering Department. It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the exhibit to be resubmitted for further consideration. 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 Engineer. Prior to a Certain Date 77. Newport Road Dedication. Within 60 days of approval of the current Extension of Time, the applicant/property owner shall provide the necessary dedication of Newport Road to the City of Menifee along the project's frontage on Newport Road. Prior to Issuance of Grading Permit 78. Security Posting for Grading. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 79. Erosion Control. 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. see form 284-47. Conditions of Approval for Plot Plan No. 2009-052 25 of 46 (Second Extension of Time No. 2012-167) 80. Grading shall Comply with Geotechnical Report. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Department's Grading Division for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by Riverside County.* '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. 81. Grading and Drainage to Comply with Flood. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. Additionally, the Building and Safety Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (water Quality Management Plan) required by Riverside County Flood Control & Water Conservation District. 82. Easement or Permission for Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 83. NPDES. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of compliance with the following: "Effective March 10, 2003 owner operators of grading or construction projects are required to comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. Additionally, at the time the county adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 84. Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained Conditions of Approval for Plot Plan No. 2009-052 26 of 46 (Second Extension of Time No. 2012-167) approval for the import/export location from the Building and Safety department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director and the Environmental Programs Director for review and comment and to the Building and Safety Department Director for approval. Additionally, if the movement of import/export occurs using county roads, review and approval of the haul routes by the Transportation Department will be required. 85. Caltrans. Prior to issuance of construction permits, grading and drainage plans shall be forwarded to Caltrans for their review. The grading and drainage plans shall identify site runoff impacts to the right-of-way and include potential for erosion within the right-of-way. The plans shall identify the capacity of existing drainage structures within the right-of-way where connections between private and Caltrans systems are proposed. Existing capacity of affected State drainage systems cannot be exceeded. Should 100 year project runoff volumes be determined to exceed the maximum capacity of the existing State drainage facilities, construction of on -site detention basins, new drainage systems or other impact mitigation will be required. An encroachment permit will be required from Caltrans prior to any construction within the State right-of-way. In addition, all work undertaken within the right-of-way shall be in compliance to all current design standards, applicable policies and construction practices. Prior to Issuance of Building Permit 86. Grading Permit. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Engineering Department. 87. Traffic Signals. The project proponent shall be responsible for the design of traffic signal(s) at the intersections of: Antelope Road (NS) at: Pampas Street (EW) Palm Villa Drive (EW) Newport Road (EW) (modification) with no fee credit given for Traffic Signal Mitigation fees. The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -ways directed by the City Engineering Department. Assurance of traffic signal maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for the required traffic signal(s). These requirements shall be applicable, unless otherwise completed by the 1-215/Newport Road Interchange Project. Conditions of Approval for Plot Plan No. 2009-052 27 of 46 (Second Extension of Time No. 2012-167) 88. Street Improvements. Prior to the issuance of any building permit of the the following geometrics shall be provided: The intersection of Antelope Road (NS) at Newport Road (EW) shall be improved to provide the following geometrics: Northbound: two left -turn lanes, one through lane, one shared through/right- turn lane Southbound: two left -turn lanes, one through lane, two right -turn lanes Eastbound: two left -turn lanes, two through lanes, one shared through/right- turn lane Westbound: one left -turn lane, two through lanes, one shared through/right- turn lane These requirements shall be applicable, unless otherwise completed by the 1-215/Newport Road Interchange Project. The intersection of Antelope Road (INS) at North Project Access Drive (EW) shall be improved to provide the following geometrics: Northbound: two through lanes Southbound: one through lane, one shared through/right-turn lane Eastbound: one right -turn lane Westbound: N/A NOTE: Driveway will be restricted to right -turns in and out only. The intersection of Antelope Road (INS) at Balsa Road (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, one through lane, one shared through/right- turn lane Southbound: one left -turn lane, one through lane, one shared through/right- turn lane Eastbound: one shared left-turn/through/right-turn lane Westbound: one shared left-turn/through/right-turn lane The intersection of Antelope Road (NIS) at Palm Villa Drive (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, one through lane, one shared through/right- turn lane Southbound: one left -turn lane, one through lane, one shared through/right- turn lane Eastbound: one left -turn lane, one shared through/right-turn lane Westbound: one shared left -turn, through/right-turn lane Or as approved by the City Engineer. All improvements listed are requirements for interim conditions only. Full right-of-way and roadway half sections adjacent to the property for the Conditions of Approval for Plot Plan No. 2009-052 28 of 46 (Second Extension of Time No. 2012-167) ultimate roadway cross-section per the County's Road Improvement Standards and Specifications must be provided. Any off -site widening required to provide these geometrics shall be the responsibility of the landowner/developer. The intersection of Antelope Road (NS) at Project Access (between Balsa Road and Pampas Street) (EW) shall be improved to provide the following geometrics: Northbound: two through lanes Southbound: one through lane, one shared through/right-turn lane Eastbound: one right -turn lane Westbound: N/A NOTE: Driveway will be restricted to right -turns in and out only. The intersection of Antelope road (NS) at Pampas Street (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, one through lane, one shared through/right- turn lane Southbound: one left -turn lane, one through lane, one shared through/right- turn lane Eastbound: one left -turn lane, one shared through/right-turn lane Westbound: one shared left-turn/through/right-turn lane The City shall construct and pay for all street improvements to Newport Road as will be shown on the final approved plans to the 1-215/Newport Road Interchange Project (Improvements). The City shall construct and pay for the curb return, at the intersection of Newport Road and Antelope Road, to match the proposed additional reight turn lane for Antelope Road as shown on IP09-004. In the event that the Developer of Menifee Lakes Plaza begins construction of their development prior to the City commencing or completing the improvements: a. The Developer shall coordinate with the City the timing of construction of the Antelope Road right turn lane and the Newport Road Improvements. b. Such coordination may involve allowing the Developer to postpone the constrction of the Antelope right turn lane improvements, including the driveway at STa. 64+05.15, until the Improvements to Newport Road are completed. c. In the event that such a postponement occurs, the Developer shall construct all remaining improvements as shown on the approved improvements plans IP09-004, regardless of the status of the Improvements on Newport Road. Conditions of Approval for Plot Plan No. 2009-052 29 of 46 (Second Extension of Time No. 2012-167) 89. Or as approved by the City Engineer. Right -of -Way. Sufficient public street right-of-way along Antelope Road from gas station driveway to Newport Road shall be conveyed for public use to provide for a 50' to 62 foot half - width right-of-way. Sufficient public street right-of-way along Newport Road shall be conveyed for public use to provide for an 84' to 96 foot half -width right-of-way. The above dedication shall be within the City right-of-way limits located 400' approximately west of Antelope Road centerline. Sufficient public street right-of-way along Newport Road and northbound on -ramp right-of-way shall be conveyed for public use to provide for a half - width right-of-way in conformance with Caltrans requirements. 90. Raised Median along Antelope. A raised median with appropriate landscaping shall be provided along Antelope Road extending from the Palm Villa Drive, with breaks at the project driveways at Pampas Street and Balsa Road, to the northern boundary of the project, or as approved by the City Engineer. The median shall be shown on the street improvement plans. Landscaping plans for the raised median shall be submitted to the Engineering Department for review and approval. Added at by Planning Commission at November 10, 2009 Planning Commission Meeting. 91. Menifee Valley Road and Bridge Benefit District. Prior to the issuance of a building permit, the project proponent shall pay fees in accordance with Zone "D" of the Menifee Valley Road and Bridge Benefit District. All fees are based upon the fee schedule in effect at the time of issuance of the permit. The project net acreage is 16 acres approximately. 92. Corner Cutbacks. The corner cutback at intersection of Newport Road and Antelope Road shall be applied per Standard 805, Ordinance 461. 93. Annexation. Prior to the issuance of a building permit, the project proponent shall comply with County requirements within Newport Road and Antelope Road public road rights -of -way, in accordance with Ordinance 461. Assurance of maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1- Consolidated and/or any other maintenance district approved by the Transportation Department. Said annexation should include the following: (1) Landscaping. (2) Street lights. (3) Traffic signals located on Newport Road at intersection of Antelope Road. (4) Graffiti abatement of walls and other permanent structure. (5) Street sweeping. For street lighting, the project proponent shall contact the Transportation Department L&LMD 89-1-C Administrator and submit the following: Conditions of Approval for Plot Plan No. 2009-052 30 of 46 (Second Extension of Time No. 2012-167) (1) Completed Transportation Department application. (2) Appropriate fees for annexation. (3) (2) sets of street lighting plans approved by Transportation Department. (4) "Streetlight Authorization" form from SCE or other electric provider. 94, Street Lighting Plan. A separate street light plan and/or a separate bridge light plan is required for this project. Street (and/or bridge) lighting shall be designed in accordance with County Ordinance 460 and Streetlight Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No. 1000 or No. 1001. For projects within Imperial Irrigation District (IID) use IID's pole standard. The developer shall annex into the L&LMD for power payment. 95. Landscaping in Right -of -Way. Landscaping within public road right-of- way shall comply with Transportation Department standards and Ordinance 461 and shall require approval by the Transportation Department. Landscaping plans shall be designed within Antelope Road and Newport Road and submitted to the Transportation Department. Landscaping plans shall be submitted on standard County plan sheet format (24" x 36"). Landscaping plans shall be submitted with the street improvement plans. Assurance of continuous maintenance is required by processing and filing a 'Landscape Maintenance Agreement' through the Transportation Department Plan Check Division; or if desired the developer may file an application for annexation into Landscaping and Lighting Maintenance District No. 89-1-Consolidated by contacting Judy Watterlond, Transportation Department at (951) 955-6829. 96. Dedication of Driveway Entries. The applicant shall dedicate roadway easements for maintenance purposes at driveway entries of Palm Villa Drive and Pampas Street as shown on Entry Exhibits transmitted by CSL Engineering on 2/23/09 and as directed by City Engineering Department. 97. Clearance from Caltrans. Prior to issuance of a building permit or any use allowed by this permit, and prior to doing any work within the State highway right-of-way, clearance and/or an encroachment permit must be obtained by the applicant from the District 08 Office of the State Department of Transportation in San Bernardino. 98. Trash Enclosures — The City of Menifee is a Co-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit No. CAS 618033. Direct rain water or wastewater runoff from trash enclosure is prohibited. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: Conditions of Approval for Plot Plan No. 2009-052 31 of 46 (Second Extension of Time No. 2012-167) a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) They shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6' high. c) They shall have a concrete slab floor. The concrete slab shall be graded to collect any spill within the enclosure. d) A floor drain from the interior of the enclosure as described below shall be provided to convey any spill. e) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. f) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. A floor drain from the interior of the enclosure that discharges to adjacent landscape areas properly designed to perform as BMP to treat this drainage is preferred. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed after obtaining approval by EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Any standing liquids in existing trash enclosures without a floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. The use of uncovered trash enclosures is not permitted. However it may be approved by the Engineering Department if the project meets any of the following exceptions: a) An existing trash enclosure that is within an area subject to Planning Department setback restriction for structures. b) No location exists where a proposed trash enclosure can be constructed without violating Planning, Fire and Building and Safety Department restrictions. c) Uncovered trash enclosures shall be graded to drain to adjacent landscape areas designed to perform as a BMP. The location of Trash enclosures shall not obstruct sight distance. Added per EOT1 Prior to Building Final Inspection Conditions of Approval for Plot Plan No. 2009-052 32 of 46 (Second Extension of Time No. 2012-167) 99. Paving Inspections. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 100. Traffic Signals. The project proponent shall be responsible for the construction and installation of all traffic signals, unless otherwise noted. Prior to the final building inspection, the following traffic signal(s) shall be installed and operational: Antelope Road (NS) at: Palm Villa Drive (EW) Newport Road (EW) (modification) Antelope Road (NS) at: Pampas Street (EW) With no fee credit given for Traffic Signal Mitigation Fees. Or as approved by the City Engineer. These requirements shall be applicable, unless otherwise completed by the 1-215/Newport Road Interchange Project. 101. Traffic Signal Interconnect. The project proponent shall be required to provide full traffic signal interconnect between the traffic signals on Antelope Road at Pampas Street, Palm Villa Drive, and Newport Road. The project proponent shall provide for the future interconnection of the traffic signal at Antelope Road and Newport Road to the west by installing signal interconnect conduits along the project's frontage on Newport Road. The project proponent shall provide for the future interconnection of the traffic signal at Antelope Road and Pampas Street to the north by installing signal interconnect conduits along Antelope Road from Pampas Street to the project's north property boundary. Or as approved by the City Engineer. 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 City. The offsite Improvement Plan IP09-004 was approved on March 22, 2011 and is subject to revisions to reflect any change in field conditions and new or revised standard plans prior to construction. The Engineer of record shall update the Improvement Plan with delta revisions to the satisfaction of the City Engineer. Added per EOT1 Conditions of Approval for Plot Plan No. 2009-052 33 of 46 (Second Extension of Time No. 2012-167) 103. Street Design Coordination. The street design and improvement concept of this project shall be coordinated with Newport Road/1-215 interchange project B5-0682. 104. Comply with Caltrans. The project proponent shall comply with the Caltrans recommendations as outlined in their letter dated August 28, 2008. 105. Signing and Striping Plan. A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan. The striping plan shall provide striping for an eight -foot bike lane on Antelope Road (up to the Palm Villa Drive driveway). 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. The offsite Signing and Striping Plan IP09-004 was approved on March 22, 2011 and is subject to revisions to reflect any change in field conditions and new or revised standard plans prior to construction. The Engineer of record shall update the Signing and Striping Plan with delta revisions to the satisfaction of the City Engineer. Added per EOT1 106. TUMF Fees. Prior to the issuance of an occupancy permit for the first unit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 107. Street Lighting Authorization. Prior to OCCUPANCY, the project proponent shall submit to Transportation Department Permits the following: 1) "Streetlight Authorization" form approved by L&LMD No. 89-1-C Administrator. 2) Letter establishing interim energy account from SCE or other electric provider. 108. Install Street Lights. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of County Ordinances 460 and 461. For projects within IID use IID's pole standard. Street light annexation into L&LMD or similar mechanism as approved by the Transportation Department shall be completed. It shall be the responsibility of the Developer to ensure that street lights are energized along the streets associated with this development where the developer is seeking Building Final Inspection (Occupancy). 109. Construction in Right -of -Way. On existing curb and gutter, new driveways, closure of existing driveways, sidewalks and/or drainage devices within right-of-way, including sewer and water laterals on Antelope Conditions of Approval for Plot Plan No. 2009-052 34 of 46 (Second Extension of Time No. 2012-167) Road shall be constructed within the dedicated right-of-way in accordance with City Standards, Ordinance 461. Such construction shall be shown on existing street improvement plans and approved and permitted by the City Engineering Department. NOTE: Construct 6' sidewalk, curb adjacent. 110. Annexation. Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated, and/or any other maintenance district approved by the Transportation Department for continuous maintenance within public road rights -of -way, on Newport Road and Antelope Road, in accordance with Ordinance 461. Said annexation should include the following: (1) Landscaping. (2) Street lights. (3) Traffic signals located on Newport Road at intersection of Antelope Road. (4) Graffiti abatement of walls and other permanent structures if any. (5) Street sweeping. 111. Improvements. Antelope Road from service station driveway to Newport Road is a paved City maintained road designated as a Secondary Highway and shall be improved with concrete curb and gutter to match the existing one located 38' to 50 feet from centerline to curb line, and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Engineering Department within the 50' to 62 foot half - width dedicated right-of-way in accordance with Section C-C. NOTE: 1. A 6' sidewalk shall be constructed adjacent to curb line within the 12' parkway. 2. The curb returns at entries of Palm Villa Drive and Pampas Street shall be constructed at a 35' radius as shown on Entry Exhibits transmitted by CSL Engineering on 2/23/09 or as determined by the City Engineer. Newport Road from Antelope Road to 400' westerly is a paved City maintained road designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 72' to 99 feet from centerline to curb line, and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the City Engineering Department within the 84' to 111 foot half -width dedicated right-of-way in accordance with Section A -A and Section B-B. NOTE: 1. A 6' sidewalk (along site frontage) shall be constructed adjacent to curb line within the 12' parkway. 2. Additional grading to be done between proposed taper and proposed right-of-way (96' from centerline) per Phase I Improvement Exhibit. Conditions of Approval for Plot Plan No. 2009-052 35 of 46 (Second Extension of Time No. 2012-167) Or as approved by the City Engineer. These requirements shall be applicable, unless otherwise completed by the 1-215/Newport Road Interchange Project. 112. Utility Plans. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Engineering Department for verification purposes. 113. Utilities Underground. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the Engineering Department as proof of completion. 114. Street Sweeping. Owner shall cause CSA152 or similar district or mechanism sweeping, as approved by the City Engineer. property to be annexed into for NPDES BMP of street Conditions of Approval for Plot Plan No. 2009-052 (Second Extension of Time No. 2012-167) 36 of 46 Section IV: Riverside County Flood Control District Conditions of Approval Conditions of Approval for Plot Plan No. 2009-052 37 of 46 (Second Extension of Time No. 2012-167) General Conditions 115. Flood Hazard Report. Plot Plan No. 2009-052 is a proposal to develop a 16.35-acre parcel into a commercial shopping center including retail shops, a convenience store, a gas station, a motel and restaurants in the City of Menifee. The site is located east of 1-215, west of Antelope Road and north of Newport Road. The site is being processed with PM 34318 and CUP03487. A Caltrans' ditch traversing along the western boundary of the site conveys storm flows from the Freeway and area south of Newport Road. This site is relatively flat and drains in a northerly direction to Salt Creek to the north. Since Salt Creek is considered an adequate outlet no mitigation for increased runoff will be required of this development. A WQMP was submitted in support of this development. The concept is to direct onsite flows to low flow catch basins that will convey water quality flows to enhanced swales proposed along the western boundary of the project. Higher flows would be collected in catch basins just downstream of the low flow catch basins. Supporting calculations were submitted by the applicant's engineer. All swales have a minimum bottom width of 6 feet and are 100 feet long. This is an acceptable mitigation plan for this site. The proposed fencing for this project shall accommodate maintenance access to the swales. If the development of the site is constructed in phases, the first phase of the development must construct all the water quality mitigation features for the entire site. Alternatively, a WQMP feature to serve a specific phase of a project can be constructed either 1) within the limits of the phase or 2) outside of the boundaries of the phase. In the case of the latter, the BMP shall be constructed within an easement and this easement shall be recorded. It should be noted that future phases of the development will be required to provide not only any water quality mitigation features required for that particular development but must also account for the mitigation features located on that particular site. All mitigation features shall comply with the current regulations of the Regional Water Quality Board. 116. Storm Flows. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adjacent outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. Conditions of Approval for Plot Plan No. 2009-052 38 of 46 (Second Extension of Time No. 2012-167) 117. WQMP. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontro1.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the City prior to issuance of recommended conditions of approval. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP site in compliance with Order No. R8-2010-0033, NPDES Permit No. CAS618033 or latest permit requirements (Added per EOT1). Also, it should be noted that if 401certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 118. BMP 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 District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or Conditions of Approval for Plot Plan No. 2009-052 39 of 46 (Second Extension of Time No. 2012-167) landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. 119. Phasing. If the development of the site is constructed in phases, the first phase of the development must construct all the water quality mitigation features for the entire site. Alternatively, a WQMP feature to serve a specific phase of a project can be constructed either 1) within the limits of the phase or 2) outside of the boundaries of the phase. In the case of the latter, the BMP shall be constructed within an easement and this easement shall be recorded. It should be noted that future phases of the development will be required to provide not only any water quality mitigation features required for that particular development but must also account for the mitigation features located on that particular site. All mitigation features shall comply with the current regulations of the Regional Water Quality Board. Prior to Issuance of Grading Permit 120. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of grading 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. 121. Erosion Control. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 122. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to issuance of permits. If the developer cannot obtain such rights, the project shall be redesigned to eliminate the need for the easement. 123. Written Permission for Off -site. Written permission shall be obtained from the affected property owner(s) allowing the proposed grading and/or facilities to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the City for review and approval. 124. Encroachment Permit. An encroachment permit shall be obtained for any work within CalTrans right of way or with CalTrans facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 125. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. All BMP features shall be shown on the grading plans. Conditions of Approval for Plot Plan No. 2009-052 40 of 46 (Second Extension of Time No. 2012-167) Prior to Issuance of Building Permit 126. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 127. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. All BMP features shall be shown on the grading plans. Prior to Building Final Inspection 128. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of storm water quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the City's NPDES Section by either the City's website www.floodcontrol. co.riverside.ca.us, e-mail fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. 3 The developer must provide to the City's PLAN CHECK Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 129. BMP Installation. All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. Conditions of Approval for Plot Plan No. 2009-052 41 of 46 (Second Extension of Time No. 2012-167) Section V: Riverside County Fire Department Conditions of Approval Conditions of Approval for Plot Plan No. 2009-052 42 of 46 (Second Extension of Time No. 2012-167) General Conditions 130. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 131. Minimum Fire Flow. Minimum required fire flow shall be 4000 GPM for a 4 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type VB construction per the 2007 CBC and Building(s) having a fire sprinkler system. 132. Fire Hydrants. A combination of on -site and off -site super fire hydrants, on a looped system (6"x4"x 2-2 1/2"), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants(s) in the system. 133. Tank Permits. Applicant or Developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permits, from the Riverside County Fire Department and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tanks(s) shall meet the following standard: Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01.. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. 134. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. 135. ALL CONDITIONS ARE PER AMD#1 DATED 3/4/09. Prior to Issuance of Building Permit 136. Plan Check Fee. Building Plan check deposit base fee of $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. 137. Water Plans. The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Conditions of Approval for Plot Plan No. 2009-052 43 of 46 (Second Extension of Time No. 2012-167) Prior to Building Final Inspection 138. 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. 139. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2002 edition in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe sizes in excess of 4" in 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 a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring system shall monitor the fire sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact fire department for guideline handout 140. Hotel — Fire Alarm. (HOTEL) Applicant or developer shall be responsible to install a manual and automatic pre-recorded VOICE Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to installation. HOTEL SHALL HAVE A FIRE CONTROL ROOM IN A LOCATION APPROVED BY THE FIRE DEPT. 141. Hotel Exist Signs. (HOTEL) Floor - Level exit signs, exit markers and exit path marking shall be installed per the California Building Code. 142. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Department for' proper placement of equipment prior to installation. 143. Hood Ducts. A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C- 16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. NOTE: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. (* separate fire alarm plans must be submitted for connection) Conditions of Approval for Plot Plan No. 2009-052 44 of 46 (Second Extension of Time No. 2012-167) Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval for Plot Plan No. 2009-052 45 of 46 (Second Extension of Time No. 2012-167) General Conditions 144. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2009-052 is proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) must be properly abandoned or removed under permit with the Department of Environmental Health (DEH). Prior to Issuance of Building Permit 145. Food Plans. A total of three complete set of plans for each food establishment are needed including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. Prior to Final Inspection 146. UST Plans. Construction plans must be reviewed and approved by the Hazardous Materials Division prior to the installation of the underground storage tank (UST) system. There is a construction fee based on the number of UST's installed. Permits from the Hazardous Materials Division must be obtained for the operation of the UST's prior to occupancy. 147. Hazardous Materials Management Division. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. 148. Hazardous Materials Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. 149. Business Emergency Plan. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. Conditions of Approval for Plot Plan No. 2009-052 46 of 46 (Second Extension of Time No. 2012-167)