Loading...
PC14-176Resolution PC 14-176 _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT NO. 2013-183 FOR ARCO — AM/PM AT NORTHEAST CORNER OF NEWPORT ROAD AND MENIFEE ROAD Whereas, on September 4, 2013, the applicant, Andy Sehremelis, filed a formal application with the City of Menifee for a conditional use permit for the construction and operation of a gasoline service station, 3,036 square feet convenience store with the concurrent sale of beer and wine, and car wash on a 1.89-acre parcel located at the northeast corner of Newport Road and Menifee Road within the City of Menifee; and, Whereas, on May 13, 2014, the Planning Commission held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2013-183, 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 May 13, 2014, the City of Menifee Planning Commission made the following Findings for Conditional Use Permit No. 2013-183: 1. Consistency with the General Plan. The conditional use permit is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Specific Plan (Menifee Village). The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The proposed project, a gas station, convenience store and car wash, meets the requirements of the Specific Plan (Menifee Village) land use designation. The project is within the Menifee Village Specific Plan. The project is consistent with the design guidelines, zoning and development standards of the Specific Plan. The Specific Plan designates the area as Commercial and the area is planned for neighborhood commercial development and would feature convenience markets, supermarkets, pharmacies, and other retail stores. Surrounding General Plan Land Use designations are Specific Plan (SP 158 — Menifee Village) to the north and east (Commercial) as well as west (Residential) and Specific Plan (SP 247 — Menifee East) (Commercial) to the south. The project is consistent with the surrounding existing and planned land uses. The project is compatible with the existing residential land uses to the west, which are separated from the project site by Menifee Road as well as screened with parkway and on -site landscaping and with structures setback from the property line. The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Resolution No PC 13-176 CUP 2013-183 May 13, 2014 Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Specific Plan (Menifee Village, Planning Area 3-1 - Commercial). The Specific Plan refers back to the Scenic Highway Commercial designation of Ordinance 348. The project is consistent with existing zoning and development standards. Surrounding zoning includes the Specific Plan (Menifee Village, Planning Area 3- 1 - Commercial) to the north and east, Specific Plan (Menifee Village, Planning Area 1-4 - Residential) to the west, and Specific Plan (Menifee East, Planning Area 1 - Commercial) to the south. These classifications are compatible with the Specific Plan (Menifee Village, Planning Area 3-1) zone of the project site. The proposed project is consistent with Riverside County Ordinance No. 348 Section 18.48 as adopted by the City of Menifee and as subsequently amended by City of Menifee Ordinance 2009-50. This section requires approval of a Conditional Use Permit, notification of property owners within 1,000 feet, location and display of beer and wine, and prohibits liquor stores, mini -marts, and service stations from selling beer and wine within 500 feet of the nearest boundary of a public or private school, church (or similar facility for the sole purpose of the exercise of religion), or public or private park or playground. The project proposes approval of a Conditional Use Permit and property owners within 1,000 feet of the project site have been noticed of the public hearing. The proposed project is not located within 500 feet of any such land uses. The closest such use is the Callie Kirkpatrick Elementary School located approximately 600 feet (property line to property line) to the south of the project site 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The northern boundary abuts and existing fire station and single-family residences exist further to the north. There is vVacant land exists to the east of the site that and is designated for commercial use. To the west across Menifee Road, single-family residential uses exist. To the south across Newport Road on either side of Menifee Road, vacant land exists and both sides are designated for commercial land uses. The proposed project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates quality architecture and landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in a mitigated negative declaration which determined impacts including, but not limited to, air quality, greenhouse gas emissions, water quality, noise, and traffic would all be less than Resolution No PC 13-176 CUP 2013-183 May 13, 2014 significant. Therefore, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration has been completed for the proposed project. The mitigated negative declaration/environmental assessment did not identify any potentially significant impacts. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Conditional Use Permit No. 2013-183 is hereby approved subject to the Conditions of Approval Exhibit "A" to this Resolution. PASSED, APPROVED AND ADOPTED this the 13th day of May, 2014. C Matt Liesemeyer,,ChAirman Approved as to form: e ++ Attest: Je ifer Allen, Deputy City Clerk 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 NWW.cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC14-176 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13th day of May, 2014 by the following vote: Ayes: Liesemeyer, Phillips, Matelko, Sobek, Thomas Noes: None Absent: None Abstain: None Jenn' r A en, Planning Commission Secretary Conditions of Approval for Conditional Use Permit No. 2013-183 "Newport and Menifee ARCO — AM/PM" Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department e I of 44 Section I: Departments Page 2 of 44 General Conditions 1. Description. Planning Case No. 2013-183 (Conditional Use Permit) is a proposal for the construction and operation of a gasoline service station, 3,036 square feet convenience store with the concurrent sale of beer and wine for off - site consumption, and car wash on a 1.89-acre parcel. The gasoline service station will consist of 16 pumps for self service. The car wash will be automated and drivers will remain in their cars through the approximately 2 to 2.5 minute complete wash cycle, with approximately 20-25 seconds between vehicle entry. Stacking for four vehicles prior to the automated pay station and six vehicles total prior to entering the car wash are provided. Parking stalls with vacuum equipment are also provided to customers of the car wash for self serve use. Signs for the convenience store building, car wash building the canopy, corner monument, and price sign are included with this approval. There are a total of 16 parking spaces provided, including 1 parking space for persons with disabilities, and not including the 10 vacuum parking stalls and the 16 spaces for each gasoline pump. 23,195 sq. ft. of landscaping is proposed (28% of the net lot area). The existing trail on the east side of Menifee Road will be preserved and improved along with its connection across the northern portion of the site adjacent to the existing fire station. Access to the project site is proposed via two new unsignaled right -in and right -out only driveways on Newport Road and Menifee Road. The site allows for access to the adjacent property to the east via two drive aisle stubs, one near the Newport Road driveway and one north of the car wash exit. 2. Indemnification. The permitee shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the permitee's performance or failure to perform under this Conditional Use Permit or the City's approval thereof, or from any proceedings against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Conditional Use Permit No. 2013- 183 (2013-183 CUP), the Environmental Assessment and any approval hereunder. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2013-183 shall be henceforth defined as follows: Permitee, Applicant, Project Permitee(s), Project Developer(s) shall all mean the Permitee of this project. APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2013- 183, Sheets 1-2, dated 5/13/14. Page 3 of 44 APPROVED EXHIBIT G = Preliminary Grading Plan for Conditional Use Permit No. 2013-183 Sheets 1-4, dated 4/17/14. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2013- 183, Sheets 1-8, dated 5/13/14. APPROVED EXHIBIT C = Floor Plans and Awning Plan for Conditional Use Permit No. 2013-183, Sheets 1-4, dated 3/18/14. APPROVED EXHIBIT L = Conceptual Landscaping Plan for Conditional Use Permit No. 2013-183, dated 5/13/14. APPROVED EXHIBIT S = Sign P4an for Conditional Use Permit No. 2013- 183, dated 5/13/14. APPROVED EXHIBIT P = Exterior Lighting Fixtures for Conditional Use Permit No. 2013-183, Sheets 1-12, dated 3/18/14. 4. 90 Days. The permitee has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permitee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. Page 4 of 44 7. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 8. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the one 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 the one-year extension be obtained and no substantial construction or use of this conditional use permit be initiated within three (3) years of the effective date of the issuance of this conditional use permit, this conditional use permit shall become null and void. I/ Page 5 of 44 Section II; Planning Conditions of Approval Page 6 of 44 General Conditions 9. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, G, L, S, and P unless otherwise amended by these conditions of approval. 10.Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 11. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B. 12. Parking. Based on the Ordinance 348, Section 18.12 parking for the convenience store is calculated as a retail use and utilizes a parking ratio of 1 spaces/200 square feet of building area. The minimum number of required parking spaces for the proposed convenience store is 16. There are a total of 16 parking spaces provided, including 1 parking space for persons with disabilities, and not including the 10 vacuum parking stalls and the 16 spaces for each gasoline pump. 3,036 sq. ft. NIA 1-space/200 16 16 Retail Area square feet A minimum of 16 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of one (1) accessible parking space for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be Page 7 of 44 posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _ or by telephoning — " In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Bicycle Racks: Bicycle racks with a minimum of 4 spaces each shall be provided in convenient locations for each building to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval, and shall be installed in accordance with those plans. Loading. One loading area will be provided for the convenience store building to the north of the building as shown on APPROVED EXHIBIT A. 13. Signage. No outdoor advertising display, sign or billboard shall be constructed or maintained within the property subject to this approval other than that shown on APPROVED EXHIBIT B and S. Prior to the installation of any additional on -site advertising display or structure, the permitee shall submit a plot plan application for signage, including applicable deposit based fees, to the City of Menifee Community Development Department for review and approval. 14. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 15. Reclaimed Water. The permitee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 16. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 17. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permitee or the permitee's successor -in -interest shall take the'necessary steps to remedy the situation, which may include discontinued operation of the facilities. Page 8 of 44 18. Noise Monitoring Reports. The permitee may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permitee or the permitee's successor -in -interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permitee or the permitee's successor -in - interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 19. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 20. Hours of Construction. Construction activities shall be restricted to the hours of 6:30 am to 7:00 pm Monday through Saturday and are prohibited on Sundays and federal holidays. 21. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: • All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that .all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM,o and PM2.5fugitive dust emissions by approximately 61 %. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM,o and PM2.5 fugitive dust haul road emissions by approximately 44%. 22. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 23. Licensing. At all times during the conduct of the permitted use for sale of beer and wine for the convenience store, the permittee shall maintain and keep in effect valid licensing approval from the Department of Alcohol Beverage Control, Page 9 of 44 or equivalent agency as provided by law. Should such licensing be denied, expire or lapse at any time in the future, this permit shall become null and void. 24. Truck Loading Activities. Truck loading activities for the convenience store shall occur in the designated loading area as shown on APPROVED EXHIBIT A. 25. Sign Restrictions. In addition to the APPROVED EXHIBIT B and S, all signs for building's and tenant's use shall be in conformance with the permitting and restrictions of the zoning code, in particular as it relates to temporary signs. Temporary commercial signage is prohibited under Ordinance No. 806 which was adopted by the City of Menife.e upon incorporation. 26. Hours of Operation. Self -serve gasoline service and convenience store hours of operation shall be 24-hours a day, 7-days a week. Car wash hours of operation shall be between 7 a.m. and 8 p.m., 7-days a week. 27. Attendant. The applicant shall provide regular monitoring of the facility by an attendant during business hours to control noise, litter and other nuisances. The facility shall be kept clear of debris at all times. 28. Regulations for Off -Site Alcohol Sales. Pursuant to Ordinance 348, Section 18.48, the following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off -premises consumption: a. Only beer and wine may be sold. b. The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters. c. No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter. d. Cold beer or wine shall be sold from, or displayed in, the main, permanently affixed electrical coolers only. e. No beer, wine or other alcoholic beverages advertising shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas. f. Employees selling beer and wine between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. g_ No sale of alcoholic beverages shall be made from a drive-in window. ARCHEOLOGY Page 10 of 44 29. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. 30. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Pechanga tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. PALEONTOLOGY 31.Inadvertent Paleontological Find. Pursuant to General Plan EIR Mitigation Measure 5-2, should any potentially significant fossil resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for Page 11 of 44 permanent curation; and provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director. LANDSCAPING 32. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 33. 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 Community Development Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 34. Landscape Plans. All landscaping plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 35. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES 36. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671, or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 37. Fugitive Dust Control. The permitee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permitee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved Page 12 of 44 qr 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 wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute 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; Page 13 of 44 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. ARCHEOLOGY 38. Archeologist Retained. Prior to issuance of a grading permit, the Community Development Department shall review the proposed grading plans to determine the depth of grading, including but not limited to foundation excavations, trenching and utility installations. Should grading activities include excavation into native soils (i.e., below two feet in fill areas or areas where no prior grading activities occurred or fill materials have been added), then the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. 39. Native American Monitoring. Tribal monitor(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 Page 14 of 44 qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians and the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. 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. Should an agreement between the Tribes and the Applicant/Permittee not be established within forty-five (45) days of the date the Applicant/Permittee initiates such an agreement with the Tribes, Native American monitoring shall not be required. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area to for proper treatment and disposition. The Applicant/Permittee shall be responsible for all curation costs. 40. Non -Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to location of reburials. FEES 41. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permitee shall comply with the provisions of Ordinance No. 663, which generally 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 3.03 acres (gross) in accordance with APPROVED EXHIBIT 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. 42. Fees. Prior to the issuance of grading permits for 2013-183 CUP, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 43. Submit Building Plans. Prior to the issuance of a building permit, the permitee shall submit building plans with the City of Menifee Building Department for Page 15 of 44 building permits, including review by the Community Development Department. The building plans shall be in substantial conformance with APPROVED EXHIBIT B and APPROVED EXHIBIT C. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2013 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky Ordinance". 5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 44. 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. 45. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 46. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site. Lighting fixtures shall be decorative. Shoe box type lighting will not be allowed. Lighting shall be designed to define the vehicular and pedestrian circulation patterns and ensure safe pedestrian movement. The types of lighting fixtures used shall be subject to Community Development Department approval. Lighting shall be in substantial conformance with APPROVED EXHIBIT P. 47. Roof Mounted Equipment Plans. All building plans shall show all roof -mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to building permit issuance. Screening material shall be subject to Community Development Department approval and shall be in substantial conformance with APPROVED EXHIBIT B. Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 48. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. Page 16 of 44 49. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a security plan for the site. Pursuant to correspondence dated September 16, 2013 from the Riverside County Sherriff's Department, the development shall install exterior cameras to monitor all parking stalls surrounding the exterior of all buildings. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. The Sherriff's Department and/or Community Development Department shall verify that the security system has been installed prior to final occupancy. Tim Elwell with the Sheriff Department can be contacted at telwelI(arive rsidesheriff.orq. LANDSCAPING 50. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 51. Landscape and Irrigation Plans. The permitee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. 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. Page 17 of 44 NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Community Development Department. Shading calculations is based on tree canopy over the parking spaces. Tree canopy after 15 years growth shading the parking spaces only. Please use AutoCAD to calculate the shade in the parking area for the working drawings. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code 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. Curb and Walkway on End Stall 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. 52. Crime Prevention through Environmental Design Guidelines. Pursuant to correspondence dated September 16, 2013 from the Riverside County Sheriff's Department, all plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 53. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month post installation, and One Year post installation Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. FEES Page 18 of 44 54. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. 55. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 56. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 57. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 58. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 59. Waste Management Clearance. Prior to issuance of an occupancy permit, the permitee shall provide a clearance letter from Riverside County Waste Management verifying compliance with the approved WRP. 60. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permitee provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 61. Trash Enclosures. One (1) trash enclosure which is adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A and designed in substantial conformance to APPROVED EXHIBIT B, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block with landscaping screening, roof covering and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 62. Lighting. Exterior lighting shall be consistent with the approved building plans and shall comply with Municipal Code Chapter 6.01. 63. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. Page 19 of 44 64. Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed in compliance with the Riverside County Sheriff Department's requirements prior to final occupancy. 65. Final Planning Inspection. The permitee shall obtain final occupancy sign -off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, etc. The permitee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. LANDSCAPING 66. Soil Management Plan The permitee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 67. Landscapelirrigation Install Inspection The permitee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post -Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 68. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 69. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may Page 20 of 44 require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 70.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permitee shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 71. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permitee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. 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. 72. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. 73. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection, whichever comes first, the permitee shall submit verification that the Stephen's Kangaroo Rat fees have been paid for the project. Page 21 of 44 Page 22 of 44 III.A GENERAL ENGINEERING CONDITIONS: 74. Construction Times of Operation. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. M.A.1 Circulation and Dedications 75. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 76.Off-Site Parking. This project shall not have off -site parking on the street. 77. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 78. TUMF Fee Credit — This project is not eligible for fee credit against Development Impact Fees or other fees received by the City. Any credit of transportation Uniform Mitigation Fees is governed by WRCOG. 79. Driveways — The following designations shall describe the locations of the project driveway access points. Newport Rd. Driveway — Proposed southerly driveway on Newport Road is designated as the main exit with right in and right out only. Menifee Rd. Driveway — Proposed Westerly driveway on Menifee Rd. is designated as a driveway with right in and right out only. 80. Development Access — A traffic signal is not required in conjunction with this project. The access of the driveways along Newport Road and Menifee Road shall be right in and right out only and a "No Left Turn" Sign shall be installed in the proposed Planter as directed by the City Engineer. 81. Driveway Approaches - Driveway approaches shall be designed per Modified County of Riverside standard 207A. The sidewalk across the driveway approach shall be in the public right of way. 82. Paving — Roadway Paving shall conform to Ordinance 461. The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. Page 23 of 44 83. Road Improvements — Newport Road shall be improved to a modified urban arterial highway standards per County Standard 91. All easements and right -of way for roadways shall be granted to the City of Menifee. The parkway areas behind the street curb within the right-of-way, not including the handicap ramps shall be landscaped and irrigated and maintained by the L&LMD in accordance with their requirements. 84. Encroachment Permits — All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 85. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28 day minimum strength of Class 560-C (3,250 psi) Concrete. 86. Landscape and Lighting Maintenance District (ULMD) - The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed Engineering Department application b_ (2)Sets of street lighting plans approved by Engineering Department. c. (2)Sets of landscape and irrigation plans approved by Engineering Department. d. Appropriate fees for annexation. e. "Streetlight Authorization" form from SCE, IID or other electric provider. 87. Assessment Districts - Should this project lie within any assessment/benefit district, the applicant shall, prior to issuance of a building permit, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 88. Sewer Lines — All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Ordinances 460/461 and Eastern Municipal Water District standards. 89. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the approval by Eastern Municipal Water District and the Riverside County Fire Department. Page 24 of 44 90. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. 111 A 2 Grading and Draina-ge 91. General Grading Conditions - All grading shall conform to the latest edition of the latest adopted edition of the California Building Code, City General Plan, Ordinance 457 and all other relevant laws, rules and regulations governing grading in the City. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading notice: Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction Permit from the State Water Resources Control Board (SWRCB). The Construction Permit requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NOI) and monitoring plan for, the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 92. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 93. Geotechnical and Soils Reports Submittals - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 94. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 95. Import/Export - In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the City Engineering Department. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering department prior to grading operations. Page 25 of 44 96.Offsite Grading Easements - Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized agreement and recorded documents shall be submitted to the Engineering Department. 97.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 98. Slope Erosion Control Plan - Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 99. Erosion Control - Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during the rainy season from October 15 to April 15 100. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the applicant in accordance with AQMD requirements. A watering device shall be present and in use at the project site during all grading operations. 101. Design Criteria: a. On -Site Parking — Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. 5% grade is the maximum slope for any parking area. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into the drainage system underground or outlet with appropriate velocity reducers into BMP devises. c. Slopes All manufactured slopes exceeding 3' shall have some type of drainage swale at the toe of the slope to collect any runoff. d. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%. Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Plot Plan. Page 26 of 102. Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 103. Maximum and minimum grade Advice - Engineer of record is advised to not base the design on minimum and maximum grades for ADA and project grading design to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector. It will need to be removed and replaced at owner's expense. 104. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 105. Perpetual Drainage Patterns - The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 106. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. 107. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. III.A. 3 NPDES and WQMP 35. WQMP. This development is located within the San Jacinto River watershed, and all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana or Santa Margarita watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Storm Water Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures Page 27 of 44 (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City Engineering Department prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the 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; however, additional revisions to the PWQMP may be required during the Final WQMP approval. The following revisions may be required: a. An infiltration test is required for infiltration treatment. b. Infiltration calculations per the Riverside County Stormwater Quality BMP Handbook. c. BMP design flow backup calculations were not included in Preliminary WQMP. The final WQMP shall contain the backup calculations. Additional BMPs may be required if BMP design flow rates differ from Preliminary WQMP. The project shall incorporate structural LID practices for the site in consideration of the site's land use, hydrology, soil type, climate and rainfall patterns. . Frequently used LID practices include: i. Bioretention cells, also known as rain gardens ii. Cisterns and rain barrels iii. Green roofs iv. Pervious concrete, also called "porous pavement", similar to Permeable paving v. Grassed swales, also known as bioswales. vi. On -site infiltration WQMP Report shall address restaurant BMPs such as cleaning restaurant floor mats, cleaning exhaust filters, kitchen grease, kitchen recyclable oil, meat fat, cleaning grease interceptor or trap etc. A grease interceptor/trap shall be provided and shown on the WQMP Site Plan. Page 28 of 36.BMP Facilities Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMP's in perpetuity. This may consist of mechanism to assess individual benefitting property owners or other means approved by the City. The site's treatment control BMP's must be shown on the project's improvement plans — either the street plans, grading plans, or landscape plans. The type of improvement plans that will show the BMP's will depend on the selected maintenance entity. 111.13 PRIOR TO GRADING PERMIT ISSUANCE: Ul.B.I Circulation and Dedications 37.Improvement Plans - Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. 38.Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Engineer. 39.Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Traffic safety within the road right-of-way including temporary traffic control measures and devices. Page 29 of 40.Sight Distance Exhibit - A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 111.B.2 Grading and Drainage 41.General Grading Introduction - Improvements such as grading, filling, over excavation and re -compaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 42. No Building Permit without Grading Permit - Prior to issuance of any building permit, the property applicant shall obtain a grading permit and/or approval to construct from the City Engineering Department. 43. Plan Submittals - Two (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 9"xl2". A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 44. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 45.Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer 111.B.3 NPDES and WQMP 46. Preliminary WQMP. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need revisions to meet the requirements of a final project specific WQMP. Redesign of BMPs or additional BMPs may be required. Also, it should be noted that if Page 30 of 44 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 47. Final WQMP - A Final WQMP shall be submitted for review and approval by the City Engineering Department for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033. 48. Trash Enclosures - The City of Menifee is a Co-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit No. CAS 618033. Direct rain water or wastewater runoff from trash enclosure is prohibited. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. 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) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. 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 cleaned up and disposed of properly using a mop and a bucket or a wet/c vacuum machine. All non hazardous liquids without solid trash may be put in t sanitary sewer. Page 31 of be The use of uncovered trash enclosures is not longer permitted. However it may be approved by the Engineering Department if the project meets any of the following exceptions: a) An existing trash enclosure that is within an area subject to Planning Department setback restriction for structures. b) No location exists where a proposed trash enclosure can be constructed without violating Planning, Fire and Building and Safety Department restrictions. c) Uncovered trash enclosures shall be graded to drain to adjacent landscape areas designed to perform as a BMP. 49. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 50. NPDES/SWPPP REQUIREMENT- This project is larger than one (1) acre or is part of a larger project that will disturb one (1) or more acres. Prior to issuance of any grading or construction permits - whichever comes first, the applicant is required to comply with the State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge Elimination System Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering Department for review prior to be certified by the legal responsible person in the SMARTS system. Once accepted by the City, the PRDs shall be uploaded to the SMARTS system and a copy of the WDID letter from the Board shall be submitted to the City. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order III.0 PRIOR TO BUILDING PERMIT ISSUANCE: Ill. C.2 Gradinq and Drainage 51. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant's geotechnical engineer shall submit compaction reports with 90% or better prior to building permit issuance. 52. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer -of -Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils Page 32 of 44 report shall be submitted for verification/acceptance to the City Engineering Department. 53. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement the striping plan. Traffic. signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Engineer. 54. Street Light Plan - A separate street light plan is required for this project. Street lighting shall be designed in accordance with Street Light Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. 55. Financing Mechanism - The applicant/developer or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, payment of DIF, private loans or grants or other public and/or private funding mechanism(s). Evidence of financing the developer's share of the ultimate improvements shall be demonstrated to the satisfaction of the City Manager prior to issuance of a building permit. 56. Ordinances 461 - With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Engineering Department. III.C.3 NPDES and WQMP 57. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. . 58. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. Page 33 of 44 III.D PRIOR TO CERTIFICATE OF OCCUPANCY Ill. D.1 Circulation and Dedications 59. Newport Rd. Driveway Improvements — The Driveway Improvements on Newport Road shall be completed at the satisfaction of the City Engineer to provide access to the site and ingress and egress of delivery vehicles. The Developer shall prepare and record reciprocal access easement with adjacent Parcel 2 of Parcel Map 33703. 60. Menifee Rd. Driveway Improvements — The Driveway Improvements on Menifee Road shall be completed at the satisfaction of the City Engineer. 61. Landscape and Lighting Maintenance District (LLMD) - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals within public road rights -of -way for the required traffic signal(s). 62. Street Sweeping - Owner shall cause property to be annexed into CSA152 or similar district or mechanism for NPDES BMP of street sweeping, as approved by the City Engineer. 63. Completion of LLMD Annexation - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals, street lights, common landscape and BMP's within public road rights -of -way. 64. Fees - Applicant shall pay fees as applicable into the regional transportation funding Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Ill. D.2 Grading and Drainage 65. Conform to Elevations - Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. Page 34 of 44 66. Final Grade Certification — The applicant's civil engineer shall provide the standard City of Menifee final grade certification form prior to certificate of occupancy of each building. 67. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to 3' in. vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per County Ordinance 457. Drip irrigation shall be used for all irrigated slopes 68. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website: www.floodcontrol.co.riverside.ca.us, e- mail fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders The developer must provide to the City a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 69. BMPs Installed. All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The District will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 70. BMP Maintenance. The BMP maintenance plan shall contain provisions for all treatment controlled BMP's to be inspected, and if required, cleaned no later than October 15th each year. Required documentation shall identify the entity that will inspect and maintain all structural BMP's within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. Page 35 of 44 Section IV: Riverside County Fire Department Conditions of Approval Page 36 of 44 General Conditions 109. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (13-MENI-CUP-183) is required on all correspondence. Additional information is available at our website: www.rvcfire.org or go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 110. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 111. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 112. Fire Flow. Minimum required fire flow shall be 1500 GPM for a two (2) hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 113. Super Fire Hydrant. Super fire hydrant(s) (6"x4"x 2Y2"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. 114. Tank Permits. Applicant and/or developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permit, from the Riverside County Fire Department and Environmental Health Department. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank (s) shall meet the following standards: Tank must be tested and labeled to UL2085 Protected Tank Standard. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. Current plan check deposit base fee is $217.00 for the first Tank, each additional tank $32.00. Prior to Issuance of Building Permit 115. Plan Check. 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. 116. Water Plans. The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Page 37 of 44 Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing. The system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Prior to Final Inspection 117. Fire Lanes. The permitee shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 118. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-1013C and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to center above the floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. Page 38 of 44 Section V: Riverside County Environmental Health Conditions of Approval Page 39 of 44 General Conditions 119. General Comments. This project is proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the permitee to ensure that all requirements to obtain water and sewer service are met with EMWD, as well as, all other applicable agencies. 120. Phase I Determintation. Based on the information provided in the "Phase I Environmental Site Assessment" (National Environmental Services, LLC,dated November 12, 2013), the addendums to the Phase I Environmental Site Assessment report dated April 3, 2014, a site visit conducted by staff from Riverside County, Department of Environmental Health, Environmental Cleanup Program (RCDEH-ECP) and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes no further environmental assessment is required for this project. As with any real property, if previously unidentified contamination is discovered at the site, assessment, investigation, and /or cleanup may be required. 121. No Vectors. Any proposed retention basin(s), shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. 122. Noise Standards. Facility -related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home:, must not exceed the following worst - case noise levels 45 dB(A) — 10 minute noise equivalent level ("leq"), beween the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB(A) — 10 minute leq, between 7:00 a.m. and 10:00 p.m. (daytime standard). 123. Construction Hours. Whenever a construction site is within one -quarter (1/4) of a mile of an occupied residence or residence, no construction activities shall be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and between the hours of 6:00 p.m. and 7:00 a.m. during the months of October through May. Exceptions to these standards shall be allowed only with the written consent of the building official. 124. Construction Mufflers. All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 125. Construction Haul Routes. To the extent feasible, haul routes should not pass sensitive land uses or residential dwellings. 126. Delivery and Compactor Hours. Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00 a.m. to 10:00 p.m.) Prior to Building Permit Conditions 127. Food Facility. Prior to the issuance of a building permit, this facility shall required to contact DEH District Environmental Sevices to determine be the appropriate plan check and/or permitting requires associated with the proposec food facility. For further information, please call (951) 766-2824. Page 40 of 44 128. Underground Storage Tanks Plans. Prior to building permit issuance, the applicant shall submit to the Hazardous Materials Management Branch (HMMB) a complete set of construction plans for the underground storage tanks (USTs). Applicable fees shall apply. For further information, please contact HMMB at (951) 766-2824. Prior to Buildinq Final/Occupancy Conditions 129. Underground Storage Tanks Operation. Prior to occupancy, permits from the Hazardous Materials Management Branch (HMMB) must be obtained for the operation of the Underground Storage Tanks (USTs). For further information, please contact HMMB at (951) 766-2824. 130. Business Emergency Plan. Prior to occupancy, this facility shall be required to submit a Business Emergency Plan (BEP) to the Hazardous Materials Management Branch (HMMB) for review and approval. For further information please contact HMMB at (951) 766-2824. 131. HMMB Clearance. Prior to occupancy, clearance from Hazardous Materials Management Branch (HMMB) shall be required to ensure that the project has met the following requirements: a) Underground Storage Tanks, Riv. Co. Ordinance No. 671.4 b) Hazardous Waste Generator Services, Riv. Co. Ordinance No. 615.3 c) Disclosure and Emergency Response Plans, Riv. Co. Ordinance No. 651.2 d) Waste Reduction Management e) Other additional requirements as determined by HMMB including but not limited to the issuance of pertinent operating permits. 132. Alcoholic Beverage Control. This facility shall be required to contact the State of California, Alcoholic Beverage Control to address any plan check and/or permitting requirements associated with the project's proposal to sell beer and wine. Page 41 of 44 Section VI: Riverside county Environmental ,11 V.1 Il R 1- 0- Page 42 of 44 Prior to Grading Permit Conditions 133. Burrowing Owl:. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. Page 43 of 44 The undersigned warrants that he/she is an authorized representative of the pro�co bove, that I am specifically authorized to consent to all of the for s, and that Iso consent as of the date set out below. i Sign Date me (please print) //YA)C/W /4. itle (please pint) Page 44 of 44