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PC14-181Resolution PC14-181 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO, 2013-244 FOR AMERICA'S TIRE Whereas, on December 6, 2013, the applicant, America's Tire, Inc., filed a formal application with the City of Menifee for a Plot Plan to construct and operate a new 7,454 square foot building for a tire sales and service shop on a 0.93 acre parcel (APN: 336- 380-011) on the northwest corner of Haun Road and Newport Road within the City of Menifee; and, Whereas, between August 4 and August 24, 2014, the State -mandated twenty (20) day public review period for the Environmental Assessment took effect, which was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, on August 27, 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 Plot Plan No. 2013-244, which hearing was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice, opened the public hearing and continued the open public hearing to September 10, 2014; and, Whereas, on September 10, 2014, the Planning Commission held the continued open public hearing on the Environmental Assessment and the Project (Plot Plan No. 2013-2440, which hearing was not required to be re -noticed for the September 10, 2014 Planning Commission hearing, because the project was continued to a date certain (i.e., September 10, 2014) at the August 27, 2014 hearing, considered all public testimony as well as all materials in the staff report and accompanying Environmental Assessment; and, Whereas, on September 10, 2014, the City of Menifee Planning Commission made the following Findings for Plot Plan No. 2013-244: 1. Consistency with the General Plan. The plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Specific Plan (Newport Hub), specifically Planning Area 1 (Retail/Commercial). 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 conforms to the zoning, design guidelines and development standards of the Specific Plan. Surrounding General Plan Land Use designations are Specific Plan (Newport Hub), specifically Planning Area 1 (Retail/Commercial), as well. The project is consistent with these surrounding existing and planned retail/commercial land uses. Resolution No PC 14-181 PP 2013-244 September 10, 2014 The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County Multiple Species Habitat Conservation Plan (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 and the boundaries of the Western Riverside County MSHCP; however, the project is not located with an MSHCP Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 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 (Newport Hub), Planning Area 1 (Retail/Commercial) as noted above. The Specific Plan refers back to the Scenic Highway Commercial (C-P-S) zoning classification of Ordinance No. 348. The project is consistent with existing zoning and development standards. Surrounding zoning includes Newport Hub Specific Plan, Planning Area 1 (i.e., Scenic Highway Commercial) to the north, east, south and west. This classification is compatible with the Specific Plan, Planning Area 1 zone of the project site. 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The northern boundary abuts vacant parcels that are designated for retail commercial land uses. To the east lies existing medical offices and a Texas Roadhouse restaurant. To the south is the existing Circle K gas station and convenience store. To the west is the Newport Towne Square retail commercial center which is currently under construction and will include multiple sit-down and take-out restaurants and additional future retail commercial 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 both buffer the tire services component of the project and enhance the area. Environmental impacts resulting from the project have been analyzed in a Mitigated Negative Declaration (MND). The MIND determined that impacts, including, but not limited to, air quality, greenhouse gas emissions, water quality, noise, and traffic, would all be less than significant. Therefore, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Resolution No PC 14-181 PP 2013-244 September 10, 2014 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. Plot Plan No. 2013-244 is hereby approved subject to the Conditions of Approval attached as Exhibit "A" to this Resolution. PASSED, APPROVED AND ADOPTED this tq4 10th day of September, 2014. No oved as form. Julie Hayward iggs,13ity Attorne Attest: e fifer 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 951.6793843 w .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. PC14-181 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 10h day of September, 2014 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None J nni er Allen, Planning Commission Secretary EXHIBIT 661" Conditions of Approval for Plot Plan No. 2013-244 "America's Tire" 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 Page ] of 47 Section I: Conditions Applicable to all Departments Page 2 of 47 General Conditions Description. Plot Plan No. 2013-244 (Plot Plan) is for the construction and operation of a new 7,454-square-foot building for a tire sales and service shop on a 0.93-acre parcel (APN: 336-380-011). Access to the project site is proposed off of Haun Road. 2. Indemnification. The permitee shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the permitee's performance or failure to perform under this Plot Plan or the City's approval thereof, or from any proceedings against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Plot Plan No. 2013-244 (PP 2013-244), 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 Plot Plan No. 2013-244 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2013-244, dated 5/22/14. APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan No. 2013-244, Sheets 1-8, dated 5/22/14. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2013-244, dated 5/22/14. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2013-244, dated 5/22/14. APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2013-244, Sheets 1-7, dated 5/22/14. APPROVED EXHIBIT M = Color and Material Board for Plot Plan No. 2013-244, dated 5/22/14. 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. Page 3 of 47 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, Permittee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 8. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Page 4 of 47 Section II: Planning Conditions of Approval Page 5 of 47 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, and M 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 and M. 12. Parking. Based on the Ordinance 348, Section 18.12, parking for tire sales and service are calculated based on the following ratios: one (1) space/150 square feet of gross floor area of retail sales and office area and four (4) spaces per service bay. The minimum number of required parking spaces for the proposed project is thirty six (36). The site will provide a total of thirty-seven (37) parking spaces, including twenty-nine (29) standard spaces, two (2) ADA accessible spaces and six (6) service bays. Bays AM Required 1,692 sq. ft. 1 space/150 (retail square feet of 12 sales/office gross floor area 37 6 service bays 4 spaces / 24 service bav A minimum of thirty-seven (37) parking spaces (including the six [6] service bays) 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 two (2) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety 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 Page 6 of 47 permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning _." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Bicycle Racks: A bicycle rack with a minimum of two (2) spaces shall be provided as shown on APPROVED EXHIBIT A 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 as shown on APPROVED EXHIBIT A. 13. Window Signs No signage has been approved under PP 2013-244. Signage on the subject property shall conform to Specific Plan No. 248 "Design Guidelines" which allows the following for signage within storefront windows: Window signs may cover a maximum of 25% of the total area of the windows on the primary frontage. 14. No Outdoor Advertising. No outdoor advertising display, including, but not limited to, tire displays, billboards, temporary signage, or wall and monument signs (not including on -site advertising or directional signs [to be approved under a separate minor plot plan]) shall be constructed or maintained within the property subject to this approval. 15. Reclaimed Water. The permitee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 16. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. Page 7 of 47 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. 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. Comply with. Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 2368 was prepared by Salem Engineering Group, Inc. for this project (PP 2013- 244) and is entitled: "Geotechnical Engineering Investigation Proposed America's Tire Store Newport Road and Haun Road Menifee, California", dated October 31, 2013. GEO No. 2368 concluded: 1. Active faulting does not exist at the subject site. 2. The property is considered subject to relative high groundshaking, and the proposed structures should be designed accordingly. 3. The site soils have a low potential for liquefaction under seismic conditions. 4. Seismic densification of dry -to -damp alluvial sandy soils due to onsite seismic activity is calculated to have a total settlement of approximately 0.13 inches. 5. Landslide/slope instability/rock fall issues pose a very low risk. 6. Tsunami and inundation and not considered significant hazards. 7. Except for exposure during construction, wind and water erosion should not be a concern. GEO No. 2368 recommended: 1. The proposed structures should be designed in consideration of the property's relative high groundshaking potential. 2. Verification of the extent of fill should be determined during site grading. Any uncompacted fill materials should be replaced with engineered fill. 3. The upper 12 inches of soil within the concrete slab and exterior flatwork areas should be replaced with "non -expansive' soils. Page 8 of 47 20. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins, tire racks, used or discarded automotive parts or equipment, permanently disabled, junked or wrecked vehicles, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 21. Limitations on Vehicle Parking. The parking area shall be used for employee and customer parking only and not for the overnight or long-term storage of vehicles. Additionally, no vehicle to be serviced or repaired shall be parked or stored on any adjacent street or property. 22. Repair Activities. All repair activities and operations shall be conducted entirely within the enclosed building. Outdoor hoists are prohibited. 23. Hours of Construction. Construction activities shall be restricted to the hours of 6:30 a.m. to 7:00 p.m. Monday through Saturday and are prohibited on Sundays and federal holidays. 24. 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 PMloand 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 PMio and PM2.e fugitive dust haul road emissions by approximately 44%. 25. 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. 26. Truck Loading Activities. Truck loading activities for Building A shall occur in the designated loading area as shown on APPROVED EXHIBIT A. Truck loading activities shall be scheduled and located in areas so as not to obstruct vehicle movement into and within the site or significantly reduce the amount of available parking. Truck loading shall not occur within the main entry drive aisle as shown on APPROVED EXHIBIT A. Page 9 of 47 ARCHEOLOGY 27. 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 Property Owner. 28. 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 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. LANDSCAPING 29.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). Page 10 of 47 30. 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. 31. 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. 32. 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 33. 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 Resolution No. 13-320 (Cost of Services Fee Study), 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 34. Permission for Offsite Grading. Prior to the issuance of grading permits, the applicant shall submit for approval a letter of consent from the affected property owner(s) permitting the proposed offsite grading. The applicant shall obtain approval of the letter of consent from the Community Development Director before grading can occur. If the applicant is unable to obtain an offsite grading permission letter, the applicant shall submit to the Community Development Department detailed plans and obtain approval of a retaining wall on the north and west sides of the property such that no grading occurs on the adjacent property. The retaining wall shall include a masonry cap along the entire length of the wall (instead of a mortar cap) and shall include a concrete masonry unit other than precision block. 35. Fugitive Dust Control. The permittee 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 Page 11 of 47 soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install 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 12 of 47 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 36. Archeologist Retained. Prior to issuance of a grading permit, 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. 37. Native American Monitoring (Pechanga). 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 qualified tribal monitor(s) from the Pechanga 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 Page 13 of 47 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. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 38. Native American Monitoring (Soboba). 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 qualified tribal monitor(s) from 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. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 39. 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 associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, 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 such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). Page 14 of 47 PALEONTOLOGY 40. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permitee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows A. The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as -needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. Page 15 of 47 F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. 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 0.93 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 PP 2013-244, 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. Page 16 of 47 Prior to Issuance of Building Permit 43. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 44. Submit Building Plans. Prior to the issuance of a building permit, the permitee shall submit building plans with the City of Menifee Building and Safety Department for building permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT B. 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. 45. 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. 46. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 47. 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. 48. Roof -Mounted Equipment Plans. All building plans shall be subject to Community Development Department approval. Planning staff will verify that all roof -mounted equipment has been screened in compliance with approved Exhibit B prior to building permit issuance. The screening of this equipment shall be verified by Planning staff in the field prior to final occupancy. Page 17 of 47 49. 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. 50. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of building permits, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the Riverside County Waste Management Department for review and approval. The plot plan shall conform to Design Guidelines for Recyclables Collection and Loading Areas, provided by the Waste Management Department, and shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/fagade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. 51. Waste Recycling Plan. Prior to the issuance of building permits, a Waste Recycling Plan (WRP) shall be submitted to the Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. 52. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a security plan for the site. 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. For further information, please contact Sergeant Tim Elwell at the Perris/Menifee Police Station at (951) 210-1084 or via email at telwel I(a)riversidesheriff.ora. LANDSCAPING 53. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged Page 18 of 47 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. 54. 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. 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 Page 19 of 47 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 (6) 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. 55. Crime Prevention through Environmental Design Guidelines. Pursuant to correspondence received on similar project in the City of Menifee from the Riverside County Sherriff's Department, all plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 56. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for 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 57. 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. 58. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 59. 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 60. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 61. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 62. 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. Page 20 of 47 63. Waste Management Clearance. Prior to issuance of an occupancy permit, the applicant shall obtain a clearance letter from the Waste Management Department indicating that the recyclables collection and loading area has been constructed in compliance with the Recyclables and Loading Area plot plan, as approved and stamped by the Riverside County Waste Management Department. 64. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee 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. 65. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block with landscaping screening, roof covering and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 66. Lighting. Exterior lighting shall be consistent with the approved building plans. 67. 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. 68. 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 Sherriff Department's requirements prior to final occupancy. 69. Final Planning Inspection. The permitee shall obtain final occupancy sign -off from the Planning Division for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, etc. The permitee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. ARCHEOLOGY 70. Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Page 21 of 47 Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre -grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR), one (1) copy shall be submitted to the Soboba Cultural Resources Department, and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. PALEONTOLOGICAL 71. Paleontological Monitoring Report. Prior to building permit issuance and/or final on grading, the permitee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. A deposit for the review of the report will be required. LANDSCAPING 72. 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?" 73. Landscape/Irrigation Install Inspection The permitee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a 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. 74. 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 Page 22 of 47 weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 75. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 76.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. 77. 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. 78. 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. 79. 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 23 of 47 Section III: Engineerinq/Transportation/ Gradinq Conditions of Approval Page 24 of 47 General Engineering Conditions 80. 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. A Pre -Construction meeting is mandatory with the City's Public Works Senior Inspector prior to starting any construction activities for this site. 81. Additional Requirements for Grading Construction Notes and Engineering Details. a. APPROVAL OF THIS PLOT PLAN, SUBJECT TO THE FOLLOWING CONDITIONS, DOES NOT CONSTITUTE APPROVAL OF CONSTRUCTION NOTES, STANDARDS, OR DETAILS AS SHOWN ON THE PLOT PLAN. While the Grading and Construction Notes and Engineer's Details are helpful for illustration purposes, the applicable Construction Notes and City of Menifee Standards will be checked thoroughly with the Precise Grading Plan Submittal. b. Provide APN or Tract numbers adjacent to site (typical for all sheets). c. While not applicable to this Plot Plan, use the most -current Grading Notes from Grading Checklist on City of Menifee website when submitting Precise Grading Plan. d. Horizontal Control Plan does not have any horizontal control information. Please include horizontal control information. e. Offsite Grading Permit will be required when submitting for Precise Grading Plan/Permit. f. Consider separating Preliminary Grading Plan from Drainage Plan as currently the plan appears crowded. g. Submit a Geotechnical and Preliminary Soils Report. h. A Hydrology and Hydraulics Study/Report is required with this submittal. CIRCULATION AND DEDICATIONS 82. 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. 83.Off-Site Parking. This project shall not have off -site parking on the street. 84. Traffic Signal Mitigation Program. The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 85. 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. Page 25 of 47 86. Driveways and Driveway Approaches. Driveways and Driveway Approaches shall be designed and constructed per Modified County of Riverside standard 207A or City of Menifee Standard if any modifications are posted on City website. The proposed driveway, as shown on the Plot Plan, shall be constructed prior to building occupancy and per City of Menifee Standards and Specifications. 87. Paving. Roadway Paving shall conform to Ordinance 461. The applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. Any paving and/or paving repairs for utility street cuts, shall be per City of Menifee Standards and Specifications and as approved by the City Engineer. 88. Road Improvements. 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. 89. 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. 90. 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 Concrete of 3,250 psi. 91. Landscape and Lighting Maintenance District (L&LMD)**. The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed Engineering Department application b. Two (2) sets of street lighting plans approved by Engineering Department. c. Two (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. ** If the County of Riverside does not accept further annexations into its L&LMD, then the applicant shall annex into an existing or proposed Citywide CFD or propose an alternate mechanism for maintenance, as approved by the City Engineer. 92. 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. 93. 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. Page 26 of 47 94. 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. 95. 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. GRADING AND DRAINAGE 96. 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. 97. 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. 98. 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/sails, 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. 99. Grading Bonds. Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 100. 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 Page 27 of 47 be submitted and approved by the Engineering department prior to grading operations. 101. 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. 102. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 103. 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. 104. 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 15 105. 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. 106. 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 28 of 47 107. 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 fora lesser grade. 108. 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. 109. Drainage Facilities and Terracing. Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 110. 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. 111. 100-Year Drainage Facilities. All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. 112. Flood Control Encroachment Permit. This project proposes to connect to a storm drain facility maintained by Riverside County Flood Control and Water Conservation District. A clearance letter from the District shall be obtained prior to grading. 113. Flood Hazard Report. As part of the Drainage Study, a Flood Hazard Report shall be submitted for approval to the City Engineering Department. The Flood Hazard Report shall comply with all applicable FEMA zones. 114. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. NPDES AND WQMP 115. WQMP. To comply with the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033 and the City of Menifee's Local Implementation Plan, this project is required to develop a Project Specific Water Quality Management Plan (WQMP). This report identifies a) potential post -project pollutants and hydrologic impacts associated with the development; b) proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) sustainable funding and maintenance mechanisms for the aforementioned BMPs. The developer has submitted a PRELIMINARY Project Specific WQMP which has been approved by the City. Prior to recordation of the final parcel map or issuance of a building permit, the developer shall submit a FINAL Project Specific WQMP for review and approval. Construction plans shall incorporate all of the Page 29 of 47 structural BMPs identified in the approved FINAL Project Specific WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL Project Specific WQMP. 116. 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. Prior to Issuance of Grading Permit CIRCULATION AND DEDICATIONS 117. Improvement Plans. When and if using existing improvement plans for building the required improvements, these improvements plans shall be As Built at the conclusion of the project. 118, 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. 119. 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. a. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. b. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 120. 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. Page 30 of 47 GRADING AND DRAINAGE 121. 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. 122. 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. 123. Plan Submittals. Three (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 9"x12". A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 124. 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. 125. Site Drainage. Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. NPDES AND WQMP 126. 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 401certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 127. 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. 128. Trash Enclosures. The City of Menifee is a Co-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Page 31 of 47 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, as approved by EMWD. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed after obtaining approval by EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Any standing liquids in existing trash enclosures without a floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be put in the sanitary sewer, in accordance with EMWD criteria. The use of uncovered trash enclosures is no 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. Page 32 of 47 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. 129. BMP Maintenance Agreement. Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 130. NPDES/SWPPP Requirement. 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. Prior to Issuance of Building Permits GRADING AND DRAINAGE 131. 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. 132. Conform to Elevations/Geotechnical Compaction. Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer -of -Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the City Engineering Department. 133. 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. 134. Street Light Plan. A separate street light plan is required for this project. Street lighting shall be designed in accordance with Street Light Specification Page 33 of47 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. 135. 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. 136. Ordinances No. 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. NPDES AND WQMP 137. 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. 138. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. Prior to Certificate of Occupancv CIRCULATION AND DEDICATIONS 139. Public Improvements. All required public improvements shall be completed to the satisfaction of the City Engineer. 140. Landscape and Lighting Maintenance District (L&LMD)**. 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). ** If the County of Riverside then the applicant shall an propose an alternate mecl Engineer. does not accept further annexations into its L&LMD, iex into an existing or proposed Citywide CFD or anism for maintenance, as approved by the City Page 34 of 47 141. 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. 142. Completion of L&LMD Annexation**. Prior to issuance of an occupancy permit, the applicant 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. ** If the County of Riverside does not accept further annexations into its L&LMD, then the applicant shall annex into an existing or proposed Citywide CFD or propose an alternate mechanism for maintenance, as approved by the City Engineer. 143. 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. GRADING AND DRAINAGE 144. 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. 145. 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. 146. 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. 147. 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. 148. BMPs Installed. All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and Page 35 of 47 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. 149. 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 36 of 47 Section IV: Riverside County Fire Department Conditions of Approval Page 37 of 47 General Conditions 151. 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-PP-244) is required on all correspondence. Additional information is available at our website: www.rvcfire.orq 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 152. 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. 153. High Storage. A separate permit may be required for high -pile storage and/or racks. Sprinkler Plans and/or sprinkler review must be submitted by a licensed sprinkler contractor with storage and/or rack plans to Riverside County Fire Department for review and approval of the 2010 CFC Chapter 23 compliance. Complete information re: all commodities stored, rack dimensions, placement in building, sprinkler densities, etc. must be provided with suppression system for racks and/or high -pile storage review. A complete listing of commodities, Classified using CFC Chapter 23 of the 2010 Edition and NFPA 13, 2010 Edition guidelines by a licensed Fire Protection Engineer (or other consultant approved by this jurisdiction). (Current plan check deposit base fee is $348.00) 154. 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. 155. Minimum Required Fire Flow. Minimum required fire flow shall be 1,500 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. 156. Super Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. Prior to Issuance of Building Permit 157. 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. 158. 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 38 of 47 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 159. 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. 160. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010 edition in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s). All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of 25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check deposit base fee is $614.00 per riser) applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout (current monitoring plan check deposit base fee is $192.00) 161. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to center above the floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. Page 39 of 47 Section V: Riverside County Environmental Health Conditions of Approval Page 40 of 47 General Conditions 162. General Comments. This project is proposing Eastern Municipal Water District (EMWD) water and sewer service. Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within their service area. It is the responsibility of the permitee to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor or oil/water separator tank requirements, including sizing capacity and minimum structural specification, if necessary. All existing septic systems and/or wells, if any, shall be properly removed or abandoned under permit with the Department of Environmental Health. 163. 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). 164. 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. 165. Construction Mufflers. All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 166. Construction Areas. During construction, best efforts should be made to locate stockpiling and/or stationary noise -generating construction equipment from the property line of existing sensitive receptors, when and where feasible. 167. Maintenance of Equipment. Equipment must be maintained so that parts of vehicles and their loads are secured from rattling and bangin. 168. 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.). It is recommended that all pneumatic tools be equipped with silencers and always properly tunes. 169. Truck and Equipment Idling. Reduce delivery truck noise by minimizing engine idling time during deliveries. Idling equipment shall be turned off when not in use. 170. Hours of Operation. The operation of America's Tire store must operate between the daytime hours of 7:00 a.m. and 10:00 p.m. Page 41 of 47 171. No Outdoor Repair of Vehicles. The repair of vehicles should occur within the garage bay itself and no repairs should occur outside the building area. Prior to Building Final/Occupancy Conditions 172. Business Emergency Plan. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. Page 42 of 47 Section VI: Riverside County Environmental Programs Department Conditions of Approval Page 43 of 47 Prior to Grading Permit Conditions 173. 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 Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. Page 44 of 47 Section VII: Riverside Countv Flood Control and Water Conservation District Conditions of Approval Page 45 of 47 Prior to Grading Permit Conditions 174. Encroachment Permit. An encroachment permit shall be obtained for any construction -related activities occurring within Flood Control District right-of-way or facilities. For further information, contact the District's encroachment permit section at (951) 955-1266. Page 46 of 47 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) Page 47 of 47