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PC14-182Resolution No. PC 14-182 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PLOT PLAN NO. 2013-210 FOR INTERNATIONAL AUTO CRAFTERS Whereas, on October 11, 2013, the applicant, Ryan Brothers, LLC., filed a formal application with the City of Menifee for a Plot Plan to construct and operate a new 17,007 square foot building for an automotive body shop on a 1.37 acre parcel (APN: 336-380-021) north of Haun Road, south of Salt Creek and west of Instate 215 within the City of Menifee; and, Whereas, on October 8, 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. 2013-210, 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 public hearing to October 22, 2014; and, Whereas, on October 22, 2014, the Planning Commission held the continued 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. 2013-210; and, Whereas, on October 22, 2014, the City of Menifee Planning Commission made the following Findings for Plot Plan No. 2013-210: 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 3 (Industrial Park). 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. The project is consistent with the following General Plan policies: CD-3.3 Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes, but is not limited to: appropriate placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing). CD-3.8 Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses. CD-3.16 Avoid use of long, blank walls in industrial developments by breaking them up with vertical and horizontal facade articulation achieved through stamping, colors, materials, modulation, and landscaping. Resolution No PC 14-182 PP 2013-210 October 22, 2014 CD-3.22 Incorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either Interstate 215 or residentially designated property. CD-4.7 Design new landscaping, structures, equipment, signs, or grading within the scenic corridors for compatibility with the surrounding scenic setting or environment. N-1.1 Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications. N-1.2 Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the City's Municipal Code, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes. N-1.8 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and City noise standards and guidelines as a part of new development review. Properties to the south, east and designated for industrial park and Creek) is designated Recreation surrounding general plan land uses west are also within the Specific Plan and office uses. To the north, the property (Salt (OS-R). The project is compatible with the 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 an industrial 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 3 (Industrial Park) as noted above. The Specific Plan refers back to the Industrial Park (I-P) zoning classification of Ordinance No. 348. The project is consistent with existing zoning and development standards. Surrounding zoning includes Watercourse, Watershed and Conservation (W-1) to the north, Newport Hub Specific Plan, Planning Area 3 (Industrial Park) to the east and west and Newport Hub Specific Plan Planning Area 2 (Office) to the south. These zoning classifications are compatible with the Specific Plan, Planning Area 3 zone of the project site. Resolution No PC 14-182 PP 2013-210 October 22, 2014 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 of the project site abuts Salt Creek. There is an access road and fencing that separates the site from the creek. Haun Road bounds the site on the southern property line and beyond is vacant property currently proposed as future offices for the Menifee Union School District. To the east of the site is vacant land and Interstate 215. City Hall is located directly to the west of the site, with other industrial uses beyond. 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 project and enhance the area. Environmental impacts resulting from the project have been analyzed in a Mitigated Negative Declaration (MIND). The MND determined that potential impacts, including, but not limited to, air quality, greenhouse gas emissions, water quality, noise and traffic, would all be less than significant. As such, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration has been completed for the proposed project. The Mitigated Negative Declaration/Environmental Assessment did not identify any potentially significant impacts. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: The Mitigated Negative Declaration for the project is hereby approved and adopted. 2. The Findings set out above are true and correct. 3. Plot Plan No. 2013-210 is hereby approved subject to the Conditions of Approval attached as Exhibit "A" to this Resolution. Resolution No PC 14-182 PP 2013-210 October 22, 2014 PASSED, APPROVED AND ADOPTED this toe 22Id day of October, 2014. Chairman Attest: J nnifer Allen, Deputy Clerk Approved as to form: L4 it _ /p 1� 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. PC14-182 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 22nd day of October, 2014 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek Noes: Thomas Absent: None Abstain: None l nifer Allen, Planning Commission Secretary EXHIBIT 99 1" Conditions of Approval for Plot Plan No. 2013-210 "International Auto Crafters" Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Page 1 of 43 Section I: Conditions olicable to all Departments Page 2 of 43 General Conditions 1. Description. Plot Plan No. 2013-210 is for the proposed construction and operation of a new 16,093 sq. ft. tilt -up building for an auto body repair shop on a 1.37-acre parcel. Access to the project site is proposed off of Haun Road (APN 336-380-021). 2. Indemnification. The permittee 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 permittee'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. 2013-210 (PP 2013-210), 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. 2013-210 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. 2013-210, dated 8/4/14. APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan No. 2013-210, Sheets 1-8, dated 8/18/14. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2013-210, dated 8/4/14. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2013-210, dated 8/4/14. APPROVED EXHIBIT L = Landscaping and Irrigation Plan (Construction Drawings) for Plot Plan No. 2013-210, Sheets 1-7, dated 9/15/14. APPROVED EXHIBIT M = Color, Material Board and Lighting Sample for Plot Plan No. 2013-210, dated 8/4/14. APPROVED EXHIBIT S = Sign Program for Plot Plan No. 2013-210, dated 8/4/14. 4. 90 Days. The permittee 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 Page 3 of 43 other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, 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 permittee 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 43 Section II: Planning Conditions of Approval Page 5 of 43 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, M and S unless otherwise amended by these conditions of approval. 10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 11. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 12. Parking. Parking was determined based on the following: ,wi sa_tL- -maji pares/VtiU ales/storage/office square feet of 21 area) floor area 66 15 service bays 3 spaces /service hav 45 A minimum of sixty-six (66) parking spaces (including the fifteen [15] service bays) shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department and/or Planning Commission. 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 three (3) 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 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 seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of thirty-six (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 - Page 6 of 43 street parking facility, not less than seventeen (17) inches by twenty-two (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 three (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. 13. Signs The following signs have been approved: a) Two (2) 4'x4' Logos with "International Auto Crafters" in 18" lettering as shown on Approved Exhibit S. i. The type of lettering will be required to be channel lettering, illumination allowed but not required, or other lettering approved y the Community Development Director. b) One (1) 13' wide x 6' tall monument sign, with stone pilasters on ends, stucco base and face, "International Auto Crafters" in channel letters (or other material approved by the Community Development Director) on face and logo. Note: the exhibit is not clear on the material to be used on the main face of the sign. Cabinet signs are not allowed (except for logos) and the main face of the sign must be stucco or other material as approved by the Community Development Director. Any additional signs or substantial modifications to the signage will need to be reviewed and approved under a revision to the sign program by the Planning Commission per the Specific Plan. 14. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 15. Reclaimed Water. The permittee 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 43 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. the following day, and 65 db(A), 10-minute Leq, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 18. Noise Monitoring Reports. The permittee may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee or the permittee's successor -in -interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee's successor -in -interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 19. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, tire racks, used or discarded automotive tires parts or equipment, permanently disabled junked or wrecked vehicles, or metal shipping containers will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 20. Limitations on Vehicle Parking. The parking area shall be used for employee and customer parking only and not for long-term (defined as more than twenty-four (24) hour) storage of vehicles. Additionally, no vehicle to be serviced or repaired shall be parked or stored on any adjacent street or property. Overnight parking is discouraged and the applicant should make all attempts to park vehicles inside the building as possible or within the rear parking area. 21. Repair Activities. All initial review and repair activities and operations shall be conducted entirely within the enclosed building. Outdoor hoists are prohibited. 22. Hours of Construction. Construction activities shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday and are prohibited on Sundays and federal holidays. 23. 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. Page 8 of 43 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 afterwork is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61 %. The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 24. 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. 25. SCAQMD Rules Related to Spray Booths. The project applicant will adhere to the VOC limitations and concentrations pursuant to SCAQMD Rule 1151 and 3008. If the proposed project's operational VOC emissions exceed 20 tons per year, the project applicant will be required to implement further controls of VOC emissions as laid out in SCAQMD Rule 1132. The project applicant will also adhere to the recordkeeping and reporting requirements set out in SCAQMD Rule 3008. 26. AS 341. AB 341 focuses on increased commercial waste recycling as a method to-reduce-greenhouse�gas_(GHG)-emissions The-r€gelation-r-eq- uir-es-businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi -family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencros/recyclying/recycling and compost business.html#m andatory 27. Comply with Geologic Report. County Geologic Report (GEO) No. 2383, submitted for this City of Menifee project, (International Auto Crafters, Inc., PP 2013-210) was prepared by Leighton Conulting, Inc. and is entitled "Geotechnical Exploration Report Proposed International Auto Crafters new building, 29737 New Hub Drive, Menifee, California," dated July 16, 2014. In additiona, Leighton prepared "response to Review Comments — County Geologic Report No. 02383, Propposed International Auto Crafters New building, 29737 New Hub Drive, Menifee, California", dated August 26, 2014. This document is herein incorporated as part of GEO02383. Page 9 of 43 GEO02383 recommended: a. Remedial grading/ground improvement should consist of removing and recompacting the upper 12- to 15-feet beneath the building footprint. b. The horizontal limit of proposed removal should be established by a 1:1 (horizontal: vertical) Projection from the bottom edge of footings downward and outward. c. If the above remedial grading is performed, then the building should be designed in anticipation of 1-inch of total static settlement and 0.5-inch of static differential settlement within a 30 foot horizontal distance. ARCHEOLOGY 28. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. 29. 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 Page 10 of 43 entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." LANDSCAPING 30. 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). 31. 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 building permit landscaping install and inspection condition. 32. 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. 33. 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 34. 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. Page 11 of 43 Prior to Issuance of Gradina Permit 35. 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 grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 36. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee 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 sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; Page 12 of 43 k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. ARCHEOLOGY 37. 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 Page 13 of 43 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. 38. 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 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. 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. 40. Native American Monitoring - Soboba Specific Requirements: Based on consultation with the Soboba Band of Luiseno Indians, monitors from Soboba will only be required for monitoring grading of property within 100 feet of the northern property line. Page 14 of 43 41. Native American Monitoring - Pechanga Specific Requirements: Prior to any grading on the northern half of the project, the Developer or appropriate representative shall meet and confer with the Pechanga Tribe and the Project archaeologist to discuss the need to develop a controlled grading plan. The purpose of the controlled grading on the north is to afford the opportunity to determine whether any subsurface resources, including human remains, could be identified near the creek and if so, to determine appropriate mitigation as determined in the provisions outlined in the Cultural Resources Treatment and Monitoring Agreement. All controlled grading shall be monitored according to the provisions of the Agreement. If it is determined by the Developer or appropriate representative, the Pechanga Tribe and the Project archaeologist at the meeting that controlled grading is not necessary at that time, all parties involved understand that the process of controlled grading still remains a viable option should important cultural resources be identified during grading and/or trenching activities. 42. 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) PALEONTOLOGY 43. 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 permittee 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. Page 15 of 43 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. recovered fossil remains will be prepared to the point of identification and 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. Page 16 of 43 FEES 44. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee 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 1.37 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. 45. Fees. Prior to the issuance of grading permits for PP 2013-210, 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. 46. 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. 47. Submit Building Plans. Prior to the issuance of a building permit, the permittee 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. Page 17 of 43 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 48. 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. 49. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 50. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe box type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. The location of lighting shown on the building is for conceptual purposes only and may be relocated during the building plan check. Parking lot lights shall be consistent with the sample provided and described as Exhibit M. 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. 51. Roof -Mounted Equipment Plans. All roof mounted equipment shall be scr_eened The building plans shall be consistent with APPROVED EXHIBIT B regarding materials and methods for screening. Planning staff will verify that all roof - mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 52. 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. 53. 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 Page 18 of 43 recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. LANDSCAPING 54. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 55. Landscape and Irrigation Plans. Prior to building permit issuance the developer shall submit revised landscaping and irrigation plans and cost estimate to the Community Development Department that include the following changes; 1. Revise bonding cost estimate to reflect required one-year maintenance period, not 90-day maintenance as shown. 2. In accordance with previous plan review comments, the trees at the rear of the property (currently U. parvifolia 'True Green') shall be evergreen year-round to provide an effective vegetative screen. The Elm species shown on the plan is not reliably evergreen year-round. The landscape architect should substitute a dense, evergreen tree for the rear lot to provide year-round screening. 3. To facilitate possible future maintenance of the off site area by the CFD, the off site/ROW shall be separated from the on site landscaped area by a concrete header along the right-of-way. The concrete header shall be 6" x 6" with #3 rebar (centered) reinforcement. In addition, the off site area shall be irrigated with a separate irrigation control valve. The permittee shall submit three (3) sets of the 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, and a cost estimate for the landscaping, irrigation and one - years maintenance. 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 Page 19 of 43 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 Engineering Department only. Slope Landscaping plans for slopes exceeding three (3) feet in height shall be submitted to the Engineering Department. 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 fifteen (15) years growth shading the parking spaces only. Please use AutoCAD to calculate the shade in the parking area for the working drawings. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Curb and Walkway on End Stall Planters. A six (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. 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 is estimated to be $3,500. 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 permittee. Page 20 of 43 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. Paleontological Monitoring Report. Prior to final inspection, the permittee 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. 61. 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. 62. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. nuur rviuumeu cquipment. rrior io Tinai occupancy, uommunity uevelopment staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 64. 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. The applicant is also required to provide evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP to the Planning Division of the Riverside County Waste Management Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. 65. 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. 66.Trash Enclosures. One (1) trash enclosure which is adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A, and 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 Page 21 of 43 architecturally enhanced and made with masonry block (including masonry cap) 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. 67. Lighting. Exterior lighting shall be consistent with the approved building plans. 68. 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. 69. Final Planning Inspection. The permittee 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 permittee 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 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. LANDSCAPING 71. Soil Management Plan The permittee 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?" Page 22 of 43 72. Landscape/Irrigation Install inspection The permittee 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. 73. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 74. Final Landscape Approval The final landscape approval and approval of the Citv's Lan following installation shall be subject to the review Iscape 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 75. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee 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. 76.Open Space Fee (MSHCP). 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 permittee shall comply with the provisions of Riverside County Ordinance Page 23 of 43 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. 77. 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 permittee. Page 24 of 43 Section III: Engineering &Public Works Department Conditions of Approval Page 25 of 43 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail: A. GENERAL CONDITIONS: 78. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 79. Mylars Required. All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 80. Plan Check Submittals - Appropriate plan check submittal forms shall be completed and required plan copies, necessary documents, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms. All submittals shall be date stamped by the engineer. 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 all final approved grading and improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon 81. Construction Times of Operation. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) 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. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. (d) A Pre -Construction meeting is mandatory with the City's Public Works Senior Inspector prior to start of any construction activities for this site. 82. Bond Agreements and Improvement Security — The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the Page 26 of 43 construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, water quality BMPs, and storm drainage facilities. 83. As -Built Plans — The developer/property owner shall cause the civil engineer of record to submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as -built plans. The timing for submitting the as -built plans shall be as determined by the Public Works Director/City Engineer. B. GRADING AND DRAINAGE All grading shall conform to the latest adopted edition of the California Building Code, the Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 84. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. 85. Slope Landscaping and Irrigation — All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Slopes and/or trees per Riverside County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 86. Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per the Riverside County Ordinance 457. 87. Erosion Control Plans — All grading plans shall require approved erosion control plans. Graded but undeveloped land shall provide, in addition to erosion control planting, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (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 a rain event, or before an anticipated rain event. 88. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the developer/property owner in accordance with Air Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. 89. Design Grade 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%. Five percent grade is the maximum slope for any parking area. Page 27 of 43 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 receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. c. Slopes - All manufactured slopes exceeding 3 feet 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%. Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 90, Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 91. Use of Maximum and Minimum Grade Criteria —Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved 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, and will need to be removed and replaced at developer's or owner's expense. 92. Drainage Facilities and Terracinq - Provide d facilities and terracing in 93. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 grade, 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a licensed geotechnical engineer. 94. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. 95. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. PRIOR TO GRADING PERMIT ISSUANCE; The following conditions must be satisfied: 96. 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 activities. 97. Compliance with NPDES General Construction Permit — The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Page 28 of 43 Notice of Intent (NO]) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans. For additional information on how to obtain a GCP, contact the SWRCB. 98. SWPPP - Prior to approval of a grading plan, the developer/property owner shall comply with the Federal Clean Water Act and prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. A copy of the SWPPP shall be made available at the construction site at all times during construction. 99. Geotechnical and Soils Reports Requirement— Prior to issuance of any grading permit, geotechnical/soils reports shall be submitted to the Public Works Engineering Department for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City Building and Safety Grading Inspection process. All grading shall be done in conformance with the recommendations of the City approved geotechnical/soils reports, and under the general direction of a licensed geotechnical engineer. 100. Grading Bonds — Prior to issuance of a grading permit for any grading in excess of 50 cubic yards, the developer/project owner shall post adequate performance security with the Public Works Engineering Department. 101. Import/Export — Prior import or export of dirt the Public Works Engil to issuance of a grading permit, grading plans involving shall require approval of the import/export locations from eering Department. Additionally, if either location was not an Environmental Site Assessment. a Environmental Site Assessment shall be submitted for review and approval by the Public Works Engineering Department prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. 102. Offsite Grading Easements - Prior to the issuance of a grading permit, the developer/property owner shall be responsible for obtaining all required easements and/or permissions necessary to perform offsite grading, from affected land owners. A notarized and recorded agreement or documents shall be submitted to the Public Works Engineering Department. 103. Perpetual Drainage Patterns - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. Prior to issuance of a grading permit, a copy of the recorded drainage easements from all affected property owners shall be submitted to the Public Works Engineering Department. 104. Flood Control Encroachment Permit — This project proposes to connect to a storm drain facility owned and maintained by Riverside County Flood Control and Water Conservation District. An encroachment permit and/or a clearance letter from the District shall be obtained prior to issuance of a grading permit. PRIOR TO BUILDING PERMIT ISSUANCE: The following conditions must be satisfied: Page 29 of 43 105. No Building Permit without Grading Permit - Prior to issuance of any building permit, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 106. Final Rough Grading Conditions — Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 107. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following conditions must be satisfied: 108. Final Grade Certification — Prior to issuance of Certificate of Occupancy, the developer/property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 109. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. STREETS AND DEDICATIONS Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, the Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. 110. Acceptance of Public Roadway Dedication and Improvements — Easements and right -of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. 111. 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 Public Works Director/City Engineer and the City Building Official. 112. Paving or Paving Repairs — The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director/City Engineer. Page 30 of 43 113. Concrete Work —All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28 day minimum concrete strength of 3,250 psi. 114. Street Light Plan - Street lighting locations shall be designed in accordance with City Standard No. 1000, and the Street Light Specification Chart in Section 22 of Ordinance 461. For projects within SCE boundaries use Standard No's 1000 or 1001 of Ordinance 461. 115. Sewer Lines —AII 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 Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 116. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 117. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Riverside County Ordinance Numbers 460 and 461, or as approved by the Public Works Director/City Engineer. 118. Encroachment Permits —The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 119. Improvement Bonds — Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following conditions must be satisfied: 120. Driveways and Driveway Approaches — Driveways and Driveway Approaches shall be designed and constructed per City of Menifee No. 208. The modified County of Riverside standard 207A may be used as determined by the Public Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. D. TRAFFIC ENGINERING 121. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with the project's grading plans to verify adequate sight distance requirements. The limited use areas shall be shown on the grading plan, and shall be reviewed for approval as part of the grading plan approval by the Public Works Engineering Department. Page 31 of 43 E. 122. Signing and Striping Plan — Prior to issuance of a construction permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 123. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. a. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. b. Traffic safety within the road right-of-way: Include temporary traffic control NPDES and WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP. 124. Trash Enclosures Standards and Specifications — Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Page 32 of 43 Any standing liquids within°the trash enclosures without floor drain-m'ust 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 an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from 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 employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to 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. PRIOR TO GRADING PERMIT ISSUANCE. The following conditions must be satisfied. 125. Final Project Specific Water Quality Management Plan (Final WQMP) - Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial con ormf ance with the approved-PRELIMINARY-WQMP shall -be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non- structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 126. WQMP Maintenance Agreement- Prior to, or concurrent with the approval of the FINAL WQMP, the developer/project owner shall record Covenants, Conditions and Restrictions (CC&R's), or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. These reports/studies shall include, but not limited to the following: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report that include testing for the presence of bio solids/sludge. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following conditions must be satisfied. 127. WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP's and educational and trainina reauirements Page 33 of 43 for said BMP's as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. 128. Inspection of BMP Installation - Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT PRIOR TO BUILDING PERMIT ISSUANCE. The following conditions must be satisfied: 129. Annexation to the Citywide Community Facilities District (Citywide CFD). Prior to issuance of a building permit, the developer/property owner shall complete the annexation of the proposed site development, into the boundaries of the City of Menifee Citywide Community Facilities District (citywide CFD), currently in formation. The citywide CFD shall be responsible for: (a) The maintenance of public improvements or facilities that benefit this evetopmant,-andsJarJ.icated_to the_City_for-CED-maintenance-_T_hase-shall include but not limited to, public landscaping, streetlights, traffic signals, street maintenance, drainage facilities and other public improvements or facilities as approved by the Public Works Director/City Engineer. (b) The payment of emergency safety services (Police and Fire) that benefit this development. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 130. CFD Annexation Agreement - In the event timing for this development's schedule prevents the developer/property owner from complying with this condition of approval, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the issuance of the building permit but prior to issuance of Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to recordation. G. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY 131. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the right-of-way, shall be landscaped and irrigated per City standards and guidelines. 132. Maintenance of Parkway Landscaping - The developer/property owner shall have the option of irrigating and maintaining the parkway landscaping within the public right of way, fronting the property on Haun Road, by connecting the irrigation system to the onsite private controller. In the event the developer/property owner or future property owners are unable to maintain the described parkway area to Page 34 of 43 City standards, the developer/property owner may be required to separate the public parkway area from the private areas by providing a separate controller and meter for the public parkway area. All costs associated with the modification of the irrigation system shall be the responsibility of the developer/property owner. The property owner would also be assessed for the maintenance cost. 133. Separate Meter — The Landscaping and Irrigation Plans indicate landscape improvements for both on -site and off -site (public right of way) areas. The off -site area shall be maintained by the property owner until such a time as the off -site landscape area is annexed in the citywide district for maintenance purposes. The property owner acknowledges that installation of a separate irrigation water meter may be required prior to acceptance of the off -site area for maintenance. H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 134. Fees and Deposits — Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 35 of 43 Section IV: Riverside County Fire De ortment Conditions of Approval Page 36 of 43 General Conditions 135. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (13-MENI-PP-244) is required on all correspondence. Additional information is available at our website: www.rvcfire.org. or go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 136. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 137. High 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,- prinkLersleraUies,--etc. must_be-nmvLded witb--suppr_essL nc—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) 138. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 139. Minimum Required Fire Flow. Minimum required fire flow shall be 1,500 GPM for a two (2) hour duration at twenty (20) Pounds Per Square Inch (PSI) residual operating pressure, which must be available before any combustible material is placed on the job site. 140. Super Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not less than twenty-five (25) feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. 141. Rapid Hazmat Box. Rapid Entry Hazardous Material Data and key Storage Cabinet shall be installed on outside of the building. Plans showing the location of cabinet(s) shall be submitted to the Riverside County Fire Department for approval prior to installation (Current plan check deposit base fee is $126.00). 142. Gate Entrances. Gate Entrances shall be at least two feet wider than the width of the traffic lane(s) serving the gate. Any gate providing access from a road to a driveway shall be located at least thirty-five (35) feet from the roadway and shall Page 37 of 43 open to allow vehicle(s) to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, forty (40) foot turning radius shall be used. 143. Auto/Man Gates. Gate(s) shall be automatic or manual operated, minimum twenty (20) feet width, with a setback of thirty-five (35) feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed thirty (30) foot pounds. Automatic gates shall remain open until closed by the rapid entry system. Current plan check deposit based fee is $126.00. Prior to Issuance of Building Permit 144. 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. 145. Water Plans. The applicants or developer shall separately submit two (2) copies of the water system plans to the Fire Department for review and approval. 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 Fire Department." Prior to Final Inspection 146. Fire Lanes. The permittee shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 147. 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 fifty (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.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout (current monitoring plan check deposit base fee is $192.00) 148. 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 Page 38 of 43 maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 149. Spray Booth. A Spray Booth fire extinguishing system must be installed in the booth. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee of $215.00 to the Fire Department for review and approval prior to installation. 150. Welding and Other Hot Work. Welding and other hot work shall comply with the 2013 California Fire Code, Chapter 35. Conditions of approval may change based on conditions hazardous to life, property or public welfare in the occupancy of structures or premises, and fire hazards in the structure or on the premises from occupancy or operation. Page 39 of 43 Section V: Riverside Cou Environmental Health Conditions of A rova I Page 40 of 43 General Conditions 151. 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 permittee 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. 152. Retention Basin(s) - No Vectors. Any proposed retention basin(s) shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. 153. 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"), between 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-standerd). 154. 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 7:00 p.m. and 7:00 a.m. 155. Construction Mufflers. All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 156. 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. 157. Hazardous Materials - General. If a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered during development at the site, construction activities shall cease and RCDEH-ECP and/or the appropriate regulatory agency shall be notified immediately. Additionally, further assessment and/or clean up may be required. Prior to Building Permit Issuance Conditions 158. Hazardous Materials Management Branch (HMMB) Permits. Prior to issuance of a building permit, the applicant shall submit to the HMMB a complete set of construction plans for the proposed auto body repair shop. Applicable fees shall apply. For further information, please contact HMMB at (951) 766-2824. Prior to Building Final/Occupancy Conditions Page 41 of 43 159. Hazardous Materials Management Branch (HMMB) Permits. Permits from the HMMB must be obtained for the operation of the auto body repair shop prior to occupancy. For further information, please contact HMMB at (951) 766-2824. 160. Business Emergency Plan. The facility will require a business emergency plan (BEP). The BEP shall be submitted to the HMMB for review and approval. Contact a Hazardous Materials Specialist, Hazardous Materials Management Branch, at (951) 766-2824 for any additional requirements. 161. HMMB Clearance. Prior to building final, clearance from the HMMB shall be required to ensure that the project has met the following requirements: a. Underground storage tanks, Riv. County Ord. #671.4 (if applicable) b. Hazardous Waste Generator Services, Riv. County Ord. #615.3 C. Disclosure and Emergency Response Plans, Riv. Co. Ord. #651.2 d. Waste Reduction Management e. Other additional requirements as determined by HMMB including but not limited to the issuance of pertinent operating permits. Page 42 of 43 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 43 of 43