Loading...
PC15-193Resolution PC 15-193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO, 2014-146 FOR THE MENIFEE UNION SCHOOL DISTRICT — DISTRICT EDUCATION CENTER Whereas, on June 13, 2014, the applicant, WLC Architects, Inc., filed a formal application with the City of Menifee for a Plot Plan for the construction and operation of a two-story 44,932-square-foot (first floor: 30,790 sq. ft.; second floor: 14,143 sq. ft.) concrete tilt -up office building for the Menifee Union School District to serve as the District Education Center, including parking lot, landscaping and irrigation on 6.1 acres and bounded to the south and west by New Hub Drive and to the north and east by Haun Road (APNs 336-380-033 through 336-380-040) within the City of Menifee; and Whereas, on January 14, 2015, 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. 2014-146, 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; and Whereas, on January 14, 2015, the Planning Commission opened the public hearing and continued the public hearing for Plot Plan No. 2014-146 to January 28, 2015; and Whereas, on January 28, 2015, the Planning Commission held the continued public hearing on Plot Plan No. 2014-146, which hearing was not required to be re - noticed, because the project was continued to a date certain (i.e., January 28, 2015) at the January 14, 2015 hearing, considered all public testimony as well as all materials in the staff report and accompanying Addendum to Environment Impact Report No. 264; and Whereas, on January 28, 2015, the City of Menifee Planning Commission made the following Findings for Plot Plan No. 2014-146: 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 2 (Office). The intent of this land use designation is to recognize areas where an existing Specific Plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The proposed project conforms to the zoning, design guidelines and development standards of the Specific Plan. Surrounding General Plan Land Use designations are Specific Plan (Newport Hub), specifically Planning Area 1 (Retail/Commercial) to the south and east and Planning Areas 3 and 4 (Light Industrial) to the west and north. The project is consistent with these surrounding existing and planned retail/commercial and light industrial land uses. Resolution No PC 15-193 PP 2014-146 January 28, 2015 In addition, 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-3.19 Design walls and fences that are well integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance. 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. CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planting of street trees throughout the City. CD-6.7 Integrate project signage into the architectural design and character of new buildings. 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. 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 Resolution No PC 15-193 PP 2014-146 January 28, 2015 boundaries of the Western Riverside County MSHCP; however, the project is not located with an MSHCP Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Specific Plan (Newport Hub), Planning Area 2 (Office) as noted above. The Specific Plan refers back to the Scenic Highway Commercial (C-P-S) classification of Ordinance No. 348 (Article IXb). The project is consistent with existing zoning and development standards. Surrounding General Plan Land Use designations are Specific Plan (Newport Hub), specifically Planning Area 1 (Retail/Commercial) to the south and east and Planning Areas 3 and 4 (Light Industrial) to the west and north. These designations are compatible with the Specific Plan and the Planning Area 2 zone of the project site. 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The northern project boundary abuts vacant parcels that are also designated for "office" land uses. To the east lies vacant land and existing multi -tenant medical office buildings. To the west are multi -tenant industrial and office buildings. To the south is vacant land that is designated for retail commercial and the Newport Town Square shopping center. The proposed project is compatible with the surrounding land uses, General Plan land use designations and zoning classifications and provides an intentional transition between the retail/commercial uses to the south and east and the more industrial uses to the north and west. The project incorporates quality architecture and landscaping which will both buffer office uses from adjacent land uses and vice versa and enhance the aesthetics of the area. Environmental impacts resulting from the project have been analyzed in an Addendum to the previous EIR (EIR No. 264), The Addendum 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. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. Plot Plan No. 2014-146 is hereby approved subject to the Conditions of Approval attached as Exhibit "A" to this Resolution. Resolution No PC 15-193 PP 2014-146 January 28, 2015 PASSED, APPROVED AND ADOPTED this the d of January, 2015. Chris Thomas Chairman Attest: J nifer Allen, Deputy City Clerk Approved as to form: AjitTfiind, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro 7em Wallace W. Edgerton Councilmember Greg August Councilmember Matthew Llesemeyer Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 www.dtyofinenifee.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. PC15-193 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 281h day of January, 2015 by the following vote: Ayes: Folsom, Karwin, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None Je fifer Allen, Deputy City Clerk EXHIBIT "1" Conditions of Approval for Plot Plan No. 2014-146 "Menifee Union School District — District Education Center" Section I: Conditions Applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Section VI: Riverside County Flood Control and Water Conservation District Page 1 of 48 Section I: onditions Applicable to all Departments Page 2 of 48 General Conditions 1. Description. Plot Plan No. 2014-146 proposes the construction and operation of a two-story 44,932-square-foot (first floor: 30,790 sq. ft.; second floor: 14,143 sq. ft.) concrete tilt -up office building for the Menifee Union School District. The office building includes offices, conference rooms, boardroom, restrooms, staff lounge, training room, lobby and enclosed patio. The project proposes 207 parking spaces, including seven (7) ADA accessible spaces. The project site is 6.1 acres in size. The site is bounded as follows: New Hub Drive to the south and west and Haun Road to the north and east (APNs 336-380-033 through 336- 380-040). 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. 2014-146 (PP 2014-146), the Addendum to Environmental Impact Report No. 264, 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. 2014-146 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Perm ittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2014-146, dated 10/20/14. APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan No. 2014-146, dated 10/20/14. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2014-146, dated 10/20/14. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2014-146, dated 10/20/14. APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2014-146, dated 10/20/14. APPROVED EXHIBIT M = Color and Material Board for Plot Plan No. 2014-146, dated 10/20/14. Page 3 of 48 4. 90 Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, 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 one (1) of up to three (3) one (1) year extensions 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 48 Section II: Planning Conditions of A rova I Page 5 of 48 General Conditions Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, G, L, and M unless otherwise amended by these conditions of approval. 10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 11. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 12. Parking. Based on the Ordinance 348, Section 18.12, parking for "professional business office", "industrial uses (storage area)", and "auditorium and similar places (i.e., assembly) with fixed seats" are calculated based on the following ratios: one (1) space per 200 sq. ft. of net leasable floor area of professional business office, one (1) space per 1,000 sq. ft. of industrial uses (storage area), and one (1) space per three (3) seats for auditoriums and similar places with fixed seats. The minimum number of required parking spaces for the proposed project is two hundred and thirty (230) spaces. However, the assembly area and office uses shall not be used in conjunction; therefore, this reduces the parking need by seventy three (73) spaces, which results in a minimum requirement of one hundred and fifty seven (157) spaces. The site, however, will provide a total of one hundred and seventy seven (177) parking spaces, including one hundred and seventy one (171) standard spaces (including two [2] electric charging stalls) and six (6) ADA accessible spaces (including two [2] van and four [4] standard ADA spaces). .' 'Number, Rgttuired of '8quare ] Parking fixed ' ',Req-uired bse'TYpe, - Foota a Ratio Seats ,. S aces 1st Floor . 1 space / 200 SF of Professional net leasable Business Office 17,577 floor area n/a 88 1 space / Industrial Uses 1,000 SF of (Storage Area 2,073 storage n/a 1 2 Page 6 of 48 Auditorium and similar places (i.e., assembly) w/ fixed 1 space / seats 3,695 3 seats 220 73 Other* 6,722 n/a n/a n/a �2ndrFloor'� ,•,� e ^� ��•7 g Y::, 1 space / 200 SF of Professional net leasable Business Office 13,019 floor area n/a 65 1 space / Industrial Uses 1,000 SF of (Storage Area) 1,950 storage n/a 2 Other* 435 n/a n/a n/a Total Office + Storage + Assembly) 230 Assembly and office shall not be used in conjunction -73 Total (Office + Storage only) 157 Notes: *Other means restroom, circulation and duct chases A minimum of one hundred and seventy one (171) parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. Review Assembly and Office Use Hours/Parking: If it is found that the office uses and auditorium are being used at same time, the Community Development Director and the Director of Building and Safety shall review this permit to reconsider the hours in which the assembly area and offices are allowed to be used and the quantity of parking required. If significant complaints have been received regarding nuisance or parking, the hours of operation of the assembly area may be restricted. ADA Parking Spaces: A minimum of six (6) 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 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: Page 7 of 48 "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 eight (8) spaces shall be provided as shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval, and shall be installed in accordance with those plans. Loading. One (1) loading area will be provided as shown on APPROVED EXHIBIT A. 13. 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. 14. 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. 15. Exterior Noise Levels. No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior and interior sound level on any other occupied property to exceed the sound level standards set forth below: In addition, no person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment. 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. Page 8 of 48 16. Comply with. Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 2388 was prepared by Earth Systems Southwest for this project (PP 2014-146) and is entitled: "Geotechnical Engineering Report for The Proposed District Education Center Menifee Union School District and New Hub Drive Menifee, Riverside County, California", dated May 30, 2014. GEO No. 2388 concluded: 1. No active faults are mapped in the immediate vicinity of the site. 2. Active fault rupture is unlikely to occur. 3. The potential for lateral spreading is considered low. 4. The potential for landslide is remote. 5. The potential for liquefaction is considered low. 6. Hazards for seiches are considered negligible. GEO No. 2388 recommended: 1. At the start of site grading, existing vegetation, the existing undocumented fill pad onsite, overly wet and/or soft soil, pavement, foundations, construction debris, deleterious materials, trash and abandoned underground utilities should be removed from the proposed building, structural, and pavement areas. 2. The building pad area should be stripped of loose or soft earth materials until a uniform, firm subgrade is exposed, as evaluated by the geotechnical engineer or geologist (or their representative). 3. Permanent graded slopes should not be steeper than 3:1 (horizontal/vertical) to reduce wind and rain erosion and the exposed face should be compacted to at least 90% relative compaction. 17. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires 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/recVclying/recycling and compost business html#m andatory Page 9 of 48 18. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 19. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include, but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce 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 PMio and PM2.5 fugitive dust haul road emissions by approximately 44%. 20. 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. 21. Truck Loading Activities. Truck loading activities shall occur in the designated loading area as shown on APPROVED EXHIBIT A. Truck loading activities shall be scheduled and located in areas so as not to obstruct vehicle movement into and within the site or significantly reduce the amount of available parking. Truck loading shall not occur within the main entry drive aisle as shown on APPROVED EXHIBIT A. 22. Signs. The following freestanding sign has been approved: a) One (1) free-standing monument sign — 5'-0" tall and 30'-8" wide with approximately 22.7 sq. ft. of script area. Located per Exhibit A, generally, on the northwest corner of New Hub Drive and Haun Road. The applicant intends to place one (1) wall sign above the Menifee USD boardroom. (This wall sign is currently not shown on the approved elevations and has not been approved under this current Plot Plan No. 2014-146.) However, if and when the applicant proposes the wall sign, the sign shall be evaluated by the Planning Division against the guidelines and standards of the newly adopted Newport Hub Specific Plan sign guidelines (recently adopted Page 10 of 48 under Ordinance No. 2012-105), which allow for one (1) square foot of sign area for every one (1) linear foot of building face or up to a maximum of 200 square feet total. The wall sign shall be harmonious and visually related to the currently proposed monument sign through the incorporation of common design elements, such as script font, materials, colors, etc. The wall sign shall also be architecturally integrated with the District Education Center building. Building permits for approved free-standing monument sign shall be reviewed and approved by the Planning Division to confirm conformance with the approved elevations (Approved Exhibit B). Whereas, building permits for the future wall sign shall be reviewed and approved by the Planning Division to confirm conformance with the standards and guidelines described above and those stipulated in the newly adopted Newport Hub Specific Plan sign guidelines. Any additional signs or substantial modifications to the signage will need to be reviewed and approved under a revision to the sign. ARCHEOLOGY 23. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 24. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). 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. Page 11 of 48 ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. 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." PALEONTOLOGY 25. Inadvertent Paleontological Find. In the event that fossils or fossil -bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan. LANDSCAPING 26.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 Page 12 of 48 control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 27. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 28. 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. 29. 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 30. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 31. 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. 32. 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 weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted Page 13 of 48 at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; Page 14 of 48 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. 33. Construction Noise. The project developer shall implement noise mitigation measures during grading. a. During all Project site excavation and grading, all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with the manufactures' standards. b. All stationary construction equipment shall be placed so that noise is directed away from the nearest sensitive receptor. c. During construction, equipment staging areas shall be located in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors. d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00 pm, unless otherwise restricted by City staff. ARCHEOLOGY 34. Archeologist Retained. Prior to issuance of a grading permit, the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this Page 15 of 48 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. 35. 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. 36. 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. 37. 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 Page 16 of 48 withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). PALEONTOLOGY 38. 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: Pursuant to the recommendations of the "Cultural and Paleontological Resources Assessment: Proposed Menifee USD Education Center, Haun Road, Riverside County, California" prepared by Duke CRM and dated November 19, 2014, if the project plans change to include excavation below six (6) feet, 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. 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 Page 17 of 48 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. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. FEES 39. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permitee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 6.1 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 Page 18 of 48 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. 40. Fees. Prior to the issuance of grading permits for PP 2014-146, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 41. 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. 42. 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 A, B, C and M. 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. Five (5) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky Ordinance'. 5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 43. 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. 44. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 45. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site. Lighting fixtures shall be decorative. Shoe box type lighting will not be allowed. Lighting shall be designed to define the vehicular and pedestrian circulation patterns and ensure safe pedestrian movement. The types of lighting fixtures used shall be subject to Community Development Department approval. Page 19 of 48 46. Roof -Mounted Equipment Plans. All building plans shall be subject to Community Development Department approval. Planning staff will verify that all roof -mounted equipment has been screened in compliance with approved Exhibit B prior to building permit issuance. The screening of this equipment shall also be verified by Planning staff in the field prior to final occupancy. 47. HVAC. The developer shall utilize HVAC units with the lowest sound power level shall be selected. The HVAC units shall be installed as far as possible from residential land uses. The HVAC equipment shall be enclosed or shielded from off -site properties. 48. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. 49. 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. 50. Waste Recycling Plan. Prior to the issuance of building permits, a Waste Recycling Plan (WRP) shall be submitted to the Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. 51. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a security plan for the site. The development shall install exterior cameras to monitor all parking stalls surrounding the exterior of all buildings. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. The cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. The Sherriff's Department and/or Community Development Department shall verify that the security system has been installed prior to final occupancy. Page 20 of 48 For further information, please contact Sergeant Tim Elwell at the Perris/Menifee Police Station at (951) 210-1084 or via email at telwell(a),riversidesheriff.org or Deputy Frank Perris at (951) 210-1125. LANDSCAPING 52. 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. 53. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the plot plan conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Page 21 of 48 Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Community Development Department. Shading calculations is based on tree canopy over the parking spaces. Tree canopy after 15 years growth shading the parking spaces only. Please use AutoCAD to calculate the shade in the parking area for the working drawings. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in -line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Curb and Walkway on End Stall Planters. A six (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. 54. Crime Prevention through Environmental Design Guidelines. Pursuant to correspondence received on similar project in the City of Menifee from the Riverside County Sherriff's Department, all plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 55. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre -installation, installation, six-month, and one-year landscape inspections. The amount of hours for pre -installation, installation, six- month, and one-year landscape inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. FEES 56. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. 57. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 58. 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 Page 22 of 48 59. 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. 60. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 61. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 62. 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. In addition, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved Waste Recycling Program shall be presented by the project proponent 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. 63. 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. 64. Trash Enclosures. One (1) trash enclosure which is adequate to enclose a minimum of four (4) bins each shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made (with masonry block with a 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. 65. Lighting. Exterior lighting shall be consistent with the approved building plans. Page 23 of 48 66. Hardscaping, Outdoor Furniture and Public Art. All hardscaping, including enhanced paving, outdoor furniture and public art shall have been installed in accordance with the approved landscaping, irrigation and shading plans. 67. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 68. Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed in compliance with the Riverside County Sherriff Department's requirements prior to final occupancy. 69. Final Planning Inspection. The 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. PALEONTOLOGY 71. Paleontological Monitoring Report. Prior to final occupancy, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report (if conducted for the Project). The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. A deposit for the review of the report will be required. LANDSCAPING 72. Soil Management Plan Page 24 of 48 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?" 73. 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. 74. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 75. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 76.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the 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 Page 25 of 48 a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 77.Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 78. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Page 26 of 48 Section III: Public Works / Engineerinq Department Conditions of Approval Page 27 of 48 A. GENERAL ENGINEERING CONDITIONS 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. 79. 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 is required for all final maps upon approval. 80. 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. 81. Bond Agreements and Improvement Security — The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the 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. 82. 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 Page 28 of 48 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. 83.2:1 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. 84. 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 exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per Riverside County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 85. 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. 86. 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. 87. 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. 88. 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. 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. Page 29 of 48 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. 89. 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. 90. 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. 91. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 92. 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. 93.100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. 94. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. PRIOR TO ISSUANCE OF GRADING PERMITS: The following must be satisfied: 95. 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. 96. 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 Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the Page 30 of 48 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. 97. 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. 98. 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. 99. 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. 100. Import/Export — Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the importlexport locations from the Public Works Engineering Department. Additionally, if either location was not previously approved by an Environmental Site Assessment, a Grading 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. PRIOR TO BUILDING PERMIT ISSUANCE: The following must be satisfied: 101. Building Footprints over Property Lines — Prior to issuance of any building permit, the project shall ensure that no building footprints are encroaching over existing property lines. If this occurs, the development shall address through a mechanism such as parcel mergers or lot line adjustments, and must be completed prior to issuance of any building permit. 102. 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. 103. Final Rough Grading Conditions — Prior to issuance of a 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. Page 31 of 48 104. 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 must be satisfied: 105. 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 the building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 106. 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. 107. 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. 108. 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. 109. 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. 110. 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. 111. Street Light Plan — Street lights requiring relocations, or any required new street lights 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. Page 32 of 48 112. Sewer Lines — Any new sewer line alignments or realignments 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. 113. 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. 114. 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. 115. 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. 116. 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 must be satisfied: 117. 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 118. Traffic Impact Analysis Report — The development shall comply with all the mitigation measures identified to be constructed or provided in the traffic impact analysis approved by the Public Works Department. The traffic study was prepared by Linscott Law & Greenspan, and dated June 27, 2014. All required improvements identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. PRIOR TO ISSUANCE OF CONSTRUCTION PERMIT. The following must be satisfied: Page 33 of 48 119. 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. 120. 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 measures and devices. E. 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. 121. 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 34 of 48 Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be put in the sanitary sewer 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 must be satisfied. 122. Final Project -Specific Water Quality Management Plan (Final WQMP) — Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance 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. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase It Environmental Site Assessment Report that include testing for the presence of bio solids/sludge The project is proposing construction of four (4) bioretention basins, with at least two (2) to be temporary in nature until the vacant area to the north of the property is developed. Prior to approval of the FINAL WQMP for this PP2014-146, a detailed list of the plant species that will be utilized in the bioretention basins shall be included in the FINAL WQMP. The planting materials shall be reviewed and approved by the Public Works Department to ensure the effective performance of the proposed bioretention basins. Such planting materials maybe incorporated as part of the onsite landscaping plan that will be reviewed and approved by the Community Development Department. 123. WQMP Maintenance Agreement — All water quality features or BMPs shall be located within the school district's property limits, and the maintenance shall be Page 35 of 48 the full responsibility of the school district. Prior to, or concurrent with the approval of the FINAL WQMP, the school district/project owner shall enter into an acceptable maintenance agreement with the City to inform property owners of the requirement to perpetually implement the approved FINAL WQMP 124. Hydrology/Hydraulics Study — Prior to grading permit issuance, the project's hydrology/hydraulics study shall be reviewed and approved by the Public Works Department. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post - condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following must be satisfied: 125. 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 training requirements 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. 126. 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. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY 127. Parkway Landscaping Design Standards - The parkway areas behind the sidewalk within the right-of-way fronting the entire property along Haun Road (north and east of the property), and New Hub Drive (south and west of the property) shall be landscaped and irrigated per City standards and guidelines. 128. Maintenance of Parkway Landscaping - The developer/property owner shall be responsible for the maintenance of any parkway landscaping within the public right of way, fronting the property on Haun Road and New Hub Drive, by connecting the irrigation system to the onsite private controller. 129. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES Fees and Deposits — Prior to approval of any parcel merger or lot line adjustments, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees and deposits applicable to this development. Said fees and deposits Page 36 of 48 shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 37 of 48 Section IV: Riverside County Fire Department Conditions of Approval Page 38 of 48 General Conditions 131. 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 (14-MENI-PP-146) 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 132. 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. 133. 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. 134. Minimum Required Fire Flow. Minimum required fire flow shall be 2,875 GPM for a two (2) hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 135. Super Fire Hydrants. Super fire hydrant(s) (6" x 4" x 2'/2" x 2'/2"), shall be located not less than 25 feet or more than 225 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. Prior to Issuance of Building Permit 136. 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. 137. Water Plans. The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing. The system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Page 39 of 48 Prior to Final Inspection 138. Fire Lanes. The permitee shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 139. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2013 edition in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s). All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of 25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check deposit base fee is $614.00 per riser) Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.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) 140. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to center above the floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 141. Hood Ducts. A.U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee of $215.00 to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. Separate fire alarm/monitoring plans must be submitted for review prior to connection. Current plan check deposit base fee is $192.00. Page 40 of 48 Section V: Riverside County Environmental Health Conditions of Approval Page 41 of 48 General Conditions 142. General Comments. This project is proposing Eastern Municipal Water District (EMWD) water and sewer service. Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within their service area. It is the responsibility of the permitee to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor or oil/water separator tank requirements, including sizing capacity and minimum structural specification, if necessary. All existing septic systems and/or wells, if any, shall be properly removed or abandoned under permit with the Department of Environmental Health. 143. Noise Standards. Facility -related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home:, must not exceed the following worst - case noise levels 45 dB(A) —10-minute noise equivalent level ("leq"), beween the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB(A) — 10-minute leq, between 7:00 a.m. and 10:00 p.m. (daytime standard). 144. Construction Hours. Whenever a construction site is within one -quarter (1/4) of a mile of an occupied residence or residence, no construction activities shall be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and between the hours of 6:00 p.m, and 7:00 a.m. during the months of October through May. Exceptions to these standards shall be allowed only with the written consent of the building official. 145. Construction Mufflers. All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. 146. 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. 147. Maintenance of Equipment. Equipment must be maintained so that parts of vehicles and their loads are secured from rattling and banging. 148. Delivery and Compactor Hours. Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00 a.m. to 10:00 p.m.). It is recommended that all pneumatic tools be equipped with silencers and always properly tunes. 149. Truck and Equipment Idling. Reduce delivery truck noise by minimizing engine idling time during deliveries. Idling equipment shall be turned off when not in use. 150. Hours of Operation. The operation of the USD District Education Center must operate between the daytime hours of 7:00 a.m. and 10:00 p.m. Page 42 of 48 151. No Outdoor Repair of Vehicles. The repair of vehicles should occur within the garage bay itself and no repairs should occur outside the building area. Prior to Building Final/Occupancy Conditions 152. Business Emergency Plan. The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. Contact a Hazardous Materials Specialist, Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. Page 43 of 48 Section VI: Riverside County Environmental Programs Department Conditions of Approval Page 44 of 48 Prior to Grading Permit Conditions 153. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. Page 45 of 48 Section VII: Riverside County Flood Control and Water Conservation Districl Conditions of Approval Page 46 of 48 Prior to Grading Permit Conditions 154. Encroachment Permit. An encroachment permit shall be obtained for any construction -related activities occurring within Flood Control District right-of-way or facilities. For further information, contact the District's encroachment permit section at (951) 955-1266. Page 47 of 48 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 Date Name (please print) Title (please print) Page 48 of 48