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PC15-233 Page 1 of 54 EXHIBIT “1” Conditions of Approval for Plot Plan No. 2015-031 “Rite Aid and Fast-Food Restaurant at Newport Road and Menifee Road” Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Page 2 of 54 Section I: Conditions Applicable to all Departments Page 3 of 54 General Conditions 1. Description Plot Plan No. 2015-031. The use hereby permitted is for construction and operation of a new 17,185 sq. ft. Rite Aid drug store and pharmacy with drive-thru and a new 3,634 sq. ft. fast food restaurant with drive- thru on a 2.62 gross acre (2.4 net acre) project site. The square footage of the Rite Aid building includes a 695-sq. ft. mezzanine (above the proposed pharmacy) for utilities and dry storage. The project proposes 135 parking spaces, including eight (8) ADA accessible spaces. Access to the project site is proposed off of Newport Road and Menifee Road. The following signs affixed to the Rite Aid building have been approved: a) Two (2) 22’-11¾” x 3’-9½” internally illuminated wall sign with channel lettering which will read “Rite Aid” with associated logo on the north and east elevations of the building; b) One (1) 14’-2” x 1’-8” internally illuminated wall sign with channel lettering which will read “Pharmacy” on the northeast corner of the building; c) One (1) 28’-0” x 1’-11½” internally illuminated wall sign which will read “GNC Live Well / Drive Thru” on the northeast corner of the building; d) One (1) 13’-5½” internally illuminated wall sign with channel lettering which will read “Drive Thru Pharmacy” on the west side of the building’s drive-thru canopy which is located on the building’s south elevation; e) One (1) 4’-6” x 8” , one (1) 2’-3” x 8”, and one (1) 2’-3” x 8” painted aluminum direction signs, which will read “Pick Up”, “Clearance 10’-0”, and “Drop Off”, respectively, on the west side of the building’s drive- thru canopy; and f) Two (2) 2’-3” x 8” and one (1) 1’-6” x 1’-6” painted aluminum direction signs, which will all read “Exit Only” on the east side of the building’s drive-thru canopy. The following signs affixed to the fast-food restaurant building have been approved: a) Two (2) 14’ x 3’ internally illuminated wall sign with channel lettering which will read “Archibald’s Drive-Thru” with associated logo on the west and east elevations of the building; and b) Two (2) 9’-3” x 2’ internally illuminated wall sign with channel lettering which will read “Archibald’s Drive-Thru” with associated logo on the north and south elevations of the building. The following freestanding signs have been approved: a) One (1) free-standing, double-faced “Rite Aid” monument sign – 8’-3” tall, 10’-0” wide (8’-3” x 10’) located on the east side of the primary driveway off of Newport Road; and b) One (1) free-standing, double-faced, painted aluminum direction sign for Rite Aid which will read “Drive Thru Pharmacy” – 4’-4” tall x 3’-0” wide (4’-4” x 3’-0”) located at the northwest corner of the Rite Aid building. Page 4 of 54 Any additional signs or substantial modifications to the signage will need to be reviewed and approved under a revision to the sign program. 18,655 square feet of landscaping is proposed (16.3% of the gross lot area). A striped (Class II) bike lane will be provided on the west side of Menifee Road as well as on the south side of Newport Road as designated in the General Plan. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2015-031 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2015-031, sheets 1-2 (EX-1 to EX-1.2), dated 11/3/15. APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan No. 2015-031, Sheets 1-5, dated 11/3/15. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2015-031, Sheets 1-6 (EX-2 to EX-3 and EX-6 to EX-9), dated 11/3/15. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2015-031, Sheets 1-2 (EX-4 to EX-5), dated 11/3/15. APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for Plot Plan No. 2015-031, Sheets 1-5 (L-1 to L-5), dated 11/3/15. APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No. 2015-031, dated 9/21/15. APPROVED EXHIBIT P = Photometric Plan and Light Fixtures for Plot Plan No. 2015-031, Sheets 1-9, (Sheets E-100.1, “Universe Collection Page 5 of 54 Large LED – UCL” product detail sheets 1-4, and “D-Series Size 1 LED Area Luminaire” product detail sheets 1-4), dated 9/21/15. APPROVED EXHIBIT S = Sign Program for Plot Plan No. 2015-031, Sheets 1-12 for Rite Aid and Sheets 1-2 for fast-food restaurant, dated 9/21/15. 4. Ninety (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 a one (1) year extension of time in which to begin Page 6 of 54 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. Use of the permit shall be considered applied to the entire project site, including Phase II, even if initial use prior to expiration only occurs within the Phase I area. Page 7 of 54 Section II: Community Development Department Conditions of Approval Page 8 of 54 General Conditions 9. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, G, L, M, P, and S unless otherwise amended by these conditions of approval. 10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 11. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 12. Phases. Construction of this project may be done progressively in phases provided a phasing plan is submitted with appropriate fees to the Community Development Department and approved prior to issuance of any Building Permits. 13. Land Division Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any other pertinent ordinance. 14. Parking. Based on the Ordinance 348, Section 18.12, parking for the drug store and pharmacy is calculated as general retail use (including but not limited to, neighborhood, community and regional shopping centers, including those with restaurants) and utilizes a parking ratio of 1 spaces/200 square feet of gross building floor area. The minimum number of required parking spaces for the proposed drug store and pharmacy store is 86. Based on the Section 18.12, parking for the fast-food restaurant is calculated as “restaurants, drive-thrus … for the sale and consumption on the premise of food and beverages” and utilizes a parking ratio of 1 spaces/45 square feet of serving area plus 1 space/2 employees. The minimum number of required parking spaces for the proposed fast food restaurant is 35. There are a total of 135 parking spaces provided, including eight (8) parking space for persons with disabilities. Area Employees Ratio Parking Required Parking Provided Page 9 of 54 17,185 sq. ft. retail area N/A 1 space / 200 sq. ft. 86 135 1,466 sq. ft. of restaurant serving area 4 1 space / 45 sq. ft. of serving are + 1 space / 2 employees 35 A minimum of one hundred and thirty-five (135) parking spaces (not including the two [2] loading spaces) shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department and/or Planning Commission. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of eight (8) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of thirty-six (36) inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Bicycle Racks: Bicycle racks or lockers with a minimum of three (3) spaces for each building 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. Bicycle rack designs that employ a theme are highly encouraged. 15. Loading Areas. Two (2) loading spaces are required as shown on Approved EXHIBIT A. Loading and/or unloading of goods/supplies shall occur in designated loading areas as shown on EXHIBIT A only. No loading or unloading Page 10 of 54 is allowed in front of the stores or within drive aisles. Loading areas shall be kept free of debris and clean throughout the life of this plot plan. 16. No Additional Second Floor Areas. The project proposes a second story (mezzanine) for dry storage within the Rite Aid building (above the proposed pharmacy). The square footage of the mezzanine is 695, which was included in the overall gross square footage of the building (i.e., 17,185 sq. ft.). No tenant improvement permit, or any other Building Permit, shall be granted for any second story, second floor, mezzanine, or interior balcony (excluding any second floor for Rite Aid or the fast-food restaurant for the purposes of office, break rooms, storage, or other minor occupancies) unless a plot plan, conditional use permit, public use permit, or a revised permit is approved by the Community Development Department pursuant to Section 18.12 of Ordinance No. 348 or as otherwise determined to be in substantial conformance by the Community Development Director in order to assure adequate parking remains within the property. Only a one-story building was approved for the fast food restaurant and a two-story building with a 695-sq. ft. mezzanine was approved for the Rite Aid building was approved as part of this permit and reviewed for parking standards. 17. Signs. A sign program has been approved with this application. All signs shall be consistent with the approved sign program, APPROVED EXHIBIT S. Building permits for all signage shall be reviewed and approved by the Community Development Department to confirm conformance with the approved sign program. The following signs affixed to the Rite Aid building have been approved: c) Two (2) 22’-11¾” x 3’-9½” internally illuminated wall sign with channel lettering which will read “Rite Aid” with associated logo on the north and east elevations of the building; d) One (1) 14’-2” x 1’-8” internally illuminated wall sign with channel lettering which will read “Pharmacy” on the northeast corner of the building; e) One (1) 28’-0” x 1’-11½” internally illuminated wall sign which will read “GNC Live Well / Drive Thru” on the northeast corner of the building; f) One (1) 13’-5½” internally illuminated wall sign with channel lettering which will read “Drive Thru Pharmacy” on the west side of the building’s drive-thru canopy which is located on the building’s south elevation; g) One (1) 4’-6” x 8” , one (1) 2’-3” x 8”, and one (1) 2’-3” x 8” painted aluminum direction signs, which will read “Pick Up”, “Clearance 10’-0”, and “Drop Off”, respectively, on the west side of the building’s drive- thru canopy; and h) Two (2) 2’-3” x 8” and one (1) 1’-6” x 1’-6” painted aluminum direction signs, which will all read “Exit Only” on the east side of the building’s drive-thru canopy. The following signs affixed to the fast-food restaurant building have been approved: a) Two (2) 14’ x 3’ internally illuminated wall sign with channel lettering which will read “Archibald’s Drive-Thru” with associated logo on the west and east elevations of the building; and Page 11 of 54 b) Two (2) 9’-3” x 2’ internally illuminated wall sign with channel lettering which will read “Archibald’s Drive-Thru” with associated logo on the north and south elevations of the building. The following freestanding signs have been approved: a) One (1) free-standing, double-faced “Rite Aid” monument sign – 8’-3” tall, 10’-0” wide (8’-3” x 10’) located on the east side of the primary driveway off of Newport Road; and b) One (1) free-standing, double-faced, painted aluminum direction sign for Rite Aid which will read “Drive Thru Pharmacy” – 4’-4” tall x 3’-0” wide (4’-4” x 3’-0”) located at the northwest corner of the Rite Aid building. Any additional signs or substantial modifications to the signage will need to be reviewed and approved under a revision to the sign program. The monument sign shall include decorative stone veneer at the base and on a pillar connected to the side of the sign. The color and material shall match APPROVED Exhibit S and compliment the design of the proposed buildings. The monument sign shall utilize masonry cap at the top of the stone veneer pillar. The backing of the sign itself shall be stucco coated with an opaque surface. 18. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 19. 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. 20. 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. 21. Exterior Noise Levels. Facility-related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home", must not exceed the following worst - case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m. (daytime standard). 22. Comply with. Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 2427 was prepared by Earth Strata, Inc. for this project (PP 2015-031) and is entitled: “Updated Preliminary Geotechnical Interpretive Report Proposed Commercial Center, Assessor’s Parcel Numbers 364-030-004 and -005, Located on the Southwest Corner of Newport Road and Menifee Road, City of Menifee, Rierside County, California”, dated January 16, 2015. GEO No. 2427 concluded: Page 12 of 54 1. The potential for surface rupture to adversely impact the proposed structures is very low to remote. 2. The site in not located within a flood plain hazard zone. 3. The risk of seismically induced seiche flooding is considered low. 4. The site lies within the dam inundation hazard zone for Diamond Valley Lake; however, the flood potential at the site is considered to be low. 5. The site liquefaction potential is considered to be very low to remote. 6. Groundwater is estimated at 87 feet below the ground surface. 7. Oversized (greater than 12-inches) rock is anticipated to be encountered during grading. GEO No. 2427 recommended: 1. Vegetation, including trees, grass, weeds, brush, shrubs, or any other debris should be stripped from the area to be graded and properly disposed of offsite. 2. Prior to placing compacted fill, the exposed bottom of each removal area shall be scarified at least 6 inches and compacted to a minimum of 90 percent. 3. Oversized rock should be disposed of offsite or stockpiled and crushed for future use. 23. Noise Monitoring Reports. The permittee may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee or the permittee’s successor-in-interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee’s successor-in- interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 24. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers (excluding containers for recycling centers) will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 25. No Outdoor Cart Corrals. No outdoor cart corrals have been approved for this project site under this plot plan. The addition of outdoor cart corrals within the project site or in front of the Rite Aid building will require Community Development Department review and approval. Temporary or permanent non- decorate metal cart corrals are not acceptable. 26. Hours of Construction. Construction activities shall be restricted to the hours of 6:00 a.m. to 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May and are prohibited on Sunday and federal holidays. Page 13 of 54 27. 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 PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 28. 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. 29. 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. 30. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than fifteen (15) minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 31. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating “The driver of a diesel-fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than five (5) minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". Page 14 of 54 32. 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/opencms/recyclying/recycling_and_compost_business.html#m andatory 33. AB 1826. AB 1826 (effective April 1, 2016) requires businesses to generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the follo9wing actions in order to divert organic wast4e from disposal: a. Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. 34. Hazardous Materials. Hazardous materials are not accepted at Riverside County landfills. In compliance with federal, state, and local regulations and ordinances, an y hazardous waste generated in association with the project shall be disposed of at a permitted Hazardous Waste disposal facility. Hazardous waste materials include, but are not limited to, paint, batteries, oil, asbestos, and solvents. For further information regarding the determination, transport, and disposal of hazardous waste, please contact the Riverside County Department of Environmental Health, Environmental Protection and Oversight Division, at 1- 800-722-4234. 35. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 36. Outdoor Events/Temporary Uses. A temporary use permit, shall be required for outdoor events and/or temporary uses as described in Menifee Municipal Code Chapter 9.6 and include, but not limited to, Farmer’s Markets, art and car shows, and sidewalk sales. Page 15 of 54 37. Bike Lanes. In accordance with the City of Menifee General Plan and APPROVED EXHIBIT G, a Class II striped bike lane shall be provided on the west (southbound) side of Menifee Road and the necessary right-of-way shall be provided on the south (eastbound) side of Newport Road for a Class II bike lane. The Newport Road bike lane shall have enhanced striping to distinguish it from a vehicle travel lane. 38. ALUC Conditions. Pursuant to the Airport Land Use Commission (ALUC) Development Review (letter dated July 13, 2015), the proposed project is consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan, subject to the following conditions: a. Any new outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. b. The following uses shall be prohibited: 1. Any use which would direct a steady light or flashing light or red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. 2. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. 3. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area, including but not limited to, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction any demolition debris facilities, landscaping utilizing water features, aquaculture, production or cereal grains, sunflowers, and row crops, artificial marshes, incinerators, and fly ash disposal. 4. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. c. The notice attached to the ALUC letter dated July 13, 2015, shall be provided to all potential purchasers of the property and tenants of the proposed building(s). d. Any new detention or retention basins on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention/retention basin(s) that would provide food or cover for bird species that would be incompatible with airport operation shall not be utilized in project landscaping. If the Applicant has any questions, please contact John Guerin, Principal Planner, at (951) 955-0982. Page 16 of 54 ARCHEOLOGY 39. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. 40. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. 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 Page 17 of 54 presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” LANDSCAPING 41. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 42. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 43. 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. 44. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. 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 45. 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 46. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a grading permit for review and approval. The Page 18 of 54 Community Development Director may require inspection or other monitoring to ensure such compliance. 47. Addition of Rite Aid Planter. The precise grading plans shall be submitted for grading plan check approval and shall be in substantial conformance with the site plan and conceptual grading plans shown on APPROVED EXHIBITS A and G. However, the site layout submitted for grading plan check approval shall include the following changes: a. A 5-foot-wide planter, containing five (5) trees, shall be shown on the westerly side of the Rite Aid building from the northwesterly corner of the building to just north of the service door at the southwesterly corner of the building. 48. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; Page 19 of 54 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; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 49. Noise Controls. The developer shall comply with the recommendations of the Noise Impact Analysis. The Noise Impact Analysis was prepared by Kunzman Associates, Inc. for this project (PP 2015-031) and is entitled “SWC Newport Road and Menifee road, Rite Aid with Drive Thru”, dated April 14, 2015. on the finding of the Department of Environmental Health, Office of Industrial Hygiene, the following recommendations shall be implemented to provide sufficient attenuation to reduce the exterior noise levels to below 65 dB (A) 10 minute Leq during the day and 45 dB (A) 10 minute Leq at night for sensitive receivers. The Applicant shall submit the legally binding contract with the Project Contractor to the Community Development Department for review and approval. The contract shall specify these requirements. Alternatively, these requirements may be listed as notes on the grading plans and/or building plans. Page 20 of 54 a. Limit construction activities to the hours of 6:00 AM to 6:00 PM during the months of June through September and between the hours of 7:00 AM and 6:00 PM during the months of October through May. Construction activities shall be prohibited on Sundays and federal holidays b. Limit haul truck deliveries to the same hours specified for construction activities (above). c. To the extent feasible, haul routes should not pass sensitive land uses or residential dwellings. d. During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. e. The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise / vibration sources and sensitive receptors nearest the project site during all project construction. f. During construction, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of three minutes. g. For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign must be posted at the project site with the contact phone number. h. Limit the use of heavy equipment or vibratory rollers and soil compressors along the southern boundary to the greatest degree possible. It is acknowledged that some soil compression may be necessary along the project boundaries. ARCHEOLOGY 50. 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 Page 21 of 54 rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. 51. 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. 52. Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). PALEONTOLOGY 53. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: Page 22 of 54 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 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 Page 23 of 54 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 54. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 2.62 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 55. Fees. Prior to the issuance of grading permits for PP 2014-091, 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 56. 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 Page 24 of 54 satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 57. Lot Line Adjustment Required. A lot line adjustment to modify the lot to match the parcels lines on APPROVED EXHIBIT A is required prior to issuance of a building permit. 58. Reciprocal Parking Agreement. Prior to building permit issuance, a reciprocal parking agreement shall be recorded to share the parking spaces shown outside of the subject property’s parcel lines (as shown on APPROVED EXHIBIT A) between the subject parcel and adjacent parcel to the south and west. 59. 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, G, M, P, and S. However, the site layout submitted for building plan check approval shall include the following changes: a. A 5-foot-wide planter, containing five (5) trees, shall be shown on the westerly side of the Rite Aid building from the northwesterly corner of the building to just north of the service door at the southwesterly corner of the building. 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 (or subsequent edition adopted by the City). 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. 60. 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. However, the elevations of the Rite Aid building submitted for building plan check approval shall include the following changes: a. The backs of the parapets on the elevated “tower” facades shall be capped with a cornice and painted to match the fronts of the parapets. Page 25 of 54 b. The top of the façade above Rite Aid “Pharmacy” sign on the northeast corner of the building shall include a substantial cap or cornice. If building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT B a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (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 shall be submitted to the Community Development Department for review and approval. If substantial modifications are proposed to the elevations, the Community Development Director may determine that Planning Commission review and approval is required. (The condition listed above was modified by the Planning Commission at the October 14, 2015 public hearing) 61. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 62. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. The location of lighting shown on the building is for conceptual purposes only and may be relocated during the building plan check. Architecturally appropriate themed lighting fixtures shall be located along the project perimeter, project entrances, and other focal points on the project site and shall be subject to Community Development Department review and approval. Parking lot lights shall be consistent with the sample provided and described as APPROVED EXHIBIT P or as otherwise approved by the Community Development Director. 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. 63. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view. All building plans shall show all roof-mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans shall be approved prior to issuance of a Building Permit. Screening material shall be subject to Community Development Department approval. Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 64. Screening of Accessory Structures. Screening of trash receptacles within trellised enclosures and encasing mechanical equipment within small structures compatible in color and materials to the adjacent landscaping or the primary structures shall be required and methods of screening shall be included on building plans and/or landscaping plans. Page 26 of 54 65. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that provides 360-degree coverage on the outside of the buildings and clearly depicts the entire parking field, parking lot entrances and exits, and building entrances. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Sheriff’s Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month. The plan shall be approved prior to issuance of Building Permits. In addition, the trash enclosure shall be properly secured and have a lock as well as a covering to keep unauthorized persons from entering the dumpster area to dig through the trash. The Sheriff’s Department shall verify that the security system and trash enclosure requirements has been installed prior to final occupancy. 66. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the Riverside County Waste Management Department (RCWMD) 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/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that RCWMD has approved the plan prior to issuance of a building permit. 67. Waste Recycling Plan. Prior to the issuance of a building permit for each building, 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. Page 27 of 54 The applicant shall provide documentation to the Community Development Department to verify that RCWMD has approved the plan prior to issuance of a building permit. LANDSCAPING 68. 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. 69. 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 Division 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. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Community Development Department. The location, number, genus, species, Page 28 of 54 and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Addition of Planter to Rite Aid Building. The site layout submitted for the Final Landscaping and Irrigation Plans review and approval shall include the following changes: a. A 5-foot-wide planter, containing five (5) trees, shall be shown on the westerly side of the Rite Aid building from the northwesterly corner of the building to just north of the service door at the southwesterly corner of the building. 70. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 71. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 72. Denied Variance. Note that the Applicant has received approval denial for Variance No. 2015-206 which requested a deviation from the listed development standards of the City’s “Park Design, Landscaping and Tree Preservation” ordinance (Section 9.86), allowing for a reduction in the required amount of onsite trees on the west side of the Rite Aid building to accommodate the required loading space and necessary truck turning movement. 73. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections is estimated to be $5,000. FEES Page 29 of 54 74. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 75. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 76. 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 ARCHEOLOGY 77. Archeology Report - 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) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 78. Paleontological Monitoring Report. Prior to final inspection, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 79. 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. 80. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B (with the revisions contained in Condition of Approval #59). 81. Roof Mounted Equipment. Prior to final occupancy, Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 82. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, the applicant shall obtain a clearance letter from the Waste Page 30 of 54 Management Department indicating that the recyclables collection and loading area has been constructed in compliance with the Recyclables and Loading Area plot plan, as approved and stamped by the Riverside County Waste Management Department. The letter shall be provided to the Community Development Department. The applicant is also required to provide evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP to the Planning Division of the Riverside County Waste Management Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. 83. 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. 84. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block (including masonry cap) with landscaping screening, roof covering and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 85. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 86. 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. 87. 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. 88. Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed and the trash enclosure has been property secured in compliance with the Riverside County Sherriff Department’s requirements prior to final occupancy. 89. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Community Development Department for each building permit issued by Page 31 of 54 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, decorative paving, public plazas, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. 90. Bike Lanes. In accordance with the City of Menifee General Plan and APPROVED EXHIBIT A, a Class II striped bike lanes shall be provided on the west (southbound) side of Menifee Road and the necessary right-of-way shall be provided on the south (eastbound) side of Newport Road to accommodate a Class II bike lane, or as otherwise approved by the Director of Public Works and Engineering. LANDSCAPING 91. Soil Management Plan The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?” 92. 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. 93. 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. 94. 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 Page 32 of 54 inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 95. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 96. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance 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. 97. 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 33 of 54 Section III: Engineering/Transportation/ Grading Conditions of Approval Page 34 of 54 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards, specifications and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS: 98. 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. 99. 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 City approved submittal forms. All large format plans shall be bulk folded to 9”x12”. A CD of all items in .pdf format shall be submitted with each plan check. The developer/property owner shall cause the civil engineer of record to submit to the Public Works Department, a copy of the final drawings in Auto CAD 2010 format on Compact Disc (CD), and scanned image of all final approved grading and improvement plans in pdf format. ACAD files 2010 or later are required for all final maps upon approval. 100. 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 not occur between the hours of 6:00 p.m. to 6:00 p.m. the following morning, Monday through Saturday, during the months of June through September, and the hours of 6:00 p.m. and 7:00 a.m. the following morning, Monday through Saturday, during the months of October through May, except on nationally recognized holidays in accordance with Municipal Code Section 9.09.030. Construction activities on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. Night work is not permitted unless prior approval is obtained for 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 Page 35 of 54 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. 101. 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, onsite/offsite street improvements, street lights, traffic signals, signing and striping, water quality BMPs, and storm drainage facilities. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 102. As -Built Plans – Prior to issuance of certificate of occupancy, the developer/property owner shall cause the civil engineer of record to submit as- built plans for completed improvements in a format and manner approved by the Public Works Director/City Engineer. A copy of the final drawings in Auto CAD 2010 format on Compact Disc (CD), and scanned image of all final as -built plans in PDF format shall be submitted to the PW Department. If the required files are not provided, 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. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 PRIOR TO ISSUANCE OF BUILDING PERMITS: 103. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - Prior to building permit issuance, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD 2015-2. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 104. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the issuance of building permits, but prior to issuance of a Certificate of Occupancy. The developer shall Page 36 of 54 be responsible for all costs associated with the preparation of the CFD annexation agreement. 105. Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to building permit issuance, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 106. Landscape Improvement Plans for CFD Maintenance – Prior to building permit issuance, landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared for each project phase or as one plan for the entire development as determined by the PW Director. 107. Parkway Landscaping Design Standards – The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 108. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 109. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. C. 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. 110. 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. 111. 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. 112. 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 Page 37 of 54 shrubs and/or trees per Riverside County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 113. 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. 114. 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. 115. Design Grade Criteria: (a) On-Site Parking – Parking stalls and driveways shall not have grade breaks exceeding 4%. A 30’ 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 in height shall have some type of drainage swale at the toe of the slope to collect any runoff. (d) Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%. Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 116. 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. 117. 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. 118. 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 Page 38 of 54 foundation characteristics of soils within on-site development areas shall be performed by a licensed geotechnical engineer. 119. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. All drainage facilities shall conform to the approved drainage study. 120. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. PRIOR TO GRADING PERMIT ISSUANCE: 121. 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. 122. 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 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. 123. SWPPP - Prior to approval of a grading plan or issuance of a grading permit, 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. 124. 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. 125. 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. Page 39 of 54 126. Import/Export – Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import/export 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. 127. Perpetual Drainage Patterns - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from all affected property owners f or the release onto their properties of concentrated or diverted storm flows. Prior to issuance of a grading permit, a copy of the recorded drainage easements from all affected property owners shall be submitted to the Public Works Engineering Department. 128. Authorization to Grade. No grading permit shall be issued for areas not owned or controlled by the developer/property owner unless the developer/property owner has secured authorization to grade and/or has control over those areas to be included as part of their development boundaries. A written authorization or equivalent document, as approved by the Public Works Director, shall be provided to the Public Works Department prior to grading permit issuance. PRIOR TO BUILDING PERMIT ISSUANCE: 129. Offsite and Onsite Storm Drain Improvements – All storm drain facilities required by the approved drainage study shall be reflected on the approved improvement plans, and shall be completed for construction prior to issuance of a building permit. These storm drain improvements shall include the Bio-Retention basin located on Newport Road and Menifee Road. The improvements shall be subject to the review and approval of the Public Works Director. 130. Building Footprints over Setback/Right of Way Lines – Prior to issuance of any building permit, the project shall ensure that no building footprints will cross over any existing or proposed right of way lines and setback lines. 131. 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. 132. Final Rough Grading Conditions – Prior to issuance of any 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 40 of 54 133. 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. 134. Offsite and Onsite Storm Drain Improvements – All storm drain facilities required by the approved drainage study, and reflected on the approved improvement plans shall be constructed and shall be operational prior to issuance of a building permit. These storm drain improvements shall include the Bio-Retention basin located adjacent to Newport Road and Menifee Road. These improvements shall be subject to the review and approval of the Public Works Director. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 135. 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 f inal 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. 136. 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. D. WATER, SEWER AND RECYCLED WATER The following utility improvements shall be designed per the Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 137. 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. 138. 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. All water lines for the purpose of landscaping irrigation shall use recycled water. 139. 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. PRIOR TO BUILDING PERMIT ISSUANCE: Page 41 of 54 140. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All onsite and offsite sewer, water and recycled water lateral connections to the street right-of-way shall be shall be completed for construction prior to issuance of a building permit. E. 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. 141. 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. 142. Onsite and Offsite Public Street Lights Ownership and Maintenance – All proposed public street lights shall be designed in accordance with City approved standards and specifications, and as determined and approved by the PW Director. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan as determined and approved by the PW Director. 143. Public Street Light Service Point Addressing – The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within public’s right of way or within duly dedicated public easements. 144. 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. 145. 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. 146. 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. PRIOR TO ISSUANCE OF CONSTRUCTION/ENCROACHMENT PERMIT: 147. 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. Page 42 of 54 148. 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: 149. Driveways and Driveway Approaches – Commercial 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. 150. Offsite Street Improvements – The following offsite improvement shall be completed and shall be operational prior to issuance of Certificate of Occupancy: (a)Approximately 570 linear feet of frontage improvements along Newport Road. Improvements shall include but not limited to: AC pavement, curb, gutter, commercial driveway, sidewalk, street lights, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Newport Road centerline and as determined by the Public Works Director. (b)Approximately 360 linear feet of frontage improvements along Menifee Road. Improvements shall include but not limited to: commercial driveway, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Menifee Road centerline and as determined by the Public Works Director. F. TRAFFIC ENGINERING 151. Traffic Impact Analysis Report – The development shall comply with all the mitigation measures identified to be constructed or provided in the approved traffic impact analysis (TIA), dated July 22, 2015. The developer/property owner shall be responsible for all improvements and mitigations, such as fair share fees, required or identified in the approved traffic study. 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: 152. 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. 153. 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 Page 43 of 54 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. (b) Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. (c) Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. (d) No construction related traffic shall be allowed on Menifee Road south of Rockport Road for the purposes of limiting noise, safety, and other impacts to the nearby school and residential land uses to the south. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 154. Offsite Traffic Signal and Street Improvements – The developer/property owner shall ensure that the following offsite improvement are completed and operational prior to issuance of Certificate of Occupancy: a. Construct a 5 foot widening on the south side of Newport Road adjacent to the property boundary line to provide a de facto deceleration / right turn into the Newport Road project driveway. A minimum 120 foot bay taper will be provided approaching the de facto deceleration lane. Construct the Newport Road Driveway as a right turn in/right turn out only driveway. The northbound approach will have one dedicated right turn lane outbound and one dedicated lane inbound. The northbound approach will be STOP controlled. b. Construct improvements at the intersection of Menifee Road / Newport Road to provide the following intersection geometries:  Northbound: One left turn lane, two through lanes, and one right turn lane (no modifications). A minimum 3’ raised median shall be constructed on Menifee Road from Newport Rd to Rockport Road.  Southbound: One left turn lane, two through lanes and one right turn lane (no modifications).  Eastbound: One left turn lane, three through lanes, and one defacto right turn lane.  Westbound: One left turn lane, three through lanes, and one right turn lane (no modifications). These intersection modifications will be subject to the review and approval of the City Traffic Engineer. c. Construct the Menifee Road Driveway as a restricted right turn in / right turn out only driveway. The eastbound approach will include one dedicated right turn lane outbound and one dedicated lane inbound. The eastbound approach will be STOP controlled. “Right Turn Only” signs shall be erected to restrict outbound left turn access. Page 44 of 54 d. Install a school flashing beacon warning system along Menifee Road. The system shall be provided in both approaches to the school. Approved warning system will be determined in final engineering. (The condition listed above was modified by the Planning Commission at the October 14, 2015 public hearing) 155. Offsite Intersection Improvement Fair Share Contributions – Prior to issuance of a Certificate of Occupancy, the developer/property owner shall pay fair share contributions for the construction and completion of the full width intersection improvements at the intersection of Menifee Road and Newport Road, as described below:  Westbound: Two left turn lanes, three through lanes, and one dedicated right turn lane.  Eastbound: Two left turn lanes, three through lanes, and a defacto right turn lane The project’s fair share traffic percentage at the intersection of Menifee Rd / Newport Rd is 5.6%. Based on the cost estimate of $361,120 for the identified improvements, the Project’s fair share contribution towards the proposed traffic signals is $20,223. G. 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 FINAL WQMP. 156. 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. 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 Page 45 of 54 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: 157. 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 II Environmental Site Assessment Report that include testing for the presence of bio solids/sludge 158. WQMP Maintenance Agreement – Prior to, or concurrent with the approval of the FINAL WQMP, the developer/project owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. The agreement shall also include a provision for the City to have a right of entry to the developed site to ensure post development WQMP facilities are in acceptable working conditions. 159. 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. Page 46 of 54 PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 160. 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. 161. 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. H. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY 162. Parkway Landscaping Design Standards - The parkway areas behind the sidewalk within the right-of-way, shall be landscaped and irrigated per City standards and guidelines. 163. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. PRIOR TO BUILDING PERMIT ISSUANCE: 164. Landscape Improvement Plans for CFD Maintenance – Prior to the issuance of building permits, landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on separate City CFD plans for review and approval by the PW Engineering Department. 165. Landscape Inspection for CFD Maintained Parkway – Prior to the issuance of occupancy releases, the permittee landscape architect responsible for preparing the “Landscape Improvement Plans for CFD Maintenance” shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Public Works Department. All required landscape planting and irrigation shall have been installed in accordance with approved “Landscape Improvement Plans for CFD Maintenance”. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the PW Director. Page 47 of 54 I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 166. Fees and Deposits – Prior to approval of any 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 including TUMF and RBBD fees as applicable. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Section IV: Riverside County Fire Department Conditions of Approval Page 48 of 54 General Conditions 160. 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-0914) 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 161. 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. 162. 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. 163. Super Fire Hydrants. The required fire flow shall be available from 4 super hydrant(s) (6" x 4" x 21/2" x 21/2") spaced not more than 300 apart and shall be capable of delivering a fire flow 1,750 GPM for 3-hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. Prior to Issuance of Building Permit 164. Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. Prior to Final Inspection 165. Fire Sprinklers. Fire sprinklers are required in all buildings exceeding 3,600 sq. ft., Install Fire Sprinkler Systems per NFPA 13, 2013 Edition. Plans must be submitted to the Fire Dept. for review and approval prior to installation. 166. Fire Alarm System. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. Page 49 of 54 Section V: Riverside County Environmental Health Conditions of Approval Page 50 of 54 General Conditions 167. Hazardous Materials Management Branch (HMMB). Any facility proposing the storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances shall require a Business Emergency Plan (BEP) to be submitted to HMMB for review and acceptance. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358-5055 to obtain information regarding any additional HazMat requirements. 168. Retention Basin(s) – No Vectors. Any proposed retention basin(s) shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. 169. Hazardous Materials – General. If a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered during development at the site, construction activities shall cease and RCDEH-ECP and/or the appropriate regulatory agency shall be notified immediately. Additionally, further assessment and/or clean up may be required. Prior to Building Permit Issuance Conditions 170. Food Plans. Prior to the issuance of a building permit, the applicant shall be required to contact the Riverside County Department of Environmental Health (DEH) District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements. For further information call (951) 461-0284. County of Riverside Department of Environmental Health District Environmental Services – Hemet Office 800 S. Sanderson Avenue Hemet, CA 92545 171. Potable Water and Sanitary Service. Prior to building permit issuance, the applicant shall submit the “First Release Letter” to the Riverside County Department of Environmental Health (DEH) stating that the project is receiving potable water and sanitary sewer service from Eastern Municipa l Water District (EMWD). It is the responsibility of the developer to ensure that hall 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 requirements, including sizing capacity and minimum structural specification, if necessary. The developer will be required to make a submittal to EMWD to determine the requirements for obtaining service(s) which includes, but is not limited to: 1. Discuss potential candidacy for recycled water service Page 51 of 54 2. Review of the project within the context of existing infrastructure 3. Evaluation of the project’s preliminary design and points of connections 4. Formal Application for Service detailing applicable fees and deposits to proceed with EMWD approved service connections. 172. Removal/Abandonment of Septic Systems and/or Wells. Any existing septic systems and/or wells shall be properly removed or abandoned under permit with DEH prior to building permit issuance. Page 52 of 54 Section VI: Riverside County Environmental Programs Department Conditions of Approval Page 53 of 54 Prior to Grading Permit Conditions 173. Nesting Bird Survey. If grading is to occur for Plot Plan No. 2015-031 during the nesting season (February 15 – August 31), a nesting bird survey shall be conducted within 30 days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding an MOU with Riverside County. The findings shall be submitted to EPD for review and approval. Page 54 of 54 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 1 of 9 EXHIBIT “2” Conditions of Approval for Conditional Use Permit No. 2015-032 “Rite Aid and Fast-Food Restaurant at Newport Road and Menifee Road – Rite Aid Alcohol Sales” Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Page 2 of 9 Section I: Conditions Applicable to all Departments Page 3 of 9 General Conditions 1. Description. The use hereby permitted is to allow the sale of beer, wine, and distilled spirits for off-premise consumption at the proposed Rite Aid drug store and pharmacy located on the southwest corner of the intersection of Newport Road and Menifee Road, (APN: 364-030-004 & -005). 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2015-032 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2015-031, sheets 1- 2 (EX-1 to EX-1.2), dated 9/21/15. 4. Ninety (90) Days to Protest. The land divider 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 the 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 Page 4 of 9 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. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. 2015-031. 7. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 8. 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. 9. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. Page 5 of 9 Section II: Community Development Department Conditions of Approval Page 6 of 9 General Conditions 10. Comply with Ordinance. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable ordinances and State and Federal codes. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 11. Licensing. At all times during the conduct of the permitted use the permittee shall maintain and keep in effect valid licensing approval from the Department of Alcohol Beverage Control, or equivalent agency as provided by law. Should such licensing be denied, expire or lapse at any time in the future, this permit shall become null and void. 12. Alcohol Education. The owner and the management of the drug store and pharmacy shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. 13. Alcohol Warnings. The owner and the management of the drug store and pharmacy shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. 14. Alcohol Training. The owner and the management of the drug store and pharmacy shall provide adequate training for all employees at the location as to these matters. 15. Hours of Operation. The hours of operation for the drug store and pharmacy only shall are to be limited to 6:00 a.m. to 10:00 p.m. (seven [7] days per week). 16. State of California Department of Alcoholic Beverage Control (ABC) License. The property owner or convenience store operator is responsible for obtaining the appropriate ABC license. Proof of such license shall be submitted to the City. 17. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, excluding renovation and casualty, this approval shall become null and void. 18. Alcohol Sales. The following development standards shall apply to the sale of distilled spirits, beer and wine at the drug store/pharmacy: a. The property owner, tenant of the premises and their management shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the property owner, tenant of the premises Page 7 of 9 and their management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the property owner, tenant of the premises and their management shall provide adequate training for all employees at the location as to these matters. b. No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter. c. No lighted advertising for beer, wine or other alcoholic beverages shall be located on the exterior of buildings or within window areas. d. Employees selling beer and wine between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. e. No sale of alcoholic beverages shall be made from a drive-in window. f. All alcoholic beverage displays and storage areas, and all electrical coolers containing alcoholic beverages shall be locked between the hours of 2:00 a.m. and 6:00 a.m. (if the store is open during these hours) in order to prevent public access to alcoholic beverages during those hours. 19. Beer, Wine and Distilled Spirits. This approval is for the sale of beer, wine and Distilled Spirits for offsite consumption only. 20. Business Licensing. Every person conducting a business within the City of Menifee, as defined in Ordinance No. 857, shall obtain a business license. For more information regarding business registration, contact the City of Menifee. 21. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. Page 8 of 9 Prior to Final Inspection 22. Security Systems. Prior to the issuance of final occupancy, the applicant shall prepare a security plan for the site. Pursuant to recommendations from the Riverside County Sheriff’s Department, in addition to the common burglary/security alarm system, the applicant shall also install exterior cameras to monitor all parking stalls surrounding the exterior of this store. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. Security cameras shall be installed in the interior of this business that records the shopping aisles as well as the counters and cash registers. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. 23. Security System Inspection. The Riverside County Sheriff Department and/or Planning Division of the Community Development Department shall verify that the security system has been installed in compliance with the Riverside County Sheriff Department’s requirements prior to final occupancy. FEES 24. Subsequent Submittals and Fees. 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). Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Page 9 of 9 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)