Loading...
PC16-245 Page 1 of 37 EXHIBIT “1” Conditions of Approval for Plot Plan No. 2015-130 “Quail Valley Market” 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 Page 2 of 37 Section I: Conditions Applicable to all Departments Page 3 of 37 General Conditions 1. Description Plot Plan No. 2015-130 proposes to convert an existing 1,655 sq. ft. commercial building into a market for the sale of produce and dry goods (pre-packaged goods only). The site contains an existing patio and storage building. The project also includes adding a new 20’x20’ patio cover and deck to the front of the store and exterior upgrades to the building. The applicant anticipates that there will be between 2-3 employees working daily from 7 am to 8 pm. Farmer’s Market. The applicant shall be allowed to host a farmer’s market one Saturday of every month between the hours of 8 am – 12 pm. The event will include booths for produce, packaged food, arts and crafts, and prepared food vendors that will be located in the existing parking lot. Disposable waste receptacles will be located throughout the site and each vendor will set up one (1) additional waste receptacle adjacent to their vending booth. Parking will be provided on an existing vacant lot located to the south of the site. An ADA parking spaces shall be provided within this parking area. If this parking is not available or becomes unavailable, the applicant will be required to provide an alternative parking plan; otherwise, the event shall cease and will no longer be allowed. Signage. The approval also includes a monument sign in the southeast corner of the site. The monument sign is proposed to have a stucco face with stone columns with caps. The lettering is proposed to be engraved into the stucco face of the sign. The sign is a total of 12 feet in width, with a 7 foot wide face, and 5 feet in height. Lettering on the sign shall not exceed 1 ½ feet in height. Signage on the front of the building is also included. No Use Proposed Behind Market. No use has been approved behind the market (west portion of project site). Expansion of the market, storage or additional buildings will require subsequent applications, review and approvals. 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 Page 4 of 37 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. 2015-130 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, Conceptual Landscaping and Monument Sign for Plot Plan No. 2015-130, sheets 1-2 dated 11/15/15. APPROVED EXHIBIT B = Elevations, Floor Plans and Signage for Plot Plan No. 2015-130, sheets 1-4 dated 11/15/15. 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 Page 5 of 37 Code. For more information regarding business registration, contact the City of Menifee. 8. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Page 6 of 37 Section II: Community Development Department Conditions of Approval Page 7 of 37 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 and B 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. 12. Parking. Based on the Ordinance 348, Section 18.12, parking for the market 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 use is eight (8). A minimum of eight (8) parking spaces shall be provided as shown on 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 one (1) 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 ___." Page 8 of 37 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 shall be provided to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval, and shall be installed in accordance with those plans. 13. No Additional Second Floor Areas. No tenant improvement permit, or any other Building Permit, shall be granted for any second story, second floor, mezzanine, or interior balcony 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 Devel opment Director in order to assure adequate parking remains within the property. Only a one-story building was approved as part of this permit and reviewed for parking standards. 14. Signs. All signs shall be consistent with the APPROVED EXHIBIT A and B. Building permits for all signage shall be reviewed and approved by the Community Development Department to confirm conformance with the approved exhibits. The monument sign is proposed to have a stucco face with stone columns with caps. The lettering is proposed to be engraved into the stucco face of the sign. The sign is a total of 12 feet in width, with a 7 foot wide face, and 5 feet in height. Lettering on the sign shall not exceed 1 ½ feet in height. Signage on the front of the building is also included. Any additional signs or substantial modifications to the signage will need to be reviewed and approved under a revision to the sign program. 15. 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. 16. 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. 17. 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. 18. 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 - Page 9 of 37 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). 19. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers, except the existing storage building shown on EXHIBIT A, will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. All storage is confined to the existing patio area and existing storage building shown on EXHIBIT A. 20. 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 will require Community Development Department review and approval. 21. 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. 22. 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). T he 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%. 23. 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. 24. 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 Page 10 of 37 and within the site or significantly reduce the amount of available parking. Truck loading activities shall not occur before 7:00 a.m. or after 9:00 p.m. 25. Electrical Hook-ups. Electrical hook-ups for refrigerated trucks and/or 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. 26. 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". 27. 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 28. 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. Page 11 of 37 c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. 29. 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. 30. Outdoor Events/Temporary Uses. The applicant shall be allowed to host a farmer’s market one Saturday of every month between the hours of 8:00 am to 12:00 pm. The event will include booths for produce, packaged food, arts and crafts, and prepared food vendors that will be located in the existing parking lot. Disposable waste receptacles will be located throughout the site and each vendor will set up one (1) additional waste receptacle adjacent to their vending booth. Parking will be provided on an existing vacant lot located to the south of the site. An ADA parking spaces shall be provided within this parking area. If this parking is not available or becomes unavailable, the applicant will be required to provide an alternative parking plan; otherwise, the event shall cease and will no longer be allowed. Prior to holding a farmer’s market the applicant shall provide proof of a written agreement from the adjacent property owner for use of the property for parking. Only one banner sign shall be allowed, not to exceed 60 sq. ft. in total area, mounted on a frame of an attractive permanent material, dealing only with the advertisement of the event itself. The applicant shall comply with all other Department requirements for the event as described in these conditions. A temporary use permit, shall be required for all other outdoor events and/or temporary uses or for an expansion of the approved farmer’s market as described in Menifee Municipal Code Chapter 9.6. ARCHEOLOGY 31. 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 Page 12 of 37 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. 32. 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 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 Page 13 of 37 33. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 34. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 35. Maintenance of Landscaping. All private landscaping shall be maintained by the individual property owner. FEES 36. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by 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 37. 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; Page 14 of 37 e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; 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. 38. Fees. Prior to the issuance of grading permits for PP 2015-130, the Community Development Department shall determine the status of the deposit based fees. If Page 15 of 37 the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 39. 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 and B. However, the site layout submitted for building plan check approval shall include the following changes: a. Detectable warnings will need to be installed at each side of the driveway entrance where the path-of -travel crosses the driveway. b. An unauthorized parking sign must be installed at each driveway entrance. 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. 40. 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. 41. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 42. 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. Lighting should be located at the project entrances and on the building. All parking lot lights, if proposed, and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. Page 16 of 37 43. 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. 44. 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. 45. 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 security cameras at the cash register and at the building entrance(s). 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. 46. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit, the applicant shall submit two (2) copies of a Recyclables Collection and Loading Area plot plan to the Engineering and Public Works Department (Steve Glynn) 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 the Engineering and Public W orks Department has approved the plan prior to issuance of a building permit. 47. Waste Recycling Plan. Prior to the issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to Engineering and Public Works Department (Steve Glynn) 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 Page 17 of 37 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. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works Department (Steve Glynn) has approved the plan prior to issuance of a building permit. LANDSCAPING 48. 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. 49. 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 A, 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. Page 18 of 37 If the above mentioned landscaping plans shall include shading and parking landscaping. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Add Trees. Trees shall be added in the planter to the east of the parking area to add shade for the parking stalls. Add Accent Plants Around Monument Sign. Add additional accent plants around the monument sign. 50. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections is estimated to be $3,000. FEES 51. 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. 52. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 53. 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 54. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B. 55. Paint Existing Stucco. The existing stucco building shall receive a fresh coat of paint. The color shall be reviewed and approved by the Community Development Department. Page 19 of 37 56. 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. 57. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, the applicant shall obtain a clearance letter from the Engineering and Public Works 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 Engineering and Public Works 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 Engineering and Public Works 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. 58. 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. 59. Trash Enclosures. One (1) trash enclosure which is adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block (including masonry cap) with landscaping screening (if possible), 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 Engineering and Public Works 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. 60. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 61. 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. 62. 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. Page 20 of 37 63. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, and parking lot layout. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. LANDSCAPING 64. 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?” 65. 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. 66. 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. 67. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 68. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project Page 21 of 37 are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Page 22 of 37 Section III: Engineering/Transportation/ Grading Conditions of Approval Page 23 of 37 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. General Conditions 69. SUBDIVISION MAP ACT - The developer/property owner shall comply with the State of California Subdivision Map Act. 70. 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. 71. PLAN CHECK SUBMITTALS - Appropriate plan check submittal forms shall be completed and required plan copies, necessary documents, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms. All submittals shall be date stamped by the engineer. All large format plans shall be bulk folded to 9”x12”. A CD of all items shall be submitted with each plan check. A scanned image of all final approved grading and improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 72. PLAN SUBMITTALS AND APPROVALS – A copy of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. The plans must receive PW approval prior to final map recordation; or issuance of any construction and/or grading permit or issuance of building permits as determined by the PW Director. 73. AS -BUILT PLANS – The developer/property owner shall cause the civil engineer of record to submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as- built plans shall be as determined by the Public Works Director/City Engineer. 74. CONSTRUCTION TIMES OF OPERATION. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally Page 24 of 37 recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. 75. BOND AGREEMENTS AND IMPROVEMENT SECURITY – The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities. 76. EXISTING EASEMENTS - The submitted application shall correctly show all existing easements, traveled ways, and drainage courses with appropriate Qs. Any omission or misrepresentation of these documents may require said application to be resubmitted for further consideration. B. GRADING General Conditions 77. PERMITTING. Improvement such as grading, filling, over excavation and re- compaction, and base or paving which require a grading permit are subject to the Public Works/Engineering Department conditions of approval. 78. GRADING REGULATIONS. All grading shall conform to the California Building Code, City adopted County Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Public Works/Engineering Department. 79. DUST CONTROL. All necessary measures to control dust shall be implemented by the developer during grading. 80. MINIMUM DRAINAGE GRADE - Minimum drainage grade shall be 1% except on portland cement concrete where 0.5% shall be the minimum. 81. NPDES BEST MANAGEMENT PRACTICES AND LOW IMPACT DEVELOPMENT (LID) - For all new impervious areas, in order to insure Page 25 of 37 compliance with NPDES requirements for new developments with the Santa Ana, Santa Margarita and Whitewater Drainage Management Plan, all specific land use cases (Plot Plans, Conditional Use Permits, & Public Use Permits) and subdivisions (Tracts and Parcel maps) shall provide, as a part of their grading and drainage plan, the control of impervious runoff. This shall include all new impervious areas graded to drain to a BMP filtration system, and implementation of approved BMPs to the maximum extent practicable. The project shall incorporate Low Impact Development (LID) principles for its site design and Source Control BMPs as applicable and feasible. Direct drainage from impervious areas to the street or a storm drain facility shall be avoided. For existing impervious areas, where new paved areas are being added, City approved site specific BMPs shall be implemented as determined by the PW Director. C. DRAINAGE General Conditions 82. NATURAL DRAINAGE PATTERNS - The property's street and lot 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 the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 83. COORDINATE DRAINAGE DESIGN. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 84. BMP - ENERGY DISSIPATORS. Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 85. BMP – TRASH RACKS. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 86. DRAINAGE 1. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as Page 26 of 37 follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW Director. 87. DRAINAGE 2. The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the PW/Engineering Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW Director. 88. ONSITE EASEMENT. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the grading plans for the proposed development. A note shall be added to the final plans stating, "Drainage easements shall be kept free of buildings and obstructions". 89. PERMISSION TO GRADE. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the project boundaries. A copy of the written authorization shall be submitted to the City for review and approval. 90. BMP – FILTRATION. All new impervious areas shall be graded or constructed to drain to a filtration BMP or equally effective alternative, as approved by the PW Engineering Department. D. STREET IMPROVEMENTS AND DEDICATIONS General Conditions 91. STREET IMPROVEMENTS. Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. 92. PAVING OR PAVING REPAIRS – The applicant shall be responsible for obtaining the paving inspections required by City adopted County 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. 93. ENCROACHMENT PERMIT REQUIRED. An encroachment permit shall be obtained for any work within the City right of way or with City facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 94. UTILITY INSTALL. Any new electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461. This also applies to existing overhead lines which Page 27 of 37 are 33.6 kilowatts or below along the project frontage and within the project boundaries. 95. DEDICATIONS. All streets fronting the proposed project shall be improved within the dedicated right-of-way in accordance with City of Menifee Standards 145 and 146. Requirements for street dedications and potential modifications of street standards shall be made at the discretion of the PW Director, and in conjunction with City standard plans and specifications. 96. IMPROVEMENT TO EXISTING CITY MAINTAINED ROADS - All existing City maintained roads fronting the property, not currently meeting standard plans and specifications, shall be improved with concrete curb-and-gutter located at ultimate right-of-way, and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the PW/Engineering Department and City field inspectors, to a width of ½ plus 12’ along their proposed project frontage, per City of Menifee standard plans and specifications. Prior to Building Permit Issuance 97. IMPROVEMENT PLANS. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries or an acceptable distance for transition as determined by the PW Director, at a grade and alignment as approved by the PW/Engineering Department. Completion of road improvements does not imply acceptance for maintenance by City of Menifee. Prior to Issuance of Certificate of Occupancy 98. REQUIRED STREET IMPROVEMENTS. Newport Drive shall be improved within a 15' part-width dedicated right-of-way in accordance with City of Menifee Standard No. 146 (30'/16') Palm Drive shall be improved within a 20' part-width dedicated right-of-way in accordance with City of Menifee Standard No. 145 (40'/28') 99. CORNER CUT-BACK - All corner cutbacks shall be applied per City Standard or County Standard 805 as determined by the PW Director, and City adopted Ordinance 461, except for corners at Entry streets intersecting with General Plan roads. In this case, they shall be applied per City Standard or as determined by the PW Director. 100. EASEMENT/SUR. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final plan approval, shall be delineated on the final grading plans in addition to having the name of the easement holder, and the nature of their interests, shown on the plan. Page 28 of 37 101. 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, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, 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 or as determined and approved by the PW Director. 102. 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 the public right of way or within duly dedicated public easements. 103. 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. 104. DRIVEWAYS AND DRIVEWAY APPROACHES – Driveways and Driveway Approaches shall be designed and constructed per City of Menifee No. 208. The modified County of Riverside standard 207A may be used as determined by the Public Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. Additional driveways will only be permitted upon approval by the City Public Works Director/City Engineer. 105. RELEASE OF CERTIFICATE OF OCCUPANCY - Prior to issuance of Certificate of Occupancy, the following shall be completed: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. Page 29 of 37 f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with County Ordinance 461. 106. STREET SWEEPING - Street sweeping annexation or inclusion into CFD or similar mechanism as approved by the City Engineer. 107. CONSTRUCT STREET IMPROVEMENTS – Street improvements required in these conditions of approval, including substandard street improvement conditions fronting the subject property shall be completed and accepted by the City of Menifee PW/Engineering Department, prior to final Certificate of Occupancy. E. NPDES and WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project shall incorporate Low Impact Development (LID) Principles for its site design and Source Control BMPs as applicable and to the maximum extent practicable. 108. 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 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. Page 30 of 37 (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. All trash enclosures shall meet City of Menifee standard plan 1310. Prior to Issuance of Certificate of Occupancy 109. BMP MAINTENANCE & INSPECTION – Site-specific BMPs for all new impervious paving areas will be required, and shall be privately maintained. Any privately owned treatment control BMPs, if required, shall be cleaned no later than any major rain event. The developer shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015- 2 Prior to Issuance of Grading Permit (or Building Permit where Grading Permit is not required) 110. ANNEXATION TO THE CITYWIDE COMMUNITY FACILITIES DISTRICT (CFD) 2015-2 - Prior to, or concurrent with the recordation of the final map, 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. 111. 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 recordation of a final map but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to final map recordation. 112. ASSESSMENT SEGREGATION - Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. Page 31 of 37 113. LANDSCAPE IMPROVEMENT PLANS FOR CFD MAINTENANCE – 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 map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 114. 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. 115. 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. 116. 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. G. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 117. FEES AND DEPOSITS – Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, and any applicable Development Impact Fees (DIF). 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. Prior to Issuance of Certificate of Occupancy 118. TUMF FEES - Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. H. SPECIAL USES OR ONSITE EVENTS 119. MAINTAIN EMERGENCY ACCESS – During any onsite event, the owner shall retain emergency ingress/egress to the site. Emergency access shall not be blocked by any temporary event facility. Page 32 of 37 120. MAINTAIN ADA ACCESS – Any onsite event shall retain ADA access onto the site, and within pedestrian walkways. RTA and USPS facilities shall not be blocked by any temporary event facility. 121. TRAFFIC CONTROL – During any onsite event, the owner shall be responsible for placement of any necessary traffic control devices, pedestrian control devices, and barricades necessary to block regular vehicular traffic. These facilities will be subject to onsite inspection at any time before, during, or after an onsite event. 122. PROTECT DOWNSTREAM FACILITIES – During an onsite event, the owner shall be responsible for protecting downstream drainage facilities from any pollutant caused by event vendors or event traffic. Any damage to downstream drainage facilities will be repaired at the cost of the owner. These facilities will be subject to onsite inspection at any time before, during, or after an onsite event. 123. SECURITY AND EVENT SAFETY – The owner shall be responsible for providing services to maintain the peace if and when necessary during an onsite event. 124. FIRE PROTECTION – The owner shall be responsible for supplying necessary facilities to maintain fire protection of onsite vendors and facilities during an event. 125. RESPECT RESIDENTIAL HOURS OF OPERATION & CLEANUP – The owner shall adhere to all policies restricting sound amplification and noise pollution within residential areas. Event tear down and clean-up will be completed by the owner, adhering to any hours of operation restrictions for residential neighborhoods. 126. EVENT PERMITTING – Any onsite event will require a “Special Event Permit,” issued by the City of Menifee Public Works Department. A permit must be issued for each event no later than 30 days prior to the event. All permitting fees will apply at the discretion of the PW Director. Page 33 of 37 Section IV: Riverside County Fire Department Conditions of Approval Page 34 of 37 General Conditions 127. 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 (15-MENI-PP-130) 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 128. 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. 129. 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. 130. Farmer’s Market. Emergency access will need to be maintained at all entrances to the site during the farmer’s market. No booths or other obstructions, other than traffic deterrents (cones, signs) shall be placed in front of driveways. Fire extinguishers shall be provided every 75 feet of travel during farmer’s market events. No cooking of any kind is allowed with the farmer’s market without subsequent review and permitting. Prior to Issuance of Building Permit 131. Submit Building Plans. Building plans shall be submitted to the Riverside County Fire Department for review and approval along with all processing fees. Building plans must be reviewed and approved prior to issuance of a building permit. Page 35 of 37 Section V: Riverside County Environmental Health Conditions of Approval Page 36 of 37 General Conditions 133. Sewer Connection Upon Availability. Upon sewer availability, all structures containing plumbing must connect to sewer. Also, all existing septic system must be properly abandoned or removed under permit with DEH. 134. Farmer’s Market. a. In order to conduct the Farmer’s Market, the applicant shall be required to provide toilets at a rate as per Riverside County Resolution #91-474, under Ordinance No. 712. Note: At least one ADA accessible restroom per gender is required. b. A 32-gallon refuse container shall be provided for each 100 persons in attendance. c. The applicant shall maintain an adequate safe supply of potable water at all times. d. All food venders must contact District Environmental Services (DES) to pay for and obtain proper approval and permits. Per County Ordinance 640, DES must be notified at least two (2) weeks or ten (10) working days prior to the projected start of the event. Failure to do so may result in the cancellation of the approval. Prior to Building Permit Issuance Conditions 135. Food Facility Plan Check. The applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite “A” Murrieta CA 92563 136. Potable Water Service. Prior to building permit issuance existing structures with plumbing are currently serviced by Eastern Municipal Water District (EMWD) potable water service only. Provide “will-serve” letters or other documentation (ex: billing) that shows that EMWD services the structures. It is the responsibility of the owner to ensure that all requirements to obtain potable water are met with EMWD, as well as, all other applicable agencies. 137. On-Site Wastewater Treatment Systems (OWTS). The current configuration of the OWTS has been certified by LePew Industrial Inc. on September 2, 2015. The current configuration is not properly sized to accommodate all the necessary fixtures that would be required to have a non-pre-packaged market/deli or any other type of non-prepackaged food facility. Since this project lies within the boundaries outlined in Riverside County Ordinance 856, no modifications can be made to the existing system. Therefore, if a food facility is proposed, only a 100% pre-packaged facility would be accepted. Page 37 of 37 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)