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PC16-247Page 1 of 38 EXHIBIT “1” Conditions of Approval for Tentative Parcel Map No. 36998 (Planning Application Tentative Parcel Map No. 2015-247) Schedule ‘E’ Subdivision 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 38 Section I: Conditions Applicable to all Departments Page 3 of 38 General Conditions 1. Project Description. Tentative Parcel Map No. 2015-247 (Tentative Parcel Map No. 36998) proposes a Schedule ‘E’ Commercial Parcel Map of 2.6 gross acres into two (2) parcels (Parcel 1 = 1.76 gross acres; Parcel 2 = 0.84 gross acres). The site is located on the southwest corner of the intersection of Newport Road and Menifee Road (APN: 364-030-004 & -005). Access to the project site will occur off of Newport Road and Menifee Road. 2. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 36998 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Parcel Map No. 36998, dated 12/30/15, (Planning Application No. 2015-247) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. PLOT PLAN = Plot Plan No. 2015-031 approved by Planning Commission on October 14, 2015. 3. 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. 4. 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. 5. Newly Incorporated City. 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 Page 4 of 38 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, Permitee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Comply with Ordinance No. 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the conditions listed herein. 7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee Planning Commission’s original approval date, unless extended as provided pursuant to the, Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. 8. No Building Permits. Planning Application Tentative Parcel Map No. 2015- 247 (TPM 36998) is for a Schedule ‘E’ subdivision. No building permits shall be issued pursuant to this subdivision. Conditions pertaining to building permits shall refer to the PLOT PLAN. Page 5 of 38 Section II: Community Development Department Conditions of Approval Page 6 of 38 General Conditions 9. 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. 10. 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. 11. 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. 12. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this parcel map as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 13. 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). 14. 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, Riverside County, California”, dated January 16, 2015. GEO No. 2427 concluded: 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: Page 7 of 38 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. 15. 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). 16. 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 unless first reviewed and approved by the Community Development Department. 17. 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. 18. 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%. Page 8 of 38  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%. 19. 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. 20. Hazardous Materials. Hazardous materials are not accepted at Riverside County landfills. In compliance with federal, state, and local regulations and ordinances, any 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. 21. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 22. 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. 23. Bike Lanes. In accordance with the City of Menifee General Plan and APPROVED EXHIBIT G of Plot Plan No. 2015-031 as approved by the Planning Commission on October 14, 2015, a Class II bike lane shall be striped 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. However, the applicant shall not be responsible for striping, because this bike lane will be striped (by others) at ultimate condition. The Newport Road bike lane shall have enhanced striping to distinguish it from a vehicle travel lane. 24. 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. Page 9 of 38 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 f ood 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. Archaeology 25. 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. 26. 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 Page 10 of 38 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). a. 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. b. 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. c. 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. d. 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. e. 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 27. 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). Fees 28. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan Page 11 of 38 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 Final Map 29. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 30. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 31. On-site Maintenance Entity. PRIOR TO MAP RECORDATION, the following procedures for common area maintenance procedures shall be complied with: a. A permanent master maintenance organization shall be established for the project area, to assume ownership and maintenance responsibility for areas including, but not limited to the common recreation, open space, circulation systems, detention basin, and landscaped areas on-site. b. Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision as recorded. c. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. 32. CCR’s Private Common Area. PRIOR TO MAP RECORDATION the applicant shall notify the Community Development Department that the following documents shall be submitted to the City Attorney and submit said documents for review along with the current fee, which shall be subject to City Attorney approval: a. A cover letter identifying the project for which approval is sought and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; b. A signed and notarized declaration of covenants, conditions and restriction. Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; Page 12 of 38 c. A sample document, conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule at the time the above- referenced documents are submitted for City Attorney review. The declaration of covenants, conditions and restrictions submitted for review shall: 1. provide for a minimum term of 60 years, 2. provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, provide for ownership of the common area by either the property owners' association or the owners of each individual lot or unit as tenants in common. e. The declaration of CC&Rs shall contain the following provisions: 1. "Notwithstanding, any provision in this Declaration to the contrary, the following provisions shall apply: The [property owners' association] established herein shall manage and continuously maintain the 'common area', as more particularly described on the Tentative Map which is attached hereto, and shall not sell or transfer the 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City of Menifee. The [property owners' association] shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area' and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Community Development Director of the City of Menifee. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the [property owners' association] Rules and Regulations, if any, this Declaration shall control." Page 13 of 38 2. The City of Menifee is an express third party beneficiary of the covenants, conditions, restrictions, easements and servitudes provided in this Declaration. Accordingly, the City has the continuing right, but not the obligation, to enforce any provisions of this Declaration Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. 33. Reciprocal Access and Parking Agreements. Prior to map recordation, reciprocal access and parking agreements shall be established across all lots for appropriate on-site circulation and access to and from Newport Road and Menifee Road for the project site and to allow flexible parking overflow between parcels. 34. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance.” 35. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: a. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. b. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of Ordinance No. 460. c. The total number of parcels on the final map shall be two (2). Fees 36. Fees. Prior to recordation, the Planning Department shall determine if the deposit-based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor-in-interest. Prior to Issuance of Grading Permit 37. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with Page 14 of 38 those conditions of approval and mitigation measures of the PARCEL MAP and the PLOT PLAN which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 38. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; Page 15 of 38 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. 39. 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 Industr ial 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 receptors. 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. 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 Page 16 of 38 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. (The condition listed above was modified by the Planning Commission at the February 24, 2016 public hearing) ARCHEOLOGY 40. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Page 17 of 38 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. 41. 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. 42. Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). PALEONTOLOGY 43. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: Page 18 of 38 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 Page 19 of 38 necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. g. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. Fees 44. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 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. 45. 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. Page 20 of 38 Page 21 of 38 Section III: Engineering/Transportation/ Grading Conditions of Approval Page 22 of 38 The following are 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 t o 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: 46. Tentative Parcel Map 36998 (TPM 36998) is processed under Planning application PM 2015-247, for which these Conditions of Approval (COA) are imposed to be satisfied in concurrence with the Conditions of Approval approved for the site plan proposed for this parcel map under approved Plot Plan PP 2015-031. 47. The development shall comply with the State of California Subdivision Map Act and all applicable City ordinances and resolutions. 48. If off-site right-of-way or easements are required for the City master plan facilities to comply with these conditions of approval, the developer is required to secure such right-of-way or easements at no cost to the City. In the event that the developer requires the City’s assistance to condemn said right-of-way or easements, the developer shall enter into an agreement with the City for the acquisition of said right-of-way or easements pursuant to Government Code Section 66462.5, and pay any and all costs, as determined by the City, associated with the condemnation process. 49. The applicant shall demonstrate to the satisfaction of the Public Works Director that the proposed development will not unreasonably interfere with the use of any existing easement encumbering the property. The submitted TPM shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said TPM to be resubmitted for further consideration 50. 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. ACAD files 2010 or later are required for all final maps upon approval. 51. AB 341 – AB 341 focuses on increased commercial waste recycling as a method or 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. Page 23 of 38 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. 52. AB 1826 – AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more of organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance action by the generator shall be reduced in subsequent years. Businesses subject to AB 1826 shall take a least one of the following actions in order to divert organic waste from disposal. a. The generator shall separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b. The generator shall enter into a contract or work agreement with a gardening or landscaping service provider or refuse hauler to ensure the waste generated from site operations is disposed of in accordance with the requirements of AB 1826. c. The project developer/contractor shall consider xeriscaping and using drought-tolerant/low-maintenance vegetation in all landscaped areas of the project. (The condition listed above was modified by the Planning Commission at the February 24, 2016 public hearing) Prior to Building Permit Issuance 53. Recyclables Collection and Loading Area Plot Plan – Prior to the issuance of building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan 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 Engineering and Public Works has approved the plan prior to issuance of a Building Permit. 54. Waste Recycling Plan – Prior to issuance of a building permit for each building permit for each building, a waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, Page 24 of 38 the projected amounts, the measures/methods 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. 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 has approved the plan prior to issuance of a building permit. Prior to Final Map Recordation 55. Submit Plans: All required improvement plans, grading plans, final map, environmental constraint sheet 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 Engineering Department approval prior to final map recordation. All submittals shall be date-stamped by the engineer and include a completed City Fee Worksheet with the appropriate plan check fee deposit. 56. Prior to recordation of the final map, the Public Works Director may require the dedication and construction of necessary utilities or other improvements outside the area of the development if the improvements are needed for circulation, parking and access or for the welfare or safety of future occupants of the development. These dedications shall be reflected on the final map which shall remain in substantial conformance with the approved tentative map. 57. Bond Agreements and Improvement Security – Prior to recordation of the final map, the developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all grading and improvements required with the final map. The security shall be in accorda nce with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The required improvements are further detailed in the following conditions. 58. Acceptance of Public Roadway Dedication and Improvements – Prior to final map recordation, required easements and right-of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. B. 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. Prior to Final Map Recordation Page 25 of 38 59. 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 guaranteed for construction prior to recordation of the final. C. STREET IMPROVEMENTS AND TRAFFIC ENGINEERING All offsite and onsite street improvements shall be designed per City standards and specifications, and shall be subject to a final approval by the Public Works Director/City Engineer. Prior to Final Map Recordation 60. Offsite Street Improvements – The following offsite improvements shall be guaranteed for construction prior to final map recordation: a. Required street improvements along Newport Road. Improvements shall include but not limited to: AC pavement, curb, gutter, commercial driveway, median turn pockets, sidewalk, street lights, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Newport Road centerline, or as determined by the Public Works Director. b. Required street improvements along Menifee Road. Improvements shall include but not limited to: AC pavement, commercial driveway, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Menifee Road centerline, or as determined by the Public Works Director. c. Offsite Public Street Lights – New public street lights, or existing public street lights that require modification as a result of this development including all necessary appurtenances and service points. 61. Offsite Traffic Signal, Street Intersection, and Driveway Improvements – Improvements or mitigation required by the approved traffic impact analysis (TIA) dated July 22, 2015, including but not limited to the following offsite improvement shall be guaranteed for construction prior to final map recordation: a. Necessary traffic signal modifications resulting from street widening b. Construction of a 5 foot widening on the south side of Newport Road adjacent to the property boundary line to provide a defacto deceleration / right turn into the Newport Road project driveway. A minimum 120-feet bay taper will be provided approaching the defacto deceleration lane. c. Construction of 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. d. Construction of improvements at the intersection of Menifee Road / Newport Road to provide the following intersection geometries: Page 26 of 38  Northbound: One left turn lane, two through lanes, and one right turn lane (no modifications). A minimum 3 foot raised median shall be constructed on Menifee Road from Newport Road 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)  Menifee Road: Add median from Rockport Road to Newport Road per City of Menifee General Plan. e. Construction of 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. The above intersection geometrics will be subject to a final review and approval by the City Traffic Engineer and/or the PW Director/City Engineer during final engineering. 62. The developer shall pay the project’s fair share traffic signal mitigation for the ultimate intersection improvements at Menifee Rd / Newport Rd, calculated at 5.6% of the estimated cost of intersection improvements. 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. D. GRADING General Conditions All grading shall conform to the latest adopted edition of the California Building Code, City adopted Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 63. 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. 64. 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. Page 27 of 38 E. DRAINAGE All offsite and onsite storm drain improvements shall be designed per City standards and specifications, and shall be subject to the approval of the PW Director. Prior to Final Map Recordation 65. 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 guaranteed for construction prior to final map recordation. These storm drain improvements shall include the Bio-Retention basin located on the southeastern corner of the project site. The improvements shall be subject to the review and approval of the Public Works Director. F. NPDES and WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be in accordance with the City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program . This project is required to submit a project specific WQMP. 66. Prior to the issuance of a grading permit, a Final WQMP in substantial conformance with the approved Preliminary WQMP shall be submitted to the Public Works Land Development Section for approval. Upon its final approval, the applicant shall submit one copy on a CD-ROM in PDF format. 67. Prior to the issuance of the first Certificate of Occupancy, the applicant shall record Covenants, Conditions and Restrictions (CC&R’s) or enter into an acceptable maintenance agreement with the City to inform future property owners to implement the approved WQMP. 68. Prior to issuance of the first Certificate of Occupancy, the applicant shall provide proof of notification to the future homeowners and/or occupants of all non-structural BMPs and educational and training requirements for said BMPs as directed in the approved WQMP. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 (SERVICES) General Conditions 69. 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. Page 28 of 38 70. 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. 71. 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. 72. 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. Prior to Final Map Recordation 73. Annexation to the Citywide Community Facilities District, CFD 2015-2 Services. Prior to final map recordation, the developer/property owner shall complete the annexation of all properties within the proposed Parcel Map 36998 into the City of Menifee Citywide Community Facilities District 2015-2. The citywide CFD shall be responsible for the maintenance of public improvements or facilities that benefit this development, and dedicated to the City for CFD maintenance. These may include but not limited to, public landscaping, streetlights, traffic signals, street maintenance, drainage facilities, and other public improvements or facilities as approved by the Public Works Director/City Engineer. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 74. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with the CFD annexation condition of approval, at the discretion and approval of the PW Director/City Engineer the developer shall enter into a CFD annexation agreement to allow the annexation to complete after final map recordation but prior to issuance of a building permit or issuance of a Certificate of Occupancy as determined by the PW Director/City Engineer. 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. 75. 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 comply with City landscape design guidelines and standards. Plans shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department, and the Community Services Department. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for Page 29 of 38 review and approval by the PW Engineering Department prior to issuance of a grading permit. Prior to Certificate of Occupancy 76. Waste Management Clearance – Prior to issuance of a certificate of occupancy for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to Engineering and Public Works Department in order to clear the project for Certificate of Occupancy. Receipts must clearly identify the amount of waste disposal and Construction and Demolition (C&D) material recycled. H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 77. Fees and Deposits – Prior to approval of final map, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 30 of 38 Section IV: Riverside County Fire Department Conditions of Approval Page 31 of 38 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 15-MENI-PM-0247) 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. The Riverside County Fire Department recommends the following fire and life safety protection measures be provided in accordance with Riverside County Ordinances and recognized fire protection standards: (a) This project has not been reviewed or approved for building construction or hazardous materials use, storage, or handling. Prior to building permit issuance, building plans shall be submitted for review and approval. (b) Site access and roads shall conform to the California Fire Code, 2013 edition and Fire Department standards. (c) Approved fire department access shall extend to within 150 feet of all portions of all buildings. (d) A water supply shall be provided to accommodate fire flow in accordance with the California Fire Code, 2013 edition and Fire Department standards. (e) Fire hydrants shall be provided within 400 feet of all buildings and spaced per the California Fire Code, 2013 edition and Fire Department standards (f) Address numbers for all buildings shall be clearly visible from the public roadway. (g) Further review of the project will occur upon receipt of building plans. Additional requirements may be necessary at that time. Prior to Final Map 162. Water System Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. Page 32 of 38 163. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. Page 33 of 38 Section V: Riverside County Environmental Health Conditions of Approval Page 34 of 38 General Conditions 165. 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. 166. 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 Final Map 167. Water System. A water system shall have plans and specifications approved by the water company and the Department of Environmental Health. 168. Securities. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 169. Sewer System. A sewer system shall have mylar plans and specifications as approved by the District, the Engineering Department and the Department of Environmental Health. 170. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Prior to Building Permit Issuance 171. District Environmental Services – Public/Semi-Public Food Facility. Prior to the Issuance of a Building Permit, 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) 766-2824. County of Riverside, Department of Environmental Health District Environmental Services – Hemet Office 800 S. Sanderson Ave Hemet CA 92545 172. Potable Water and Sanitary Sewer. “Prior to Building Permit Issuance” submit the “First Release Letter” stating that the project is receiving potable water and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of the developer to ensure that all requirements to obtain Page 35 of 38 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 specifications if necessary. Any existing septic systems and/or wells shall be properly removed or abandoned under permit with Department of Environmental Health. Page 36 of 38 Section VI: Riverside County Environmental Programs Department Conditions of Approval Page 37 of 38 Prior to Grading Permit Conditions 1. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. For any ground disturbance activities during the general bird nesting season (February 1-September 15), a survey for nesting birds shall be conducted by a qualified biologist prior to any such activities during the general bird nesting season and the results of the survey shall be provided in writing to the Environmental Programs Department. Page 38 of 38 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).