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PC16-253 EXHIBIT “1” Conditions of Approval for Conditional Use Permit No. 2014-242 “Foghorn” Wireless Monopine Communication Tower Section I: Conditions Applicable to All Departments Section II: Community Development 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 Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 2 of 29 Section I: Conditions Applicable to all Departments Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 3 of 29 General Conditions 1. Project Description. Conditional Use Permit No. 2014-242 proposes the construction and operation of an unmanned seventy-(70)-foot-tall monopine cell tower, two equipment cabinets, and backup generator within a 20’x25’ (6’-tall) gated block wall enclosure. The cell tower would include the installation of three (3) sectors of four (4) antennas per sector (twelve [12] antennas total) at a height of 61’-0” (vertical center of antennas) (above ground level), four (4) remote radio units (RRUs) per sector (twelve [12] RRUs total), two (2) wireless raycap DC surge protection units. The walled enclosure would be accessed via an existing driveway (and parking lot) which connects to Menifee Road. The proposed lease area would occupy the Northwest portion of an existing RV and boat storage facility. The project site is located south of Shadel Road, west of Menifee Road, and east of Packard Street (APN 333-162-001 and -011). 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Minor Conditional Use Permit No. 2014-242 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2014-242, sheets 1-5, dated December 2, 2015. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2014-242, sheets 1-4, dated December 2, 2015. APPROVED EXHIBIT L = Landscaping Plans for Conditional Use Permit No. 2014-242, sheets 1-4, dated December 2, 2015. 4. Ninety (90) Days to Protest. The project developer 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. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 4 of 29 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 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. The developer 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. Causes for 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, c) the facility has failed to comply with any applicable federal standard, d) the operation fails to comply with the requirements of the City’s Municipal Code (Chapter 9.08 – “Siting of Wireless Communication Facilities”), e) the facility (including the landscaping, hardscape or site has not been properly maintained or f) 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. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 8. Comply with Ordinances. The development of these premises shall comply with the standards of Menifee Municipal Code, Ordinance No. 348, and all other applicable ordinances and State and Federal codes. 9. Building and Safety Department. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use. 10. Engineering Department. Compliance with Engineering Department directives and all required permits shall be obtained prior to establishment or continuation of the use. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 5 of 29 11. Business Licensing. Every person conducting a business within the City of Menifee shall obtain a business license as required by the Menifee Municipal Code. For more information regarding business registration, contact the City Clerk. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 6 of 29 Section II: Community Development Conditions of Approval Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 7 of 29 General Conditions 12. 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. 13. Ceased Operations. In the event the use hereby permitted ceases operation for a period of ninety (90) consecutive calendar days unless such cessation is due to natural disaster, in which case the expiration period for non-use shall be one (1) year, this approval shall become null and void. 13. Additional Review. Any expansion or intensification of the use will require review of the expanded or intensified use and potentially approval of additional land use entitlements prior to the commencement of such activity. 14. Interference. As allowed by law or regulation, if the operation of the facilities authorized by this approved Conditional Use Permit generates electronic interference with or otherwise impairs the operation of Riverside County or City of Menifee communication facilities, the applicant shall consult with Riverside County Information Technology staff and implement mitigation measures acceptable to the Riverside County Department of Information Technology and the City of Menifee. 15. Height. The antennas shall be fully disguised within the proposed faux monopine at a height of sixty-one (61) feet (above ground level) (measured at the vertical centerline of the antennas). The peak of the tower shall not measure more than seventy (70) feet in total height measures from existing ground surface below the center of the base of the tower to the top of the tower or from the top of the highest antenna or piece of equipment attached thereto, whichever is greater. 16. Outdoor Lighting. Any proposed outdoor lighting must 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 Dark Sky Ordinance (Ord. 2 009-024 – Menifee Municipal Code Chapter 6.01) and the General Plan as adopted by the City. The wireless facility shall be unlit except for a manually operated or motion- detector controlled light above the equipment enclosure and shall be kept off except when personnel is present at night. This requirement is not intended to address interior structure lighting. 17. Equipment Cabinet Shielding. The ground equipment shall be located within the block wall enclosure and shall not be visible from public view. The site plan shows the block walls to be six (6) feet tall with split-face block and a split-face cap. Changes in the above-listed materials shall be reviewed and approved by the Community Development Department prior to installation of the structures, or prior to repainting or refinishing of the structures. 18. Maintenance of Hardscape and Debris Removal. The telecommunications service provider (i.e., the wireless facility lessee) shall maintain support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately). The property owner shall agree to perform such maintenance to the extent the Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 8 of 29 telecommunications service provider fails to do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as repair or fence any support facilities which constitute a safety hazard and specifically consent to the city's ability to lien the property or place a lien on the tax roll for the repayment of such costs, plus interest, without any further notice thereof. 19. Abandoned Site. Any wireless communication facility that is not continuously operated for a period of ninety (90) days shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (six months). The telecommunications service provider shall give written notice to the City at such time as use of the facility ceases. The telecommunications service provider shall have sixty (60) days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility, or completely remove the facility and all supporting facilities and restore the site. The owner of the property in a safe manner shall remove and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the carrier shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the city for the express purpose of using the funds for removal of the equipment/facility. If the owner does not do so within that period of time, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner. If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it. 20. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 21. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. 22. Cell Tower Physical Condition. The monopine, as well as the proposed landscaping, fencing and lease area, shall be in good repair, including replacement Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 9 of 29 of broken or missing branches, damaged or missing fencing or landscaping, and/or any other apparent items needing repair. 23. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 24. 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). 25. 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 Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 10 of 29 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.” 26. Inadvertent Paleontological Find. If paleontological materials are uncovered during grading or other earth-moving activities, the contractor shall be required to halt work in the immediate area of the find and retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, the resource shall be left in place, if determined feasible by the project paleontologist. Otherwise the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find. However, no further work shall occur in the immediate location of the find until all information recovery has been completed and report concerning it filed with the Community Development Director. The applicant shall bear the cost of implementation of this mitigation. 27. 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 Grading Permit Issuance 28. 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 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 shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 11 of 29 grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist 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. The project archaeologist shall submit a complete final monitoring report no later than 60 days following completion of the monitoring activities to the City of Menifee, the property owner, the Eastern Information Center and the appropriate Tribes. The report shall document the monitoring activities, any resources that were identified, their final disposition, complete DPR site record forms and inventory records, and any other pertinent information associated with the Project. 29. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Grading Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 30. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permitee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted 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; Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 12 of 29 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 cover ed 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 Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 13 of 29 report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 31. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 1.87 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. Proof of payment of this fee previously for this property would satisfy this requirement. 32. Fees. Prior to the issuance of grading permits, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Building Permit Issuance 33. Romoland Union School District. Impacts to the Romoland Union School District shall be mitigated in accordance with California State law. 34. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 35. Submit Building Plans. Prior to the issuance of a Building Permit, the permitee shall submit building plans with the City of Menifee Building and Safety Department. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, and L. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2013 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. 4. All exterior lighting shall fall within current commercial standards. 5. Separate plan submittal will be required by Riverside County Fire along with a formal transmittal issued by Building and Safety. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 14 of 29 36. Elevations. Elevations of all structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 37. Color and Materials. The colors and materials on all structures submitted for building plan check approval shall be in substantial conformance with that shown on APPROVED EXHIBIT B. 38. Signage. Prior to the issuance of building permits, the applicant or their successor- in-interest shall submit a copy of the sign that will be installed at the facility. That sign is required to have the following information:  Address of wireless communications facility and any internal site identification number or code;  Name(s) of company who operates the wireless communications facility;  Full company address, including mailing address and Division name that will address problems;  Telephone number of wireless communications facility company; and,  If a co-located facility (addition antennas and/or equipment shelters or cabinets) are added to an existing facility, an additional sign, including the above described information shall be installed on said shelter or cabinet stating the name of the company who operates the primary wireless communications facility and the name of the company that operates the co- located facility. 39. Waste Recycling Plan Approval. Prior to the issuance of building permits, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee for review and approval. At a minimum, the WRP must identify the materials (e.g., 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, two (2) bins: one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and soil waste disposal must be kept. Arrangements can be made through the franchise hauler. If you have any questions, please contact Steve Glynn at the City of Menifee at (951) 672-6777. 40. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Division 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 Planning Division), along with the current fee. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 15 of 29 The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping). The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. 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. Note on Conceptual Plans The conceptual landscaping plans show general locations for shrubs, groundcover and trees, but does not specify the size and each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type of plants, or change the size of plants on the working drawing. A greater variety of plant selection shall be required across the site, in particular at key focal areas such as site corners and entrances. Enhanced landscaping to the areas around freestanding signs and vehicle entrances should be included. Specifically, roses should be encouraged at these areas and tiered landscape planters in front of the corner monument shall be required as feasible. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 16 of 29 Vines. The color renderings/elevations for the project show vines growing on trellis features on the buildings within the site. The landscaping plan shall include the location of vine planting to be consistent with the color renderings/elevations. 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. 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 Planning Department, Building and Safety Department and the State air quality management authorities. As noted on APPROVED EXHIBIT L, the Phase II area of the project shall be hydroseeded for dust prevention as well as aesthetic reasons with a 36” tall hedge for screening along the perimeter. Enhanced Paving. The landscaping and irrigation plans shall show the location and types of hardscape, including enhanced paving, throughout the site consistent with APPROVED EXHIBIT A and EXHIBIT L. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 41. Landscape and Irrigation Plans. If substantial changes, as determined by the Community Development Director, to the landscaping shown on Approved Exhibit L are proposed, the permitee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. 42. 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. 43. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 17 of 29 amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 44. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 45. 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. 46. FCC Compliance. Prior to issuance of a building permit, the permit holder shall perform a radio frequency (RF) compliance pre-construction evaluation to indicate compliance with FCC Guidelines and submit the results of this evaluation to the Community Development Department. Please refer to the FCC Office of Engineering and Technology Bulletin 65 for information on RF exposure guidelines. 47. Maintenance Plan. Prior to issuance of a building permit, the permit holder shall submit a Maintenance Plan to the Community Development Department for review and approval. The maintenance plan or schedule for landscaping and vegetation shall provide for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease and insect control, pruning and so forth. The provisions of the lease may set out the lessee's or lessor's responsibility for such maintenance; in addition, the property owner shall agree to perform such maintenance to the extent the telecommunications service provider does not do so. The property owner shall consent to the city's entry onto the property to inspect and, as necessary, restore or remove vegetation and lien the property or the secured property tax roll for the costs thereof. In addition to the provisions for ongoing vegetation and landscape maintenance, the provisions of the lease shall set out the Lessee's responsibility for the maintenance of support facilities (i.e. cleaning, painting and specifically the removal of graffiti immediately) as well as the removal of trash and debris from the site. The property owner shall agree to perform such maintenance to the extent the telecommunications service provider does not do so. The property owner shall consent in writing to the city's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as repair or fence any support facilities which constitute a safety hazard and specifically consent to the city's ability to lien the property or place a lien on the tax roll for the repayment of such costs, plus interest, without any further notice thereof. 48. Lease Amendment. Prior to issuance of a building permit, the lease for the proposed facility from the underlying landowner shall be amended to comply with City of Menifee Municipal Code Section 9.08, in particular including specific provisions for debris removal, cleaning, painting, and the removal of graffiti. Prior to the issuance of the building permit a copy of the amended lease agreement shall be provided to the Community Development Department for review and to verify Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 18 of 29 that the provision from MMC Section 9.08 as noted above has been added to the lease. Prior to Building Final Inspection 49. Final Planning Inspection. The permitee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, and landscaping plans, etc. The permitee shall have all required walls, landscaping and automatic irrigation installed and in good condition. 50. Cell Tower Physical Condition. The tower itself, as well as the proposed landscaping, walls and lease area, shall be in good repair, including damaged or missing walls or landscaping, and/or any other apparent items needing repair. 51. 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?” 52. 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. 53. 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. 54. 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. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 19 of 29 55. Waste Recycling Plan Compliance. Prior to issuance of an occupancy permit, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP shall be presented by the project proponent to the Planning Division of the Riverside County Waste Management Department to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) material recycled. 56. Cell Tower Physical Condition. The monopine, as well as the proposed walls and lease area, shall be in good repair, including damaged or missing walls, and/or any other apparent items needing repair. FEES 57. Fees. Prior to issuance of occupancy/final inspections, the Planning Division 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. 58. Ordinance No. 659 (Development Impact Fee) Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 59. Ordinance No. 810 (Open Space) Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 20 of 29 Section III: Engineering/Transportation/ Grading Conditions of Approval Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 21 of 29 General Condition 60. Encroachment Permits. All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 61. Grading Permits. Any grading activity resulting in movement of dirt exceeding 50 cubic yards shall require a grading permit from the Public Works-Engineering Department. All grading shall conform to the latest adopted edition of the California Building Code, the Riverside County Ordinance 457 (adopted by the City upon incorporation), applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 62. Erosion Control Plans. All grading plans shall require erosion control plans approved by the Public Works-Engineering Department. Prior to Grading Permit Issuance 63. WQMP - Applicant to fill out WQMP checklist from and submit to the City for review and records. 64. Pavement - Site will require AC pavement transition as directed by the Director of Public Works / City Engineer. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 22 of 29 Section IV: Riverside County Fire Department Conditions of Approval Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 23 of 29 General Conditions 65. 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 (as it is noted above) is required on all correspondence. Additional information is available at our website: www.rvcfire.org 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. 66. 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 Ordinances and/or recognize fire protection standards 67. Access Roads. Fire Apparatus access road(s) shall be in compliance with the Riverside County Fire Department Standard number 06-05. Access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Access lanes shall be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all-weather driving capabilities. 68. Dead-end Turnaround. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turnaround capabilities of fire apparatus. 69. Access Design. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 70. Street Numbers. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 71. Auto/Man Gates. Gate(s) shall be automatic or manually operated. Install Knox key operated switches, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 24 of 29 Prior to Building Final Inspection 72. Hazardous Materials. This building has not been reviewed or approved for hazardous materials or battery storage. Prior to building permit issuance, building plans shall be submitted for approval indicating the presence of an em ergency generator and battery storage. Battery storage and fuel use, storage, and handling shall be approved by the Fire Department per the California Building Code and California Fire Code prior to materials being stored on site. Conditions of approval may change based on Conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and Fire hazards in the structure or on the premises from occupancy or operation. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 25 of 29 Section V: Riverside County Environmental Health Conditions of Approval Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 26 of 29 General Conditions 14. Future Restroom Facilities. Pursuant to the Riverside County Department of Environmental Health comment letter dated December 12, 2014, for any future restroom facility, the applicant shall contact the Department of Environmental Health for plan check compliance. No restroom facilities have been proposed or approved under this application. 73. Hazardous Materials Management Branch. The following shall apply for any proposed diesel emergency generator: a. A Business Emergency Plan (BEP) shall be submitted to the County of Riverside, Hazardous Materials Management Branch (HMMB). b. A concrete berm shall be installed around all diesel backup generators, especially those designed with single-walled tanks. c. If the fuel tank capacity is greater than or equal to 1,320 gallons, the facility shall be required to prepare a Spill Prevention Control and Countermeasure (SPCC) plan. The SPCC shall be written in compliance with Federal rules and regulations. d. If the generator is located indoors, all entrance doors shall be labeled with an NFPA 704 sign with the appropriate NFPA ratings. e. If the generator is located outdoors, the NFPA 704 sign shall be placed on the most-visible side of the fence, with the appropriate NFPA rations. f. The location and capacity of the “day tank”, if proposed, shall be clearly identified in the chemical inventory and facility map section of the BEP. g. The business shall address the handling of spills and leaks in the Prevention, Mitigation, and Abatement sections of the BEP. h. If the generator is located in a remote site, HMMB shall conduct an inspection to determine whether any exemption can be granted. Prior to Building Final Inspection 15. Business Emergency Plan (BEP). A condition shall be placed on the project indicating that this facility shall be required to submit a BEP to the Hazardous Materials Management Branch (HMMB) for review and acceptance prior to building final inspections. For further information please contact HMMB at (951) 358-5055. Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 27 of 29 Section VI: Riverside County Environmental Programs Department Conditions of Approval Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 28 of 29 Prior to Grading Permit Issuance 74. Nesting Bird Survey. Birds and their nests are protected by the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Codes. Since the project supports suitable nesting bird habitat, removal of vegetation or any other potential nesting bird habitat disturbances, shall be conducted outside of the avian nesting season (February 1st through August 31st). If habitat must be cleared during the nesting season, a preconstruction nesting bird survey shall be conducted. The preconstruction nesting bird survey must be conducted by a biologist who holds a current MOU with the County of Riverside. Surveys shall cover all potential nesting habitat areas that could be disturbed by each phase of construction. Surveys shall also include areas within 500 feet of the boundaries of the active construction areas. The biologist shall prepare and submit a repor t, documenting the results of the survey, to the City of Menifee Community Development Department for review and approval. If nesting activity is observed, appropriate avoidance measures shall be adopted to avoid any potential impacts to nesting birds. END OF CONDITIONS Conditions of Approval Conditional Use Permit No. 2014-242 – “Foghorn” Wireless Monopine Communication Tower Project May 11, 2016 29 of 29 The undersigned, as the applicant or representative of the applicant in the above noted approval, hereby acknowledge receipt of these Conditions, have no questions regarding the requirements contained herein and applied to the approval of the request and shall abide by all such Conditions. _______________________________________ (Applicant/Representative Signature) _______________________________________ (Applicant/Representative – {Print Name}) ________________ (Date Signed)