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PC16-271 EXHIBIT “1” Conditions of Approval for Conditional Use Permit No. 2015-036 “Del Monte” Wireless Stealth Communication Tower Project Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Public Works and Engineering Department Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Department of Environmental Health Conditions of Approval Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 2 of 22 Section I: Conditions Applicable to all Departments Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 3 of 22 General Conditions 1. Project Description. Conditional Use Permit No. 2015-036 proposes the construction and operation of an unmanned telecommunications facility consisting of a freestanding 60’-0” foot- tall stealth tower with ground equipment (including two [2] equipment cabinets and a backup generator) located (at ground level) within the 576 square foot (24’ wide x 24’ deep x 60’ tall) tower. Other equipment includes the installation of t hree (3) sectors of four (4) antennas per sector (twelve [12] antennas total) at a height of 50’-0” (vertical center of antennas) (above ground level), four (4) remote radio units (RRUs) per sector (twelve [12] RRUs total), and one (1) microwave dish all of which will be located inside the proposed tower and concealed from public view. The tower is located south of an existing church parking lot (Valley Church of Christ) located at 29035 Del Monte Drive (APN: 338-024-031). The tower is on a separate undeveloped property used for parking by the church (APN: 338-024- 032). 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2015-036 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2015-036, dated August 9, 2016. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2015-036, dated August 9, 2016. APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No. 2015- 036, dated August 9, 2016. 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, Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 4 of 22 dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 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 facilit y 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. Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 5 of 22 10. Engineering Department. Compliance with Engineering Department directives and all required permits shall be obtained prior to establishment or continuation of the use. 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. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 6 of 22 Section II: Community Development Department Conditions of Approval Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 7 of 22 General Conditions 12. 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 mitig ation measures acceptable to the Riverside County Department of Information Technology and the City of Menifee. 15. Comply with. Geologic Report. The developer shall comply with the recommendations of the Geologic Report prepared by AESCO for this project (CUP 2015-036) and is entitled: “Geotechnical Report Proposed Verizon Wireless Communications Facility Site Name: Del Monte 29035 Del Monte Drive Menifee, CA AESCO Project NO. 20150395-D6874”, dated June 26, 2015. 16. Height. The antennas shall be fully concealed within the proposed faux tower at a height of 50 (50) feet (above ground level) (measured at the vertical centerline of the antennas). The peak of the tower shall not measure more than sixty (60) 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. 17. 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. 2009-024 – 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. 18. Equipment Cabinet Shielding. The ground equipment shall be located within the tower enclosure and shall not be visible from public view. The site plan shows the tower walls to be twenty (20) feet tall with exterior stucco, stucco trim and stone veneer. 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. 19. Maintenance of Hardscape and Debris Removal. The telecommunications service provider (i.e., the wireless facility lessee) shall maintain support facilities Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 8 of 22 (i.e., cleaning, painting and specifically the removal of graffiti immediately). The property owner shall agree to perform such maintenance to the extent the 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. 20. 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). T he 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. 21. 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 dis position 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 Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 9 of 22 historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 22. 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). 23. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 10 of 22 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.” 24. 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. 25. 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 26. 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. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 11 of 22 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; 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. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 12 of 22 report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 27. 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 1.84 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. 28. 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 September15th). 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 report, 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. 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 Conditional Use Permit 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. Fees. Prior to the issuance of grading permits for CUP No. 2015-036, 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 31. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 13 of 22 32. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 33. 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, C. 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. 34. Elevations. Elevations of all structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 35. 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. 36. Floor Plans. Floor plans of all structures submitted for building plan check approval shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 37. 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. Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 14 of 22 38. 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 Conditional Use Permit 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. 39. Fees. Prior to issuance of building permits for CUP No. 2015-036, 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. 40. 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. 41. 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 that the provision from MMC Section 9.08 as noted above has been added to the lease. Prior to Building Final Inspection 42. 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. 43. Cell Tower Physical Condition. The tower itself, as well as the proposed walls and lease area, shall be in good repair, including damaged or missing walls or landscaping, and/or any other apparent items needing repair. FEES 44. 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. Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 15 of 22 45. 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. 46. 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. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 16 of 22 Section III: Public Works and Engineering Department Conditions of Approval Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 17 of 22 General Condition 47. 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. 48. 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. 49. Erosion Control Plans. All grading plans shall require erosion control plans approved by the Public Works-Engineering Department. Prior to Grading Permit Issuance 50. WQMP - Applicant to fill out WQMP checklist form and submit to the City for review and records. Prior to Building Permit Issuance 51. Waste Recycling Plan. Prior to issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering / Public Works Department for approval. At a minimum, the WRP must identify materials (i.e., cardboard, concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins: one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Building Final Inspection 52. Waste Recycling Plan Compliance. Prior to final inspections, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved Waste Recycling Plan (WRP) shall be presented by the project proponent to the City of Menifee Engineering / Public Works Department. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 18 of 22 Section IV: Riverside County Fire Department Conditions of Approval Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 19 of 22 General Conditions 53. 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. Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 54. 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 Prior to Building Permit 55. Building Plan Submittal. Submit site and building plans to the Fire Department for review and approval. Prior to Building Final Inspection 56. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 70 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. 57. Provide a KNOX padlock for the manual gate. 58. Install (1) 2A10BC Fire Extinguisher near the battery storage area or in the electrical building. 59. Install an information sign, located at the main gate which provides emergency contact information for the site. Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 20 of 22 Section V: Riverside County Environmental Health Conditions of Approval Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 21 of 22 General Conditions 60. Future Restroom Facilities. Pursuant to the Riverside County Department of Environmental Health comment letter dated July 30, 2015, 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. 61. 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 62. 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. END OF CONDITIONS Conditions of Approval Conditional Use Permit No. 2015-036 – “Del Monte” Wireless Stealth Communication Tower Project August 24, 2016 22 of 22 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)