Loading...
PC16-282 Page 1 of 54 EXHIBIT “1” Conditions of Approval for Conditional Use Permit No. 2015-157 “Cal Cruz Express Car Wash and Tire Shop at the Southwest Corner of Newport Road and Winterhawk Road” Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Page 2 of 54 Section I: Conditions Applicable to all Departments Page 3 of 54 General Conditions 1. Description Planning Application Conditional Use Permit No. 2015-157 proposes the construction and operation of a new 4,392 sq. ft. self-service, drive- thru car wash and a 6,223 sq. ft. tire shop within a 1.67 gross acre site located at the southwest corner of Newport Road and Winterhawk Road (APNs 360-020- 030 and -031). The project proposal includes 10,006 sq. ft. of landscaping (13.7% of the gross lot area) and 45 parking spaces (including 10 vacuum stations and 8 service bays). No signs affixed to the proposed buildings are proposed as part of this application. The following freestanding signs are proposed:  Two (2) free-standing, double-faced, multi-tenant monument signs (8’-0” tall, 8’-0” wide, 3’ deep): one located on the south side of the primary (northernmost) driveway off of Winterhawk Road; and the other located at the southwest corner of the intersection of Newport and Winterhawk Road. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2015-157 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2015- 157, Sheets 1-5 (Exhibits A-1, A-1.1, A-1.2, A-2, and A-5), dated 9/21/16. APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Conditional Use Permit No. 2015-157, Sheets 1-5 (Exhibits C01 to C05), dated 9/21/16. Page 4 of 54 APPROVED EXHIBIT B = Elevations (including the Car Wash, Tire Shop and Monument Sign Elevations) for Conditional Use Permit No. 2015-157, Sheets 1-4 (Exhibits C-1, C-1C, C-2, and C-2C), dated 9/21/16. APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No. 2015-157, Sheets 1-3 (Exhibits B-1 to B-3), dated 9/21/16. APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for Conditional Use Permit No. 2015-157, Sheets 1-9 (L-1 to L-9), dated 9/21/16. APPROVED EXHIBIT M = Color and Materials Board for Conditional Use Permit No. 2015-157, (Sheets 1-2) dated 9/21/16. APPROVED EXHIBIT P = Photometric Plan and Light Fixtures for Conditional Use Permit Plan No. 2015-157, Sheet A-3, dated 9/21/16. 4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permittee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permittee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Page 5 of 54 Code. For more information regarding business registration, contact the City of Menifee. 8. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one-(1)-year extension of time in which to begin substantial construction or use of this permit. Should the time period established by the extension of time request lapse, and no substantial construction or use of this permit be initiated within three (3) years of the effective date of the issuance of this permit, this permit shall become null and void. Page 6 of 54 Section II: Community Development Department Conditions of Approval Page 7 of 54 General Conditions 9. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, G, L, M, and P unless otherwise amended by these conditions of approval. 10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 11. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 12. Phases. Construction of this project may be done progressively in phases provided a phasing plan is submitted with appropriate fees to the Community Development Department and approved prior to issuance of any Building Permits. 13. Parking. Based on the Ordinance 348, Section 18.12, parking for the car wash is calculated as automobile washing and cleaning establishments (and utilizes a parking ratio of 1 spaces / 3 employees of largest shift). The site plan reads that the largest shift will include six (6) employees. Therefore, the minimum number of required parking spaces for the proposed automobile washing and cleaning establishments is two (2). Based on the Section 18.12, parking for the tire shop is calculated utilizes a parking ratio of 1 spaces/4 service bays. The site plan shows eight (8) service bays. Therefore, the minimum number of required parking spaces for the proposed tire shop is 32. There are a total of 35 parking spaces provided, including two (2) parking space for persons with disabilities. Area Employees Service Bays Ratio Parking Required Parking Provided Car Wash 6 N/A 1 space / 3 employees of largest shift 2 35 Tire Shop N/A 8 4 spaces / service bay 32 Page 8 of 54 A minimum of thirty-five (35) parking spaces (not including the two [2] loading spaces) shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department and/or Planning Commission. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of two (2) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of thirty-six (36) inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Bicycle Racks: Bicycle racks or lockers with a minimum of two (2) spaces for each building shall be provided as shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval, and shall be installed in accordance with those plans. Bicycle rack designs that employ a theme are highly encouraged. 14. Loading Areas. Two (2) loading spaces are required as shown on Approved EXHIBIT A. Loading and/or unloading of goods/supplies shall occur in designated loading areas as shown on EXHIBIT A only. No loading or unloading is allowed in front of the stores or within drive aisles. Loading areas shall be kept free of debris and clean throughout the life of this plot plan. 15. Signs. No signs affixed to the fast-food restaurant building have been approved as part of this application. The following freestanding signs have been approved: a) Two (2) free-standing, double-faced, multi-tenant monument signs (8’- 0” tall, 8’-0” wide, 3’ deep) located on the south side of the primary Page 9 of 54 (northernmost) driveway off of Winterhawk Road and located at the southwest corner of the intersection of Newport and Winterhawk Road; and Community Development Department shall confirm conformance of the free- standing signs with the APPROVED Exhibit B and M. The color and material shall match APPROVED Exhibit B and M and compliment the design of the proposed buildings. Any additional signs or substantial modifications to the signage will need to be reviewed and approved under a separate Minor Plot Plan. 16. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 17. No Tire Displays. No advertising displays, using new or used tires, shall be erected or maintained within the property subject to this approval. 18. 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. 19. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 20. Exterior Noise Levels. Facility-related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home", must not exceed the following worst- case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m. (daytime standard). 21. Noise Monitoring Reports. The permittee may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee or the permittee’s successor-in-interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee’s successor-in- interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 22. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins, tire racks, used or discarded automotive parts or equipment, permanently disabled, junked or wrecked vehicles, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. Page 10 of 54 23. Limitations on Vehicle Parking. The parking area shall be used for employee and customer parking only and not for the overnight or long-term storage of vehicles. Additionally, no vehicle to be serviced or repaired shall be parked or stored on any adjacent street or property. 24. Attendant. The applicant shall ensure that regular monitoring of the facility is provided by an attendant during business hours to control noise, litter and other nuisances. The facility shall be kept clear of debris at all times. 25. Repair Activities. All repair activities and operations shall be conducted entirely within the enclosed building. Outdoor hoists are prohibited. 26. Hours of Construction. Pursuant to Menifee Municipal Code Section 8.01.010, any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 27. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include, but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows:  All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.  The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%.  The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 28. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 29. Truck Loading Activities. Truck loading activities shall occur in the designated loading area as shown on APPROVED EXHIBIT A. Truck loading activities shall be scheduled and located in areas so as not to obstruct vehicle movement into and within the site or significantly reduce the amount of available parking. Truck Page 11 of 54 loading shall not occur within the main entry drive aisle as shown on APPROVED EXHIBIT A. 30. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than fifteen (15) minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 31. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating “The driver of a diesel-fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than five (5) minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". 32. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 33. Outdoor Events/Temporary Uses. A temporary use permit, shall be required for outdoor events and/or temporary uses as described in Menifee Municipal Code Chapter 9.6 and include, but not limited to, Farmer’s Markets, art and car shows, and sidewalk sales. ARCHEOLOGY 34. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. 35. 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 Page 12 of 54 determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” LANDSCAPING 36. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 37. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 38. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed Page 13 of 54 and approved by the Community Development Department, and the appropriate maintenance authority. 39. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES 40. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 41. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 42. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; Page 14 of 54 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 report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. Page 15 of 54 43. Noise Controls. The developer shall comply with the recommendations of the acoustical consultant. The Noise Impact Analysis was prepared by Recon Environmental, Inc. for this project (PP 2015-157) and is entitled “Noise Analysis for the Cal Cruz Express Drive-Through Car Wash and Tire Shop Project, Menifee, California, Planning Application # 2015-157”, dated March 9, 2016. Based on the finding of the Department of Environmental Health, Office of Industrial Hygiene, the following recommendations shall be implemented to provide sufficient attenuation to reduce the exterior noise levels to below 65 dB (A) 10 minute Leq during the day and 45 dB (A) 10 minute Leq at night for sensitive receivers. The Applicant shall submit the legally binding contract with the Project Contractor to the Community Development Department for review and approval. The contract shall specify these requirements. Alternatively, these requirements may be listed as notes on the grading plans and/or building plans. Operational Mitigation Measures – Hours of Operation: a. All car wash and tire shop repair bay activities shall be limited to between 7:00 A.M and 7:00 P.M. Construction Noise Mitigation: a. Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. b. Limit haul truck deliveries to the same hours specified for construction activities (above). c. To the extent feasible, haul routes should not pass sensitive land uses or residential dwellings. d. During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. e. The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise / vibration sources and sensitive receptors nearest the project site during all project construction. f. During construction, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of three minutes. Page 16 of 54 g. For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign must be posted at the project site with the contact phone number. ARCHEOLOGY 44. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. 45. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project Page 17 of 54 area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 46. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 47. Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). PALEONTOLOGY 48. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Page 18 of 54 Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. Page 19 of 54 G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. FEES 49. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 2.62 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 50. Fees. Prior to the issuance of grading permits for CUP 2015-157, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 51. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 52. Reciprocal Parking and Access Agreement. Prior to building permit issuance, a reciprocal parking and access agreement shall be recorded to share the parking spaces shown and to allow reciprocal access between the two subject parcels (APN 360-020-030 and -031). 53. Submit Building Plans. Prior to the issuance of a building permit, the permittee shall submit building plans with the City of Menifee Building and Safety Page 20 of 54 Department for building permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, C, G, M, and P. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2016 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes (or subsequent edition adopted by the City). 2. Five (5) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. 5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 54. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. If building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT B a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee shall be submitted to the Community Development Department for review and approval. If substantial modifications are proposed to the elevations, the Community Development Director may determine that Planning Commission review and approval is required. 55. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 56. Remove Billboard. The existing offsite advertising display (i.e., billboard) does not conform to the City’s Ordinance No. 348, Section 19.3 (“Outdoor Displays”) which only allow outdoor advertising displays in the C-1/C-P, M-SC, M-M, or M-H zones and require that billboards be located outside of the established setbacks and/or right-of-way lines. The billboard does not meet these requirements and thus, as is noted on the site plan, the billboard shall be removed. The billboard shall be removed prior to building permit issuance. 57. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. The location of lighting shown on the building is for conceptual purposes only and may be relocated during the building plan check. Architecturally appropriate Page 21 of 54 themed lighting fixtures shall be located along the project perimeter, project entrances, and other focal points on the project site and shall be subject to Community Development Department review and approval. Parking lot lights shall be consistent with the sample provided and described as APPROVED EXHIBIT P or as otherwise approved by the Community Development Director. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. 58. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view. All building plans shall show all roof-mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans shall be approved prior to issuance of a Building Permit. Screening material shall be subject to Community Development Department approval. Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 59. Screening of Accessory Structures. Screening of trash receptacles within trellised enclosures and encasing mechanical equipment within small structures compatible in color and materials to the adjacent landscaping or the primary structures shall be required and methods of screening shall be included on building plans and/or landscaping plans. 60. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that provides 360-degree coverage on the outside of the buildings and clearly depicts the entire parking field, parking lot entrances and exits, and building entrances. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Sheriff’s Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month. The plan shall be approved prior to issuance of Building Permits. In addition, the trash enclosure shall be properly secured and have a lock as well as a covering to keep unauthorized persons from entering the dumpster area to dig through the trash. The Sheriff’s Department shall verify that the security system and trash enclosure requirements has been installed prior to final occupancy. LANDSCAPING 61. 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 Page 22 of 54 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. 62. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Division in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) and Menifee Municipal Code Section 9.86, along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Community Development Department. The location, number, genus, species, 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. Page 23 of 54 Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Addition of Interior Perimeter Trees. The site layout submitted for the Final Landscaping and Irrigation Plans review and approval shall include the following changes:  The perimeter trees on the interior side of the property line (along the northerly half of the project) were removed and should be reinserted with crape myrtles (spaced at 30’ on center) in to the Final Landscape Plans. According to the code (Section 9.86.060[M]) one tree per 30 linear feet is to be provided on the interior side of the property line. 63. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 64. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 65. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections is estimated to be $5,000. FEES 66. 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. 67. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 68. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection ARCHEOLOGY Page 24 of 54 69. Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 70. Paleontological Monitoring Report. Prior to final inspection, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 71. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 72. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B. 73. Roof Mounted Equipment. Prior to final occupancy, Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 74. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 75. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 76. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 77. Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed and the trash enclosure has been property secured in compliance with the Riverside County Sherriff Department’s requirements prior to final occupancy. Page 25 of 54 78. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, decorative paving, public plazas, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. LANDSCAPING 79. 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?” 80. 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. 81. 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. 82. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES Page 26 of 54 83. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 84. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 85. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Page 27 of 54 Section III: Engineering/Transportation/ Grading Conditions of Approval Page 28 of 54 The following are the Public Works Engineering Department Conditions of Approval for this development, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS 86. Guarantee for Required Improvements Prior to grading permit issuance, financial security shall be provided to guarantee the construction of all required improvements associated with each phase of construction. The Public Works Director may require the dedication and construction of necessary utilities, streets or other improvements outside the area of project boundary if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development. 87. Bond Agreements and Improvement Security – To guarantee the construction of all required improvements, the developer/property owner shall enter into security agreements and post bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. 88. Existing Easements - The final grading plan shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. 89. Engineered Plans - All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 90. Plan Check Submittal Process – Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies/reports, references, fees, deposits, etc. All large format plans shall be bulk folded to 9”x12”. A scanned image of all final approved grading and improvement plans on Compact Disc (CD) shall be provided to the City. 91. Plan Approvals – All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. Page 29 of 54 92. As-Built Plans – Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as- built plans shall be as determined by the Public Works Director. 93. Construction Activities and Times of Operation. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 6:30 a.m. to 7:30 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. (d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site. 94. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. B. GRADING All grading activities shall conform to the latest adopted edition of the California Building Code, City adopted Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. Prior to Grading Permit Page 30 of 54 95. Geotechnical Report - A geotechnical/soils report was submitted to the City and was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department. The developer/property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. 96. Grading Permit for Clearing and Grubbing – A grading permit is required from the PW-Engineering Department prior to any clearing, grubbing, or any topsoil disturbances related to construction grading activities. 97. Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Graded but undeveloped land shall provide, in addition to erosion control measures, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (BMPs) are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during or before an anticipated rain event. 98. Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 99. SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. 100. SWPPP for Inactive Sites – The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed. 101. Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the PW-Engineering Department. Prior to issuance of the permit, adequate performance grading Page 31 of 54 security shall be posted by the developer/property owner with the Public Works Engineering Department. 102. Import/Export – Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import/export locations from the Public Works Engineering Department. If such locations were not previously approved with an Environmental Site Assessment, a Grading Environmental Site Assessment shall be submitted for review and approval by the Community Development and the Public Works Engineering Departments prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. 103. Offsite Grading Easements - Prior to issuance of a grading permit, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. Design Guidelines: 104. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. 105. Slope Stability - A slope stability report shall be submitted and approved by the PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over 30 feet in vertical height - unless addressed in a previously City approved report. 106. Slope Landscaping and Irrigation – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City adopted Riverside County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 107. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per City adopted Riverside County Ordinance 457. 108. Temporary Erosion Control Measures - shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to PW Engineering for review and approval. 109. Dust Control - During actual grading, all necessary measures to control dust shall be implemented by the developer/property owner in accordance with Air Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. Page 32 of 54 110. Design Grade Criteria: a) On-Site Parking – Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b) Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. c) Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%, or approved by the PW Director/City Engineer. 111. Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at the expense of the developer/property owner. Prior to Building Permit 112. No Building Permit without Grading Permit - Prior to issuance of any building permit, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 113. Final Rough Grading Conditions – Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 114. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Issuance of Certificate of Occupancy 115. Final Grade Certification – The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building Page 33 of 54 requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 116. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. DRAINAGE General Conditions 117. 10 YR Curb – 100 YR ROW: The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 118. 100 YR Sump Outlet: Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 119. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 120. Interceptor Drain Criteria: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. 121. BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 122. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. Prior to Grading Permit Issuance 123. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or Page 34 of 54 diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 124. Protection of Downstream Properties - The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements. Prior to Building Permit Issuance 125. Submit Plans: A copy of the improvement plans, grading plans, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. For facilities proposed for ownership by the Flood Control District, plans shall be submitted to Flood Control with a Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 126. Offsite Easements or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the PW Engineering Department prior to building permit issuance. If the developer cannot obtain such rights, should be redesigned to eliminate the need for the easement. 127. Written Permission for Grading: Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the project boundary. A copy of the written authorization shall be submitted to the PW Engineering Department for review and approval. 128. Storm Drain Lines 36” and larger - All proposed storm drain lines equal to or greater than 36" in diameter may be considered for ownership and maintenance by the Flood Control District. Drainage Design Criteria 129. 100-Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee. 130. 10-Year Curb/100-Year ROW - The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. All lots shall be graded to drain to the adjacent street or an adequate outlet. 131. 100-Year Sump Outlet - Drainage facilities out-letting sump conditions shall be designed to convey the tributary 100-year storm flows, and additional emergency escape shall also be provided. Page 35 of 54 132. Finish Grade - shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 133. Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 134. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, planting erosion resistant vegetation shall provide protection of the native soils. All cut and fill slopes shall have a maximum 2:1 grade (H:V). 135. Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. 136. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. 137. Energy Dissipators - Energy dissipators, such as riprap, shall be installed at the outlet of storm drain systems discharging runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. D. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS 138. Traffic Impact Analysis Report – The development shall comply with all the mitigation measures identified to be constructed or provided in the approved traffic impact analysis (TIA), dated March 29, 2016 prepared by Urban Crossroads. The Public Works Department – Traffic Engineering Division has reviewed the TIA and has generally concurred with its findings. The developer/property owner shall be responsible for all improvements and mitigations, such as but not limited to; right-of-way frontage improvements, traffic signal construction or mitigation, fair share fees, required or identified in the approved traffic study and according to these Conditions of Approval. All required improvements identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. The recommendations/mitigation measures outlined in the approved TIA are as discussed below. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director. Prior to Issuance of Building Permit 139. Signing and Striping Plan – Prior to issuance of a building permit, any necessary signing and striping plan shall be approved by the City Traffic Page 36 of 54 Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. Signing and striping plans shall be designed to restrict all left-turn movements on Newport Road in between Bradley Road and Winter Hawk Road with the exception of a striped left turn pocket on Newport Road at the western-most driveway as shown in the TIA. The western-most driveway will allow for right-in, right-out and left-in access only. Signing and striping plans may include a striped bike lane per City General Plan requirements. Signing and striping plans may be requested during final engineering for driveway access on Winter Hawk Road. (The condition listed above was modified by the Planning Commission at the November 9, 2016 public hearing, because the removed verbiage was not applicable.) 140. Driveway Geometrics- Final driveway geometrics may be modified in final engineering as approved by the Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. In its discretion, the City will evaluate traffic operations of the left-turn in access on Newport Road. The City reserves the right to remove left turn access if traffic operations are deemed failing or for any other reason permitted by law. Additionally, if the City decides to construct a raised median on Newport Road, the Public Works Director will review left-turn in traffic operations on Newport Road into this project and the west driveway to determine operational feasibility and potential modifications. 141. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following: a) Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b) Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c) Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. Page 37 of 54 d) No construction related traffic shall be allowed on Menifee Road south of Rockport Road for the purposes of limiting noise, safety, and other impacts to the nearby school and residential land uses to the south. 142. Fair Share Cost Estimates- This project is required to contribute fair share costs for associated traffic related improvements along the project frontage with respect to ultimate improvements. The fair share cost estimates for geometric improvements shall be based on conceptual exhibits. The conceptual exhibits shall show the proposed improvements overlaid onto the existing roadway in order to determine the construction cost of said improvement. 143. TUMF Improvement and Credit Agreement – In order to obtain credit for TUMF eligible facilities, the developer shall enter into a three party TUMF Improvement and Credit Agreement with WRCOG and the City of Menifee. The agreement shall be in accordance with City Ordinances and WRCOG Administrative Policy. The agreement requires WRCOG approval and City Council action. Prior to Issuance of Certificate of Occupancy 144. Cost Participation Through Payment of TUMF and DIF for Offsite Improvements- The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering into a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee. 145. Fair-Share Cost Participation for Off-site Improvements- The developer/property owner shall pay fair share costs for the raised median improvement along Newport Road. The developer/project owner shall pay 50% of the cost for a 14’ wide raised median covering a length approximately the project frontage. E. STREET STANDARDS, DEDICATIONS, AND VACATIONS 146. Improvements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. a. Newport Road – Shall be improved to its General Plan designation of a 6-lane Urban Arterial with a minimum required half width (76’/53’-55’) b. Winterhawk Road – Shall be improved to a modified Industrial Collector designation, meeting a minimum required half width (40’/29’) Street improvement plans shall be prepared based upon a design profile including transition improvements extending a minimum of 300 feet beyond project boundaries at grade and alignment approved by PW Engineering Department. Page 38 of 54 147. Bike Lanes. In accordance with the City of Menifee General Plan and APPROVED EXHIBIT A and G, a Class II striped bike lane shall be provided on the south (eastbound) side of Newport Road. The Newport Road bike lane shall have enhanced striping to distinguish it from a vehicle travel lane. 148. Soils and Pavement Report – Street pavement structural designs shall comply with the recommendations in the City approved Project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the PW Director. 149. Streetlight Plan – Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW Director. 150. Streetlight Design as LS-3 Rate Lights – All streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 151. Public Streetlights Service Points – All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 152. Street Name Sign - The developer/property owner shall install street name sign(s) in accordance with applicable City Standards or as directed by the PW Engineering Department. 153. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. Prior to Building Permit Issuance 154. Onsite Overhead Lines within Dedicated ROW Boundaries –The developer/property owners shall coordinate the undergrounding, relocation or removal of said lines with appropriate agencies. ROWs with existing overhead lines shall not be vacated without the utilities being first removed, relocated or replaced. Newport Road has existing overhead lines. 155. Acceptance of Public Roadway Dedication and Improvements – Onsite easements and right-of way for public roadways shall be granted to the City of Menifee through acceptable recordable instrument. Any off-site rights-of-way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Any shared access roads necessary for the Page 39 of 54 adequate circulation of the proposed project, shall be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance. 156. Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Conditions). 157. Encroachment Permits – The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. Prior to Issuance of Certificate of Occupancy 158. Driveways and Driveway Approaches – Driveways and driveway Approaches shall be designed and constructed per City standards. The modified County of Riverside standard 207A may be used as approved by the Public Works Director. Prior to issuance of Certificate of Occupancy, required driveways shall be constructed. 159. Completion of Street Improvements – Prior to issuance of a Certificate of Occupancy, the following street components shall be completed: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. g) BMP facilities required per approved final WQMP F. WATER, SEWER, AND RECYCLED WATER Page 40 of 54 160. Meet Minimum Standards - All water, sewer and recycled water improvements shall be designed per the City adopted County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 161. Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the City PW Department and EMWD. 162. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit issuance. G. NPDES AND WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 163. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: (a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. (b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. (c) Provision of concrete slab floor, graded to collect any spill within the enclosure. (d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. (e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: Page 41 of 54 (a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. (b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. (c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Prior to Issuance of Grading Permit 164. Final Project Specific Water Quality Management Plan (Final WQMP): Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non- structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a) Hydrology/hydraulics report b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 165. Revising The Final WQMP: In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 166. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy Page 42 of 54 167. Implement Project Specific WQMP: All structural BMPs described in the project-specific WQMP shall be constructed and operational in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project, prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. 168. WQMP/BMP Education: Prior to issuance of any Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants, of all non-structural BMPs and educational and training requirements for said BMPs as directed in the approved WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized affidavit. The developer must provide to the PW Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. NPDES Public Educational Program materials may be obtained from the Riverside County Flood Control and Water Conservation District (District) - NPDES Section by accessing the District's website at www.floodcontrol.co.riverside.ca.us. H. WASTE MANAGEMENT 169. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#m andatory 170. AB 1826. AB 1826 (effective April 1, 2016) requires businesses to generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the follo9wing actions in order to divert organic wast4e from disposal: Page 43 of 54 a. Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. 171. Hazardous Materials. Hazardous materials are not accepted at Riverside County landfills. In compliance with federal, state, and local regulations and ordinances, any hazardous waste generated in association with the project shall be disposed of at a permitted Hazardous Waste disposal facility. Hazardous waste materials include, but are not limited to, paint, batteries, oil, asbestos, and solvents. For further information regarding the determination, transport, and disposal of hazardous waste, please contact the Riverside County Department of Environmental Health, Environmental Protection and Oversight Division, at 1- 800-722-4234. Prior to Building Permit Issuance 172. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 173. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Page 44 of 54 The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. Prior to Issuance of Certificate of Occupancy 174. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. 175. SWRCB, Trash Amendments: State Water Resources Control Board, Resolution 2015-0019, an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California, shall be adhered to with implementation measures, prior to building permit issuance. I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 Prior to Building Permit Issuance 176. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - Prior to the issuance of a Building Permit, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD 2015-2. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 177. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the issuance of a building permit but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to building permit issuance. 178. Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance to make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. Page 45 of 54 179. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 180. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 181. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 182. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 183. Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Prior to Building Permit Issuance 184. ZONE C of the RBBD - The project proponent shall pay fees in accordance with Zone C of the Menifee Valley Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment to the time of issuance of a building permit. Fees approved for deferral shall be based upon the fee schedule in effect at the time of issuance of the permit. Prior to Issuance of Certificate of Occupancy 185. TUMF Fees - Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee Page 46 of 54 (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. Page 47 of 54 Section IV: Riverside County Fire Department Conditions of Approval Page 48 of 54 General Conditions 186. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number 15-MENI-CUP-157) is required on all correspondence. Additional information is available at our website: www.rvcfire.org or go to the link marked “Ordinance 787”. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 187. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 188. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 189. Super Fire Hydrants. An approved standard fire hydrant (6"x4"x2 1/2") shall be located within 500 feet of the driveway entrance as measured along approved vehicular travel way. Minimum fire flow shall be 1,500 GPM for 2 hour duration at 20 PSI. Prior to Issuance of Building Permit 190. Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. Prior to Final Inspection 191. Fire Sprinklers. Fire sprinklers are required in all buildings exceeding 3,600 sq. ft. Install Fire Sprinkler Systems per NFPA 13, 2013 Edition. Plans must be submitted to the Fire Dept. for review and approval prior to installation. 192. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. Page 49 of 54 193. Install an alarm monitoring or fire alarm system. A C-10 licensed contractor must submit plans along with the current permit fees for review and approval prior to installation. 194. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2013 California Building Code. No Class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 195. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2013 California Building Code. 196. Electrical room doors, FAC, fire riser, roof access if applicable shall be labeled as per use. Page 50 of 54 Section V: Riverside County Environmental Health Conditions of Approval Page 51 of 54 General Conditions 197. Potable Water and Sanitary Sewer. A “General Condition” shall be placed on all project(s) indicating that any future projects associated with the above Assessor’s Parcel Number are proposing to receive potable water and sanitary sewer service from Eastern Municipal Water District (EMWD). As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor/clarifier requirements, including sizing capacity and other structural specifications if necessary. 198. District Environmental Services (DES). At this time, project proposal does not include a food facility. If any foods are to be sold at this site, applicant must contact the Murrieta DES office for plan check/permitting requirements. Please contact (951)461-0284. 199. Office of Industrial Hygiene. Based on the County of Riverside, Industrial Hygiene Program’s review of the aforementioned Noise Study, CUP2015-157 shall comply with recommendations set forth under the Industrial Hygiene Program’s response dated March 22, 2016 care of Steve Uhlman, REHS, CIH. Noise Consultant: RECON Environmental, Inc. 1927 Fifth Street San Diego, CA 92101 Noise Study: “Noise Analysis for the Cal Cruz Express Drive-Through Car Wash and Tire Shop Project, Menifee, California, Planning Application # 2015-157”, March 9, 2016 (RECON #7594-1) Prior to Final Inspection 200. Hazardous Materials Management Branch (HMMB). Prior to building permit final, the owner or operator of any business that handles or stores any hazardous material/waste equal to or above the threshold quantities; 55 gallons of a liquid, 200 cubic feet of a gas, 500 pounds of a solid, and/or radioactive materials (where an emergency plan is required by Federal Law), and/or extremely hazardous substances, shall contact the Department of Environmental Health Hazardous Materials Management Branch at (951)358-5055 for requirements. Page 52 of 54 Section VI: Riverside County Environmental Programs Department Conditions of Approval Page 53 of 54 Prior to Grading Permit Conditions 201. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP), within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. If the site is not precise graded within six (6) months of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of six (6) months or more, a new survey shall be required. 202. Nesting Bird Survey. If grading is to occur during the nesting season (February 15 – August 31), a nesting bird survey shall be conducted within three (3) days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding an MOU with Riverside County. The findings shall be submitted to EPD for review and approval. Page 54 of 54 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print)