Loading...
PC16-293Page 1 of 48 EXHIBIT “1” Conditions of Approval for Conditional Use Permit No. 2015-156 “All Star Super Storage” Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Public Works and Engineering Department Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Page 2 of 48 Section I: Conditions Applicable to all Departments Page 3 of 48 General Conditions 1. 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. 2. Description Planning Application Conditional Use Permit No. 2015-156 is a proposal for the expansion of an existing self-storage facility by 225,674 square feet. The project site consists of two contiguous parcels. The northern parcel has an area of 8.29 acres (Parcel 1) (APN 360-350-028) and is currently developed with the existing 190,689 square foot All Star Super Storage facility. Conditional Use Permit No. 2015-156 includes the expansion of the storage facility onto the southern parcel having an area of 9.77 acres (Parcel 2) (APN 360-350-029) consisting of 15 buildings with an area of 225,674 square feet and the redevelopment of approximately 0.08 acres of the northern parcel with new/improved access roads, driveway entrances, and the reconfiguration of one existing building to provide for a unified storage facility. A Deviation is also proposed to allow for the encroachment of an ADA loading space in the required 25-foot front yard setback and for Administrative Relief from Sign Code standards for a proposed 56 square foot sign. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2015-156 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- 156, dated 11/15/16. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2015- 156, dated 11/15/16. APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No. 2015- 156, dated 11/15/16. APPROVED EXHIBIT G = Conceptual Grading Plans for Conditional Use Permit No. 2015-156, dated 11/15/16. Page 4 of 48 APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for Conditional Use Permit No. 2015-156, dated 11/15/16. APPROVED EXHIBIT M = Color and Materials Board for Conditional Use Permit No. 2015-156, dated 11/15/16. APPROVED EXHIBIT S = Sign Exhibit for Conditional Use Permit No. 2015- 156, dated 11/15/16. 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. Storage Unit Limitations. Storage units shall be designated and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis. In no case shall storage spaces be used for manufacturing, retail or wholesale selling, compounding, office functions, other business or service uses, or human habitation. Individual storage spaces within the self-storage facility shall have a maximum gross floor area of 500 square feet. The following facilities shall not be permitted in mini-warehouses:  No, water, sanitary facilities, or electricity, with the exception of lighting fixtures, shall be provided in individual storage units.  Prefabricated shipping containers shall not be used as mini-warehouse facilities. The following prohibited materials shall not be stored in mini-warehouse facilities:  Flammable or explosive matter or materials.  Matter or material which create obnoxious dust, odor, or fumes.  Hazardous or extremely hazardous waste, as defined by applicable provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100, et. seq.) 6. No Second Floor. No tenant improvement permit, or any other building permit, shall be granted for any second story, second floor, mezzanine, or interior balcony unless a conditional use permit or a revised conditional use permit is approved by the Community Development Department pursuant to Section 18.12 of Ordinance No. 348 in order to assure adequate parking remains within the property. Only the existing office building shall have a second floor. All storage units shall be single story. 7. No Subdivision. In no case shall the project site be subdivided to allow for the of individual storage units. Page 5 of 48 8. 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. 9. 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. 10. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 11. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should the one-year extension be obtained and no substantial construction or use of this Conditional Use Permit be initiated within three (3) years of the effective date of the issuance of this Conditional Use Permit, this Conditional Use Permit shall become null and void. Use of the permit shall be considered applied to the entire project site, including Phase II, even if initial use prior to expiration only occurs within the Phase I area. Page 6 of 48 Section II: Community Development Department Conditions of Approval Page 7 of 48 General Conditions 12. 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 S unless otherwise amended by these conditions of approval. 13. 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. 14. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 15. Phases. Construction of this project may be done in three phases as represented in the submitted Phasing Exhibit for the project. All landscaping shall be installed in accordance with Approved Exhibit L with the construction of its corresponding building phase and/or shall be installed within five (5) years of the start of building construction whichever occurs first. 16. Parking. Based on the Ordinance 348, Section 18.12, parking for project is calculated under the requirements for mini-warehouses, self-storage using a parking ratio of 2 space/ 3 employees. The required parking spaces for the proposed self-storage facility is 6 spaces (9 employees/3=3, 3 x 2 =6 spaces). There are a total of 13 standard parking spaces provided, and two (2) additional space for persons with disabilities 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 (one existing and one proposed) 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: Page 8 of 48 "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. 17. Signs. The approved 56 square foot sign shall be consistent with APPROVED EXHIBIT S. Building permits for all signage shall be reviewed and approved by the Community Development Department to confirm conformance with the approved sign program and Menifee Municipal Code Chapter 9.76. No other signage has been approved under this application. Any additional signage will require subsequent review and applications. 18. 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. 19. 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. 20. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers (excluding containers for recycling centers) will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 21. Hours of Construction. 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. 22. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include, but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). 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 Page 9 of 48 least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%.  The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 23. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. ARCHEOLOGY 24. 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. 25. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. Page 10 of 48 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 26. 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). 27. 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. 28. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 29. Phasing of Landscaping. Phase 2 and 3 landscaping shall be installed in accordance with Approved Exhibit L with the construction of its corresponding building phase and/or shall be installed within five (5) years of the start of building construction whichever occurs first. FEES 30. 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 Page 11 of 48 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 31. Grading Plan Review. The rough and precise grading plans shall be submitted for grading plan check approval and shall be in substantial conformance with the site plan conceptual landscaping plans and conceptual grading plans (APPROVED EXHIBITS A, G and L). 32. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Conditional Use Permit which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 33. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; Page 12 of 48 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. BIOLOGICAL RESOURCES 34. Burrowing Owl. Pursuant to Objectives 5 and 6 of the Species Account for the Burrowing Owl included in the Western Riverside County 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 provided in writing to the Community Development Department for review and approval. If it is determined that the project site is occupied by the Burrowing Owl, take of “active” nests shall Page 13 of 48 be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. A grading permit may be issued once the species has been relocated. If the grading permit is not obtained within 30 days of the survey, a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. 35. Nesting Bird. Birds and their nests are protected by the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Codes. Since the project supports suitable nesting bird habitat, removal of vegetation or any other potential nesting bird habitat disturbances shall be conducted outside of the avian nesting season (February 1st through September 15th). If habitat must be cleared during the nesting season or disturbances occur within 500 feet, a preconstruction nesting bird survey shall be conducted. The preconstruction nesting bird survey must be conducted by a biologist who holds a current MOU with the County of Riverside. If nesting activity is observed, appropriate avoidance measures shall be adopted to avoid any potential impacts to nesting birds. The nesting bird survey must be completed no more than 3 days prior to any ground disturbance. If ground disturbance does not begin within 3 days of the survey date, a second survey must be conducted. Prior to the issuance of a grading or building permit the project proponent must provide written proof to the City of Menifee Community Development Department that a biologist who holds a MOU with the County of Riverside has been retained to carry out the required survey. Documentation submitted to prove compliance prior to grading or building permit issuance must at a minimum include the name and contact information for the Consulting Biologist and a signed statement from them confirming that they have been contracted by the applicant to conduct a Preconstruction Nesting Bird Survey. In some cases, the Community Development Department may also require a Monitoring and Avoidance Plan prior to the issuance of a grading or building permit. Prior to finalization of a grading permit or prior to issuance of any building permits, the projects consulting biologist shall prepare and submit a report to the Community Development Department for review, documenting the results of the survey. 36. Biological Monitoring. Prior to grading permit issuance, a qualified biological monitor shall be contracted to provide biological monitoring of the grading and construction activities and to survey the site for nesting birds. A work plan shall be submitted to the Community Development Department from the qualified biological monitor to review and approve, that may include but not be limited to Best Management Practices (BMPs), fencing of Open Space/Conserved Areas, and monitoring reports. The applicant must provide evidence that the qualified biologist has reviewed all construction plans and proposed activities to minimize impacts to any sensitive species and habitats. The Community Development Department may require additional documentation in the form of biological reports and/or site visit(s) to confirm completion. Page 14 of 48 37. Mitigation Credits/Mitigation Monitoring Program. Prior to the issuance of a grading permit, a biologist who holds a MOU with the County of Riverside shall submit documentation that the appropriate mitigation credits have been purchased in accordance with the mitigation measures described in the document titled “Determination of Biologically Equivalent or Superior Preservation Analysis” prepared by Glenn Lukos Associates, Inc. and dated September 22, 2015. The existing drainage will be removed and replaced with a drainage easement and concrete trapezoidal channel. In the event that onsite mitigation is included in the mitigation package, the biologist shall provide a Mitigation Monitoring Plan (MMP) to the City of Menifee Community Development Department for review and approval. The MMP shall include, but not be limited to: time lines, success criteria, reporting standards, financial assurances, and plans for conveyance of lands to a conservation agency for long term management. ARCHEOLOGY 38. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor ground- disturbing activities involving clearing and grubbing and grading in the areas of the blue line stream, detention basin, and utility trenches 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 ground-disturbing activities involving clearing and grubbing and grading in the areas of the blue line stream, detention basin, and utility trenches. 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. 39. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on- site during ground-disturbing activities involving clearing and grubbing and grading in the areas of the blue line stream, detention basin, and utility trenches. The boundaries of areas to be monitored shall be determined by the grading superintendent, the project archaeologist and the Pechanga Tribe based on existing field conditions. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of Page 15 of 48 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. 40. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on- site during ground-disturbing activities involving clearing and grubbing and grading in the areas of the blue line stream, detention basin, and utility trenches. The boundaries of areas to be monitored shall be determined by the grading superintendent, the project archaeologist and the Soboba Tribe based on existing field conditions. 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 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. 41. 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 42. 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). Page 16 of 48 The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as- needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if 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 Page 17 of 48 specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. FEES 43. 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 10.25 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. 44. Fees. Prior to the issuance of grading permits, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 45. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Conditional Use Permit which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 46. Submit Building Plans. Prior to the issuance of a building permit, the permittee shall submit building plans with the City of Menifee Building and Safety Department Page 18 of 48 for building permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, L, M and S. 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. 47. 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 Conditional Use Permit application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (Conditional Use Permits 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. Building plans submitted for Phase 1 Construction of the project shall include façade enhancements for the east elevation of existing Building P facing the I- 215 Freeway. As Amended by the Planning Commission on December 14, 2016 48. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 49. Fencing. Fence and wall plans shall be is substantial conformance with that shown on APPROVED EXHIBIT A. 50. 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. Page 19 of 48 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. 51. 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. 52. 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. The applicant shall provide a temporary security system shall be operational during construction of the project. The permanent security camera system shall be based in one of the buildings containing the management office for this development, or other place acceptable to the Sheriff’s Department, that is accessible to law enforcement at all times of the day and night or as determined by the Sherriff’s Department. 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. The security camera system shall include a 24/7 live camera feed or other type of system as approved by the Sheriff’s Department. 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 53. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Page 20 of 48 54. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Division in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and Chapter 9.86 and the conditions of approval. 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 Conditional Use Permits 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. NOTES: The landscape plot plan may include the requirements of any other minor plot plan required by the 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 and 9.86 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Note on Conceptual Plans The conceptual landscaping plans show general locations for shrubs, groundcover and trees, but does not specify the size and each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type of plants, or change the size of plants on the working drawing. Page 21 of 48 Vines. Vines shall be provided as specified on APPROVED EXHIBIT L and B. Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Interim Landscaping. Graded but undeveloped land included within this Conditional Use Permit application 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). Enhanced Paving. The landscaping and irrigation plans shall show the location and types of hardscape, including enhanced paving, throughout the site consistent with APPROVED EXHIBIT A and EXHIBIT L. Existing Storage Facility. Landscaping at the existing storage facility shall be refurbished as part of the Phase 1 of construction. All dead or unhealthy shrubs and ground cover shall be replaced with plant species listed on the proposed planting legend used for the new expansion to the facility. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 55. 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 56. 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. 57. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 58. 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 59. 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 Page 22 of 48 paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 60. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Conditional Use Permit which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 61. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B. Façade enhancements proposed for the east elevation of existing Building P facing the I-215 Freeway shall be completed as part of Phase 1 of construction for the project. As Amended by the Planning Commission on December 14, 2016. 62. 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. 63. 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. 64. Trash Enclosures. One (1) trash enclosure which is adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block (including masonry cap) with landscaping screening, roof covering and a solid gate which screens the bins from external view. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 65. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 66. Hardscaping. All hardscaping, including enhanced paving shall have been installed in accordance with the approved landscaping, irrigation and shading plans. Page 23 of 48 67. 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. 68. Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed in compliance with the Riverside County Sherriff Department’s requirements prior to final occupancy. 69. 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, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. LANDSCAPING 70. 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?” 71. 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. 72. 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. 73. 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 Page 24 of 48 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 74. 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. 75. 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. 76. 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 25 of 48 Section III: Public Works and Engineering Department Conditions of Approval Page 26 of 48 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 77. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 78. 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 any particular map phase if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development. 79. 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. 80. 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. 81. 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. 82. 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. ACAD files 2004 or later are required for all final maps upon approval. 83. Plan Approvals. All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or 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, Page 27 of 48 hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 84. 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 Engineering 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. 85. 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. 86. Dry Utility Installations. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with City adopted Riverside County 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. Page 28 of 48 Prior to Grading Permit 87. 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. 88. 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. 89. 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. 90. 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 Resources 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. 91. 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. 92. 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 condition at all times until construction is completed. Page 29 of 48 93. 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 security shall be posted by the developer/property owner with the Public Works Engineering Department. 94. 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. 95. Offsite Grading Easements. 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. 96. 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. 97. 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. 98. 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. 99. 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. 100. 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. 101. 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 Page 30 of 48 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. 102. 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 103. 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. 104. 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. 105. 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 106. Final Grade Certification. The developer/property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 107. 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. Page 31 of 48 C. DRAINAGE 108. 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. 109. 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. 110. 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. 111. 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. This condition shall also apply to proposed bioretention basin inlets. 112. 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: 113. 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. 114. 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 parcel boundaries. A copy of the written authorization shall be submitted to the PW Engineering Department for review and approval. 115. Prior Agency Approval. The proposed development outlets on-site flows to existing Caltrans facilities. Prior to issuance of a grading permit from the City of Menifee, the developer shall receive prior approval and necessary encroachment permit from Caltrans for the proposed onsite drainage design and final hydrology facilities which outlet to existing facilities. 116. Submit Drainage Easement Documents. A public drainage easement shall be obtained from the property owners of any affected properties by the release of concentrated or diverted storm flows from Haun Rd (a public street) as a result of this development. Prior to issuance of a grading permit the drainage easement Page 32 of 48 shall be submitted to the PW Engineering Department for review and approval prior to recordation. 117. 100 YR Design Criteria. In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 10 year, 24 hour storm event in a controlled manner to the satisfaction of the PW Engineering Department. 118. Obtain 401 and 404 Permits. Prior to issuance of a grading permit, any proposed grading or construction that will impact a watercourse or wetland located either on- site or on any required off-site improvement areas, the land divider shall provide written notification to the City of Menifee Planning Department that the alteration of any watercourse or wetland complies with the requirements of U.S. Army Corp of Engineers Nationwide Permit Conditions, and the Regional Water Quality Control Board Statewide Permit. The land divider shall obtain the necessary 401 and 404 Permits from the Regional Water Quality Board and the US Army Corp of Engineers respectively; and submit copies of these permits to the City prior to issuance of a grading permit. 119. 1601 Permit. Prior to issuance of a grading permit, any proposed grading or construction that will impact a natural watercourse or wetland, located either on- site or on any required off-site improvement areas, the land divider shall provide written notification to the City of Menifee Planning Department that necessary California Department of Fish and Game (DOFG) notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place. When required by the DOFG, the land divider shall obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit). Copies of any agreement shall be submitted with the notification to the City prior to issuance of a grading permit. Prior to Building Permit Issuance 120. Lot Merger. The future building, per entitlement site plans, is being proposed over an existing property line which is not acceptable per the Building Code. To address this, the developer shall submit a lot merger application through the PW/Engineering Department. The merger shall be approved by the Department prior to issuance of any Building Permit for the proposed project site. 121. Submit Plans. A copy of the improvement plans, grading plans, final map, environmental constraint sheet, 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. 122. 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 recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. Page 33 of 48 123. 100 Year Drainage Facilities. All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee PW Engineering Department. 124. Finish Grade. Shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than 2% 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. 125. Drainage Grade. Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The Civil Engineer of Record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 126. 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). 127. Licensed Geotech. A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. D. WASTE MANAGEMENT 128. 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#mandat ory 129. STATE WATER RESOURCES CONTROL BOARD RESOLUTION 2015-0019. 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 grading permit issuance. Page 34 of 48 130. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that 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 following actions in order to divert organic wast4e from disposal: a) Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b) Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c) Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. Prior to Building Permit Issuance: 131. 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. 132. 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. Prior to Issuance of Certificate of Occupancy: 133. 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. Page 35 of 48 E. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS Prior to Issuance of Building Permit 134. Signing and Striping Plan – Prior to issuance of a building permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. Signing and striping plans may include a striped bike lane per City General Plan requirements. 135. 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. 136. 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. F. STREET STANDARDS, DEDICATIONS, AND VACATIONS 137. 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. Access from Haun Road. The proposed third driveway, southern-most to the project, does not meet current City standards in relation to minimum driveway width or minimum driveway spacing. As a result, this driveway shall be limited to right-in, right-out access only. 138. Soils and Pavement Report. Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement Page 36 of 48 investigation report, and must meet minimum City standards and specifications, as approved by the PW Director. 139. Street Improvement Plan Profile. Improvement plans shall be prepared based upon a design profile extending a minimum of 300 feet beyond project boundaries at grade and alignment approved by PW Engineering Department. 140. 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. 141. 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. 142. 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 or appropriate utility purveyor 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. 143. 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. Prior to Building Permit Issuance 144. Onsite Overhead Lines within Dedicated ROW Boundaries. Portions of existing right of ways (ROW) within project boundaries are proposed for vacation with the recordation of the final map phase containing the ROW. Prior to recordation of the final map phases that have existing overhead lines, 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. 145. 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 the final map, or other 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 adequate circulation of the proposed project, shall be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance. Haun Road shall be fully improved along the length of the proposed project frontage. Improvements include, but are not limited to; AC paving to ultimate street width, street lights, curb and gutter, sidewalk, parkway landscaping, signing and striping – all of which shall meet current, minimum, City of Menifee standards and specifications. Page 37 of 48 146. 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). The developer shall guarantee the construction of any missing public improvements along the length of the proposed project frontage. Improvements include, but are not limited to; AC paving to ultimate street width, street lights, curb and gutter, sidewalk, parkway landscaping, signing and striping – all of which shall meet current, minimum, City of Menifee standards and guidelines. 147. 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 148. Driveways and Driveway Approaches. Driveways and driveway approaches shall be designed and constructed per City Standard 208. Prior to issuance of Certificate of Occupancy, required driveways shall be constructed. 149. 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, if not already completed to serve the proposed project. b) Storm drain facilities shall be completed according to the improvement plans. c) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from EMWD is required. d) 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 EMWD is required. e) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted Riverside County Ordinance 461 and City standards and specifications. G. WATER, SEWER, AND RECYCLED WATER 150. Meet Minimum Standards. All water, sewer and recycled water improvements shall be designed per the City adopted Riverside 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. Page 38 of 48 151. 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. 152. 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 final map recordation. H. 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. 153. Trash Enclosures Standards and Specifications. Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2- inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. Page 39 of 48 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. 154. Final WQMP Design Criteria. In final engineering and prior to the approval of the final WQMP, the following information shall be provided for review and approval: a) Full bioretention basin design details including, but not limited to: dimensions, inlet/outlet structures, elevations, side walls for structural stability extending down to below the gravel layer, energy dissipation/riprap, underdrain size/location, and soil media/gravel specifications, to the satisfaction of the PW Engineering Department. b) The final WQMP shall be designed to mitigate increased runoff to meet the 2 year, 24 hour storm. Hydromodification analysis shall clearly show that the proposed system has adequate flow control and storage required to meet all HCOC mitigation criteria. c) Operation and Maintenance Plan must be provided including detailed information on public maintenance requirements of both onsite and offsite systems, pump system, subsurface storage, permeable pavement, bioretention basins, and all related structural and nonstructural educational materials. Prior to Issuance of Grading Permit 155. 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 156. 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. 157. 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 Page 40 of 48 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 158. 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, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. 159. 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. I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 Prior to Building Permit Issuance 160. 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 costs associated with the annexation of the proposed development in the citywide CFD. 161. 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 Page 41 of 48 all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to final map recordation. 162. 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 plan 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 may be required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 163. 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. 164. 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. 165. 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. K. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 166. Fees and Deposits. Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, 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 167. Zone C of the RBBD. Prior to the recordation of the final map, or any phase thereof, 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 Page 42 of 48 168. TUMF Fees. Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. Page 43 of 48 Section IV: Riverside County Fire Department Conditions of Approval Page 44 of 48 General Conditions 169. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (15-MENI-PP-156) is required on all correspondence. Additional information is available at our website: www.rvcfire.org. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 170. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards: 171. No Hazardous Materials: Storage units shall not be used for the use, storage, or handling of hazardous materials. 172. Fire Hydrants: Provide fire hydrants within 400 feet of all portions of all structures. 173. Fire Flow: Provide or show there exists a water system capable of delivering fire flow as required by California Fire Code and Riverside County Fire Department standards. 174. Water Plans: Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 175. Water System Prior to Permit Issuance: Prior to issuance of building permits, the water system for fire protection must be installed and approved by the Fire Department. 176. Fire Department Access: Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 177. Building Address Numbers: Display street numbers in a prominent location on the address side of buildings and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for buildings up to 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. Page 45 of 48 178. Knox Rapid Entry System: the building shall be equipped with a Knox Rapid Entry System. Contact the Riverside County Fire Department for further information. 179. These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time. Page 46 of 48 Section V: Riverside County Environmental Health Conditions of Approval Page 47 of 48 General Conditions 180. Potable Water and Sanitary Sewer. Any future projects associated with APN:360-350-029 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 requirements, including sizing capacity and other structural specifications if necessary. All existing septic systems and/or wells shall be properly removed or abandoned under permit with DEH. 181. Environmental Cleanup. Based on the information provided in the environmental assessment documents submitted or this project and a site visit conducted y RCDEH-ECP staff and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes no further environmental assessment is required for this project. If previously unidentified contamination or the presence of a natural occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. 182. Retention Basin(s) – No Vectors. Any proposed retention basin(s) shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. Page 48 of 48 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)