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PC17-350Page 1 of 53 EXHIBIT “1” Conditions of Approval for Plot Plan No. 2017-021, Conditional Use Permit No. 2017- 277 and Administrative Relief No. 2017-276 “Newport Towne Square II” 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 Section VI: Riverside County Flood Control and Water Conservation District Page 2 of 53 Section I: Conditions Applicable to all Departments Page 3 of 53 General Conditions 1. Description. Planning Application Plot Plan No. 2017-021 proposes the construction and operation of a commercial center anchored by a 29,536-sq. ft. Smart and Final Market (Major A) on an approximately 5.36 acre site. The center will also include a 17,000-sq. ft. retail building (Major B) and a pad for an 8,700- sq. ft. sit down restaurant (Pad 1). The proposal also includes revisions to the previously approved Newport Towne Square Sign Program. Conditional Use Permit No. 2017-277 proposes to allow the 17,000 sq. ft. Major B building to operate as a gym/health club. Administrative Relief No. 2017-276 proposes to allow the sign program included with Plot Plan No. 2017-021 to exceed the sign standards of Menifee Municipal Code Chapter 9.76 to: 1. allow the overall height of the proposed Monument Sign C to exceed the allowable maximum height of eight (8) feet; 2. allow the overall size of the proposed Monument Sign C to exceed the allowable maximum size of 32 square feet; 3. allow the overall number of tenants on each sign face to exceed a maximum of four (4) tenants and, 4. exceed the maximum number of allowable monument signs on any one (1) street frontage as the project proposes to have a total of two (2) monument signs along Haun Road. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operation of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2017-021 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 Plot Plan No. 2017-021, dated 7/14/17. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2017-021, dated 7/14/17. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2017-021, dated 8/10/17. Page 4 of 53 APPROVED EXHIBIT G = Conceptual Grading Plan for Plot Plan No. 2017- 021, dated 7/14/17. APPROVED EXHIBIT L = Conceptual Landscaping Plan for Plot Plan No. 2017-021, dated 7/14/17. APPROVED EXHIBIT M = Color and Material Board for Plot Plan No. 2017- 021, dated 8/10/17. APPROVED EXHIBIT S = Master Sign Program for Plot Plan No. 2017-021, dated 7/14/17. APPROVED EXHIBIT T = Trash Enclosures for Plot Plan No. 2017-021, dated 6/6/17. APPROVED EXHIBIT U = Conceptual Utility Plan for Plot Plan No. 2017- 021, dated 7/14/17. 4. 90 Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permittee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permittee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Page 5 of 53 Code. For more information regarding business registration, contact the City of Menifee. 8. Prohibited Uses-Airport Land Use Commission. The following uses shall be prohibited: a. Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than FAA-approved navigational signal light or visual approach slope indicator. b. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row crops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing, putrescible wastes, construction and demolition debris centers, fly ash disposal, and incinerators.) d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 9. Notice of Airport in Vicinity. The Notice of Airport in the Vicinity shall be provided to all potential purchasers of the property and tenants/lessees of the proposed restaurant building. (The other proposed buildings are located outside the Airport Influence Area.) 10. Airport – Basin Requirements. All new aboveground detention basins on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basins that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. 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 one (1) of up to three (3) one (1) year extensions 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 all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within Page 6 of 53 five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Page 7 of 53 Section II: Community Development Department Conditions of Approval Page 8 of 53 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, S, T and U 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. Parking. Based on the Ordinance 348, Section 18.12, parking for “general retail; including but not limited to, neighborhood, community and regional shopping centers, including those with restaurants” is calculated on the following ratio: five and one half (5 ½) spaces per 1,000 square feet of net leasable floor area. Use Type Square Footage Ratio Required Spaces Parking Provided general retail; including but not limited to, neighborhood, community and regional shopping centers, including those with restaurants offices 55,236 (Phase II proposed) 12,233 (Phase I existing) 5 ½ spaces / 1000 SF of net leasable floor area 371 383 The proposed project will provide a total of 244 new parking spaces (Phase II). When added to the parking totals for the existing developed parcels to the south of the subject site, the total number of parking spaces required (including the developed parcels to the south and the proposed project) will be three hundred and seventy-one (371) spaces. The overall project will include three-hundred and eighty-three (383) parking spaces. A minimum of three hundred and eighty-three (383) parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department and/or Planning Commission. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. Page 9 of 53 ADA Parking Spaces: A minimum of nine (9) accessible parking spaces for persons with disabilities shall be provided for Phase II, 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 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Bicycle Racks: Bicycle racks with a minimum of twelve (12) spaces shall be provided as shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval, and shall be installed in accordance with those plans. 16. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 17. Phases. Construction of this project may be done progressively in phases provided a phasing plan is submitted with appropriate fees to the Community Development Department and approved prior to issuance of any Building Permits. 18. Signage. Signage that is not in conformance with the approved master sign program for Newport Towne Square and the associated Administrative Relief No. 2017-276 shall require the submittal of a Sign Application for review of revisions to the sign program. 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. Page 10 of 53 20. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 21. No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 22. 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. 23. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include, but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows:  All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.  The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%.  The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 24. 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. 25. Licensing. At all times during the conduct of any sale or serving of alcoholic beverages, the permittee shall maintain and keep in effect valid licensing approval from the Department of Alcohol Beverage Control, or equivalent agency as provided by law. Should such licensing be denied, expire or lapse at any time in the future, this permit shall become null and void. 26. Truck Loading Activities. Truck loading activities for Majors A and B and Pad 1 shall occur in the designated loading areas as shown on APPROVED EXHIBIT A. Truck loading activities for shall be scheduled so as not to obstruct vehicle movement into and within the site or significantly reduce the amount of available Page 11 of 53 parking. Truck loading shall not occur within the main entry driveways as shown on APPROVED EXHIBIT A. ARCHEOLOGY 27. 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. 28. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If Page 12 of 53 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.” PALEONTOLOGY 29. Inadvertent Paleontological Find. In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan. LANDSCAPING 30. 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). 31. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 32. 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. 33. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or Page 13 of 53 individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES 34. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit 35. Grading Plan Review. The precise grading plans shall be submitted for grading plan check approval and shall be in substantial conformance with the site plan, landscaping plans and conceptual grading plans (APPROVED EXHIBITS A, G and L). 36. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 37. 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 weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; Page 14 of 53 e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period 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. 38. Construction Noise. The project developer shall implement noise mitigation measures during grading. Page 15 of 53 a. During all Project site excavation and grading, all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with the manufactures’ standards. b. All stationary construction equipment shall be placed so that noise is directed away from the nearest sensitive receptor. c. During construction, equipment staging areas shall be located in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors. d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00 pm, unless otherwise restricted by City staff. 39. Re-Alignment of New Hub Drive Driveway. Prior to the issuance of any grading permits associated with this project, the permittee shall provide a revised site plan to the Community Development Department showing the re-alignment of the new driveway along New Hub Drive. The driveway shall be realigned in such a manner that it will properly align with the drive aisle located on the eastern side of the Major B building. The revised alignment of the driveway shall also be reflected on the City approved grading plan for the project. Added per Planning Commission Hearing on September 27, 2017 40. Smoother Turning Movements. Prior to the issuance of any grading permits associated with this project, the permittee shall provide a revised site plan to the Community Development Department showing the re-configuration of the hard corner along the western edge of the America’s Tire site. The hard corner shall be re-configured into a curved/rounded design in order to allow for smoother turning movements at that location. The re-configuration shall also be reflected on the City approved grading plan for the project. Added per Planning Commission Hearing on September 27, 2017 41. Stop Sign Controls at the Interior Intersection of Easterly Newport Road Entrance and America’s Tire (Southwest Corner). Prior to the issuance of any grading permits associated with this project, the permittee shall provide a revised site plan to the Community Development Department showing the east-west movement as stop controlled, and the north-south movement as free flowing. The stop control signage shall be on the City approved grading plan for the project. 42. 30-Day Burrowing Owl Pre-Construction Survey. Pursuant to Objectives 6 & 7 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 who holds a Memorandum of Understanding with the County. The survey results shall be provided in writing to the Environmental Programs Division. If the grading permit is not obtained within 30 days of the survey, a new survey shall be required. If it is determined that the project site is occupied by the Burrowing Owl, take of “active” nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. Page 16 of 53 Burrowing Owl relocation shall only be allowed to take place outside of the burrowing owl nesting season (nesting season is March 1 through August 31) and is required to be performed by a qualified biologist familiar with relocation methods. The County Environmental Programs Department shall be consulted to determine appropriate type of relocation (active or passive) and potential translocation sites. Burrowing Owl Protection and Relocation Plans and Biological Monitoring Plans are required to be reviewed and approved by the California Department of Fish and Wildlife. If ground disturbance does not occur within 30-days of the survey, then an update to the pre-construction survey will be required. ARCHEOLOGY 43. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. 44. Native American Monitoring - Pechanga. Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Mission 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. Page 17 of 53 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. 45. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 46. 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 47. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Page 18 of 53 Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as- needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. 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. Page 19 of 53 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 48. Fees. Prior to the issuance of grading permit, 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 49. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 50. 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 for building permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, C, G, L, M, S, T and U. 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 Menifee Municipal Code Chapter 6.01, “Dark Sky; Light Pollution”. 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. 51. Pad I Minor Plot Plan Review. Prior to the issuance of any building permits for the sit down restaurant (Pad 1), the permittee shall submit a Minor Plot Plan application to the Community Development Department for the review and approval of the floor plans and elevations for Pad 1. 52. Major B-North Elevation Enhancement. Prior to the issuance of any building permits for Major B, the permittee shall submit building plans to the Building and Page 20 of 53 Safety Department for the review and approval of additional stone veneer enhancements along the northern elevation of the building (rear of the building facing New Hub Drive). The stone veneer shall be consistent with the stone currently used for the Majors building as shown on Approved Exhibit B. Added per Planning Commission Hearing on September 27, 2017 53. New Hub Drive Trash Enclosure Trellis. Prior to the issuance of any building permits for the trash enclosure located in the northern portion of the site along New Hub Drive (directly behind Major B), the permittee shall submit building plans to the Building and Safety Department for the review and approval of a decorative trellis along the rear wall of the trash enclosure. The design of the decorative trellis shall be consistent with the trellis design approved for the Majors building as shown on the Approved Exhibit B. Added per Planning Commission Hearing on September 27, 2017 54. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 55. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 56. 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 clearly depicts the entire parking field, parking lot entrances and exits, and building entrances. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Sherriff’s Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month. The plan shall be approved prior to issuance of Building Permits. 57. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe box type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. Parking lot lights shall be consistent with the sample provided and described as APPROVED EXHIBIT M. All parking lot lights and other outdoor lighting shall be shown on electrical plans and submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the Menifee Municipal Code Chapter No. 6.01 and the General Plan. 58. Outdoor Lighting. Any new outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing. Page 21 of 53 59. Dark Sky Ordinance. 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 Municipal Code Chapter 6.01 and the General Plan. 60. Roof-Mounted Equipment Plans. All roof mounted equipment shall be screened. The building plans shall be consistent with APPROVED EXHIBIT B regarding materials and methods for screening. Planning staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 61. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a minimum of two (2) bins each shall be located as shown on the APPROVED EXHIBIT A. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block with landscaping screening, roof covering and a solid gate which screens the bins from external view. LANDSCAPING 62. 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. 63. 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. 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 shall be prepared consistent with Menifee Municipal Code Chapters 15.04 and 9.86 (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 Engineering Department only. 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 Page 22 of 53 the Community Development Department. Shading calculations is based on tree canopy over the parking spaces. Tree canopy after 15 years growth shading the parking spaces only. 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. 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 Vines. Vines shall be provided as specified on APPROVED EXHIBIT L. Curb and Walkway on End Stall Planters. A six (6) 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 Plot Plan 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). Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. Decorative Bike Racks and Cart Corrals. The bike racks and cart corrals for the project shall be reviewed and approved along with the final landscaping and irrigation plan or as a separate Minor Plot Plan application submittal. Both items shall be decorative in nature. Enhanced Paving. Enhanced paving shall have been installed in accordance with APPROVED EXHIBIT A and L and as ultimately approved on the final landscaping plans. 64. Lack of Trees. The Conceptual Landscape Plan that was reviewed under Plot Plan No. 2017-021 did not meet the required number of trees along Haun Road, New Hub Drive or the western property line of the project. The final working landscape drawings shall meet the required number of trees in these areas as required by Menifee Municipal Code, Chapters 9.86 and 15.04. 65. Smoother Turning Movements-Permission. Prior to issuance of a building permit, the permittee shall obtain a permission from the property owner of America’s Tire to provide the required re-configuration improvement. The permission shall be in a recordable form of document such as a temporary Page 23 of 53 construction permit or a temporary encroachment permit that is acceptable to both parties and the City. All costs associated in obtaining such document shall be at the expense of the permittee. The permittee can have the option to reflect the required re-configuration improvements on a separate grading plan or a revised grading plan to allow the rest of the project site to be graded should the offsite permission not be secured prior to the approval of the initial grading plan. The re- configured improvements shall be completed prior to issuance of a Certificate of Occupancy. Added per Planning Commission Hearing on September 27, 2017 66. 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 67. 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. 68. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 69. 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 70. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 71. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 72. 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. 73. 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. Page 24 of 53 74. Trash Enclosures. Two (2) trash enclosures which are 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. 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. 75. Lighting. Exterior lighting shall be consistent with the approved building plans. 76. Hardscaping. All hardscaping, including enhanced paving shall have been installed in accordance with APPROVED EXHIBIT A and L. 77. 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. 78. 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. 79. Smoother Turning Movements-Completed. Prior to the issuance of a certificate of occupancy for any building permit associated with the project, the permittee shall have the re-configured improvements detailed in COAs 40 and 65 completed and pass final inspection by all necessary departments. Added per Planning Commission Hearing on September 27, 2017 80. 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. ARCHEOLOGY 81. Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided Page 25 of 53 the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. PALEONTOLOGY 82. Paleontological Monitoring Report. Prior to building permit issuance and/or final on grading, the permittee shall submit to the Community Development Planning Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. LANDSCAPING 83. 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?” 84. 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. 85. 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 9.86 and 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. 86. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. Page 26 of 53 FEES 87. 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. 88. 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. 89. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Page 27 of 53 Section III: Public Works / Engineering Department Conditions of Approval Page 28 of 53 A. GENERAL ENGINEERING CONDITIONS 90. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 91. Guarantee for Required Improvements - Prior to grading permit issuance, financial security shall be provided to guarantee the construction of all required improvements. 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. 92. 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. 93. Existing and Proposed 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. 94. 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. 95. Plan Check Submittals - Appropriate plan check submittal forms shall be completed and required plan copies, necessary studies/reports, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms. All submittals shall be date stamped by the engineer. All final approved grading and improvement plans shall be provided in both pdf and shapefile format files on Compact Disc (CD). ACAD files 2004 or later are required for all final maps upon approval. 96. 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, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 97. 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 both PDF and 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 Page 29 of 53 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. 98. Construction 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 7:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.010. 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. 99. 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 which includes between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Public Works Department for verification purposes. Prior to issuance of a Certificate of Occupancy, the developer/property owner shall submit to the PW Engineering Department, written proof from the pertinent utility company that the required utility work has been completed. 100. Bond Agreements and Improvement Security – The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, water quality BMPs, and storm drainage facilities. Page 30 of 53 B. GRADING AND DRAINAGE 101. Grading Code - All grading shall conform to the latest adopted edition of the California Building Code, City Municipal Code, Chapter 8.04, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 102. 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. 103. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Drip irrigation shall be used for all irrigated slopes. 104. Slope Erosion Control Plan - 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 applicable ordinances. 105. Erosion Control Plans – All grading plans shall require approved erosion control plans. Graded but undeveloped land shall provide, in addition to erosion control planting, 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 a rain event, or before an anticipated rain event. 106. Water Quality Management Plan - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP report. The developer/property owner shall comply with the requirements of the WQMP report, and City standards and specifications. 107. Dust Control - During the 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. 108. Design Grade Criteria: a. On-Site Parking – Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. Page 31 of 53 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. Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 109. Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 110. 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 111. Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at developer’s or owner’s expense. 112. 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. 113. 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, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 114. Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. 115. 10 Year Curb – 100 Year ROW - The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of- way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 116. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee Public Works Engineering Department. Page 32 of 53 117. 100 Year 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 100 year, 24 hour storm event in a controlled manner to the satisfaction of the Public Works Engineering Department. 118. 100 Year Sump Outlet - Drainage facilities out-letting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 119. 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 bio-retention basin inlets. Prior to Grading Permit Issuance 120. Geotechnical Report - A geotechnical/soils report shall be submitted to the City Public Works Engineering Department for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A pre-grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City Building and Safety Grading Inspection process. Two copies of the City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department. All grading shall be done in conformance with the recommendations of the City approved geotechnical/soils reports, and under the general direction of a licensed geotechnical engineer. 121. Grading Permit for Clearing and Grubbing – City Ordinances require a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading activities. 122. Compliance with NPDES General Construction Permit – The developer/ property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the SWRCB. 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. For additional information on how to obtain a GCP, contact the SWRCB. 123. 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. Page 33 of 53 124. 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 and the Regional Board has issued a Notice of Termination (NOT) for the development. 125. Grading Bonds – This project 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. 126. 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. Additionally, if either location was not previously approved by an Environmental Site Assessment, a Grading Environmental Site Assessment shall be submitted for review and approval by the Public Works Engineering Department prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. 127. Offsite Grading Easements - The developer/property owner shall obtain all required temporary 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. 128. 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) - unless addressed in a previously City approved report. 129. Slope Landscaping and Irrigation - All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Drip irrigation shall be used for all irrigated slopes. 130. 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. 131. 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. Prior to Building Permit Issuance 132. Submit Plans – A copy of the improvement plans, grading plans, any 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 Page 34 of 53 submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 133. 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 a final map, or issuance of a building permit whichever occurs first. If the developer cannot obtain such rights, the map or site plan shall be redesigned to eliminate the need for the easement. 134. Building Footprints over Property Lines – Prior to issuance of any building permit, the project shall ensure that no building footprints are encroaching over existing property lines. If this occurs, the development shall address through a mechanism such as parcel mergers or lot line adjustments, and must be completed prior to issuance of any building permit. 135. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structures or appurtenances, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 136. Final Rough Grading Conditions – Prior to issuance of a building permit for any new structures or appurtenances, 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, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 137. 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 138. 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 for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 139. 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 35 of 53 C. STREETS AND DEDICATIONS 140. Street Improvements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, the Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. 141. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the PW Director. 142. 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. 143. 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. 144. Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. 145. ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director/City Engineer and the City Building Official. 146. Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director/City Engineer. Page 36 of 53 147. Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28 day minimum concrete strength of 3,250 psi. 148. Street Light Plan – Street lights requiring relocations, or any required new street lights shall be designed in accordance with current City standards. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW Director. 149. Sewer Lines – Any new sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 150. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 151. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Riverside County Ordinance Numbers 460 and 461, or as approved by the Public Works Director/City Engineer. Prior to Issuance of Construction/Encroachment Permit 152. 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. 153. Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction 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 Condition). Prior to Issuance of Certificate of Occupancy 154. Driveways and Driveway Approaches – Driveways and Driveway Approaches shall be designed and constructed per current City of Menifee Standard No. 208. The modified County of Riverside standard 207A may only be used as determined by the Public Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. D. TRAFFIC ENGINEERING 155. Traffic Impact Analysis Report – The development shall comply with all the mitigation measures identified to be constructed or provided in the traffic impact analysis approved by the Public Works Department. The traffic study was prepared Page 37 of 53 by LSA, and dated August 2017. All required improvements identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Prior to Issuance of Construction Permit 156. Sight Distance Analysis – Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the PW Director, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans. 157. Traffic Signal Control Devices - All new traffic signals and traffic signal modifications required for construction by this development shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans, and shall be approved by the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. 158. Traffic Signal Timing Plans - Traffic signal timing plans for new and or modified signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the PW Director prior to installation and testing of new signal. 159. Intersection Geometrics – All temporary/final intersection geometrics may be modified in final engineering as approved by the PW Director. 160. Signing and Striping Plan – Prior to issuance of a construction 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. 161. 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 the following mitigation measures to address the following: a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. Page 38 of 53 Prior to Issuance of Certificate of Occupancy 162. Construction of Off-Site Improvements – The developer/property owner shall construct the following off-site improvements as detailed below: a. Raised Median on Haun Road - The developer/property owner shall construct a raised median on Haun Road from Newport Road to “Driveway 4” (430’ north of Newport Road crosswalk limit line. This “Driveway 4” is located on west side of Haun Road directly across an existing driveway on east side of Haun Road). The raised median shall be constructed prior to issuance of certificate of occupancy. As part of the raised median, signing and striping improvements will be necessary. The developer/property owner has the potential to get reimbursement for up to 29% of the total construction cost by others, upon City collection of such reimbursement from future development. Following reimbursement by others, the project will ultimately be responsible for 71% of the total construction cost of the raised median. b. Traffic Signal at Haun Road and “Driveway 4” - The developer/property owner shall construct a traffic signal at the intersection of Haun Road and “Driveway 4” (430’ north of Newport Road) and construct the following intersection improvements: i. Northbound: One left turn lane. One through lane. One through-right turn lane. The left turn pocket shall have a minimum 100’ storage. ii. Southbound: One left turn lane. One through lane. One through-right turn lane. The left turn pocket shall have a minimum 100’ storage. iii. Eastbound: One left-through-right turn lane (“Driveway 4” will be constructed by the developer/property owner for project access). iv. Westbound: One left turn lane. One through-right turn lane. The traffic signal shall be constructed prior to issuance of certificate of occupancy. The developer/property owner has the potential to get reimbursement for 40% of the total construction cost by others, upon City collection of such reimbursement from future developments. Following reimbursement by others, the project will ultimately be responsible for 60% of the total construction cost of the traffic signal and intersection improvements. 163. Fair Share Cost Participation for Off-site Improvements- The developer/property owner shall pay fair share costs for off-site improvements as detailed below. These fair shares are determined as follows: a. The developer/property owner shall contribute a fair share construction cost of 3.09% toward the construction of one eastbound right turn lane, and toward signal modification to install eastbound right turn overlap phasing at the intersection of Newport Road and Antelope Road. Page 39 of 53 E. NPDES and WQMP 164. Stormwater Management - 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. 165. 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. f) 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. 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. 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. Page 40 of 53 166. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_imple mentation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. Prior to Grading Permit Issuance 167. 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. The final developed project construction plans shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report as maybe required by an approved Phase I ESA. 168. Revising the Final WQMP. The developer shall be responsible for ensuring remaining issues in the Preliminary WQMP are addressed in final engineering. 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. 169. WQMP Maintenance Agreement – All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer/project owner. Prior to, or concurrent with the Page 41 of 53 approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. 170. Hydrology/Hydraulics Study – Prior to grading permit issuance, the project’s hydrology/hydraulics study shall be reviewed and approved by the Public Works Department. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. Prior to Issuance of Certificate of Occupancy 171. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. A copy of the notarized affidavit must be placed in the final WQMP report. The PW Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 172. Implement WQMP - All structural BMPs described in the project-specific WQMP shall be constructed and installed 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 until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational. 173. Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. Page 42 of 53 F. WATER, SEWER, AND RECYCLED WATER 174. 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. 175. 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. 176. 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 or approval of improvement plans if no map is being processed. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 Prior to Issuance of a Certificate of Occupancy 177. Annexation to the Citywide Community Facilities District (CFD) 2015-2 –Prior to the issuance of a Certificate of Occupancy, 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. Prior to Building Permit Issuance 178. 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. 179. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. Page 43 of 53 180. Parkway Landscaping on Haun Road and New Hub Drive – The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Haun Road and New Hub Drive shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD 2015-2. The developer shall connect to the existing irrigation mainline at the property line with America’s Tire; and provide permanent controller per City Standards. 181. 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. H. WASTE MANAGEMENT 182. 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: c. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. d. Subscribe to a recycling service with their waste hauler. e. Provide recycling service to their tenants (if commercial or multi-family complex). f. 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#mandatory 183. 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 waste from disposal: g. Source separate organic material from all other recyclables and donate or self- haul to a permitted organic waste processing facility. h. 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. i. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. Page 44 of 53 Prior to Building Permit Issuance 184. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 185. 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. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. Prior to Issuance of Certificate of Occupancy 186. 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. I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 187. 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), Road and Bridge Benefit District (RBBD) Fee, and any applicable regional fees. Said Page 45 of 53 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 188. 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 189. 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 46 of 53 Section IV: Riverside County Fire Department Conditions of Approval Page 47 of 53 General Conditions 190. 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 (17-MENI-PP-021) 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 191. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 192. Fire Hydrants. Fire hydrants and fire flow: provide or show there exist fire hydrant(s) capable of delivering a fire flow of 1,500 GPM at 20 PSI for 2 hrs. as required by California Fire Code and Riverside County Fire Department standards within 400 feet of all portions of all structures. 193. Water Plans. If fire hydrants are required, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. 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. 194. Water System Prior to Combustibles On Site. No combustible material shall be brought on site until the water system has been inspected and approved by the Riverside County Fire Department. 195. Blue Dot Reflectors. Blue retro reflective pavement markers shall be installed to indicate location of fire hydrants. 196. 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. Verify Pad 1 will meet this requirement. 197. 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. 198. Fire Sprinkler Systems. All buildings 3,600 square feet and greater shall have fire sprinkler systems. Page 48 of 53 199. Fire Sprinkler Monitoring Systems. Fire sprinkler system(s) with 20 or more sprinkler heads shall have a fire sprinkler monitoring system. 200. Knox Rapid Entry System. Buildings and gates shall be equipped with a Knox Rapid Entry System. Contact the Riverside County Fire Department for further information. 201. Preliminary Conditions. These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time. Page 49 of 53 Section V: Riverside County Environmental Health Conditions of Approval Page 50 of 53 General Conditions 135. Potable Water and Sanitary Sewer Service. This project is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. 136. Environmental Cleanup Programs. Based on the information provided in the environmental assessment document submitted for this project 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 naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact Riverside County Environmental Health - Environmental Cleanup Programs at (951) 955-8980, for further information. Prior to Building Permit Issuance Conditions 137. Local Enforcement Agency (LEA). Any persons engaged in the business or performance of tattooing, body piercing, branding and the application of permanent cosmetics as defined in Health and Safety Code 119300 et sec. must obtain approval from the Riverside County Department of Environmental Health LEA. Contact the County of Riverside, LEA at (951)955-8980 for any plan check and/or permitting requirements. 138. District Environmental Services (DES). Prior to issuance of any Building and Safety permit(s) or operation of any food facility, plans will require review by DES to ensure compliance with applicable California Health and Safety Codes. An annual operating permit for the food facility will be required. Please contact the Murrieta DES office at (951)461-0284. Prior to Building Final/Occupancy Conditions 139. Hazardous Materials Management Branch (HMMB) Permits. Prior to building permit final, the owner or operator of any business that handles or stores any hazardous material/waste equal to or above the threshold quantities; 55 gallons of a liquid, 200 cubic feet of a gas, 500 pounds of a solid, and/or radioactive materials (where an emergency plan is required by Federal Law), and/or extremely hazardous substances, shall contact the Department of Environmental Health Hazardous Materials Management Branch at (951)358-5055 for requirements. Page 51 of 53 Section VI: Riverside County Flood Control and Water Conservation District Conditions of Approval Page 52 of 53 General Conditions 140. Riverside County Flood Control and Water Conservation District Encroachment Permit. An encroachment permit shall be obtained for any construction related activities occurring within the District right of way or facilities, specifically the Paloma Wash Channel. For further information, contact the District’s Encroachment Permit Section at 951-955-1266. Page 53 of 53 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)