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PC17-336 1 Conditions of Approval for Trumble Offices and Warehouse Plot Plan No. 2011-003 (per Extension of Time No. 2017-243) Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Building and Safety Conditions of Approval Section VI: Riverside County Department of Environmental Health Conditions of Approval 2 Section I: Conditions Applicable to All Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2011-003 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. 2011-003, dated August 9, 2012. APPROVED EXHIBITS B-1 and B-2 = Floor Plans for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBITS C-1 and C-2 = Elevations for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT D = Drainage Plan for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for Plot Plan No. 2011-003, dated August 9, 2012. APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No. 2011-003, dated August 9, 2012. 2. Project Description. Planning Case No. 2011-003 (Plot Plan) is a proposal to permit the construction of two industrial buildings and outdoor equipment storage on the 5.01 gross acre subject parcel of land. The plans for the site delineate two distinct areas for development that are separated by security fencing. The eastern ⅓ of the site will include a 21,730 square foot building to be utilized with a combination of one caretaker’s unit, seven showroom offices, and eight warehouse/storage units. The floor plans for the project identify the following square footage by suite: 4 The office/warehouse building is proposed to be one-story with a maximum height of 24 feet. Suite 101 will be designated as a caretaker’s unit with living, eating, private restroom, and sleeping areas in addition to an office area and public restroom. Suites 102 through 108 will have pedestrian/employee access to the offices through the front (eastern elevation) with equipment entrances at the rear (western elevation). Access from the rear will be provided by both man doors and 18-foot by 14-foot overhead rolling doors. The rear units will also include roof mounted skylights. The building shall be protected with a fire sprinkler system. Air conditioning units will be ground mounted. The balance of the site will contain a trash enclosure, a recycling bin, landscaped areas, parking areas and drive aisles. The eastern portion of the site will provide a total of 55 parking spaces including four that are designated as disabled accessible. The western two-thirds of the parcel will include the construction of a 40,000 square foot general warehouse/storage building, a vehicle/equipment wash rack and a paved outside equipment/materials storage area. The proposed warehouse is one-story with a maximum height of 28 40 feet. Access to the building will be provided by both man doors and four overhead rolling doors. The building shall be protected with a fire sprinkler system. No roof-top equipment is proposed. Two employee restrooms are proposed. The balance of the site will contain a vehicle/equipment wash rack, landscaped areas, parking areas and drive aisles. The vehicle/equipment wash rack will be used to clean off mud. The wash rack shall be self-contained and will recycle its water, all mud from the washing shall be picked up manually and properly disposed of. The western portion of the site will provide a total of 40 vehicle parking spaces including two that are designated as disabled accessible. The outdoor equipment storage area includes space for 43 additional vehicles and/or equipment. Suite Square Footage 101 1,052 102 4,280 103 2,713 104 2,713 105 2,713 106 2,713 107 2,713 108 2,726 Utility Rooms 107 TOTAL 21,730 5 5. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, 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. 6. Business License. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license. For more information regarding business registration, contact the City of Menifee Business Licensing Division. 7. Expiration. This approval shall be used by October 23, 2022. By use is meant the completion of construction of the project pursuant to Ordinance No. 348, Section 18.30 (i) (City of Menifee Ordinance No. 2016-191). No additional extensions are available. 8. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 9. 90 Days to Protest. The project developer has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 10. 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 may identify and fund mitigation measures 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, Developer 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. 6 The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 7 Section II: Community Development Department Conditions of Approval 8 General Conditions 11. Subsequent Review. No expansion of the site or the use shall occur without subsequent reviews and approvals from the Community Development Department before such expansion. 12. Development Restriction. Any use, activity, and/or development occurring on the site without appropriate city approvals shall constitute a code violation and shall be treated as such. Any deviation shall require the appropriate Planning Division review and approval prior to such deviation. 13. No Billboards. No billboards are allowed on the property. 14. ADA Compliance. The project shall conform to all disabled access requirements in accordance with the State of California, Title 24, and Federal Americans with Disabilities Act (ADA), as applicable. 15. Zoning Compliance. The project shall conform to the Specific Plan Zone as subsequently amended. 16. 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-1, B-2, C-1, C-2, D, G, L, and M unless otherwise amended by these conditions of approval. 17. Parking. Parking for this project was determined primarily on the basis of County Ordinance No. 348, Section 18.12(a)(2)(b), warehouses, offices, and residential uses: 1 space/250 sq. ft. of offices, 1 space/500 sq. ft. of fabrication, 1 space/2000 square feet of warehouse, 1 space/500 square feet of uncommitted use, and 2 spaces / residential unit. As such, the parking for this project is a total of 83 spaces. The amount of automobile parking provided is 95 spaces. Building Use Square Feet Parking Ratio Parking Required Residential 1052 2 / unit 2 Office 6,312 1 / 250 s.f. 25 Warehouse Bldg. 40,000 1 / 2,000 s.f. 20 Flex Area within Units (Uncommitted) 17,858 1 / 500 s.f. 36 9 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. Electric Vehicle (EV) Charging Spaces: A minimum of five (5) electric vehicle charging spaces shall be designated on the building permit construction plans and electrical conduit must be installed from the main electrical panel to the location of the future EV chargers pursuant to the 2016 California Green Code, or as required by any subsequent revision to the California Building Code. ADA Parking Spaces. A minimum of six (6) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of thirty-six (36) inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Bicycle Racks. A minimum of three Class II bicycle parking spaces shall be provided near the entry of the main building, in accordance with Ordinance No. 348. 19. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 75 db(A), 10-minute LEQ, at the project boundaries. In the event noise exceeds this standard, the permittee or the permittee's successor-in-interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. Facility-related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home", must not exceed the following worst-case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m. (daytime standard). 20. Property Maintenance. The site shall be maintained in a graffiti-free state at all times. Existing graffiti located on the site shall be removed within 48 hours at the expense of the property owner. 10 21. Phases. Construction of this project may be done progressively in phases provided a plan is submitted with appropriate fees to the Community Development Department and approved prior to issuance of any building permits. 22. 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. 23. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBITS M. 24. Land Division Required. Prior to the sale of any individual structure, or a portion thereof, as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any other pertinent ordinance. 25. 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. 26. No Signs. No signs are approved pursuant to this project approval. Prior to the installation of any on-site advertising or directional signs, a signing plan shall be submitted to and approved by the Community Development Department pursuant to the requirements of Menifee Municipal Code Chapter 9.76. 27. 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. 28. Permanent Occupancy. Only one (1) leasing space may be permitted within the property approved under this plot plan as a principal place of residence. 29. Hours of Construction. Pursuant to Menifee Municipal Code Section 8.01.010, any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 30. 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. 11 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%. 31. 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. 32. Truck Loading Activities. Truck loading activities shall occur in the designated loading area as shown on APPROVED EXHIBIT A. Truck loading activities shall be scheduled and located in areas so as not to obstruct vehicle movement into and within the site or significantly reduce the amount of available parking. Truck loading shall not occur within the main entry drive aisle as shown on APPROVED EXHIBIT A. 33. Greenhouse Gases: a. Energy Efficiency. The project is required to incorporate enhanced energy efficiency standards to minimize energy consumption and compliance with Measure XVI. The project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a minimum of 14% or meet/exceed 2008 Title 24 minimum requirements. b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants, adhesives and solvents shall be utilized in the construction of this project. 34. No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating “The driver of a diesel-fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". 35. Hazardous Materials. Hazardous materials are not accepted at Riverside County landfills. In compliance with federal, state, and local regulations and ordinances, any hazardous waste generated in association with the project shall be disposed of at a permitted Hazardous Waste disposal facility. Hazardous waste materials include, but are not limited to, paint, batteries, oil, asbestos, and solvents. For further information regarding the determination, transport, and disposal of hazardous waste, please contact the Riverside County Department of Environmental Health, Environmental Protection and Oversight Division, at 1-800-722-4234. Archeology 12 36. 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. 37. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights 13 available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” 38. 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). Landscaping 39. 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). 40. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 41. 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. 42. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. Fees 43. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Grading Permit Issuance 44. Geology. County Geologic Report (GEO) No. 2238 submitted for this project was prepared by T.H.E Soils Co., Inc. and is entitled “Preliminary Geotechnical Investigation, 14 Proposed by Trumble Road Office & Equipment Storage, APN No. 331-150-044, 5 +/- Acres, Antelope Road, City of Menifee, Riverside County, California”, dated December 16, 2010. In addition, T.H.E. Soils Co. prepared “Response to Count of Riverside’s Planning Departments ‘Review Comments’ GEO 02238, City of Menifee Case no. PP2011-003, Proposed Trumble Road Office & Equipment Storage, APN No. 331-150- 044, 5 +/- Acres, Antelope Road, City of Menifee, Riverside County, California”, dated February 15, 2011. This document is herein incorporated as GEO02238. GEO02238 concluded: a. No active faults traces or fault features have been identified on the subject site. b. Ground rupture during a seismic event is anticipated to be low. c. The liquefaction potential is anticipated to be low. d. Seismically induced settlement is expected to be low. e. The potential for landsliding during a seismic event is considered low. f. The potential for rockfall is anticipated to be low. g. Seiches and tsunamis are not considered potential hazards of the site. GEO02238 recommended: a. The upper 1 to 3 feet of old alluvial fan deposits will require complete removal and recompaction or offsite disposal. GEO02238 satisfies the requirement for a Geologic Study for Planning / CEQA purposes. GEO02238 is hereby accepted for Planning purposes. This approval is not intended, and should not be misconstrued as approval for a grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. 45. Construction Noise. The project developer shall implement noise-reduction measures during grading. a. During all Project site 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 entitled 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 6:30 a.m. and 7:00 p.m., Monday through Saturday, except nationally recognized holidays, unless otherwise restricted by City staff. 46. Charging Spaces. A minimum of five (5) electric vehicle charging spaces shall be designated on the site plans and/or precise grading plans and electrical conduit shall be shown as to be installed from the main electrical panel to the location of the future EV chargers pursuant to the 2016 California Green Code, or as required by any subsequent revision to the California Building Code. 15 47. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved construction areas shall be wetted at least twice daily during 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 sites and unpaved surfaces at least two times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; 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 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; 16 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. 48. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. Paleontology 49. 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). 17 The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as- needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated 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. 18 G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. Fees 50. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 5.01 acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 51. Processing Fees. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit based fees for Plot Plan No. 2011-003 are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Building Permit Issuance 52. 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-1, B-2, C-1, C-2, D, G, L, and M. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2016 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes (or subsequent edition adopted by the City). 2. Five (5) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. 19 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. 53. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the approved elevations. However, prior to the building plan submittal to the City of Menifee Building and Safety Department, the applicant shall submit elevations of any and all proposed buildings, trash enclosures to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Division), along with the current fee. The architecture for the site shall be revised to include additional enhancements and architectural articulation, as follows: a) The two (2) onsite buildings shall be architecturally enhanced by either installing a stucco façade on the two buildings or changing the construction type from metal building to concrete tilt-up. b) On the front (easterly) building, the two (2) middle porticos shall be enlarged so that they are differentiated from the two (2) outer porticos. This change is intended to provide greater articulation to the front of the building. A similar level, but different method, of articulation of this front façade may be provided if approved by the Community Development Director. c) Stone, brick or similar enhanced materials shall be provided at the bases of the columns of the easterly four (4) building porticos. The Community Development Director can refer the approval of the plot plan to the Planning Commission per the Menifee Municipal Code. 54. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C, dated June 30, 2011. Floor plans shall be in substantial conformance with the approved floor plans. Prior to the building plan submittal to the City of Menifee Building and Safety Department, the applicant shall submit floor plans of any proposed buildings to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Division), along with the current fee. The Community Development Director can refer the approval of the plot plan to the Planning Commission per the Menifee Municipal Code. 55. Lighting. The building plans shall show the location and types of light fixtures that will be within the parking lot and on the building. Lighting fixtures shall be decorative (at minimum within the upfront (easterly) parking area. Shoe-box-type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. The exact placement of lighting on the building shall be reviewed 20 and approved by the Community Development Department during review of the building plans. The building lighting shall be sensitive to and not conflict with the architecture of the building. 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 Menifee Municipal Code Chapter 6.01 and the General Plan. A photometric study shall be required. 56. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view. All building plans shall show all roof-mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans shall be approved prior to issuance of a Building Permit. Screening material shall be subject to Community Development Department approval. Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 57. Walls and Fencing. A wall and fencing plan shall be submitted to the Community Development Department for review and approval (minor plot plan) showing all wall and fence locations and typical views of all types of fences or walls proposed. This plan shall require anti-graffiti coatings on fences and walls, where applicable. The plan shall be approved prior to issuance of a Building Permit. Decorative (e.g., split-face block or slump stone) block walls with masonry cap or a combination fence/decorative wall (of 3’ tubular steel or wrought iron atop 3’ of block wall with masonry cap) shall be required along the perimeter of the site from the location of the vehicular gates on the north and south sides of the site (as shown on Approved Exhibit A) to approximately the location of the rear-most landscaped parking lot planter fingers, at which point the combination fence/wall (if that is the wall type selected) would transition (by way of a decorative block pilaster with masonry cap) to a solid 6’-tall decorative block wall with masonry cap to fully screen the heavy-duty construction equipment parking and storage area at the rear of the site. The walls and fencing plan can be combined with the landscaping and irrigation (working drawing) minor plot plan. 58. 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. This security camera system shall be based in one of the buildings containing the management office for this development 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 or as approved by the Sherriff’s Department. The plan shall be approved prior to issuance of Building Permits. The Sherriff’s Department and/or Community Development Department shall verify that the security system has been installed prior to final occupancy. 21 59. Muffling Construction Equipment. In accordance with City of Menifee Municipal Code Section 9.09, during all excavation and grading activities associated with project construction, the construction contractor(s) shall ensure that no off-highway vehicles are operated unless it is equipped with a USDA qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device. This requirement shall be noted on the specification sheet of all grading and construction plans. Landscaping 60. 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. 61. Landscape and Irrigation Plans. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act) and Menifee Municipal Code Section 9.86, along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 9.86 and 15.04 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 Plot Plans shall be prepared consistent with Menifee Municipal Code Chapter 9.86 and 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department.. The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. If the above mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, 22 Landscaping, and Irrigation Plan shall be submitted to and approved by the Community Development Department. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 9.86 and 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation plan shall include a smart controller capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Director Authority to Defer. The Community Development Director shall have the authority to defer the requirement that the landscape and irrigation plans be approved prior to building permit issuance. Any deferral of the approval of the plans will be based on the status of the plans and severity of outstanding corrections. However, the requirement to submit plan prior to building permit issuance shall not be deferred. 62. 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 the Pre-Installation, Installation, Six Month and One Year Landscape Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. Fees 63. 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 applicant/developer. 64. Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 65. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. Prior to Final Inspection 66. Final Planning Inspection. The applicant shall obtain final building permit 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 and that the development complies with the approved set of building permit plans. The applicant 23 shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good working condition. 67. Utilities. All utility facilities attached to buildings, including meters and utility boxes, shall be painted to match the wall of the building to which they are affixed. These facilities shall also be screened from the public right-of-way by landscaping. 68. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the approved elevations (as modified by the required minor plot plan approval). 69. 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. 70. Mechanical and 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. 71. Paleontological Monitoring Report. Prior to final inspection, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 72. Trash Enclosures. One (1) trash enclosures which are adequate to enclose a minimum of two (2) bins shall be located as shown on the APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be made with masonry block, landscaping screening, overhead trellis, and a solid gate which screens the bins from external view. 73. Condition Compliance. The Community Development Department shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 74. Walls and Fencing. Perimeter fencing shall comply with the approved wall and fence minor plot plan. LANDSCAPING 75. 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?” 76. 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 24 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. 77. Landscape Installation. All required landscape planting and irrigation 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. 78. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. Fees 79. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant 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. The amount of the fee for commercial or industrial development shall be calculated on the basis of the "Project Area," as defined in the Ordinance, which shall mean the net area, measured in acres, from the adjacent road right-of-way to the limits of the project development. The Project Area for Plot Plan No. 2011-003 has been calculated to be 4.63 net acres. 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. 80. 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 applicant 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. 25 The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2011-003 is calculated to be 4.63 net acres. 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. 81. 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 applicant/developer. 26 Section III: Engineering/Transportation/ Grading Conditions of Approval 27 General Conditions 82. Construction Times of Operation. 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. 83. Underground Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. The applicant is responsible for coordinating the work with the serving utility company. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. CIRCULATION AND DEDICATIONS 84. 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 City Engineer and City Building Official. 85. Signing and Striping. A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 86. Map – Street Light Plan: A separate street light plan is required for this project. Street lighting shall be designed in accordance with current City standards and specifications for streetlights designed as LS-3 rate lights. 87. Onsite and Offsite Public Street Lights Ownership and Maintenance – All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 88. Public Street Light Service Point Addressing – The developer shall coordinate with the PW Department and with Southern California Edison regarding the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within the public right-of-way or within duly dedicated public easements. 28 89. Install Street Lights. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and City standards and ordinances. Street light annexation into a landscaping and lighting maintenance district or similar mechanism as approved by the Engineering Department shall be completed. It shall be the responsibility of the Developer to ensure that street lights are energized along the streets associated with this development where the developer is seeking Building Final Inspection (Occupancy). 90. Off-Site Parking. This project shall not have off-site street parking. 91. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by applicable City ordinances. 92. Traffic Signal Mitigation Program - The applicant shall be subject to the Transportation Uniform Mitigation Fee Program in effect at the time of the issuance of building permits. 93. Driveways – The following designations shall describe the locations of the project driveway access points. North Driveway – on Antelope Road designated as the main entrance South Driveway – on Antelope Road designated as secondary access. Driveways shall be designed per City Standards and Specifications.. The sidewalk across the driveway approach shall be in the public right of way. Additional Right of Way may need to be dedicated depending on the final engineering design. 94. Encroachment Permits – All work to be performed in City, State, or local agency right- of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 95. Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28-day minimum strength of 3,250 psi. 96. Dedications – Antelope Road ultimate right-of-way shall be dedicated for a Secondary Highway Half Street width per the City Standard No. 115 (50’ half street right-of-way). Sidewalk within driveway approaches shall be in the public right of way. 97. Landscape Maintenance. Landscaping within public road right-of-way shall comply with Engineering Department standards and applicable City ordinances on grading and Ordinance No. 461 and shall require approval by the Engineering Department. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. Assurance of continuous maintenance is required from the property owner. This shall include annexing into a Landscaping and Lighting Maintenance District. 29 98. Road Right of Way Landscape. The landscaping will consists of trees and shrubs irrigated by drip irrigation systems all as specified by City Landscape Design Guidelines. The use of turf is prohibited along with spray irrigation. The requirement of one tree every 20' of roadway alignment is required for this project on the west side of Antelope Road. The tree size requirement is changed to 80% 5 gallon or larger, 15% 15 gallon or larger, and 5% 24" box trees. The landscape designer in encouraged to vary the alignment of trails to provide areas to clump trees and bushes rather than space them every 20', although the same total quantity of trees are required. 99. Citywide Community Facilities Maintenance District (CFD) No. 2015-2 - The applicant shall submit to the City annexation application package/documents to annex this project into the Citywide Community Facilities Maintenance District No. 2015-2. 100. Assessment Districts - Should this project lie within any assessment/benefit district, the applicant shall, prior to issuance of a building permit, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 101. Sewer Lines – All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Ordinances 460/461 and Eastern Municipal Water District standards. GRADING AND DRAINAGE 102. General Grading Conditions - All grading shall conform to the latest City-adopted edition of the California Building Code, City General Plan, City standards and specifications, and all other relevant laws, rules and regulations and City ordinances governing grading in the City. City ordinances on grading require a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resources Control Board (SWRCB). The GCP requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NOI) and monitoring plan for the construction site. For additional information on how to obtain coverage under the NPDES state construction permit, contact SWRCB website. 103. Erosion Control - Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control 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 the rainy season or prior to a predicted large rain event. 104. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the applicant in accordance with AQMD requirements. A watering device shall be present and in use at the project site during all grading operations. 105. Slope Setbacks - Observe slope setbacks per Appendix J of the California Building Code or as determined by the PW Director. 30 106. Design 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%. 5% grade is the maximum slope for any parking area. 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 the drainage system underground or outlet with appropriate velocity reducers into BMP devises. c. Slopes - All manufactured slopes exceeding 3’ shall have some type of drainage swale at the toe of the slope to collect any runoff. d. 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%. Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 107. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. Slopes shall be contour graded and be less than 2:1 where possible to produce a natural appearance. 108. 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. 109. Maximum and Minimum Grade - Engineer of record is advised to not base project grading design on the minimum and maximum grades for ADA to allow for construction tolerances. Any improvement that is out of the minimum and maximum ADA values will not be accepted by the City Inspector. It will need to be removed and replaced at owner’s expense. 110. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Appendix J of the California Building Code, and as determined by the PW Director. 111. Perpetual Drainage Patterns - The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 31 112. Flood Hazard Report. Plot Plan 2011-003 is a proposal to construct two buildings within approximately 5 acres in the Romoland area. The first building is a 21,600 sq. office building with one caretaker’s unit. The second building is 40,000 sq. ft. warehouse. The site is located on the west side of Antelope Road and south of Ethanac Road. No offsite flows enter the existing site. It is relatively flat draining westerly. Increased runoff mitigation and water quality mitigation will be required. Onsite flows with the exception of roof run-off would sheet flow and conveyed via paved parking areas and driveways to bio-retention swales along the north, west and south property lines. The proposed bio-retention swales are acceptable form of mitigation for water quality impacts by the development, provided these swales were included as acceptable water quality BMPs in the project’s approved preliminary WQMP. During large storm events, storm flows may exceed the flow capacity of the bio-retention swales impacting the adjacent site to the west. The site is located within the Homeland/Romoland Line B Sub-Watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP Fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. The fee due will be assessed at the rate in effect at the time payment is due. 113. 100-Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows and shall be approved by the Public Works/Engineering Department. Outletting sump conditions require an emergency escape. 114. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. 115. Elevate Finished Floor. The buildings shall be flood proofed by elevating the finished floors a minimum of 24 inches above the curb of the bio-retention swale. 116. WQMP. In compliance with the latest Santa Ana River Regional Water Quality Control Board Permit Order for Municipal Separate Storm Sewer Systems (MS4), new development projects within the SAR region for discretionary approval will be required to comply with the new guidelines for Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post-development water quality impacts from new development and redevelopment projects. To comply with the latest WQMP requirement, the developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post-project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post-development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A Final Project Specific WQMP must be approved by the City prior to issuance of a building or grading permit. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land-use application package. The format of the 32 PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. The preliminary project-specific WQMP must be approved by the PW Engineering Department prior to approval of this EOT by the Planning Commission. 117. BMP Facilities Maintenance. This project proposes BMP facilities that will require maintenance by public agency or the property owner. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMP’s in perpetuity. The site’s treatment control BMP’s must be shown on the project’s improvement plans – either the street plans, grading plans, or landscape plans. The landowner hereby agrees to maintain all BMP’s called for in the preliminary and final WQMP. 118. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mandator y 119. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic wast4e from disposal: a. Source separate organic material from all other recyclables and donate or self- haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. Prior to Grading Permit Issuance CIRCULATION AND DEDICATIONS 120. Improvement Plans - Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet 33 beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. 121. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD, and applicable City standards, is required for this project. The applicant shall be responsible for any additional paving and/or widening required to implement the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant. 122. Street Light Plan - A separate street light plan is required for this project. Street lighting shall be designed in accordance with current City Standards and Specifications. 123. Antelope Road – Antelope Road is designated as a Secondary Highway and shall be improved with 36-foot half-width AC pavement plus an additional 12 feet beyond the centerline, 8" concrete curb- and-gutter, and 6' wide meandering sidewalk within the 50' half-width dedicated right-of-way in accordance with the City of Menifee draft Standard No. 115. Tapers shall be designed per City design guidelines. 124. Bike Lane – Within the proposed street right-of-way dedication/widening on west side of Antelope Road, a Class II bike lane is required in accordance with the City of Menifee General Plan and the City-wide Trails Map. The Newport Road bike lane shall have enhanced striping to distinguish it from a vehicle travel lane. 125. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be a Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 126. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 34 127. Ordinances 461 - With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with City of Menifee Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the PW Engineering Department. GRADING AND DRAINAGE 128. General Grading Introduction - Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 129. Geotechnical and Soils Reports Submittals - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pre-grading meeting, certifications, approvals and inspection procedures will be implemented per the PW Engineering inspection process. 130. Slope Erosion Control Plan - Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per applicable CIty requirements and ordinances. 131. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 132. Import/Export - In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the City Engineering Department. Additionally, if either location was not previously analyzed by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering Department prior to grading operations. 133. Off-site Grading Easements - Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized agreement and recorded documents shall be submitted to the Engineering Department. 35 134. Off-site Drainage Letter – The proposed drainage outlet will discharge concentrated flows to the property on the west. Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain a letter from the adjacent property owner accepting discharge of concentrated flows. A notarized, signed, and recorded letter shall be submitted to the Engineering Department 135. Plan Submittals - Two (2) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review and approval. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. An acceptable version of ACAD files are required for all final maps upon approval. 136. ADP Fees. The Riverside County Board of Supervisors has adopted the Homeland/Romoland Area Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require earlier construction of downstream ADP facilities. To mitigate this effect, the District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set for land divisions having comparable anticipated impermeable surface areas. Plot Plan 2011- 003 is located within the limits of the Homeland/Romoland Line “B” sub-watershed Area Drainage Plan for which drainage fees have been adopted to help mitigate the impacts of this development. The mitigation charge for this project shall be calculated by and is payable to the Riverside County Flood Control District. The timing and form of payment shall be determined by the Flood Control District. NPDES AND WQMP 137. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 138. Preliminary WQMP. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need revisions to meet the requirements of a final project specific WQMP. Any BMP redesign or additional BMPs that may be required by the Final WQMP that change the site layout shall be the responsibility of the developer. The developer/applicant understands and acknowledges that any significant changes that are beyond City administrative approval will require approval by the Planning Commission. Also, it should be noted that if 401certification is necessary for the project, the Water Quality Control Board may require additional water quality mitigation measures. 139. Final Project Specific Water Quality Management Plan (WQMP) – Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall 36 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 (ESA) Report as maybe required by a City approved Phase I ESA 140. Trash Enclosures - 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 as follows: a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) They shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6’ high. c) They shall have a concrete slab floor. The concrete slab shall be graded to collect any spill within the enclosure. d) A floor drain from the interior of the enclosure as described below shall be provided to convey any spill. e) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. f) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval by 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 the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and 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. 37 The use of uncovered trash enclosures is no longer permitted. However it may be approved by the Engineering Department if the project meets any of the following exceptions: a) An existing trash enclosure that is within an area subject to Community Development Department setback restriction for structures. b) No location exists where a proposed trash enclosure can be constructed without violating Planning, Fire and Building and Safety Department restrictions. c) Uncovered trash enclosures shall be graded to drain to adjacent landscape areas designed to perform as a BMP. 141. WQMP Right of Entry and Maintenance Agreement –Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the BMPs in the approved FINAL WQMP. 142. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 143. Revising the Final WQMP – In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. A deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 144. Increased Runoff - The proposed development of this site may adversely impact downstream property applicants by increasing the rate and volume of flood flows. To mitigate this impact, onsite detention facilities shall be designed and approved. 145. Increase Runoff Criteria - The entire area of proposed development may be routed through detention facilities to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10- year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% 38 Where possible and feasible the on-site flows shall be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions shall be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off-site plus on-site), and the second for the area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on-site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100- year storm without damage to the facility. Mitigation basins shall be designed for joint use and be incorporated into open space or park areas. Side slopes shall be no steeper than 4:1 and depths shall be minimized where public access is uncontrolled. A viable maintenance mechanism (a Final WQMP), acceptable to City Engineering Department, shall be provided for detention facilities. 146. Increased Runoff Study Required - A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention facilities, shall be submitted to the City Engineering Department for review and approval. Increased runoff mitigation basin criteria shall be as indicated in condition “Increased Runoff Criteria". If the City Engineer approves an increased runoff policy which supersedes this criterion prior to the submittal of the complete drainage study, then the current policy shall apply. 147. Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 148. NPDES/SWPPP Requirement- This project is larger than one (1) acre or is part of a larger project that will disturb one (1) or more acres. Prior to issuance of any grading or construction permits - whichever comes first, the applicant is required to comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resources Control Board (SWRCB). Prior to approval of the grading plans, 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. 39 149. SWPPP for Inactive Sites – The developer/property owner shall be responsible for ensuring that any graded area left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed. 150. 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 in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on-site development areas shall be performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on-site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. Prior to Building Permit Issuance: WASTE MANAGEMENT 151. 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. 152. 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. 40 GRADING AND DRAINAGE 153. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant’s civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant’s geotechnical engineer shall submit compaction reports with 90% or better prior to building permit issuance. 154. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer-of-Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer- of-Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the City Engineering Department. NPDES AND WQMP 155. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City’s approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed City Fee Worksheet and the appropriate plan check fee deposit. . 156. WQMP. A copy of the approved project specific WQMP shall be submitted to the City for review and approval. 157. 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_implementati on.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 Certificate of Occupancy 41 WASTE MANAGEMENT 158. 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. CIRCULATION AND DEDICATIONS 159. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - Prior to 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 cost associated with the annexation of the proposed development in the citywide CFD. 160. 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 comply with City landscape design guidelines and standards. Plans shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department, and the Community Services Department. The plans may be prepared for each map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 161. 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. 162. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 163. 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. 42 164. Completion of CFD Annexation - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to the Citywide CFD for maintenance of traffic signals, street lights, and BMP's within public road rights-of-way as approved by the PW Director/City Engineer. 165. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off-site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. 166. Improvements. All required off-site and on-site improvements shall be completed and functioning, including undergrounding of utilities, unless otherwise approved by the City. A certificate should be obtained from the pertinent utility company and submitted to the Public Works Department as proof of completion for the utilities. GRADING AND DRAINAGE 167. Conform to Elevations - Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer-of-Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. 168. Final Grade Certification – The applicant’s civil engineer shall provide the standard City of Menifee final grade certification form prior to certificate of occupancy of each building. 169. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per City adopted County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 170. 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. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us. The developer must provide to the PW Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the WQMP. The PW Engineering Department MUST be provided with the original notarized affidavit with plan check 43 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. 171. BMPs Installed. 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 District will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks. 172. 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 for in a City maintained database for future periodic inspection. 173. BMP Maintenance. The BMP maintenance plan shall contain provisions for all treatment controlled BMP’s to be inspected, and if required, cleaned no later than October 15th each year. Required documentation shall identify the entity that will inspect and maintain all structural BMP’s within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. 44 Section IV: Fire Department Conditions of Approval 45 General Conditions 174. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Additional information is available at our website: www.rvcfire.org go to the link marked “Ordinance 787”. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 175. These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time. 176. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards 177. Shell/FPE/Comm. THESE CONDITIONS ARE FOR A SHELL BUILDING ONLY. Shell building will receive a shell final only. No Certificate of Occupancy (human occupant and/or materials) will be issued until the building occupant has been identified with their occupancy classification and have been conditioned by Riverside County Fire Department. Occupant or tenant identification is imperative for orderly and prompt processing. Upon identification of the occupant or Tenant a Fire Protection Analysis report maybe required prior to establishing the requirements for the occupancy permit. Failure to provide a comprehensive data analysis and/ or technical information acceptable to the Fire Department may result in project delays. 178. High Pile/Rack Storage/RACK STORAGE. This building has not been reviewed or approved for high pile/rack storage. Prior to such use, building(s) shall be approved for high-piled storage (materials in closely packed piles or on pallets, or in racks where the top of storage exceeds 12 feet in height, 6 feet for Group A plastics and certain other hazardous commodities) or aerosols products. High-piled and aerosol stock shall be approved by the Fire Department prior to materials being stored on site. A licensed Fire Protection Engineer or a Fire Department approved consultant must prepare plans for high-piled storage or aerosol storage in accordance with the 2013 CFC and NFPA 13, 2013 Edition. Current plan check deposit based fee is $348.00. 179. Blue Dot Reflectors: Blue retro-reflective pavement markers shall be installed to indicate the location of fire hydrants. 180. Fire Hydrants and Fire Flow: Provide or show there exist fire hydrant(s) capable of delivering required fire flow per the California Fire Code, Riverside County Fire Department and City of Menifee standards within 400 feet to all portions of all structures. 181. Fire Sprinkler Systems: All buildings 3,600 sq. ft. or larger shall have NFPA 13 compliant fire sprinkler systems installed in accordance with the California Building Code. 182. Fire Department Access: Fire Department apparatus access shall be provided to within 150 feet to of all portions of all buildings. Driveway loops, fire apparatus access lanes 46 and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. If access exceeds the above requirements an approved fire apparatus turnaround is required. 183. Address: The address shall be posted per Riverside County Fire Department standards and will be clearly visible from public roadway. 184. On/Off Not Looped Hydrant. A combination of on-site and off-site super fire hydrant (s) (6” x 4” x 2 .” x 2 .”) will be located not less than 5 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant (s) in the system. 185. Tank Permits. Applicant and/or developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permit, from the Riverside County Fire Department and Environmental Health Department. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank (s) shall meet the following standards: Tank must be tested and labeled to UL2085 Protected Tank Standard. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank’s label from an independent test laboratory must be included with your plans. Current plan check deposit base fee is $217.00 for the first Tank, each additional tank $32.00. 186. Rapid Hazmat Box. Rapid Entry Hazardous Material Data and Key Storage Cabinet shall be installed on outside of the building. Plans showing location of cabinet(s) shall be submitted to the Riverside County Fire Department for approval prior to installation (Current plan check deposit base fee is $126.00. 187. Gate Entrances. Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop with out obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 40 foot turning radius shall be used. 188. Automatic/Manual Gates. Gate (s) shall be automatic or manual operated, minimum 20 feet width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Current plan check deposit base fee is $126.00. Prior to Building Permit Issuance 189. Building Plan Check Deposit. Building plan check deposit fee of $307 to $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been reviewed by our office. 190. Water Plans: If fire hydrants are required to be installed, 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. 47 Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Prior to Building Final Inspection 191. Fire Lanes. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 192. Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48” (Inches) to center above the floor level with Maximum 4” projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 48 Section V Building and Safety Conditions of Approval 49 Prior to Building Permit Issuance 193. Codes. Plans shall be designed to the provisions of the 2016 California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 194. Code Correction. All provisions for the disabled shall not comply with the provisions of Chapter 11 of the 2016 California Building code and “not” CALTRANS as noted on Site Plan Sheet 1 of 4. 195. Travel Paths. The use of Detectable Warning (truncated domes) shall be used where curb ramps or paths of travel cross a vehicular way. 196. Gates. Pedestrian gates on the accessible path of travel shall have hardware accessible and usable for the disabled. 197. Title 24. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 198. Plans. Three (3) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel and site accessibility features and details. 199. Lighting. All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance.” 50 Section VI Riverside County Department of Environmental Health Department Conditions of Approval 51 General Conditions 200. Potable Water and Sanitary Service. The project is proposing Eastern Municipal Water District (EMWD) potable water and sanitary service. Per Memorandum of Understanding between the County of Riverside and EMWD, no “will-serve” letters are required for projects located within their service area. However, it is the responsibility of the developer to ensure that all requirements to obtain potable water service and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. 201. Hazardous Materials Management Branch (HMMB). The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMD reserves the right to regulate the business in accordance with applicable County Ordinances. Prior to Building Permits 202. Environmental Health Clearance. Prior to the issuance of building permits, a clearance letter shall be issued from the Riverside County Environmental Health Department. END OF CONDITIONS 52 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)