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PC19-476RESOLUTION NO. PC 19.476 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 2016.290 FORTHE ON DECK CENTER, A RETAIL COMMERCIAL CENTER CONSISTING OF A HOTEL, DINE.IN AND DRIVE.THROUGH RESTAURANT AND A FUEL FACILITY AND ANCILLARY CONVENIENCE STORE AND CAR WASH, LOCATED ON 4.89 NET ACRES AT THE NORTHWEST CORNER OF TRUMBLE ROAD AND HIGHWAY 74 (APNS: 329-020-009 and 329-020-022) WHEREAS, on December 20,2016, the applicant, VSK lnvestments, LLC, filed a formal application with the City of Menifee for (1) the approval of a PIot Plan (PP2016- 290) for a 29,449 square foot retail shopping and hotel center on 4.89 net acres, including sign program. The shopping center will include a 15,817 square foot 108 room hotel, a 5,500 square foot restaurant, a 3,000 square drivethrough foot fast food restaurant, and a gas station with six (6) fueling pumps, and a 5,132 square foot convenience store with attached car wash, (2) the approval of Conditional Use Permit No. 2019-082 to allow for the gas station/car wash use and alcohol sales at the various enterprises proposed within the center, including: the sale of beer and wine for off- premises consumption at the proposed gas station and convenience store; the sale of beer, wine, and distilled spirits for onsite consumption at the proposed sit down restaurant; and the sale of beer, wine, and distilled spirits for the hotel site; and (3) Tentative Parcel Map (TPM) 2016-091 (PM37145) a proposed Schedule E subdivision of 5.01 gross acres (4.89 net acres) into four (4) commercial parcels ranging in size from 0.58 acres to 1.94 acres (collectively, the "Project"); and WHEREAS, on December 11, 2019, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents, regarding PIot Plan No. 2016-290, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 1,400 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: Consisfency with the General Plan. The Plot Plan is consisfenf with the General Plan Land Use Map, and applicable General Plan objectives, policies, and programs: Consistency with General Plan The Project site is designated Economic Development Corridor per the City of Menifee's General Plan and Zoning map and is intended for a variety of commercia!, entertainment, office and industrial uses. The Project, a commercial center, is consistent with the Economic Development Corridor land use designation as the Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities as Highway 74 is a commercial corridor within the northerly portion of the City with Interstate 215 paralleling the site to the west. The commercial center will Plot Plan No.2016-290 Page 2of7 a provide restaurant options for industrial and office uses in the vicinity of the site. The hotel use provides a lodging option for business travelers as well as patrons of the recreational facilities (Big League Dreams and Drop Zone waterpark) further north of the site in the City of Perris. In addition, the Project is consistent with the following City of tr/enifee General Plan policies: Project Design CD-3.5 Design parking lots and structures fo be functionally and visually integrated and connected; off-street parking /ofs should not dominate the streef scene. Perimeter landscaping and strategic placement of the Project's commercial buildings has been provided to visually screen the parking lot and drive aisles from surrounding roadways along both Highway 74 and Trumble Road. CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance com m unity safety. The Project is required to include security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Building Design CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence. The Project includes quality architectural features, with the hotel building having a predominately stucco and lap siding finished fagade with a red brick veneer featured on the end caps and framed entry which is further accented by a decorative porte-cochere, with the roof elements featuring a combination of raised parapets and gable style roofing finished in standing seam metal. The Project's restaurant buildings and fueling station also implore a variety of building materials with the fagade featuring both stucco and lap siding materials and aluminum framed glazing. Metal canopies further accent the buildings elevations and rough sawn railings and wood treatments are featured on the building's elevations. Like the hotel building, the rooflines utilize a combination of raised parapet walls and gable style roof elements finished in standing seam metal. All of the buildings feature decorative !ighting while the varied fagade treatments serve to break up the vertica! and horizontal wall planes. The varied color palette creates a warm environment and ranges from light beige to dark brown with rust colored accents. o a Plot Plan No.2016-29O Page 3of7 a CD-3.14 Provide variations in color, texture, materials, articulation,and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The architecture of the Project incorporates varied colors, recesses, material changes, varied rooflines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid any Iong expanses of blank, monotonous walls. Enhanced Landscape Corridors CD-4.2 Design new and, when necessary, retrofit existing sfreefs fo improve walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sideuvalks, sfre et trees, parkways, curbs, sfreef lighting, and street furniture. The Project wil! provide sufficient right-of-way for a sidewalk, parkway, street trees, street lighting and a Class ll eight (8) foot wide bike lane along both Highway 74 and Trumble Road. Furthermore, the Project extends the sidewalk and landscaping westerly along the Project's southerly boundary to facilitate the ultimate connection to properties located west of lnterstate 215. Lighting CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. The applicant is proposing decorative down-shielded building mounted lighting, as well as decorative down-shielded free-standing lighting. CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. a a o The Project has been conditioned for all lighting fixtures to comply with Menifee Municipa! Code Chapter 6.01, "Dark Sky Ordinance", which will have the effect of limiting leakage and spillage of Iight. All lighting is to be down-shielded as described above. Policies ED-2.1 Promote retail development by locating needed goods and services in proximity to where resrdenfs live to improve quality of life, retain taxable spending by Menifee resrdenfs and attract residenfs from outside the City to shop in Menifee. a Plot Plan No.2016-29O Page 4of7 Locate businesses providing convenience goods and services ,n retail centers that are on arterials adjacent to neighborhoods and communffies throughout the City but not in rural residential areas. Encourage comparison goods busrnesses fo locate in larger retait centers located on major arterials near freeway interchanges, because busrnesses that provide comparison goods tend to draw customers from larger areas. The Project would provide additional retai! options and greater convenience to residential uses to the north of the site. The Project locates these retai! businesses along a major easUwest commercial corridor (Highway 74) and a north/south corridor (lnterstate 215). Furthermore, the Project provides land uses that are compatible with those in the vicinity of the Project site and share that same Generat Plan and Zoning designation of Economic Development Corridor (EDC) and Economic Development Corridor (EDC) Northern Gateway, respectively, as the properties to the north, east, south and west. wi es Habi on Plan MSH The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The Project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephenst) (SKR) Fee Area. The Project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the Project is not located with a Criteria Cell or Cell Group. The Project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Section 2: Consisfency with the Zoning Code. The Plot Plan is consistent with the zone designation Map, and applicable development standards within the zone designation: The Project site is zoned Economic Development Corridor - Northern Gateway (EDC-NG). The General Plan Land Use Designation and Zoning classification of Economic Development Corridor are consistent and compatible with one another. The EDC-NG zone is intended as a business park area providing light industrial uses, but allows related retail and other commercial activities. The EDC-NG district provides an opportunity for grouping of businesses, professions, and other services having related and compatible functions. The EDC-NG zone also envisions commercial uses to the east of lnterstate 215. The Project, a commercial center, is consistent with the Economic Development Corridor as the Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding o o Plot Plan No. 2016-29O Page 5 of 7 communities, as Highway 74 is a commercial corridor within the northerly portion of the City with lnterstate 215 paralleling the site to the west. The Project wi!! provide dining options for industrial and office uses in the vicinity of the project site and wi!! provide a lodging opportunity for business travelers as well as patrons of recreational facilities in the area (Big League Dreams and Drop Zone waterpark). The Project meets the intent of the zone to provide groupings of businesses and services with compatible functions and commercia! east of lnterstate 215. Per the EDC-NG zone, the proposed retail center is allowed with a plot plan and conditional use permit for the gas station, car wash, and alcohol sales. The conditional use permit is being processed concurrently with the plot plan application for the retail center. The Project is also consistent with the development standards of the EDC-NG zone. The Project meets the setbacks, landscape area, FAR and height requirements of the EDC-NG zone. The hotel building height ranges from approximately 40-47 feet. The portion of the building that is 47 feet in height is a tower feature in the front of the building. Although the height limit is 45 feet, structures or structural features, which are not an essentia! and/or integral portion of the structure such as chimneys or similar features, may exceed height limits by up to fifteen feet. The tower element is not an integral or essential portion of the hotel building and provides no additional floor space. The tower height was raised to provide variety in roof heights and distinguish the front entrance. Therefore, the height of the tower can exceed the 45 feet height by 2 feet. Furthermore, the Project site's zoning is compatible with the surrounding zoning in the vicinity of the Project site which is Economic Development Corridor (EDC) - Northern Gateway, to the north, south, east and west. The Project is consistent with Menifee Municipa! Code (MMC) Chapter 9.86, Park Design, Landscaping and Tree Preservation, as well as Riverside County Ordinance No. 348. Highway. The Plot Plan includes 60,007 square feet of landscaping, which equates to 28.2o/o of the Project site. The total parking area is 40,690 square feet and the shaded parking area provided is 25,251 square feet, which exceeds the 50o/o shade requirement of 20,345 square feet. On-site landscaping is also provided along the south and west perimeters of the Project site parallel to Highway 74 and along the easterly boundary parallel to Trumble Road. Enhanced Iandscaping along Highway 74 is provided thereby adding visual and aesthetic appeal to the eligible scenic corridor and the Project sites water quality basins. All trees, shrubs, and ground cover are of low to moderate water demand. The Project is consistent with the parking requirements of Ordinance 348, Section 18.12. As proposed a total of 215 parking spaces are required and 231 parking spaces are proposed. The 231 parking spaces provided on-site are distributed through-out the project site in a manner that provides parking and accessibility to each of the proposed businesses. Plot Plan No.2016-29O Page 6of7 Section 3: The Project also includes approva! of a sign program. Per MMC Chapter 9.76, a master sign program is required for al! multi-tenant shopping centers. The purpose of a master sign program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement of high quality. The sign program has renderings of al! of the monument signs and they are compatible with the architecture for the site. Wall sign placement and sizes was carefully considered in relation to the size and scale of the buildings and compared to similar centers in the area. However, the sign program includes signs that exceed the standards of MMC 9.76, for the number of allowed service station signs and sign area for the service station monument sign. Therefore, the applicant has also submitted an application for Administrative Relief PLN19-0064 to allow the signage in the sign program to exceed the City's Sign Ordinance. Findings for approval of the Administrative Relief Application are included in a separate resolution. With approval of the Administrative Relief Application, the Project would be consistent with MMC 9.76. Therefore, the Project is consistent with the Zoning Code. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The Project site is located at the northwest corner of Highway 74 and Trumble Road, in a predominately industrial area. To the north of the site are a variety of industrial and office uses, including Sunstate Equipment, Southern California Gas Company and a UPS Distribution facility. To the south beyond Highway 74, are Grove Lumber and Building Supplies, Robertson's Ready Mix and other industrial uses. To the west of the site is lnterstate 215, specifically the Highway 74 off and on ramps. A gas station, fast food (drivethrough) restaurant, and motel are located to the east of the site. There are no residential uses in the immediate vicinity of the site; the nearest residence is over 1,000 feet to the east. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings businesses. The Project will also provide residential uses in the area with additional dining and service options. The Project incorporates quality architecture and landscaping which will enhance the area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Building and Safety, Engineering and Public Works, Riverside County Fire, Riverside County Sherriff's Department, Riverside County Environmental Health and the Riverside County Airport Land Use Commission. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Plot Plan No.2016-29O Page 7 ofl ln addition, environmental impacts resulting from the Project have been analyzed in an lnitial Study/Mitigated Negative Declaration (lS/MND). The IS/MND determined that potential impacts would all be less than significant with the necessary mitigation incorporated. Therefore, the Project is not anticipated to create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity. Section 4: Compliance with CEQA. Processrng and approval of the permit application are in compliance with the requiremenfs of the California Environmental Quality Act. An IS/MND pursuant to the California Environmental Quality Act (CEOA) was prepared for the Project. ln the IS/MND, it was found that with implementation of mitigation measures, the Project would not result in any significant impacts. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the Project. BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby approves Plot Plan No. 2016-290 subject to the following: 1. The Findings set out above are true and correct. 2. Plot Plan No. 2016-290 is hereby approved subject to the Conditions of Approval set forth in Exhibit "1" to this Resolution. PASSED, APPROVED AND ADOPTED this the 11th day of December, 2019 n, Chairman Attest: nie Roseen, Deputy City Clerk Approved as to form: Thai Phan, Deputy City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MEN!FEE ) )ss ) l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC19-476 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 11 day of December 2019 by the following vote: Ayes: Diederich, Phillips, Thomas, Madrid, KanryinNoes: NoneAbsent: NoneAbstain: None nie Roseen, CMC Deputy City Clerk MENI FEE / orfY or. II \ Planning Application No. : Project Description: EXHIBIT 331" GONDITIONS OF APPROVAL Plot Plan No. 2016-290 PIot Plan No. (PP) 2016-290 "On Deck Center" proposes the development of 4.89 acres with a 29,449 sq. ft. commercial center (footprint) that consists of a 108 room hotel, free standing restaurant, drive-thru fast food restaurant, and a gas station and convenience store with six (6) fueling pumps and an attached car wash. The commercial shopping consists of the following: . Building A.47,457 hotel (15,817 sq.ft. footprint,3- Story, 108 rooms). Building B: 5,500 sq. ft. restaurant. Building C: 3,000 sq. ft. fast food drive-thru. Building D.5,132 sq. ft. fueling facility/convenience store and car wash with six fueling pumps beneath a 4,500 sq. ft. canopy. Two companion applications are being processed concurrently with Plot Plan 2016-290. Conditional Use Permit 2019-082 is being processed to allow for the gas station with mini- markeUconvenience store and to allow for the sale of beer and wine for off-premise consumption at the proposed gas station and convenience store, and the on premise sale and consumption of beer, wine, and distilled spirits for the free-standing restaurant and hotel. The plot plan also includes approva! of a Master Sign Program for the commercial center including four monument signs as follows: One (1) free-standing , (7'-0" tall, 27'-0" wide) single- faced primary/monument sign located at the northwest corner of the intersection of Highway 74 and Trumble Road; a a a Tentative Parcel Map 2016-291 (TPM 37145) proposes to subdivide 4.89 net acres into 4 commercia! parcels: Parcel 1 - 1.94 ac; Parcel 2 - 1.20 ac; Parcel 3 - 0.58 ac and Parcel 4 - 1 .17 ac. One (1) free-standing, double-faced tenant monument sign (8'-0" tall,7'-4" wide) located at the northernmost access point from Trumble Road; a Conditions of Approval Plot Plan 2016-290 1112912019 Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Two (2) free-standing, double-faced fuel station branding/pricing monument signs (5'7" tall, 10'-6" wide), one (1) located approximately 200 feet west of Trumble Road along the north side of Highway 74 and one (1) located on the west side of Trumble Road approximately 130 feet north of Highway 74. a A total of 231 parking spaces are proposed within the commercial center, which exceeds the requirements of Ordinance 348 Section 18.12, (Off-Street Vehicle Parking Standards) for the commercial center. Of the 231 parking spaces, 119 are designated for the hotel, 58 would serve the restaurant, 34 would serve the fast-food drive-thru, and 20 would serve the convenience store, car wash, and gas station. There are seven ADA Accessible spaces proposed. Adequate parking spaces are provided for the shopping center. The site would contain approximately 60,000 square feet of Iandscaping or approximately 28.2 percent consisting of shrubs, ground cover and 1 13 trees situated throughout the parking lot and project frontages. All planting and irrigation is designed to conform to the City of Menifee Municipal Code Section 15.04. The Project will require approximately 1,204 cubic yards (CY) of cut and 25,542 CY of fill, which will result in an import of approximately 24,338 CY of soil. The project site is located within the City of Menifee. The site is located north of State Route 74, east of the lnterstate 215 northbound on ramp, and west of Trumble Road. The project proponent intends to construct service station/convenience store and site infrastructure. Pads for hotel, and restaurants will be offered for sale/lease to end users. Permits and occupancy of service station shall not be contingent upon permits or construction of hotel or restaurants. 329 -020 -022, 329-020- 00 I Commercial Commercial/Retail Retail - Service Station (Applicant should contact WRCOG to determine fee category) Quimby Category:N/A Page 2 of 68 1 Conditions of Approval Plot Plan 2016-290 11t29t2019 Approval Date:December 11,2019 December 11,2022Expiration Date: Within 48 Hours of the Approval of This Project Filinq Notice of Determination (ND/MND). The applicanUdeveloper shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand four Hundred and Four Dollars and Seventy-Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty Four Dollars and Seventy-Five Cents ($2,354.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($5O.OO; County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid untrl the filling fees required are paid. lndemnification.ApplicanVdeveloper 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 applicanUdeveloper with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. ln addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 2 Page 3 of 68 Gonditions of Approval Plot Plan 2016-290 1',U29t2019 Section l: Gonditions applicable to All Departments Section ll: Community Development Conditions of Approval Section lll: Building and Safety Gonditions of Approval Section lV: Engineering/Grading/Transportation Gonditions of Approval Section V: Riverside Gounty Fire Department Gonditions of Approval Section Vl: Riverside Gounty Environmental Health Gonditions of Approval Page 4 of 68 Gonditions of Approval Plot Plan 2016-290 11129t2019 Section l: Conditions Ap plicable to all Departments Page 5 of 68 Conditions of Approval Plot Plan 2016-290 11t29t2019 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot PIan No. 2016-290 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, BAIV Elevations, Roof and Floor Plans and Photometric Plan, for PIot Plan No.2016-290, dated September 12, 2019. APPROVED EXHIBIT B = Colored Elevations, Roof Plan and Floor Plans for Plot Plan No. 2016-290, dated September 12,2019. APPROVED EXHIBIT G = Conceptual Grading Plan for PIot Plan No. 2016- 290, dated September 12, 2019. APPROVED EXHIBIT L = Conceptual Landscaping and lrrigation Plan for Plot Plan No. 2016-290, dated September 12,2019. APPROVED EXHIBIT M = Color, Material Board and Lighting Sample for Plot Plan No. 2016-290, dated September 12,2019. APPROVED EXHIBIT S = Sign Program for Plot Plan No.2016-290, dated November 27,2019. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan prepared for the project. 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. !n the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permittee agrees to petition for formation of, 2 3 4 Page 6 of 68 Conditions of Approval Plot Plan 2016-290 11129t2019 5 annexation to or inclusion in any such financing drstrict and to pay the cost of such formation, annexation or inclusion. The permittee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. Revocation. ln 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. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. Expiration Date. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within three (3) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the three year period, the permittee may request one (1)of up to two (2), one (1) year extensions of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all two one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 6 7 8 Page 7 of 68 Gonditions of Approval Plot Plan 2016-290 11t29t2019 Section ll: Gommunity Development Conditions of Approval Page 8 of 68 Conditions of Approval Plot Plan 2016-290 11t2912019 GENERAL CONDITIONS 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(S) A, B, G, L, M and S unless othenruise amended by these Conditions of Approval. 10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 11 Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT (S) B and M. 12. Subdivision Required. Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A, a land division shall be recorded in accordance with Ordinance No. 460, and any other pertinent ordinance. 13. Phasing. The project has not been approved for the phasing on-site and off- site improvements. The applicant shall submit a phasing plan for the project for review and approval by the Community Development Director. 14 Parking. Ordinance 348, Section 18.12 (Off-Street Vehicle Parking Standards) requires 215 parking spaces for the commercial center. As shown in Exhibit A, a total of 231 parking spaces are proposed, which exceeds the requirements of Ordinance 348, Section 18.12. I Parking Matrix Use Parking Ratio Building Area Service Area Total Required Total Provided Service Station 1 space/200 sq. ft. of gross floor area including office. Store 3,200 s.f Office 600 s.f. 3,800 s.f.19 20 Fast Food 1 space/45 sq. ft. of 40% GFA serving area +1 space/2 employees 3,300 s.f 1,320 s.f. +5 Employees 32 34 Restaurant 1 space/4S sq. ft. of 40% GFA serving area +1 spacel2 employees 5,500 s.f. 2,200 s.f.+10 Employees 54 5B Hotel 1 Per Room + 2 Resident Manager 108 Rooms 2 Managers 108 Rooms + 2 Mgr 110 119 Total 215 231 Page 9 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 The parking area shall be surfaced with asphaltic concrete, concrete, pavers or porous paving, to current standards as approved by the Department of Building and Safety and consistent with Approved Exhibit A. ADA Parking Spaces: A minimum of seven (7) 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 building plans and/or precise grading plan for the proposed project. Bicycle Racks: Bicycle racks shall be provided to facilitate bicycle access to the project area as othenryise required per Building Code. The bicycle racks shal! be shown on project landscaping and improvement plans submitted for Community Development Department approval and shall be installed in accordance with those plans. Rack designs shal! be decorative where located in public view or pedestrian areas. Loading Areas. Loading and/or unloading of goods/supplies shall occur in designated loading areas as shown on EXHIBIT A only. Loading and/or unloading of goods/supplies not within a designated loading space shall only occur during non-peak hours; more specifically, between the hours of 7:00 a.m. and 11:00 a.m. and 2:00 p.m. and 9:00 p.m. Loading areas shall be kept free of debris and clean throughout the life of this plot plan. 15. Signs. A Master Sign Program EXHIBIT S has been approved under this application (Plot Plan No. 2016-290). Prior to the installation of any onsite advertising/signage, including but not Iimited to walls affixed to the building or freestanding signs, a sign permit shall be submitted to the Community Development Department, along with any applicable fees, for review and approva!. 16. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 17. 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 Municipa! Water District. 18. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 19. Exterior Noise Levels. Facility-related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, Page 10 of 68 Conditions of Approva! Plot PIan 2016-290 '1112912019 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. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 21. Air Quality 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 prolect include but are not Iimited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows. All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. lmplementation of this measure is estimated to reduce PMro and PMz sfugitive dust emissions by approximately 61%. a a a 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 PMroand PMz.s fugitive dust haul road emissions by approximately 44%. 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. SCAQMD Rule 461. The project will comply with SCAQMD Rule 461 which applies to the transfer of gasoline from any tank truck, trailer, or railroad tank car into any stationary storage tank or mobile fueler, and from any stationary storage tank or mobile fueler into any mobile fueler or motor vehicle fuel tank. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than fifteen (15) minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 22 23 24 Page 11 of68 Gonditions of Approval Plot Plan 2016-290 11t29t2019 25. Outdoor Events/Temporary Uses. A temporary use permit shall be required for outdoor events and/or temporary uses as described in Menifee Municipal Code Chapter 9.06 and include, but are not limited to, Farmer's Markets, health fairs, art and car shows. 26. Completion of Conditions Prior to Operations. Pursuant to Section 18.2(a) of Ordinance No. 348, the proposed use approved under Plot Plan No. 2016- 290 shall be not be established or operated until all required conditions (e.9., road pavement, landscaping installation, building improvements, basins etc.) of this Plot Plan have been completed to the satisfaction of the City. 27 Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 28. Airport lnfluence Area. The project site is located within an Airport lnfluence Area. Therefore, the following conditions apply (Per General Plan I mplementation Action LU-23): a. The notice of airport in vicinity shall be provided to all potential purchasers of the property and tenants/lessees of the buildings thereon. ARCHAEOLOGY 29. Human Remains. lf 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 unti! a final decision as to the treatment and disposition has been made. lf 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. 30. Non-Disclosure of Location Reburials. lt 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 shal! 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 625a O. 31. lnadvertent Archeological Find. If during ground disturbance activities, unique cultura! 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 Page 12 of 68 Conditions of Approval Plot Plan 20,,16-290 1112912019 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. AII 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 shal! 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. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan 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 as identified in Non-Disclosure of Reburial Condition. v. Pursuantto Calif. Pub. Res. Code S 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. lf the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." 32. Cultural Resources Disposition. ln the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: Page 13 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 33 a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation-ln-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur unti! all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shal! be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase lV report. The Phase lV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. lf preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase lV monitoring report. lnadvertent Paleontological Find. Should fossi! remains be encountered during site development: 1 ) All site earthmoving shall be ceased in the area of where the fossi! remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. Page 14 of 68 Conditions of Approval Plot Plan 2016-290 11t29t2019 4) Paleontologica! monitoring of earthmoving activities will continue thereafter on an as-needed basis by the 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 butnot otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) lf fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) 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 fossi! collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by q ualified scientific i nvestigators. *The City of Menifee must be consulted on the repository/museum to receive the fossrl material prior to being curated. LANDSCAPING 34. lnterim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shal! 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 (SCAOMD). 35. 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. 36. Landscape Plans. AII landscaping plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance (MMC 15.04). Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. Page 15 of 68 Gonditions of Approval Plot Plan 2016-290 11t29t2019 37, Maintenance of Landscaping. All private Iandscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Community Facilities District (CFD), or other mechanism as determined by the City of Menifee. FEES 38. 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. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. PRIOR TO ISSUANCE OF GRADING PERMIT 39. Precise Grading Plan Review. The Community Development Department shall review the precise grading plan for consistency with the approved site plan and conceptual grading plan (Approved Exhibits A and G) and the conditions of approva!. 40. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 41. Charging Spaces. The building plans shall show provisions for future installation of electric vehicle charging stations on the site plan and/or precise grading plan consistent with Building Code. 42 Gonstruction Equipment. AII diese! powered construction equipment to be equipped with Tier four (4) engines and level three (3) diesel particulate filters (DPF) or better. 43. Fugitive Dust Gontrol. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAOMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to contro! dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent Page 16 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 surface soil moisture content throughout al! earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All unpaved 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. Al! haul trucks hauling soi!, sand and other loose materials must either be covered or maintain two feet of freeboard; All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j lnstall wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 3O-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. lnstall wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; Page 17 of 68 Gonditions of Approval Plot Plan 2016-290 11t29t2019 r. All materials transported off-site shal! 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. Construction Noise. The project developer shall implement noise mitigation measures during grading consistent with the IS/MND and as listed in the MMRP. BIOLOGICAL 45. Burrowing Owl. 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 City of Menifee. lf 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 City 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. lf 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. For any ground disturbance activities during the general bird nesting season (February 1-September 15), a survey for nesting birds shall be conducted by a qualified biologist prior to any such activities during the general bird nesting season and the results of the survey shall be provided in writing to the City of [Menifee Community Development Department. 44 Page 18 of 68 Conditions of Approval Plot Plan 2016-290 11129t2019 46. Nesting Bird Survey. lf grading is to occur during the nesting season (February 15 - August 31 ), a nesting bird survey shall be conducted within ten (10) days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County. The findings shall be submitted to the City of Menifee Community Development Department for review and approval. PALEONTOLOGICAL 47. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shal! retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitonng site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource lmpact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. lnformation 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. lf the project paleontologist finds fossil remains, earthmoving activities will be drverted 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. Page 19 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 FEES D. lf fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities wil! be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. lf 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 wi!! be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g. 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. 48. Stephen's Kangaroo Rat (SKR) Fee. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of Page 20 of 68 Conditions of Approval Plot Plan 2016-290 1',,12912019 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. lf the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 49. Fees. Prior to the issuance of grading permits for PP 2016-290, the Community Development Department shall determine the status of the deposit based fees. lf the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to lssuance of Buildinq Permit 50. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 51. Reciprocal Parking and Access Agreement. Prior to building permit issuance, a reciprocal parking and access agreement shall be recorded to share the parking spaces and allow reciprocal access between newly created parcels associated with Tentative Parcel Map 2016-291 (APN's - 329-020-022- 4, 329-020-009-3). 52. Elevations, Floor Plans and Roof Plan. Elevations, floor plans and roof plans of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBlT B. 53. Hotel Elevations. Prior to building issuance for the hotel, revised elevations shall be submitted for review and approval to the Community Development Department. The revised building elevations shall incorporate additional plane variation and enhancements to the satisfaction of the Community Development Director. 54. Treatment for Backs of Parapets. The backs of parapets shall be treated the same as the front where open to public views (finish and trim). 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. The fixture types and locations shall be consistent with Exhibit M. Page 21 of68 Gonditions of Approval Plot Plan 2016-290 1112912019 All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for Plan Check approval and shall comply with the requirements of the City of Menifee Municipal Code Chapter 6.01 . 56. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view and from view of any public right-of-way. All building plans shall show all roof-mounted equipment and methods for screening consistent with Approved Exhibit B and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans shal! be approved prior to issuance of a Building Permit. Screening materia! 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. Enhanced Paving. Building plans shall show enhanced paving consistent with Approved Exhibits A and L. 58 Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building. 59. Walls and Fencing. Proposed walls and fences have been shown on the conceptual landscaping plan and site plan and generally consistent of a tubular steel fence along the southern/western property boundary near the !nterstate 215 on ramp, screen walls along the drive thru queuing area, and a screen wall at the hotel pool. Walls and fencing shall be consistent with Approved Exhibit L. lf any changes are proposed, revisions can be incorporated into the final landscaping and irrigation plan or submitted for review under a separate minor plot plan. lf Caltrans does not require the tubular stee! fence along the southern/western property boundary, it is not required to be installed. 60. Screening of Accessory Structures and Mechanical Equipment. Screening of trash receptacles within trellised enclosures and encasing mechanical equipment within small structures compatible in color and materials to primary structures shall be required and methods of screening shall be included on building plans and/or landscaping plans. 61. 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 the building containing the management office for this development, or inside a security office 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 above camera surveillance system shal! include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project or as approved by the Sherriff's Page 22 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 Department. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. lt should be noted that high quality day/night vision LPR cameras are relatively inexpensive. 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. 62. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. At applicant's election, a cash security may also be used for amounts exceeding $2,500. 63. Landscape and lrrigation Plans. The permittee shal! submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Division for review and approval. Said plan shall be submitted to the Division in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1)(Plot Plans not subject to the California Environmental Quality Act) and Menifee Municipal Code Section 9.86, along with the current fee. The plan shall be in substantial conformance to APPROVED EXHIBIT L, Menifee Municrpal Code Chapters 9.86 and 15.04 and the conditions of approval. The plan shal! show all common open space areas (e.g., outdoor gathering areas). The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, slope planting, water quality basins, common area and/or outdoor gathering area Iandscaping. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Page 23 of 68 LANDSCAPING Conditions of Approva! Plot Plan 2016-290 11t29t20'.,9 The irrigation plan shall be in compliance with Menifee Municipal Code Chapter 15.04, and include a rain shut-off device which is capable of shutting down the entire system. ln addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. The location, number, genus, species, and container size of plants shall be shown. lf the above mentioned landscaping plans do not include shading and parking Iandscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and lrrigation Plan shall be submitted to and approved by the Planning Department. Landscaping and lrrigation Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein. Proiect Specific Landscape Requirements: 64. Note on Conceptual PIans. The conceptua! landscaping plans show general locations for shrubs, groundcover and trees, but does not specify the size and each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type of plants, or change the size of plants on the working drawing. 65. Curb and Walhray on End Stall Planters. Unless othenruise approved by the Community Development Director, 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. 66 lnterim 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 Planning Department, Building and Safety Department and the State air quality management authorities. lnterim shrub borders shall be planted around various undeveloped pads of the project. 67 . Enhanced Landscape Corridor. Highway 74 is identified as a State Eligible Scenic Highway. The landscaping along Highway 74 and at the corner of Highway 74 and Trumble Road wi!! need to be enhanced consistent with applicable General Plan policies and Menifee Municipal Code. Page 24 of 68 Conditions of Approval Plot Plan 2016-290 11129t2019 FEES 78. 68. Enhanced Paving. The landscaping and irrigation plans shall show the location and types of hardscape, including enhanced paving, consistent with Approved Exhibits A and L. 69. Public Art. Public art features and site amenities shal! be shown on the final approved landscaping plan consistent with Approved Exhibits A, L and M. 70. Bicycle Racks. The landscaping plans shall show the location of bicycle racks. Where bicycle racks are placed in public view, the racks must be enhanced. 71. Vines. The color renderings/elevations for the project show trellis features on the buildings within the site. The landscaping plan shall include the location of vine planting to be consistent with the trellis provided on the color renderings/elevations. Vines are also required on trash enclosures. 72. Tree Placement. Tree placement should avoid conflicts with parking lot lighting. 73 Berming. Berming and landscaping shall be provided as shown on Approved Exhibits A, G and L to screen drive-through facilities and parking. 74. Basins. Planting in basins shall be consistentwith Approved Exhibit L and the plants shall be of adequate height so that they can be seen above the curbs surrounding the basins and/or up to a minimum height of three (3) feet. 75. Double Detectors. Double detector check valve assemblies (backflow preventers) for landscape irrigation and domestic water shall not be located at visually prominent locations (such as the end of drive aisles or at site entries) and shal! be well-screened with shrubs, berming, or low screen walls. 76. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shal! fal! within current CPTED (Crime Prevention through Environmental Design) guidelines. 77 Landscape lnspections. 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 lnspections. The number of hours for pre installation, installation, and One Year Landscape lnspections is estimated to be $5,000. 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. lf so, any outstanding fees shall be paid by the permittee. 79. Ordinance No. 17-232 (DlF). Prior to the issuance a building permit, the applicant shall comply with the provisions of Ordinance No. 17-232, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 17-232 has been established to set forth policies, regulations Page 25 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 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. ln the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17 -232 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 Perris Union High School District. lmpacts to the Perris Union High School District shall be mitigated in accordance with California State law. 81. Romoland School District. Impacts to the Romoland School District shal! be mitigated in accordance with California State !aw. Prior to Final lnspection 82 Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the permittee shal! 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 req u ired. 83. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Plot Plan which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 84. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBITs A, B and M. 85 Roof Mounted Equipment. Prior to issuance of a certificate of occupancy, Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 86. Trash Enclosures. Four (4) trash enclosure which is adequate to enclose the required number of bins (per Waste Management) shall be located as shown on the Approved Exhibit A and L and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block (including masonry cap) with landscaping screening, roof covering and a solid gate which screens the bins from external view in compliance with Approved Exhibit L. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the Page 26 of 68 Conditions of Approval PIot Plan 2016-290 1112912019 Riverside County Waste Management Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 87 . Lighting. Exterior lighting shall be consistent with the approved building plans. 88. Wall and Fence Locations. Wall and/or fence locations shall be in conformance with the Approved Exhibit L or subsequent approved wal! and fence plan. 89. Hardscaping, Outdoor Furniture and Public Art. All hardscaping, including enhanced paving, outdoor furniture and public art shall have been installed in accordance with the approved landscaping, irrigation and shading plans prior to issuance of the first certificate of occupancy. 90. Condition Gompliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. Phasing. lf the project has been phased, allfacilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 91 92. 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. 93 Electric Vehicle Gharging Space. Prior to the first final occupancy, the provisions for the future installation of electrical vehicle charging spaces shall be installed. 94. Extended Truck ldling. Prior to final occupancy, the sign(s) stating that "EXTENDED IDLING TRUCK ENGINES lS NOT PERMITED" shall be located at the entrance to all loading areas. The sign(s) shall not be less than twenty four (24) inches square and will provide directions to truck parking spaces with electrical hookups. The hookups will provide power for refrigerated trailers that need to be parked on- sight for more than fifteen (15) minutes. 95. Final Planning Inspection. The permittee shall obtain final occupancy sign- off from the Planning Division for each building permit issued by scheduling a fina! Planning inspection priorto the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, decorative paving, public plazas, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. Page 27 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 IANDSCA PING 96. Soil Management Plan. The permittee shall submit a Soi! Management PIan (Report) to the Community Development Department before the Landscape lnstallation 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 Soi! Management Plan?" 97. Landscape/lrrigation lnstall Inspection. The permittee landscape architect responsible for preparing the Landscaping and lrrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion !nstallation lnspection with the Community Development Department. The pre- landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to fina! inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post-Establishment lnspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape i nspections. 98. Landscape lnstallation. All required !andscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, lrrigation, and Shading Plans, Menifee Municipal Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaprng. 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. 99. 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 100. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. ln the event Ordinance No.810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded Page 28 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 101 . Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shal! determine if the deposit based fees for project are in a negative balance. lf so, any outstanding fees shall be paid by the permittee. Page 29 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 Section lll: Buildins and Safety Gonditions of Approval Page 30 of 68 Conditions of Approval Plot Plan 2016-290 1'.|12912019 Buildino and Safetv General Conditions 1. Fina! Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submitta!. 2. Compliance with Gode. All Design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. lf the plans are submitted to the City of Menifee on or after January 01,2020, the plans shall be designed in accordance with the 2019 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2019 California Energy Codes , 2019 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. 3. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building.c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right of way to all public areas on site, such as enclosures, clubhouses and picnic areas. 4. Hazardous Materials. Prior to building permit final, a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances will be required. lf further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. 5. Pool Area. Prior to issuance of any Building and Safety permit(s) or operation of any pools or spas, plans will require review by the Department of Environmenta! Health Services to ensure compliance with applicable California Health and Safety Codes. An annual operating permit for each pool/spa will be required. 6. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a "photometric study" showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shal! be shown on electrical plans submitted to the Building & Safety Page 31 of 68 Conditions of Approval Plot Plan 2016-290 11129120',t9 Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. AII exterior LED light fixtures shall be 3,000 kelvin and below. 7. Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing from Public Works Department and submitting a site plan for commercial, residential/tract, or multi- family residential projects. 8. Obtain Approvals Prior to Gonstruction. Applicant must obtain al! building plans and permrt approvals prior to commencement of any construction work. 9. Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 10. Demolition. (lf applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 1 1. Sewer and Water Plan Approvals. On-site private sewer and water plans will require separate approvals and permits. A total of 6 sets shall be submitted. 12. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 13. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 14. Roof Drains. Drainage water collected from a roof, awning, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface. 15. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Officials lFire Marshal's approval. Page 32 of 68 Gonditions of Approval Plot Plan 2016-290 1112912019 Prior to lssuance of Gradinq Permits 16. Onsite Water and Sewer Plans. Onsite private water and sewer plans, submitted separately from the building plans, shall be submitted to Building & Safety for review and approval. 17. Demolition Permits. A demolition permit shal! be obtained if there is an existing structure to be removed as part of the project. AQMD shal! be notified and a PermiURelease shall be submitted to Building and Safety, Prior to Permit lssuance. Plan Review Submittal 18. Submit Building Plans and Calculations. 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 B. Building and Safety will require the following items: a. 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).b. Compliance with the mandatory requirements of Title 24 part 11 of the California Building Standards Code (CALGreen) and the Title 24 Part 6 Building Efficiency Standards.c. lncorporate solar ready design features into the building construction.d. Seven (7) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation.e. 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.f. All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, "Dark Sky Ordinance".g. All exterior lighting shall fall within current commercial standards.h. Provisions for future installation of future EVCS stations shall be provided and shown on building plans. i. An electrica! plan including load calculations and panel schedule, plumbing schematic, and mechanica! plan applicable to scope of work.j A Sound Transmission Control Study in accordance with the provisions of the Section 1207 , of the 2016 edition of the California Building Code.k. A precise grading plan to verify accessibility for persons with disabilities.l. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Maybe a deferred submitta!. Page 33 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 m. Eastern Municipal Water District (EMWD) First Release Required Prior to lssuance of Building Permits 19. Plans require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with origina! signature on the plans. Electronic Signature is acceptable. All associated Building Fees to be paid. 20. Department Approval. Each Department is required to Approve, with a signature. 21 . Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Tem porarv Uti I ities Release 22. Temporary Utilities Release. lf for any reason, release of electrical or gas utilities is required prior to final inspection, a bond shall be posted with the City of Menifee Bullding and Safety Department prior to any release. Utility release request and bond forms are available at the Building and Safety Counter. Prior to Temporarv Certificate of Occupancv 23. Temporary Gertificate of Occupancy. Application and deposit to be submitted, a minimum of 5 working days prior to effective date. Each department is required to provrde an Exhibit' clearly identifying those Conditions of Approval that remain outstanding with a signature. Prior to Certificate of Occupancv 24. Prior to Certificate of Occupancy. Each department is required to Review and Approve with a Signature, once ALL Conditions of Approval have been Met/Approved. Page 34 of 68 Conditions of Approval Plot Plan 2016-290 11t29t2019 Section IV: E nq i neeri n q lT ranspo rtatio nl Gradinq Gonditions of A pproval Page 35 of 68 Conditions of Approval Plot Plan 2016-290 '1112912019 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with al! applicable City of Menifee standards, specifications and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS: This site plan is concurrently processing a proposed parcel map under application Tentative Parcel Map (TPM) 2016-091, which has its own set of Conditions of Approval. The conditions for this plot plan shall be satisfied in concurrence with the Conditions of Approval for the proposed parcel map under TPM 2016-091 . 2. Plan Submittals. The applicant shall complete plan review submittal forms, and the required number of 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. The plans shall receive City approval prior to issuance of grading or construction permits. All submittals shall be date stamped by the engineer and include the appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. A scanned image of all final approved grading and improvement plans on Compact Disc (CD) shal! be provided to the City, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefiles or (c) Geodatabase. CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 3. Mylars. All improvement plans and grading plans shall be drawn on twenty- four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer and/or other registered/licensed professional as required. 4. As-Built Plans Prior to issuance of certificate of occupancy, the developer/property owner shall cause the civil engineer of record to submit as- built plans for completed improvements in a format and manner approved by the Public Works Director/City Engineer. A copy of the final drawings in Auto CAD 2010 format on Compact Disc (CD), and scanned image of all final as-built plans in pdf format shall be submitted to the PW Department. lf the required files are not provided, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director/City Engineer. 5. Construction Traffic Control Plan. Prior to commencement of construction of any kind, the applicant shall submit and obtain approval of a Construction Traffic Control Plan in compliance with the Iatest 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 1 Page 36 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 construction. lncluded in this plan shall be the 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. Trucks with a soil load shal! be covered at all times during transport within the City right-of-way. Street sweeping is required biweekly during construction activity and daily during all grading operations. A water truck is required on site during all grading operations. Corrugated steel panels, grave!, and wheel washing BMPs shall be installed at al! 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. Obtain permits from Cal Trans for work within the State road right-of- way. d. Traffic safety within the road right-of-way including temporary traffic control measures and devices. e. A dirt haul route plan shall be submitted for approval prior to any imporUexport grading operation. The plan shall identify all origins and destinations and a 9:00am - 4:00pm haul period. Haul routes are not permitted on residential streets. The traffic control application, location, and type of traffic control shall be shown on the plan. Daily street sweeping is required durrng all hauling operations. 6. Encroachment Permits. All work to be performed in City, State, or local agency right-of-way shal! obtain all required encroachment permits and clearances prior to commencement of work. 7. Storm Water Quality. The developer is responsible to file a fina! WQMP and SWPPP. 8. Water Quality Management PIan (WQMP). In compliance with Santa Ana River (SAR) Regional Water Quality Control Board (SWRCB) Order No. R8-2010-0033 (SAR Permit), projects submitted within the western region of Riverside County for discretionary approva! will be required to comply with the requirements of the SAR Permit on the implementation of Water Quality Management Plan for Urban Runoff. The Final WQMP developed for this project shall conform to the latest requirements set forth by the SAR Permit and subsequent revision adopted by the Board prior to construction of water quality features on each parcel. The WQMP addresses post-development water quality impacts from new development and redevelopment projects. This project meets the requirement for a submittal of a WQMP per the SAR Permit. 9. Dry Utility Installations. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with City Ordinances, or as approved by the Public Works Director/City Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or below (a Page 37 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 along the project frontage and between the nearest poles offsite in each direction of the project site. 10. Construction Times of Operation. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: a. Any construction within the City limits located 114 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 Friday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.010. Construction activities on Saturday and Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. Night work is not permitted unless prior approval is obtained for the City Building Official or City Engineer. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipa! Code. ln addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions unti! such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre-Construction meeting is mandatory with the City's Public Works Senior lnspector prior to start of any construction activities for this site. 1 1. Bond Agreements and lmprovement Security The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, onsite/offsite street improvements, street lights, traffic signals, signing and striping, water quality BMPs, and storm drainage facilities. 12. Dry Utility lnstallations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Riverside County Ordinance Numbers 460 and 461, or as approved by the Public Works Director/City Engineer. o Page 38 of 68 Conditions of Approval Plot Plan 2016-290 11t29t20'.t9 B. GRADING AND DRAINAGE All grading shall conform to the latest adopted edition of the California Building Code, City adopted Ordinances, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 13. Grading Permit for Clearing and Grubbing - City adopted Ordinances requires a grading permit prior to clearing, grubbing, or any top soi! disturbances related to construction grading activities. 14.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. 15. Slope Landscaping and Irrigation - All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Slopes exceeding 15 feet in vertical height shal! be irrigated and planted with shrubs and/or trees per City adopted Ordinances. Drip irrigation shall be used for all irrigated slopes. 16. Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per City adopted Ordinances. 17. Erosion Gontrol Plans - All grading plans shall require approved erosion control plans. Graded but undeveloped land shall provide, in addition to erosion control planting, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (BMPs) are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during a rain event, or before an anticipated rain event. 18. Offsite Grading Permission and Easements. lt is 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. Written permission shall be obtained from all affected property owners allowing the proposed grading and/or drainage facilities to be installed outside of the project boundaries. A notarized agreement and recorded documents shall be submitted to the Engineering Department prior to issuance of a grading permit. 19. lmport/Export. Prior to issuance of a grading permit, grading plans involving import or export of dirt shal! require approval of the imporUexport locations from the Public Works Engineering Department. Additionally, if either location was not previously approved by an Environmental Site Assessment, a Grading Environmental Site Assessment shall be submitted for review and approva! by the Public Works Engineering Department prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. Page 39 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 ln instances where a grading plan involves import or export of soil from outside the boundary of the Town Center Specific Plan, the developer/property owner shall have obtained approval for the imporUexport location from the City Engineering Department. Additional CEQA analysis will not be required if such imporUexport has been analyzed in the EIR. Soil movement within the boundary of the Town Center Specific Plan and EIR shall not be considered imporUexport and shall not be subject to a new Environmental Assessment because the EIR analyzed such soil movement for balance and grading purposes as part of the construction program. lf any soil movement requires the use of a public road that is fully improved and accepted by the City and, a haul route must be submitted and approved by the Engineering department prior to issuance of the grading permit. 20. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the developer/property owner in accordance with Air Quality Management District (AOMD) requirements. A watering device shall be present and in use at the project site during al! grading operations. 21.To avoid cross property-line drainage, Cross Section A-A shall be revised to provide an interceptor drain along the toe of the manufactured slope which shall collect and convey on-site drainage towards SR-74, or an alternative design approved by the Engineering Department. 22. Design Grade Griteria - All design grades to be compliant with City Ordinances and Standards. Non-compliance with the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 23. Drainage Grade - Minimum drainage design grade shall be per the City of Menifee Grading Ordinance. 24. Section B-B, Gross section off Hwy 74, as shown on the concept grading shall be modified to eliminate any treatment area within public right-of-way. The parkway shall be designed and constructed to meet City of Menifee and Caltrans requirements. Any treatment requirements/biofiltration shall be provided onsite, with necessary easements granted to the City or Caltrans for treatment facilities for public improvements or areas proposed to be maintained by a public agency. 25. Use of Maximum and Minimum Grade Criteria - Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City lnspector, and will need to be removed and replaced at developer's or owner's expense. 26. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are Page 40 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 susceptible to erosion by running water. AII cut and fill slopes shall have a maximum 2:1 grade, 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on-site development areas shall be performed by a licensed geotechnical engineer. 27. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. All drainage facilities shall conform to the approved drainage study. 28. Compliance with NPDES General Construction Permit The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of lntent (NOl) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans. For additional information on how to obtain a GCP, contact the SWRCB. 29. SWPPP - Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer / property owner shall be responsible for uploading the SWPPP into the State's SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. 30. Geotechnical and Soils Reports Requirement A Geotechnical Report, prepared by the developer and approved by the PW/Engineering department, shal! be provided to Engineering. A pre-grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City Building and Safety Grading lnspection process. All grading shall be done in conformance with the recommendations of the City approved geotechnica!/soils reports, and under the general direction of a licensed geotechnical engineer. 31 . Grading Bonds - Prior to issuance of a grading permit, the develope/project owner shall post adequate performance security with the Public Works Engineering Department. 32. Perpetual Drainage Patterns - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. Prior to issuance of a grading permit, a copy of the recorded drainage easements from all affected property owners shall be submitted to the Public Works Engineering Department. Page 41 of68 PRIOR TO GRADING PERMIT ISSUANCE: Conditions of Approval Plot Plan 2016-290 11t29t2019 PRIOR TO BUILDING PERMIT ISSUANCE; 34. Onsite and Offsite Storm Drain Facilities Larger Than 36" Proposed to be Owned and Maintained by Riverside County Flood Control and Water Conservation District (Flood Control) - Storm drain lines greater than 36 inches proposed for ownership by Flood Control shall also be reviewed and approved by the Flood Contro! The developer shall coordinate the transfer of ownership for these larger lines to Flood Control as approved by the PW Director. 35. Building Footprints over SetbacURight of Way Lines - Prior to issuance of any building permit, the project shall ensure that no building footprints will cross over any existing or proposed right of way lines and setback lines. 36. No Building Permit without Grading Permit - Prior to issuance of any building permit, the developer/property owner shall obtain a grading permit and/or approva! to construct from the Public Works Engineering Department. 37. Final Rough Grading Gonditions - Prior to issuance of any building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 38. Hydrology/Hydraulics Study - Prior to gradrng permit issuance, the project's final hydrology/hydraulics study shall be reviewed and approved by the Public Works Department. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. 39. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnica!/soils report. Page 42 of 68 33. Offsite and Onsite Storm Drain lmprovements - All storm drain facilities required by the approved drainage study shall be reflected on the approved improvement plans, and shal! be completed for construction prior to issuance of a building permit. These storm drain improvements shall include the four (4) Bio- Retention basins located onsite. The improvements shall be subject to the review and approval of the Public Works Director. All structural BMPs shall be functional prior to issuance of a Certificate of Occupancy. Conditions of Approva! PIot Plan 2016-290 1112912019 PRIOR TO ,SSUATVCE OF CERTIFICATE OF OCCUPANCY: 40. Final Grade Certification - Prior to issuance of Certificate of Occupancy, the developer/property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for the building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 41. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. WATER. SEWER AND RECYCLED WATER The following utility improvements shall be designed per the Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 42. Sewer Lines - Any new sewer line allgnments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 4601461 and Eastern Municipal Water District standards. 43. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the applicable City Ordinances, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. All water Iines for the purpose of landscaping irrigation shall use recycled water. PRIOR TO BUILDING PERMIT ISSUANCE: 44. Onsite and Offsite Sewer, Water and Recycled Water lmprovements - AII onsite and offsite sewer, water and recycled water lateral connections to the street right-of-way shall be completed for construction prior to issuance of a building permit. D. STREETS AND DEDICATIONS Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, the applicable City ordinances, and all other relevant Iaws, rules and regulations governing street construction in the City. 45. Trumble Road Dedication - Developer/Property Owner shall dedicate nine (9) feet of additional Right of Way along Trumble Road. 46. Acceptance of Public Roadway Dedication and lmprovements - Easements and right-of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. Page 43 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 47. 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, and as determined and approved by the PW Director. 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 as determined and approved by the PW Director. 48. Public Street Light Service Point Addressing - The developer shall coordinate with the PW Department and with Southern California Edison 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 public's right of way or within duly dedicated public easements. 49. ADA Gompliance - ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director/City Engineer and the City Building Official. 50. Paving or Paving Repairs - The applicant shall be responsible for obtaining the paving inspections required by applicable City Ordinances. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director/City Engineer. 51 . Goncrete Work A!! concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shal! be constructed to meet a28 day minimum concrete strength of 3,250 psi. PRIOR TO ISSUANCE OF CONSTRUCTION PERMIT: 52. Encroachment Permits - The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 53. lmprovement Bonds Prior to final map recordation associated with this planning application, or issuance of any construction permit for all required onsite and offsite public improvements, whichever occurs first, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances; resolutions and municipal codes (See a/so bond agreement condition under General Condition). PRIOR TO ISSUAA'CE OF CERTIFICATE OF OCCUPANCY: 54. Driveways and Driveway Approaches - Commercial Driveways and Driveway Approaches shall be designed and constructed per City of Menifee No. 208. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. Page 44 of 68 Conditions of Approval Plot Plan 2016-290 11t2912019 55. Offsite Street lmprovements - The following offsite improvement shall be completed and shall be operational prior to issuance of Certificate of Occupancy: a. Trumble Road shall be improved along property boundary. lmprovements shall include but not limited to: AC pavement curb, gutter, commercia! driveway, median turn pocket, sidewalk, striping and dry utilities. b. SR-74 shall be improved along property frontage. lmprovements shall include but not !imited to: AC pavement, curb, gutter, parkway landscaping, median turn pocket, sidewalk, striping and dry utilities. E. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS 56. Traffic lmpact Analysis Report. The development shall comply with all the improvement measures identified to be constructed or provided in the approved traffic impact analysis (TlA), dated March 20, 2019 prepared by Urban Crossroads. PW-Engineering - Traffic Engineering Division has reviewed the TIA and has generally concurred with its findings. The developer / property owner shall be responsible for all improvements and mitigations, such as but not limited to; right-of-way frontage improvements, traffic signa! construction or mitigation, fair share fees, required or identified in the approved traffic study and according to these Conditions of Approval. All required improvements identified in the study sha!! be included in al! improvement plans for review and approval by PW- Engineering. The recommendations/mitigation measures outlined in the approved TIA are as discussed below. Additional improvements may be required to address public safety and welfare, as determined by the City Engineer / PW director. Prior to lssuance of Buildinq Permit 57. Signing and Striping Plan. Prior to issuance of a building permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. Signing and striping plans may include a striped bike lane per City General Plan requirements. 58. Driveway Geometrics. Final driveway geometrics may be modified in final engineering as approved by the City Engineer / PW Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 59. Sight Distance Analysis. Sight distance analysis was conducted at all project roadway entrances for conformance with City sight distance standards. The final grading plans, street improvement plans, and landscape improvement plans. shall comply with the sight distance visibility requirements. 60. Traffic Signal Control Devices. All new traffic signals and traffic signal modifications required for construction by this development shall include traffic signal fiber optic communication infrastructure, network equipment, and Page 45 of 68 Conditions of Approval Plot Plan 2016-290 11129t2019 Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signa! design plans, and shall be approved by the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. 61. Traffic Signal Timing Plans. Traffic signal timing plans for new and or modified signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the PW Director prior to installation and testing of new signal. 62. lntersection Geometrics. All temporary/final intersection geometrics may be modified in final engineering as approved by the PW Director. 63. Construction Traffic Control Plan. Prior to start of any project related construction, the developer / property owner shall submit to the PW-Engineering Department for review and approval, a Construction Traffic Control PIan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following: a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: lnclude construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: lnclude temporary traffic control measures and devices. 64. TUMF lmprovement and Credit Agreement. lf applicable, to obtain credit for TUMF eligible facilities, the developer shall enter into a three party TUMF lmprovement and Credit Agreement with WRCOG and the City of Menifee. The agreement shall be in accordance with City Ordinances and WRCOG Administrative Policy. The agreement requires WRCOG approva! and City Council action. Prior to lssuance of Certificate of Occupancv 65. Site Adjacent Roadway lmprovements. lt is noted that both Trumble Road and SR-74 are constructed at therr ultimate as Major Highway. However, the developer / property owner shall construct curb-and-gutter, and applicable driveway improvements along the project frontage. Additionally, the developer/property owner shall construct a raised median along Trumble Road with a northbound left turn pocket into the project site at Driveway 2. The improvements shall need to be approved by the PW Director. Page 46 of 68 Gonditions of Approval Plot Plan 2016-290 11t29t2019 66. Sight Distance Restriction. The developer / property owner shall ensure that the limited use area as identified in the TIA shall be kept clear of any landscaping or any other obstructions that may impede driver visibility including, but not limited to, on-street parking. Additionally, the developer/property owner shall ensure that no landscaping/hardscape within the limited use area is greater than 30-inches (2.5-ft) in height. 67. Driveway 1 of Project Driveway Entry at Trumble Road. The developer/property owner shall construct the project driveway entry along Trumble Road with following geometrics: a. 2S-foot curb radius on the northwest corner b. 2O-foot curb radius on the southwest corner 68. Driveway 2 of Project Driveway Entry at Trumble Road. The developer/property owner shall construct the project driveway entry along Trumble Road with following geometrics: a. 3O-foot curb radius on the northwest corner b. 30-foot curb radius on the southwest corner ln its discretion, the Citywill periodically evaluate traffic operations of the traffic signa! and modify operations and lane geometrics as necessary. 69. Cost Participation through Payment of TUMF, and DIF for Offsite lmprovements. The developer/property owner's TUMF,and DIF payment obligations shall be considered as cost participation for Project's required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering into a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee. F. STREET STANDARDS, DEDICATIONS, AND VACATIONS 70. lmprovements - Street improvements shal! conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. 71. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved Project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the PW Director. 72. Street lmprovement Plan Profile - lmprovement plans shall be prepared based upon a design profile extending a minimum of 300 feet beyond project boundaries at grade and alignment approved by PW-Engineering Department. Page 47 of 68 Conditions of Approval Plot Plan 2016-290 11t29t2019 73. Streetlight Plan - Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW Director. 74. Streetlight Design as LS-3 Rate Lights - A1! streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 75. Public Streetlights Service Points - All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shal! coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 76. Street Name Sign - lf applicable, the developer / property owner shall install street name sign(s) in accordance with applicable City Standards or as directed by the PW-Engineering Department. 77 . Dry Utility lnstallations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with City Ordinances, or as approved by the City Engineer / PW Director. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. Prior to Bailding Permit lssuance 78. Onsite Overhead Lines within Dedicated ROW Boundaries (lF APPLICABLE) Portions of existing right of ways (ROW) within project boundaries may be proposed for vacation with the recordation of the final map phase containing the ROW. lf this situation applies to this development, then prior to recordation of the final map phases that have existing overhead lines, the developer / property owners shall coordinate the undergrounding, relocation or removal of said lines with appropriate agencies. ROWs with existing overhead lines shall not be vacated without the utilities being first removed, relocated or replaced. 79. Acceptance of Public Roadway Dedication and Improvements - Onsite easements and right-of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. Any off-site rights-of-way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Any shared access roads necessary for the adequate circulation of the proposed project, sha!! be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance. 80. Reciprocal lngress/Egress. Proposed shared onsite access road necessary for the circulation of the proposed project, shall be shown and reserved on the proposed Parcel Map 37145 as reciprocal access Page 48 of 68 Conditions of Approval Plot Plan 2016-290 11t29t2019 81 . lmprovement Bonds Prior to issuance of any construction permit, or recordation of a final map, whichever occurs first, for all required onsite and offsite public improvements, the developer / property owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completionof all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See a/so bond agreement condition under General Conditions). 82. Encroachment Permits The developer / property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. G. NPDES and WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shal! be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless othenrvise approved by the Public Works Director/City Engineer. This project is required to submit a project specific FINAL WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 83. Stormwater/Urban Runoff Management Program, MMC Ghapter 15.01. All City of Menifee requirements for NPDES and Water Quality Management Plans (WOMP) shall be met per City of Menifee Municipa! Code Chapter 15.01 for Stormwater/Urban Runoff Management Program. 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. 84. Preliminary WQMP - The development submitted a Preliminary Water Quality Management Plan (PWQMP), prepared by JLC Engineering, lnc. PW- Engineering Division has reviewed the PWQMP and has generally concurred with its findings. The developer / property owner shall be responsible for processing a final WQMP for approva! by the City prior to issuance of any grading permit. All improvements and mitigations identified in the approved Final PWQMP and according to these Conditions of Approval, shall be included in all improvement plans for review and approval by PW-Engineering. The recommendations/mitigation measures outlined in the approved Final WQMP shall be complied with. 85. Trash Enclosures Standards and Specifications - Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a. Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b. Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. Page 49 of 68 Conditions of Approval Plot Plan 2016-290 11129t2019 c. Provision of concrete slab floor, graded to collect any spil! within the enclosure. d. All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e. The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a weUdry vacuum machine. Al! 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 approva! from EIVIWD. This option requires the following: b. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c. Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. PRIOR TO GRADING PERMIT ISSUANCE: 86. Final Project Specific Water Quality Management Plan (Final WQMP) - Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shal! incorporate al! of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non- structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a. Hydrology/hydraulics report b. Soils Report that includes soil infiltration capacity 87. WQMP Maintenance Agreement - Prior to, or concurrent with the approval of the FINAL WQMP, the developer/project owner shall record Covenants, Page 50 of 68 a. The trash enclosure shall be lockable and locked when not in use with a 2- inch or Iarger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shal! be given access. This requirement may not be applicable to commercial complexes with multiple tenants. Gonditions of Approval Plot Plan 2016-290 11t29t2019 Conditions and Restrictions (CC&R's), or enter into an acceptable maintenance agreement, such as a Right of Entry Agreement, with the City to inform future propertyowners of the requirementto perpetually implementthe approved FINAL WQMP. The agreement shall also include a provision for the City to have a right of entry to the developed site to ensure post development WQMP facilities are in acceptable working conditions. PRIOR TO BUILDING PERMIT ISSUANCE 88. 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 Contro! Plan for lnland 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 al! Priority Land Use areas that will contribute storm water runoff to the City of Menifee's MS4. AII 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.qov/water issues/proorams/stormwater/trash impl ementation.shtm!), 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 othenruise 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 'SSUA NCE OF CERTIFICATE OF OCCUPANCY: 89. 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 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. 90. lnspection of BMP lnstallation - 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 lnspection 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. WASTE MANAGEMENT Page 51 of 68 Gonditions of Approval Plot Plan 2016-290 11t2912019 General Conditions 91. 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 disposa!: 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.orq/opencms/recvclvinq/recvclino and compost business.html# mandatorv 92. 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-hau! 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 Buildino Permit Issuance,' 93. 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/fagade, construction materials and signage. The plot plan shall clearly Page 52 of 68 Conditions of Approval Plot Plan 2016-290 11129t2019 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. 94. Waste Recycling PIan. 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 approva!. 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 recycllng or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. Prior to lssuance of Certificate of Occupancv 95. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shal! 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. FEES. DEPOSITS. AND OPMENT IMPACT FEES 96. Fees and Deposits: Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shal! include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees. Development lmpact Fees (DIF), and any applicable regional fees. Said fees and deposits shal! be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. COVENANTS, CONDITIONS AND RESTRICTION S Prior to Final Map Recordation 97. Maintenance Exhibit - Prior to final map recordation, the developer / property owner shal! prepare an exhibit that shows all open space Iots within the project development tract and the maintenance entity for each lot. The exhibit shal! be Page 53 of 68 Conditions of Approval Plot Plan 2016-290 11t2912019 reviewed and approved by the Community Development Department and the Public Works / Engineering Department. 98. Common Area Maintenance - Any common areas identified in the Plot Plan shall be owned and maintained as follows: a. A permanent master maintenance organization (e.g. Declarant in CC&R's) shall be established for the Plot Plan area, to assume maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (CFD) or private (e.g., Declarant or homeowners'association). Mergerwith an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city. b. The CFD is expected to maintain all parkways within the public right-of- way. Any additional areas requested for maintenance by the CFD shall be reviewed and approved by the PW-Engineering Department, and appropriate easements will be required as necessary. c. Unless othenruise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization or maintenance responsibility for the common open areas by the maintenance organization (e.g. Declarant) shall be established as implementing development is approved or any subdivision, as recorded. d. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. 99. CG&R Submittal Process and Timing - Prior to, or concurrent with any final map recordation associated with this plot plan, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following. The CC&Rs shall be recorded prior to or concurrent with the final map recordation associated with this plot plan. a. One copy and an electronic version of the declaration of CC&R's. Attached to these documents there shall be included a legal description of the property included within the CC&R's and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. b. As part of the CC&R document, exhibit(s) identifying the areas or improvements that will be maintained by the maintenance organization (e.g. Declarant or HOA, and the exhibit(s) shall be consistent with the approved exhibit. Page 54 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 c. Once approved, the developer / property owner shall provide a hard copy of the CC&R's wet-signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R's prior to any building permit. d. A deposit to pay for City Staff and Attorney time, pursuant to the City's fee schedule at the time the above-referenced documents are submitted to the Public Works / Engineering Department for review and approval by the City Attorney. Page 55 of 68 Conditions of Approval PIot Plan 2016-290 11t29t2019 Section V: Rlerside County Fire Department Gonditions of Approval Page 56 of 68 Conditions of Approval Plot Plan 2016-290 't112912019 General Conditions Gity Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 2. Changes to Conditions. Fire Conditions of Approval may change based on conditions hazardous to life, property or public welfare in the occupancy of structures or premises and fire hazards in the structure or on the premises from occupancy or operation. 3. Preliminary Gonditions. These conditions are preliminary; further review will occur upon receipt of building plans and design/occupant load (which was not provided on conceptual plans). Additional conditions may be necessary at thattime. Design and Occupant load information will assist in determining requirements for exiting and fire alarm systems. 4. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. 5. Hydrant Location. Fire Hydrants shall be located within 400' of all exterior portions of the structures without sprinkler systems, measured along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by the California Fire Code and Riverside County Fire Department 6. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department standards. 7. Water Mains. The water mains shall be capable of providing required fire flow. 8. Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible materia! placed in an individual lot. Water plan must be at the job site. 9. Address. The address shal! be posted per the Riverside County Fire Department standards and will be clearly visible from public roadway. 10. Fire Department Access. Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 1 1. Fire Apparatus Access Road Width and Vertical Clearance. Fire apparatus access roads shall have an unobstructed driving surface width of not less than 12 feet, exclusive of shoulders, and 1 foot on each side for a total 14 feet 1 Page 57 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 unobstructed horizontal clearance, with an unobstructed vertical clearance of 13 feet 6 inches. 12. Turnarounds. A turnaround shall be provided to all building sites on fire apparatus access roads over 150 feet in length, and sha!! be within 50 feet of the building. The minimum outside turning radius for a turnaround shall be 38 feet, not including parking. If a hammerhead T is used instead, the top of the "T" shall be a minimum of 80 feet in length. 13. Surface Load and Capabilities. Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [60,000 pound live Ioad (gross vehicular weight) distributed over two axlesl and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road. Prior to lssuance of Buildinq Permit 14.Fire Sprinklers. Automatic fire sprinkler systems are required and shall be installed per the CFC and NFPA 13. Sprinkler System supervision will be required. All underground fire line, fire sprinkler systems, and alarm plans must be submitted separately for approval prior to construction. Contractors should contact the Office of the Fire Marshal for submittal requirements. 15. Enhanced Sprinklers. No openings to the north perimeter of the major Market are shown on the floor plan elevations. An enhanced fire sprinkler system will be required for this portion of the structure. A fire protection engineer or C-16 licensed contractor should be consulted for assistance with this requirement due to limited to no fire access for this portion of the building 16. Access. Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (CFC 501.4) 17. Water Plans. The applicants or developer shall separately submit two (2) copies of the water system plans to the Fire Department (Menifee Office) for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing. The system shall meet the fire flow requirements. a. Plans shall be signed by a registered civil engineer b. Plans shall confirm hydrant type, location, spacing, and minimum fire flow. c. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 18. Sprinkler Riser Room. Proposed location for fire sprinkler riser room and Fire Alarm control panel shall be shown on subsequent submittals. Page 58 of 68 Conditions of Approval Plot Plan 2016-290 ',112912019 19. Final Gonditions. Final fire and life safety conditions will be addressed when the City of Menifee reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal. Prior to Final lnspection 20. Fire Lanes. The permittee shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Fire lane curbing is to be painted red and marked per Riverside County Fire Department standards. 21. Sprinkler System. Prior to issuance of Certificate of Occupancy or Building Fina!, the applicanUdeveloper shall install a fire sprinkler system that meets the requirements based on square footage and type of construction, occupancy or use and is installed per 2016 NFPA 13 and CFC Chapter 9, or subsequent ordinance. Fire sprinkler plans shall be submitted to the City of Menifee Office of the Fire Marshal for approval prior to installation. (CFC Chapter I, NFPA 13). 22. Building Address Numbers: Display street numbers in a prominent location on the address side of buildings and lor rear access if applicable. Numbers and letters shall be a minimum of 12" in height for buildings up to 25' in height. ln complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 23. Knox Rapid Entry System: Buildings and gates shall be equipped with a Knox Rapid Entry System. Contact the Riverside County Fire Department for further information. Riverside County Fire Department requires remote emergency gate openers for electrically controlled access gafes. 24. Electrical Room. Electrical room door shall be posted "ELECTRICAL ROOM" on the outside of door. 25. Roof Access. Roof Access door shall be posted "ROOF ACCESS" on the outside of door. 26. Tank Permits. Prior to issuance of Certificate of Occupancy or Building Final, the applicanUdeveloper shal! be responsible for obtaining underground and/or above ground tank permits for the storage of combustible liquids, flammable liquids, or any other hazardous materials from both the County of Riverside Community Health Agency Department of Environmental Health and the Office of the Fire Marshal. 27 . Annual lnspections. An annual fire department permit for storage, handling and use of flammable/combustible liquids as required by Section 105 of the 2016 California Fire Code will be issued for Occupancy sign off. (CFC 105) (lssued by the City of Menifee OFM). Page 59 of 68 Conditions of Approval Plot PIan 2016-290 11t29t2019 28. Materials Storage. Prior to issuance of Certificate of Occupancy, approval shall be required from the County of Riverside Community Health Agency (Department of Environmental Health) and OFM to maintain, store, use, handle materials, or conduct processes which produce conditions hazardous to life or property, and to install equipment used in connection with such activities. (CFC 105) Page 60 of 68 Conditions of Approval Plot Plan 20'16-290 't1129t2019 Section Vl : Riverside Gounty Environmental Health Gonditions of Approval Page 61 of68 Conditions of Approval Plot Plan 2016-290 11/,2U20'.t9 General Conditions 2. Removal/Abandonment of Any Existing OWTS and Wells. Any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with DEH. 3. Hazardous Materials Management Branch (HMMB). Construction plans must be reviewed and approved by the Hazardous Material Division prior to installation of underground storage tank (UST) system. Prior to building final, the owner operator of any busy that handles or stores any hazardous material/waste equal to or greater than 55 gallons of liquid, 200 cubic feet of gas, or 500 pounds of solid, and/or radioactive materials (where an emergency plan is required by Federal Law), and/or extremely hazardous substances, shall contact the Department of Environmental Health Hazardous Materials Management Branch at (951)358-5055 for requirements. 4. Local Enforcement Agency (LEA). The applicant shall contact the County of Riverside, LEA at (951) 955-8980 for any plan check and/or permitting requirements. Any persons engaged in the business or performance of tattooing, body piercing, branding and the application of permanent cosmetics as defined in Health and Safety Code 1 19300 et sec. must obtain approval from the Riverside County Department of Environmenta! Health LEA. Contact the County of Riverside LEA at (951)955-8980 for any plan check and/or perm itting requirements. 5. District Environmental Services (DES) - Food Facility. Prior to issuance of any Building and Safety permit(s) or operation of any food facility, plans will require review by DES to ensure compliance with applicable California Health and Safety Codes. An annual operating permit for the food facility will be required. Please contact the Hemet DES office at (951)766-2824. 6. District Environmental Services (DES) - Pool. Prior to issuance of Building and Safety permit, the pool plans will be reviewed by DES to ensure compliance with applicable California Health and Safety Code. An annual operating permit for the pool will be required. Please contact the Hemet DES office at (951)766- 2824. Page 62 of 68 1. Potable Water and Sanitary Sewer Service. A "General Condition" shal! be placed on the project indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). lt is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. Conditions of Approval Plot Plan 2016-290 1112912019 Page 63 of 68 Conditions of Approval Plot Plan 2016-290 11t29t2019 End of Conditions 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. S ig ned Date Name (please print)Title (please print) Page 64 of 68 NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influencc area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). lndividual sensitivities to those annoyances [can vary from person to person. You may wish to consider what airport annoyances], if any, arc associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b) (13XA) r!o sg39r9N-*3= e-H3 o) {t s.Pt€ d ql- !o(oo C')(Jl o o)@ Gonditions of Approval Plot Plan 2016-290 11129120',t9 AGREEMENT TO INDEMNIFY AND HOLD HARMLESS This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into, effective as of December I I ,2019,by and between the CITY OF MENIFEE, a municipal corporation, on the one hand, ("City"), and VSK Investments, LLC. a California limited liability company, ("Indemnitor" or "Indemnitors"), on the other. The City and Indemnitor(s) are herein referred to collectively as the "Parties" and individually as a "Party." RECITALS Whereas, Applicant has applied to the City for various discretionary approvals including a project for the development of the "On-Deck" commercial center consisting of a hotel, fueling facility and restaurants (the "Project") on 4.89 acres of property located on the northwest corner of Highway 74 and Trumble Road. (the "Property"); and Whereas, in connection with the consideration of the above-mentioned discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will, indemnify and hold the City harmless from any challenges arising from or related to the discretionary approvals, the Property or the Project as more fully set forth in this Agreement. NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions, covenants, and agreements contained herein, the Parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are an integral part of this Agreement, and are fully incorporated herein. 2. Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants (which may include the County of Riverside and its employees, officers, officials, and agents), and agents (herein, collectively, the "lndemnitees") 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 (i) the City's approval of the Project or actions related to the Property, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the Project, any condition of approval imposed by the City on such permit or approval, and any finding or determination made and any other action taken by any of the Indemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the Page 66 of 68 AGREEMENT Conditions of Approval Plot Plan 2016-290 1112912019 acts, omissions, or operations of the Indemnitor(s) and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor(s) with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. The City shall notify the Indemnitor(s) of any claim, lawsuit, or other judicial or administrative proceeding (herein, an "Action") within the scope of this indemnity obligation and request that the Indemnitor(s) defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor(s) fails to so defend the Action, the City shall have the right but not the obligation to do so with counsel of their own choosing, with no right of approval by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City's full cost thereof, with payments made at least on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City. This Agreement shall survive any final action on the Project, and shall survive and be independent of any Project approvals, even if such Project approvals are invalidated in whole or part. 3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the City and Indemnitor(s) with respect to the subject matter set forth herein and supersedes any prior discussions, negotiations, and agreements with respect thereto. This Agreement may be amended or modified only by a written agreement executed by both Parties. No waiver of any of the terms of this Agreement shall be effective or binding unless in writing and executed by an authorized representative of the Party waiving its rights hereunder. 4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. ..CITY" Dated:2019 CITY OF MENIFEE, a California Municipal Corporation By: Its: Page 67 of 68 Conditions of Approval Plot Plan 2016-290 1112912019 APPROVED AS TO RUTAN & TUCKER, LLP FORM Attorneys for the City of Menifee Dated: ,2019 Dated 2019 ..INDEMNITOR" VSK Investments, LLC. By: Print Name: Its Manager/Managing Member VSK Investments, LLC. By: Print Name: Page 68 of 68