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PC19-478RESOLUTION NO. PC 19.478 A RESOLUTION OF THE PLANNING GOMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 37145 (2016-291) TO SUBDTVTDE 5.01 GROSS ACRES (4.89 NET ACRES) rNTo FOUR (4) PARCELS LOCATED AT THE NORTHWEST CORNER OF TRUMBLE ROAD AND HIGHWAY 74 IN THE CITY OF MENIFEE (APN',S 329-020-009 AND 329-020-0221 WHEREAS, on December 20, 2016 the applicant, VSK lnvestments, LLC, filed a formal application with the City of Menifee for Tentative Parcel Map No. 371 45 (2016- 091) to subdivide approximately 5.01 gross acres (4.89 acres) into a four (4) parcels located at the northwest corner of Trumble Road and Highway 74; and, WHEREAS, on December 11 , 2019, the City of Menifee Planning Commission, held a Public Hearing on the Project, considered all public testimony as well as materials in the staff report and accompanying documents for Tentative Parcel Map No. 37145 (Planning Application 2016-291), which hearing was publicly noticed by a publication in The Press Enferprise (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:Consistency with the General Plan. The tentative parcel map is consisfent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The Project site as well as the parcels to the north, east (beyond Trumble Road) and south (beyond Highway 74) are designated Economic Development Corridor per the City of Menifee's General Plan, whereas, the property to the west is designated Right-of-Way associated with lnterstate 215. The Project, a subdivision for a commercia! retai! center, is consistent with the Economic Development Corridor General Plan 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. Section 2:Consistency with the Zoning Code. The Tentative Parcel Map is consisfe nt with the zone designation map, and applicable development standards within the zone designation: The map has been analyzed for consistency with the Economic Development Corridor Northern Gateway (EDC-NG), zoning designation. As prescribed by Section 9.28.110 of the City's zoning code, Page 1 of 4 Section 4: a minimum lot area of 15,000 square feet with a minimum width and depth of 100 and 1 50 feet, respectively. The proposed parcels range in area from 0.58 to 1.94 acres with each exceeding the minimum width and depth of 100 and 150 feet, respectively. As such the proposed subdivisionis consistent with the Economic Development Corridor Northern Gateway designation. Furthermore, per the City's Municipa! Code (Chapter 9.28) each of the proposed uses is allowed with approval of a plot plan and conditional use permits applications. The Project and the properties situated to the north, east, south and west of the project site share the same General Plan and zoning designation of Economic Development Corridor (EDC) and Economic Devetopment Corridor (EDC) Northern Gateway, respectively. Furthermore, the properties situated to the north, west (beyond lnterstate 215) and south (beyond Highway 74) are developed with light industrial/manufacturing enterprises, whereas the properties to the east are primarily vacant with the northeast corner of Trumble Road and Highway 74 developed withfueling facility and convenience store. The Project site zoning classification of Economic Development Corridor is compatible with surrounding uses as this zoning classification allows for a variety of commercial uses that augment and support the land uses in the vicinity of the Project, as such, the Project is consistent with the Zoning Code. Consisfe ncy with Ordinance No. 460 Regulating the Division of Land. The tentative parcel map is a Schedule "E" subdivision of approximately 5.01 gross acres (4.89 net acres) into four (4) parcels. A Schedule "E" parcel map is defined as any division of land into two (2) or more parcels in commercial or industrial zones, regardless of parcel size. Staff has reviewed and conditioned the subdivision for consistency with requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrica! communication facilities. The subdivision is consistent with the Schedule "E" map requirements of Ordinance No. 460. The sife is physically suitable for the type of development and the proposed land use of the development. The Project is for a subdivision of land; however, entitlement applications for the development of a commercial center have also been submitted and are being processed concurrent with the subdivision application. The subject site is relatively flat and does not contain steep slopes, water courses, or other features that would be incompatible with the proposed development. The site is bounded by Highway 74 and Trumble Road to the south and east, industrial enterprises to the north and Right-Of-Way associated with lnterstate 215 to the west. The surrounding area is also relatively flat. Therefore, the site is considered physically suitable for the type of development and the proposed land use of the site. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or Section 5: Page 2 of 4 Section 3: injurious to or incompatible with other properties or land uses in the project vicinity. The Project will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. The Project is for a subdivision of land; however, entitlement applications for the commercial center have also been submitted and are being processed concurrently with the subdivision application. The Project has been reviewed and conditioned by the City of Menifee Planning, Engineering, Police, and Fire Departments to ensure that it will not create conditions materially detrimental to the surrounding uses. ln addition, environmental impacts resulting from the Project have been analyzed in an lnitia! Study/Mitigated Negative Declaration (|S/MND). The IS/MND determined that potential impacts, would all be less than significant with the necessary mitigation incorporated. Therefore, the proposed subdivision 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 6:Compliance with CEQA. Processing and approval of the tentative parcel map 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 al! mitigation measures that will be required for the Project. BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby approves Tentative Parce! Map No. 2016-291 subject to the following: The Findings set out above are true and correct. Tentative Parcel Map No. 37145 is hereby approved subject to the Conditions of Approval set forth in Exhibit "1" to this Resolution; and 1 2 Page 3 of 4 PASSED, APPROVED AND ADOPTED this the 11th day of ber, 2019 Robe Attest: uty City Clerk Ap as to form: a Thai Phan, Deputy Gity Attorney Page 4 of 4 n STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certifythat the foregoing Planning Commission Resolution No. PC19-478 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, KanvinNoes: None Absent: NoneAbstain: None nie Roseen, Deputy City Clerk ) )ss ) .haEN I FEEIHffijr, O6 \ EXHIBIT 131" CONDITIONS OF APPROVAL Planning Application No.: Tentative Parcel Map No. 201 6-291 (TPM37145) Project Description: Tentative Parcel Map No. (PM) 2016- 291 proposes a Schedule "E" subdivision of 5.01 gross/4.89 net acres into four (4) commercial parcels. The parcels range in size from 0.58 acres to 1.94 acres. Two companion applications are being processed concurrently with Plot Plan 2016-290. Plot Plan No (PP) 2016-290 "On Deck Center" proposes the development of 4.89 acres with a commercial center with a foot print of 29,449 sq. ft. 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 Conditional Use Permit 2019-082 is being processed to allow for the gas station with mini- marUconvenience 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. a a Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: 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. 329 -020 -022, 329 -020- 00 I Commercia! Commercial/Retai! Retail - Service Station (Applicant should contact WRCOG to determine fee category) N/A December 11,2019 December 11,2022 Page 1 of 44 1 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 Within 48 Hours of the Approva! of This Project Filinq Notice of Determination (ND/MND). The applicanUdeveloper shal! deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Three Hundred Thirty Dollars and Seventy-Five Cents ($2,330.75) which includes the Two Thousand Two Hundred Eighty Dollars and Seventy-Five Cents ($2,280.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($SO.OO1 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 shal! not be operative, vested or fina! and local government permits for the project shall not be valid until the filling fees required are paid. lndemnification.Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without !imitation 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 applicanUdeveloper 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 2 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 37145) 11t29t2019 Section l: Conditions applicable to AII Departments Section II: Gommunity Development Conditions of Approval Section lll: Engineering/Grading/Transportation Gonditions of Approva! Section lV: Riverside County Fire Department Gonditions of Approva! Page 3 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 Section l: Gonditions Ap plicable to all Departments Page 4 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 37624 shall be henceforth defined as follows: TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No.2016-091 (PM 37145), dated Septem b er 12, 2019, (TPM371 45) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. 90 Days. The developer/owner has 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 the approval or conditional approval of this project. 3. Newly lncorporated City. 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, Permitee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permitee 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. 4. Comply with Ordinance 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the conditions listed herein. 5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Planning Commission's original approval date, unless extended as provided by Ordinance No. 460 or state law. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. lf the TENTATIVE MAP expires before the recordation of the final phase the LMS no further FINAL MAP recordation shall be permitted. Page 5 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t2912019 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Mitigation Monitoring PIan. The developer shall comply with the mitigation monitoring plan prepared for the project. 8. No Grading or Building Permits. Planning Application 2016-091 Tentative Parcel Map (PM37145) is for a Schedule E subdivision. No grading or building permits shall be issued pursuant to this subdivision. Conditions pertaining to grading and building permits shall referto the PLOT PLAN (Plot Plan No. 2016- 2e0). Page 6 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 Section Il: Gommunitv Develo pment Department Conditions of Approval Page 7 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 General Conditions 9. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 10. 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. 1 1. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 12. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this parcel map as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 13. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers wil! be allowed to be stored outside unless first reviewed and approved by the Community Development Department. 14. Airport lnfluence Area. The project site is located within an Airport Influence Area. Therefore, the following conditions apply (Per General Plan lmplementation 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. ARCHEOLOGY 15. Human Remains. lf human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shal! occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. 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. 16. Non-Disclosure of Location Reburials. !t is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Page 8 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 17 . lnadvertent Archeological Find. lf during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeologica! report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). a. AII ground disturbance activities within 100 feet of the discovered cultura! 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. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. c. 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. d. 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. e. Pursuant to 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 archaeologica! or cultural resources, these issues wil! 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 accountthe cultura! and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decrsion of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." Page 9 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 18. Gultural 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: 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-!n-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 shall 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 shal! 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. 19. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shal! be ceased in the area of where the fossil 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. 4) Paleontological monitoring of earthmoving activities wil! continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas Page 10 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 of the project arca 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 fossil collection, where they wil! be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by q ual ified scientific i nvestigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 20. lnterim Landscaping. Graded but undeveloped Iand 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). 21.Ytable Landscaping. Al! 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. 22. Landscape Plans. All landscaping plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance (MMC 15.04) and the Park Design, Landscaping and Tree Preservation Ordinance (MMC 9.86). Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. Page 11 of 44 Conditions of Approval Tentative Parcel Map 2016-29'l (TPM 371451 11129t2019 FEES 23. Maintenance of Landscaping. AII private landscaping shall be maintained by a property owners association or individua! property owner. All Iandscaping, 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. 24. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to fina! map, 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 Final Map 25. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article ]X of Ordinance No. 460. 26. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 27. Reciprocal Access. Prior to map recordation, reciprocal access shall be established across all lots for appropriate on-site circulation, access for the project site and to allow shared parking across parcels. 29. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night Iighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance." 30. ECS Mitigation Monitoring Plan. The following Environmental Constraints Note shall be placed on the ECS Page 1l2 of 44 28. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordancewith Section2.2. E. & F. of Ordinance No.460, which shall be submitted as part of the plan check review of the FINAL MAP. Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 37145) 1112912019 "This property is subject to the Mitigation Monitoring and Reporting PIan adopted as part of the Mitigated Negative Declaration for the Project on file with the Community Development Department." 31. ECS Note of Airport in Vicinity. The following Environmental Constraints Note shall be placed on the ECS: "This property is presently located in the vicinity of an airport, within what is known as an airport influence 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)." 32. Survey Ghecklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. The total number of parcels on the final map shall be 4. 33. Gommon Area Maintenance. PRIOR TO MAP RECORDATION, the following procedures for common area maintenance procedures shall be complied with: a) A permanent master maintenance organization shall be established for the project area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public or private. Merger with an area-wide or regional organization shal! satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. lf the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. b) Unless othenrvise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision as recorded. c) The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. RECORDATION OF FINAL MAP FEES 34. Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so,any unpaid fees shall be paid by the developer/owner and/or the deve loper/owner's successor-i n-i nterest. Page 13 ol 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 't1/,2912019 Section lll: E nq i neeri nq lT ran sportatio nl Grading Gonditions of Approval Page 14 of 44 Conditions of Approva! Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 The following are the Public Works (Pw)-Engineering Department Conditions of Approval for this development, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the PW Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. General Conditions This parcel map application is concurrently being processed with the Plot Plan application No. PP2016-290, which has its own set of Conditions of Approva!. The conditions for this parcel map application shall be satisfied in concurrence with the Conditions of Approval for the proposed plot plan under PP2016-290. Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act and the City-adopted County Ordinance 460. 2. Proposed Parcel Map - The property owner is proposing to develop a four (4) parcel map subdivision: Parcel 1, Parcel 2, Parcel 3, and Parcel 4. The developer is not developing in phases. 3. Bonds Prior to Final Map Recordation - Prior to final map recordation, bonding will be required for all required offsite and frontage improvements. Prior to receiving the Certificate of Occupancy for any of the proposed parcels, all required improvements must be constructed. lf parcels are sold separately, bonds may be substituted by the new underlying owners. 4. Guarantee for Required Grading lmprovements Prior to grading permit issuance, financial security shall be provided to guarantee required grading improvements. The City Engineer / PW Director may require the dedication and construction of necessary utilities, streets or other improvements outside the area of the project if the improvements are needed for circulation, parking and access, or for the welfare and safety of future occupants of the development. 5. Bond Agreements and lmprovement Security - To guarantee the construction of all required improvements, the developer / property owner shall enter into security agreements and post bonds in accordance with applicable City policies and ordinances. The improvements shal! include, but not limited to, the following: onsite, offsite grading, street improvements, street lights, traffic signals, signing and striping, water / sewer I recycled water improvements, water quality Best Management Practices (BMPs), and storm drainage facilities. 6. Existing Easements - The final parcel map shall correctly show al! existing easements. Any existing easements not shown on the fina! parcel map shall be Quit Claimed by the easement holder and removed from the Title Report accordingly. 1 Page 15 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 7. Engineered Plans - All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 8. Plan Check Submittals - 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. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a "flash" drive or "thumb" drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions.shp,.shx and.dbfl or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 9. PIan Approvals - AII required improvement plans and grading plans must be approved by the Public Works / Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the Public Works Director / City Engineer. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 10. As-Built Plans - Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as-built all project plans, and submit project base lrne of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). lf the required files are unavailable, the developer / property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer. 1 1 . 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 Iimits 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 Saturday, except on nationally recognized holidays in accordance with Municipa! Code Section 8.01 .010. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. Page 16 ot 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. ln addition, the Public Works Director / City Engineer or the Building Officia! may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. (d) A Pre-Construction meeting is mandatory with the City's Public Works Senior Inspector prior to start of any construction activities for this site. 12. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with current City ordinances, or as approved by the Public Works Director / City Engineer. This applies also to existing overhead !ines which are 33.6 kilovolts (kV) or below along the project frontage and within the project boundaries. ln cases where 33.6kV or below Iines are collocated with high voltage lines (for example, 1 15kV), the low voltage lines shal! stil! be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. Prior to Final Map 13. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with the Applicable City Ordinance.. 14. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 15. Reciprocal Access. Prior to map recordation, reciprocal access shall be established across all parcels for appropriate on-site circulation, access to and from Trumble Road, and to allow shared parking across parcels. 16. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shal! be submitted as part of the plan check review of the FINAL MAP. 17. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. Page 17 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by the applicable City Ordinance. C. The total number of parcels on the final map shall be 4 B. GRADING 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. Prior to Grading Permit 18. Geotechnical Report - A Geotechnical Engineering lnvestigation was prepared and submitted to the City. The Geotechnical Engineering lnvestigation was reviewed in conformance with the Iatest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports and was approved by the City. Priorto issuance of any grading permit, two copies of the City-approved Geotechnical Engineering lnvestigation shall be submitted to the PW-Engineering Department. The developer / property owner shall comply with the recommendations of the report, and City standards and specifications. Al! grading shall be done in conformance with the recommendations of the approved Geotechnical Engineering !nvestigation, and under the general direction of a licensed geotechnical engineer.. 19. Grading Permit for Clearing and Grubbing - A grading permit is required from the PW-Engineering Department prior to any clearing, grubbing, or any topsoil disturbances related to construction grading activities. 20. Erosion Gontro! Plans - All required grading plans shall require erosion control plans. Graded but undeveloped land shall provide, in addition to erosion contro! measures, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) Construction General Permit (CGP). Additional erosion protection may be required during or before an anticipated rain event. 21. Compliance with NPDES General Construction Permit - The developer / property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) CGP from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a CGP from the SWRCB. Proof of filing a Notice of lntent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a CGP, contact the SWRCB. Page 18 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 22. 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. 23. SWPPP for lnactive Sites - The developer / property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed. 24.lmport / Export - Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import / export locations from the PW-Engineering Department. For projects importing soil, if the source locations for proposed import were not previously approved with an Environmental Site Assessment (ESA) that includes an assessment of the property of soil being imported, a Soils ReporUGeotechnical Report for the soil being imported shall be submitted for review and approval by the PW-Engineering Department prior to issuance of any grading permit. A haul route must be submitted for approva! by the PW-Engineering department prior to grading operations. 25. Gross Lot Drainage - 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 shal! collect and convey on-site drainage towards SR-74, or an alternative design approved by the Engineering Department. DESIGN GUIDELINES: 26. Slope Landscaping and lrrigation - All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per applicable City ordinances. Drip irrigation shall be used for all irrigated slopes. 27. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered Iandscape architect, and bonded per applicable City ordinances. 28. Temporary Erosion Control Measures - shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the PW- Engineering Department for review and approva!. 29. Dust Control - During actual grading, all necessary measures to control dust shall be implemented by the developer / property owner in accordance with Air Quality Page 19 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 37145) 1112912019 Management District (AOMD) requirements. A watering device shall be present and in use at the project site during all grading operations. 30. Use of Maximum and Minimum Grade Criteria -Actua! 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 wi!! need to be removed and replaced at the expense of the developer / property owner. 31. Written Permission for Grading: Written permission shal! be obtained from the affected property owners allowing the proposed grading and / or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the PW-Engineering Department for review and approval. Prior to Buildins Permit 32. No Building Permit without Grading Permit - Prior to issuance of any building permit, the developer / property owner shall obtain a grading permit and / or approval to construct from the PW-Engineering Department. 33. Final Rough Grading Gonditions - Prior to issuance of each building permit, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms, and shall be submitted to the PW-Engineering Department for verification and acceptance. 34. Conformance to Elevations / Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical / soils report. Prior to lssuance of Certificate of Occupancv 35. Final Grade Gertification - The developer / property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped fina! grade certification on City approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the PW- Engineering Department for verification and acceptance. 36. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Page 20 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 C. DRAINAGE Genera! Conditions 37. ADP Fees: The proposed development is located within the bounds of the Homeland / Romoland ADP for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. The fee due wil! be based on the fee in effect at the time of payment. The fee shall be paid in the form of cashier's check or money order only. The Public Works /Engineering Department will not accept personal or company checks. 38. 10 YR Curb - 100 YR ROW: The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shal! be graded to drain to the adjacent street or an adequate outlet. 39. 100 YR Sump Outlet: Drainage facilities outletting in sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 41. BMP - Energy Dissipators: Energy Dissipators, such as rip-rap, shal! be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shal! be designed to minimize the amount of erosion downstream of the storm drain outlet. 42. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. Prior to Gradinq Permit Issuance 43. Perpetua! Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shal! be submitted to the PW-Engineering Department for review. Page 21 of 44 40. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows.A copy of the recorded drainage easement shall be submitted to the PW- Engineering Department for review. Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t2912019 44. Protection of Downstream Properties - The developer / property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities and securing necessary drainage easements. 45. Drainage Study - The developer / property owner submitted a Preliminary Drainage Study, prepared by JLC Engineering, dated August 10, 2018. The PW- Engineering Department has reviewed the Preliminary Drainage Study, and has granted conditional approval. The developer/owner shall submit a Final Drainage Study for approval prior to lssuance of a grading permit. Prior to Buildinq Permit lssuance 46. Offsite Easements or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the PW-Engineering Department prior to recordation of the final map. lf the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 4T.Written Permission for Grading: Written permission shall be obtained from the affected property owners allowing the proposed grading and / or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the PW-Engineering Department for review and approva!. D. WASTE MANAGEMENT 48. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: (a) Source separate recyclable and/or compostable material from solid waste and donate or self-haul the materia! 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/recvclvi nq/recvclino and comoost business.htm!#m andatorv 49. 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 Page 22 of 44 Gonditions of Approval Tentative Parce! Map 2016-291 (TPM 371451 1112912019 requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in orderto divert organic waste from disposal: (a) Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. (b) Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. (c) Consider xeriscaping and using drought toleranUlow maintenance vegetation in all landscaped areas of the project. As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1)or more cubic yards of organic waste per week. Additionally, as of January 1,2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development may be subject to this requirement. Prior to Final Map: 50. Recyclables Gollection 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 lfagade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 51. Waste Recycling Plan. Prior to the issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the Public Works / Engineering Department for review and approval. The WRP should include, as a minimum, the following information : a. The waste materials (i.e., concrete, asphalt, wood, etc.) that will be generated by the construction activity associated with this development and the projected amounts of each material. b. The measures / methods that will be taken to recycle, reuse, and / or reduce the amount of waste materials generated. c. The facilities and / or haulers that will be utilized. d. The targeted recycling or reduction rate. During project construction, the project site shall have, as 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 Page 23 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 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 Public Works / Engineering Department can provide assistance in preparing the WRP if requested. 52. 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 fo lssua nce of Certificate of OccuDencv: 53. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS 54. 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 Apri! 2, 2018 prepared by Urban Crossroads. PW-Engineering - Traffic Engineering Division has reviewed the TIA and has concurred with its findings. The developer / property owner shall be responsible for all improvements, such as but not limited to; right-of-way frontage improvements, traffic signal construction or mitigation, fair share fees, required or identified in the approved traffic study and according to these Conditions of Approval. All required improvements identified in the study shall be included in all improvement plans for review and approval by 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 Final Map 55. Signing and Striping Plan. Prior to issuance of a building permit, any necessary signing and striping plan shal! be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 56. Driveway Geometrics. Final driveway geometrics may be modified in final engineering as approved bythe 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. Page 24 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 't1129t2019 57. 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. 58. 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 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. 59. Traffic Signal Timing PIans. 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. 60. lntersection Geometrics. All temporarylfinal intersection geometrics may be modified in fina! engineering as approved by the PW Director. 61. 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 Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shal! 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 fo!lowing: 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. 62. TUMF lmprovement and Credit Agreement - ln order to obtain credit for constructing 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 approval and City Counci! action, prior to issuance of a building permit. Page 25 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 Prior to lssuance of Certificate of Occupancv 63. Site Adjacent Roadway lmprovements. lt is noted that both Trumble Road and SR-74 are constructed at their 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. 64. 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. 65. 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. 25-foot curb radius on the northwest corner b. 20-foot curb radius on the southwest corner 66. 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 cornerb. 30-foot curb radius on the southwest corner ln its discretion, the City will periodically evaluate traffic operations of the traffic signal and modify operations and lane geometrics as necessary. 67. 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. E. STREET STANDARDS, DEDICATIONS, AND VACATIONS 68. lmprovements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. Page 26 of 44 Conditions of Approval Tentative Parcel Map 2016-29'l (TPM 371451 11t29t2019 69. Soils and Pavement Report - Street pavement structura! 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. 70. 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. 71. 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. 72. Streetlight Design as LS-3 Rate Lights - All streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 73. Public Streetlights Service Points - AII proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 74. 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-Eng i neeri ng Department. 75. 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 Final Map 76. 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. 77. Acceptance of Public Roadway Dedication and lmprovements 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 Page 27 of 44 Gonditions of Approva! Tentative Parcel Map 2016-29'l (TPM 371451 11t29t2019 name of the public if not already accepted. Proposed shared onsite access road necessary for the circulation of the proposed project, shal! be shown and reserved on the proposed Parce! Map 37145 as reciprocal access 78. lmprovement Bonds - Prior to issuance of any construction permit, or recordation of a final ffiap, 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 completion 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 Conditions). 79. 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. F. WATER, SEWER, AND REGYCLED WATER 80. Meet Minimum Standards - All water, sewer and recycled water improvements shall be designed per the Eastern Municipal Water District (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. 81. Utility lmprovement Plans Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the PW- Engineering Department and EMWD. 82. Onsite and Offsite Sewer, Water and Recycled Water lmprovements - All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to final map recordation. G. NPDES AND WQMP AII City of Menifee requirements for NPDES and Water Quality Management Plans (WOMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater / Urban Runoff Management Program unless othenruise approved by the Public Works Director/City Engineer. This project is required to submit a project specific FINALWQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 83. 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 28 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfal! 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. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 84. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for 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 all Priority Land Use areas that will contribute storm water runoff to the City of Menifee's MS4. All trash full capture devices shall be listed on the State Board's current list of certified fullcapture devices posted on their website (https://unryw.waterboards.ca.qov/water issues/proqrams/stormwater/trash imple mentation.shtml), or othenryise 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 othenrvise 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, shal! be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. Page 29 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11129120'.t9 Prior to lssuance of Grading Permit 85. Final Project Specific Water Quality Management Plan (Final WQMP): A Preliminary WQMP, prepared by JLC Engineering & Consulting, dated May 29, 2019, and was approved by the PW-Engineering Department. Prior to issuance of a grading permit, a FINAL project specificWQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Fina! construction plans shal! incorporate all of the structura! 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 shal! be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at a minimum, the following reports / studies: a) Final Drainage Study b) Soils Report that includes soil infiltration capacity Final constructron plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 86. Revising The Final WQMP: ln the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW-Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shal! be collected from the applicant to pay for reviewing the substantially revised WQMP. 87. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R's), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to lssuance of Certificate of Occupancv 88. lmplement Project Specific WQMP: All structural BMPs described in the project- specific WQMP shall be constructed and operational in conformance with approved plans and specifications. lt shall be demonstrated that the developer / property owner is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. Page 30 of 44 89. WQMP / BMP Education: Prior to issuance of any Certificate of Occupancy, the developer / property owner shall provide the City proof of notification to future occupants, of all BMPs and educationa! and training requirements for said BMPs as directed in the approved WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized affidavit. The developer must provide to the PW-Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. NPDES Public Educational Program materials may be obtained from the Riverside County Flood Control and Water Conservation District (District) - NPDES Section by accessing the District's website at www.floodcontrol.co.riverside.ca.us. H. CTTYWTDE COMMUNTTY FACTLTTTES MATNTENANCE DTSTRICT (CFD) Prior to Recordation of Final Map 90. Annexation to the Citywide Community Facilities District (GFD) - Prior to fina! map recordation, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. !f the developer / property owner does not record a final map, but instead does a Plot Plan, then the annexation shall be completed prior to the issuance of the Building Permit. Prior to Final Map 91 . CFD Annexation Agreement - ln the event timing for this development's schedule prevents the developer / property owner from complying with the conditions of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the final map recordation,, but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council priorto final map recordation, or prior to Building Permit lssuance if no final map is being processed. 92. Landscape Improvement Plans for CFD Maintenance Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Page 3'l of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1112912019 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 93. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public's right-of-way, shal! be landscaped and irrigated per City standards and guidelines. 94. CFD Landscape Guidelines and lmprovement Plans All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 95. Maintenance of GFD Accepted Facilities - All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 96. Fees and Deposits - Prior to approval of any grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees and deposits applicable to this development including TUMF and RBBD fees as applicable. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 32 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 37'1451 11129t20',,9 Section lV: Riverside Gounty Erre DePartment Gonditions of Approval Page 33 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 37145) 1112912019 General Conditions 2. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 3. Changes to Conditions. Fire Conditions of Approval may change based on conditions hazardous to Iife, 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. 4. Preliminary Conditions. These conditions are preliminary; further review will occur upon receipt of building plans and design/occupant load (which was not provided on conceptua! plans). Additional conditions may be necessary at thattime. Design and Occupant load information will assist in determining requirements for exiting and fire alarm systems. 5. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. 6. 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 7. 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. 8. Water Mains. The water mains shall be capable of providing required fire flow L 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 material placed in an individua! !ot. Water plan must be at the job site. 10. Address. The address shall be posted per the Riverside County Fire Department standards and wil! be clearly visible from public roadway. 1 1 . 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. 12. Ftre 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 unobstructed horizonta! clearance, with an unobstructed vertical clearance of 13 feet 6 inches. Page 34 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 13. Turnarounds. A turnaround shall be provided to al! building sites on fire apparatus access roads over 150 feet in length, and shall be within 50 feet of the building. The minimum outside turning radius for a turnaround shal! be 38 feet, not including parking. lf a hammerhead T is used instead, the top of the "T" shall be a minimum of 80 feet in length. 14. Surface Load and Capabilities. Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [60,000 pound live load (gross vehicular weight) distributed over two axlesl and shall be surfaced so as to provide al!-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 15. 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. 16. Enhanced Sprinklers. 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 17. 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) 18. 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 engineerb. 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 shal! be presented to the Fire Department for review and approval. 19. Sprinkler Riser Room. Proposed location for fire sprinkler riser room and Fire Alarm control panel shall be shown on subsequent submittals. 20. Final Conditions. 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. Page 35 of 44 Gonditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 '1112912019 Priol to Final lnspection 21. Fire Lanes. The permittee shall prepare and submit to the Fire Department for approva!, 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. 22. Sprinkler System. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system that meets the requirements based on square footage and type of construction, occupancy or use and is installed per2016 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 9, NFPA 13). 23. Building Address Numbers: Display street numbers in a prominent location on the address side of buildings and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for buildings up to 25' in height. 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. 24. 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. 25. Electrical Room. Electrical room door shall be posted "ELECTRICAL ROOM" on the outside of door. 26. Roof Access. Roof Access door shall be posted "ROOF ACCESS" on the outside of door. 27.Tank Permits. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall 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. 28. 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). 29. 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 36 of 44 Conditions of Approval Tentative Parcel Map 20'16-291 (TPM 371451 11129t2019 Section V: Riverside County Environmental Health Conditions of Approval Page 37 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11t29t2019 General Conditions 30. Potable Water and Sanitary Sewer Service. A "General Condition" shall be placed on the prolect indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). !t 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. 31. 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. 32. Hazardous Materials Management Branch (HMMB). Construction plans must be reviewed and approved by the Hazardous Materia! 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. 33. LOCAL ENFORCEMENT AGENCY (LEA). The applicant shall contact the Countyof 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 Environmental Health LEA. Contact the County of Riverside LEA at (951)955-8980 for any plan check and/or permitting requirements. 34. DISTRICT ENVIRONMENTAL SERVICES (DES). Prior to issuance of any Building and Safety permit(s) or operation of any food facility, plans will require review by DES to ensure compliance with applicable California Health and Safety Codes. An annua! operating permit for the food facility will be required. Please contact the Hemet DES office at (951)766-2824. Page 38 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 37145) 1112912019 Page 39 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 1',U2912019 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. Signed Date Name (please print)Title (please print) Page 40 of 44 ?t lo l? a6ed zo {Io s3Q;ZD - - =4on { Iz *E 1 HsE [3; E Eg3Pilfla"{gEqrr '-d E 3 g I H '- x + q 3EtiIilIqlTtr$E 1qillggg ili;ql'E [a 6 4 = @ ofde:+-=?6--Y?=V rEE i a€ ? = {== O f -+X -' Z' 6 = \r/ (2 r3, +;3E *E.;E i aglr=ql3:EEs ktEE; aq6 3 = lJ sHI+srgn;giJ88il5"Fil3]E AE Se E r.{.= c:ili;ain*1=3 6t0zl67,ltt GVttt, naf) !62-9lOZ deUU lacred o^llelual lenorddy lo suolllpuoC Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11129t2019 AGREEMENT TO INDEMNIFY AND HOLD HARMLESS This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into, effective as of December 1l ,2019,by andbetween the CITY OF MENIFEE, a municipal corporation, on the one hand, ("City"), and VSK Investments, LLC. a California limited liability company, ("Indemnitor" or "lndemnitors"), 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. 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 "Indemnitees") 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 42 of 44 Gonditions of Approval Tentative Parce! Map 2016-291 (TPM 371451 11129t2019 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 43 of 44 Conditions of Approval Tentative Parcel Map 2016-291 (TPM 371451 11129120'.t9 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 44 of 44