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PC20-480RESOLUTION NO. PC 20.480 A RESOLUTION OF THE PLANNING GOMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 2018-189 FOR BAKER MEDICAL BUILDING LOCATED ON THE NORTH SIDE OF NEWPORT ROAD, WEST OF BRADLEY ROAD, AND EAST OF WTNTER HAWK ROAD (ApN 338-170-028) WHEREAS, on August 2, 2018, the applicant, Dr. Bruce Baker, filed a formal application with the City of Menifee for the approval of a Plot Plan for the construction and operation of a5,417 sq.ft.,3-story medical office building on 0.65 gross acres; and WHEREAS, on January 22, 2020, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as wel! as al! materials in the staff report and accompanying documents for Plot Plan No. 2018-189, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 600-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: Consistency with General Plan The General Plan land use and zoning classification of the site is Economic Development Corridor Newport Road (EDC-NR). The intent of the designation is to provide neighborhood-oriented commercial, office and institutional uses that support residential communities and development near this major traffic corridor. The district includes the adjacent Bradley Road traffic corridor. The Bradley Road corridor features limited business park and office style services, as wel! as residential uses. The Newport Road District facilitates convenience shopping and ready access to personal services such as the proposed medical office building. Business and government office services located along these corridors serve the local neighborhoods and the community. The commercial locations are designed to be compatible with the surrounding residential district(s). ln addition, the project is consistent with the following City of lvlenifee General Plan policies: LU-2: Thriving Economic Development Corridors that accommodate a mix of nonresidential and residential uses that generate activity and economic vitality in the city. The Project will be medica! offices located adjacent to the Newport Shopping center. Other types of uses surrounding the property site are a Section 1. Consisfency with the General Plan. The Plot Plan is consistent with the General Plan Land Use Map, and applicable General Plan objectives, policies, and programs: Resolution PIot Plan No. 2018-189 January 22,2020 a a eating establishments, schools and churches. LU-2.1: lt is important that infill development complement existing neighborhoods and surrounding areas. lnfill development and future growth in Menifee is strongly encouraged to locate within the EDC areas to preserue the rural character of rural estate and small estate residential. LU-2.2: lnfill development opportunities connect the city's educational and medical facilities as a complimenting element of uses in EDCs. The Baker Medical Office provides for an infill development of a vacant lot in the EDC. Although the surrounding parcels were developed in the 1990's, this remnant piece has remained vacant and this project completes the development of this area. The project complements existing surrounding areas by providing high quality architecture that is similar to some of the existing uses, such as the school and commercia! to the south. The medical office use is allowed in the EDC zone and a needed service to surrounding residential neighborhoods. o CD-3.5 Design parking /ofs and structures to be functionally and visually integrated and connected; off-street parking /ofs should not dominate the streef scene. Perimeter landscaping and strategic placement of the Project's commercial buildings has been provided to visually screen the parking lot and drive aisles from surrounding roadways along Newport Road. o CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The architecture of the Project incorporates varied colors, recesses, materia! changes, varied rooflines, wa!! plane changes, accent materials, and other architectural treatments that break up wal! areas to avoid any long expanses of blank, monotonous walls. CD-5.4: Locate building access points along sidewalks, pedestrian areas, and bicycle routes, and including amenities that encourage pedestrian activity in the EDC areas where appropriate. The project site is served by sidewalks along Newport Road and the entrance of the building is oriented to the street. Residents of apartments and homes to the west of the site could access the medical office building by the existing sidewalks. CD-5.6: Orient building entrance towards the street and provide parking in the rear, when possib/e. a a The Project proposes the building to be located towards the front of the Resolution PIot Plan No. 2018-189 January 22,2020 parcel and the parking will be in the rear behind the building, consistent with the general plan policy. Consistencv with Multiple Species Habitat Conservation Plan (MSHCP) The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project wil! be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. The project site is heavily disturbed. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan. The project is consistent with the MSCHP. Section 2: Consisfency with the Zoning Code. The Plot Plan is consisfenf with the zone designation Map, and applicable development standards within the zone designation: The Project site is zoned Economic Development Corridor - Newport Road (EDC-NR). Surrounding zoning includes Economic Development Corridor - Newport Road (EDC-NR) to the east, Public/Quasi-Public Facilities (PF) to the west and Cal Neva Specific Plan to the south of the property site. These classifications are compatible to the project site. The proposed use, a medical office building, is consistent with the intent of the EDC-NR designation, because it provides "office services" and the project site is located in close proximity to residential communities along the Newport Road and Bradley Road corridors. The medical office supports the needs of neighboring residential communities and the community-at-large. Medical and professiona! offices are a permitted use in the EDC-NR zone. The project is consistent with the development standards of the EDC-NR zone, including height (45 feet maximum), FAR, and setbacks. The project is subject to the requirements of the City of Menifee Municipal Code Section 9.86, Park Design, Landscaping and Tree Preservation Ordinance, as well as Ordinance No. 348. Newport Road is also designated as an enhanced landscape corridor; therefore, the landscaping has been well designed and enhanced to comply with the city's standards. The total Project area is 28,477.50 square feet and provides 5,033 square feet of landscaping, which equates to 17.7o/o of the Project site (landscaped arealsite area). Resolution PIot Plan No. 2018-189 January 22,2020 Section 9.86.060 requires a minimum ten percent (10%) of the interior parking area to be landscaped. Much of the proposed landscaping wil! be located within the proposed interior parking areas of the Project. There will be 1,790 square feet of landscaping throughout the 8,260 square foot parking lot area, which equates to 21.60/o; therefore, the project meets the interior parking area landscape requirement. Parking lot trees contain mostly evergreen species to provide the maximum amount of shade. Ord. 348, Section 18.12 requires that 50% of the parking area, excluding driveways and aisles. The parking area excluding driveways and aisles is 5,160 sq. ft. and the project proposes to provide trees to shade 2,592 sq. ft, which exceeds the 50% shading requirement. The Project is consistent with the parking requirements of Ordinance 348, Section 18.12. Under the code, 1 parking space is required for every 200 sq. ft. of building area. Based on the size of the building,2T parking spaces are required; however, the project proposes 28 parking spaces. Bicycle spaces, electric vehicle charging spaces, and ADA spaces will be provided consistent with the building code. Therefore, the Project is consistent with the Zoning Code Section 3: Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. As stated, the project site proposes a 3-story 5,417 square foot medical office building. To the east of the project site is the Newport Shopping Center, which is also located within the Economlc Development Corridor - Newport Road zoning classification. West of the project site is the existing Springs Chapter School, and located to the rear of the project site is an existing mono-eucalyptus wireless telecommunication facility, located within an existing block wall enclosure. There is also a church to the north of the project. Newport Road and existing commercia! uses are located to the south of the project. The project is compatible with the surrounding land uses, General Plan land use designation, and zoning classifications. The project will incorporate architecture and landscaping, which will enhance the area. Therefore, the project would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Building and Safety, Engineering and Public Works, Riverside County Fire, Riverside County Sherriff's Department, and Riverside County Environmental Health. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Resolution Plot Plan No. 2018-1Bg January 22,2020 Section 4:Compliance with CEQA. Processing and approval of the permit application are in compliance with the requiremenfs of the California Environmental Quality Act. The proposed project is exempt from California Environmenta! Quality Act (CEOA) pursuant to Article 19 - Categorical Exemptions, Class 32, Section 15332 "ln-Fill Development". ln-Fill Development is characterized as the following: (a) the project is consistent with the applicable genera! plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation. (b) The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. The project is consistent with the property's existing General Plan land use designation (EDC-NR), the property's zoning classification, and with applicable zoning regulations. The proposed developed occurs within the City of Menifee limits, the project site is 0.64 acres, and is substantially surrounded by developed land. The project site has no value as habitat for endangered, rare or threated species. The project would not result in any significant effects related to traffic, noise, air quality or water quality and the site can be adequately served by all required utilities and public services. The project is also exempt from California Environmental Quality Act (CEOA) pursuant to Article 19 - Categorical Exemptions, Class 3, Section 15303 "New Construction or Conversion of Small Structures." Class 3 consists of construction and location of limited numbers of new, smal! facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any Iegal parcel. Examples of this exemption include, but are not limited to: (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. ln urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The project is for the construction and operation of a 5,417 sq.ft. office building in an urbanized area, which is below the 10,000 sq. ft. limit of the exemption. The property is zoned for the office use and the project does not involve the use of significant amounts of hazardous substances. All necessary public services and facilities are available to the site. The surrounding area is developed with schoo!, church and commercial uses and is not environmentally sensitive. Resolution Plot Plan No. 2018-189 January 22,2020 Attest: BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby approves Plot Plan No. 2018-189 subject to the following: 1. The Findings set out above are true and correct. 2. Plot Plan No. 2018-189 is hereby approved subject to the Conditions of Approva! set forth in Exhibit "1' to this Resolution. PASSED, APPROVED AND ADOPTED this the 22nd day of JANUARY, 2020. , Chairman Randy Madr;d hanie Ro n, Deputy 6 Approved as to form: Ajit , Assistant Ci b'4 Vl€t -(lt at- ty Attorney b^n Assessor's Parcel No.: MSHCP Category: DIF Gategory: TUMF Category: EXHIBIT 331" CONDITIONS OF APPROVAL Plot Plan No. 2018-189 "Baker Medical Building" Plot Plan No. 2018-189 proposes the construction and operation of an approximately 5,417 square foot 3-story medical office building on a 0.64-acre parcel. Access to the site will be from an existing driveway shared with the Newport Plaza shopping center located on the adjoining property to the east. A total of 28 parking stalls are proposed for the project. The site is located on the north side of Newport Road, west of Bradley Road, and east of Winter Hawk Road in the City of Menifee, County of Riverside, State of California. 338-170-028 Commercial Service Commercial Retai! or Service, depending on end user and as determined by Western Riverside Council of Governments (wRCOG) Quimby Category: N/A Approval Date: January 22,2020 Expiration Date: January 22,2023 Within 48 Hours of the Approval of This Project 1. Filinq Notice of Exemption (NOE). The applicanUdeveloper shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($5O.OO1 for the Riverside County Clerk administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and California Code of Regulations Section 15062. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 2. lndemnification. ApplicanUdeveloper shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, Page 1 of 51 Planning Application No.: Project Description: consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicanUdeveloper with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. ln addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shal! be substantially the same as the form agreement currently on file with the City. Page 2 of 51 Section l: Gonditions Applicable to AII Departments Section ll: Community Development Department Gonditions of Approval Section Ill: Engineering/Grading/Transportation Conditions of Approval Section lV: Building & Safety Conditions of Approval Section V: Fire Department Conditions of Approval Section VI: Riverside Gounty Department of Environmental Health Page 3 of 51 Section l: Conditions Applicable to all Departments Page 4 of 51 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2018-189 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan Permit No. 2018-189, dated January 6,2020. APPROVED EXHIBIT G = Preliminary Grading Plan for Plot Plan Permit No 2018-189, dated January 6, 2020. APPROVED EXHIBIT B = Elevations for Plot Plan No. 2018-189, dated January 6,2020. APPROVED EXHIBIT C = Floor Plans for Plot Plan No.2018-189, dated January 6,2020. APPROVED EXHIBIT L = Conceptual Landscaping and lrrigation PIan for Plot Plan No. 2018-189, dated January 6, 2020. APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No.2018- 189, dated May 16, 2019. 4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Gity of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. ln the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permittee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion if the process occurs prior to release of occupancy. Page 5 of 51 The permittee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Causes for Revocation. ln the event the use hereby permitted under this Plot Map a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipa! Code. For more information regarding business registration, contact the City of Menifee. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Expiration Date. This approval shall be used within three (3) years of the approval date; othenruise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the three (3) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the three-year period, the permittee may request one (1) of up to two (2) one (1) year extensions of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should both two one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Page 6 of 51 Section ll: Gommunitv Develo pment Department Gondition sof Approval Page 7 of 51 General Conditions 10. Gomply with Ordinances. The development of these premises shall comply with the standards of Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, G, L, and tvl unless otherwise amended by these conditions of approval. 1 1. 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. 12. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 13. Parking. Based on the Ordinance 348, Section 18.12, parking forthe project is calculated as "office use" and utilizes a parking ratio of 1 spaces / 200 sq. ft. of office area. Therefore, the minimum number of required parking spaces for the proposed project is twenty-eight (28) including one (1) parking space for persons with disabilities. Office Building 5,417 sq. ft 1 space I 200 sq. ft. of office floor area.28 28 J A minimum of twenty-eight (28) parking spaces shall be provided as shown on the APPROVED EXHIBIT A. Any reduction in the number of parking stalls provided shall be reviewed against the parking requirements of Ordinance No. 348, Section 18.12, and approved by the Community Development Director. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of one (1)accessible parking space within the proposed project site (for PP 2018-189), as shown on APPROVED EXHIBIT A for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Bicycle Racks: Page 8 of 51 Use Serving Area Ratio Parking Required Parking Provided Bicycle racks or lockers with a minimum of two (2) spaces shall be provided as shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval and shall be installed in accordance with those plans. Bicycle rack designs that employ a theme are highly encouraged. 15. No Signage Approval. No signage either affixed to the building or monument (freestanding) signage has been approved as part of this application. Any future signs will need to be reviewed and approved under a separate Minor Plot Plan. 16. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 17. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 18. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this Plot Plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 19. Exterior Noise Levels. Facility-related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing home", must not exceed the following worst-case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7.00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m. (daytime standard). 20. No Outdoor Storage. No outdoor storage is allowed within the site. For example, no storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 20. Rules for Gonstruction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include but are not limited to: Rule 1113 (Architectura! Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 11186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily a a Page 9 of 51 during dry weather. Waterrng, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. lmplementation of this measure is estimated to reduce PMro and PMz s fugitive dust emissions by approximately 61%. The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or Iess to reduce PMro and PMz.s fugitive dust hau! road emissions by approximately 44%. 21. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 22. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 23. Outdoor Events/Temporary Uses. A temporary use permit shall be required for outdoor events and/or temporary uses as described in Menifee Municipal Code Chapter 9.6 and include, but not limited to, Farmer's Markets, art and car shows, and sidewalk sales. a Archeology 24.Human Remains. lf human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance 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 Iikely descendant shal! then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 25. Non-Disclosure of Location Reburials. lt is understood by all parties that unless othenrvise required by law, the site of any reburia! of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 26. lnadvertent Archeological Find. lf during ground disturbance activities, Page 10 of 51 unique cultural resources are discovered that were not assessed by the archaeolog ica! report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. Al! ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shal! not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and lMonitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property, so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition. v. Pursuantto Calif. Pub. Res. Code S 21083 2(b) avoidance is the preferred method of preservation for archaeologica! resources and cultural resources. lf the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Counci!." 2T.Cultural Resources Disposition. ln the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: Page11of51 a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation-ln-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until 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 IV 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 letterfrom the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase lV monitoring report. 28. lnadvertent Paleontological Find. Should fossil remains be encountered during site development: i. All site earthmoving shall be ceased in the arca of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. ii. The applicant shall retain a qualified paleontologist approved by the County of Riverside. iii. The paleontologist shall determine the significance of the encountered fossil remains. iv. Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas Page 12 of 51 of the project area where previously undisturbed strata will be buried butnot othenrise 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. v. lf fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossi! site and the paleontologist called to the site immediately to recover the remains. vi. 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 Iabeled 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 qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil materia! prior to being curated. Landscaping 29. lnterim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (scAoMD). 30. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shal! require inspections in accordance with the building permit landscaping install and inspection condition. 31 . Landscape Plans. All landscaping plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 32. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as othenruise Page 13 of 51 Fees established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. 33. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 34. Subsequent Submittals. Any subsequent submittals required by these conditions of approva!, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to lssuance of Grading Permit 35. Precise Grading Plan Review. The Community Development Department shall review the precise grading plan for consistency with the approved site plan and conceptual grading plan (Approved Exhibits A and G) and the conditions of approval. 36. Fugitive Dust Gontrol. The permittee shall implement fugitive dust contro! measures in accordance with Southern California Air Quality Management District (SCAOMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; Page 14 of 51 e Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. lnsta!! wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. lnstall wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 37. Nesting Bird Survey. To avoid impacting nesting birds, one of the following Page 15 of 51 Fees must be implemented: Conduct grading or ground disturbance activities from September 16th through January 31st, when birds are not likely to be nesting on the site; OR Conduct pre-construction surveys for nesting birds if construction is to take place during the nesting season (February 1st through September 1sth). A qualified wildlife biologist shall conduct a pre-construction nest survey no more than 14 days priorto initiation of grading to provide confirmation of the presence or absence of active nests on or immediately adjacent to the project site. lf active nests are encountered, species-specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. At a minimum, grading in the vicinity of the nest shal! be deferred until the young birds have fledged. A minimum exclusion buffer of 100 feet shall be maintained during construction, depending on the species and location. The perimeter of the nest-setback zone shall be fenced or adequately demarcated with staked flagging at 20- foot intervals, and construction personne! and activities restricted from the area. A survey report by the qualified biologist verifying that (1) no active nests are present, or (2) that the young have fledged, shall be submitted to the City prior to initiation of grading in the nest-setback zone. The qualified biologist shall serye as a construction monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. A report of the findings prepared by a qualified biologist shal! be submitted to the City prior to ground disturbance and/or issuance of a grading permit. 39. Fees. Prior to the issuance of grading permits for PP 2018-189, the Community Development Department shall determine the status of the deposit-based fees. lf the fees are in a negative status, the permit holder shall pay the outstanding balance. Page 16 of 51 38. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit or ground disturbance, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be .64 acres (gross) in accordance with APPROVED EXHIBIT A. lf the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. ln the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Prior to lssuance of Building Permit 40. Submit Building Plans. Prior to the issuance of a building permit, the permittee shall submit building plans with the City of Menifee Building and Safety Department for building permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, C, G, L, and M. Building and Safety will require the following items: 1 . To the extent the City of Menifee has adopted the 2019 edition of the Californta Building, Mechanical, Electrical and Plumbing, Energy and Green Codes prior to Plans being submitted for first plan check, plans shall be designed to the provisions of the 2019 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes (or subsequent edition adopted by the City, if adopted by the City of Menifee prior to Plans being submitted for first plan check).2. Five (5) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation.3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of trave!, cross and directional slope percentages, site accessibility features and details.4. All exterior lighting shall comply with Ordinance 6.01, "Dark Sky Ordinance".5. All exterior lighting shal! fall within current commercial standards.6. Separate plan submitta! will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 41. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. lf building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT B a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee shall be submitted to the Community Development Department for review and approval. lf substantial modifications are proposed to the elevations, the Community Development Director may determine that Planning Commission review and approval is required. 42.Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 43. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe-boxtype lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. The location of lighting shown on the building is for conceptual purposes only and may be relocated during the building plan Page 17 of 51 check. All parking lot lights, and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Municipal Code Chapter 6.01 and the General Plan. 44. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view. All building plans shall show all roof-mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans shall be approved prior to issuance of a Building Permit. Screening material shall be subject to Community Development Department approval. Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. 45. Enhanced Paving. Building plans shall show enhanced paving consistent with Approved Exhibits A and L. 46. Electrical Cabinets. Al! electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building. 47. Screening of Accessory Structures. Screening of trash receptacles within trellised enclosures and encasing mechanical equipment within smal! structures compatible in color and materials to the adjacent landscaping or the primary structures shall be required, and methods of screening shal! be included on building plans and/or landscaping plans. 48. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that provides 360- degree coverage on the outside of the buildings and clearly depicts the entire parking field, parking lot entrances and exits, and building entrances. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office Iocated within one of the retail buildings or other place acceptable to the Sheriff's Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month. The plan shall be approved prior to issuance of Building Permits. ln addition, the trash enclosure shall be properly secured and have a lock as well as a covering to keep unauthorized persons from entering the dumpster area to dig through the trash. The Sheriff's Department shall verify that the security system and trash enclosure requirements has been installed prior to final occupancy. Landscap:ng Page 18 of 51 49. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structura! final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 50. Landscape and lrrigation Plans. The permittee shall submit three (3) sets of Final Landscaping and lrrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Division in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) and Menifee Municipal Code Section 9.86, along with the current fee. The plan shall be in substantial conformance with APPROVED EXHIBIT L, Menifee Municipal Code Chapters 9.86 and 15.04, and the conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed. Emphasis shal! be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and lrrigation Plot Plans shal! be prepared consistent with Menifee Municipal Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The location, number, genus, species, and container size of plants shall be shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, and Sections 18.12 Curb and Walkway on End Stall Planters. A six-inch-h igh curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be Page 19 of 51 Fees designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Director Authority to Delel The Commun ity Development Director shall have the authority to defer the requirement that the landscape and irrigation plans be approved prior to building permit issuance. Any deferral of the approval of the plans will be based on the status of the plans and severity of outstanding corrections. However, the requirement to submit plan prior to building permit issuance shall not be deferred. 51. Landscape lnspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape lnspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape lnspections is estimated to be $5,000. 52. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit-based fees for project are in a negative balance. If so, any outstanding fees sha!! be paid by the permittee. 53. Ordinance No. 17-232 (DlF). Prior to issuance of certificate of occupancy, the applicant shall comply with the provisions of Ordinance No. 17-232, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 17-232 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmenta! effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. !n the event Ordinance No. 17-232 is rescinded, this condition wil! no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shal! be required. 54. Menifee Union School District. lmpacts to the Menifee Union School District shall be mitigated in accordance with California State law. 55. Perris Union High School District. lmpacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final lnspection 56. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B. 57. Roof Mounted Equipment. Prior to final occupancy, Community Page 20 of 51 Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 58. Utilaties Underground. All utilities, except electrica! lines rated 33 kV or greater, shall be installed underground. lf the permittee provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 59. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 60. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 61 . Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed and the trash enclosure has been property secured in compliance with the Riverside County Sheriff Department's requirements prior to final occupancy. 62. Final Planning lnspection. The permittee shal! obtain final occupancy sign- off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. Landscaping 63. Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape lnstallation lnspection. The report can be sent in electronically. lnformation on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7 , "What is required in a Soil Management Plan?" 64. Landscape/lrrigation lnstall lnspection. The permittee landscape architect responsible for preparing the Landscaping and lrrigation Plans shal! arrange for a Pre-Landscape installation inspection and a Landscape Completion lnstallation lnspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post-Establishment lnspection will also be required. The Community Development Department will require a Page 21 of 51 Fees deposit in order to conduct the landscape inspections. 65. Landscape lnstallation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, lrrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All Iandscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 66. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. 67. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of City Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. ln the event Ordinance No. 810 is rescinded, this condition will no longerbe applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 68. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit-based fees for project are in a negative balance. lf so, any outstanding fees shal! be paid by the permittee. Page 22 of 51 Section lll: Enqineeri nq/Trans portationl Gradinq Gonditions of Approval Page 23 of 51 The following are the City of Menifee Public Works / Engineering Department (Public Works / Engineering Department) Conditions of Approval for this development project, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with al! applicable City of Menifee standards 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 69. Conditions of Approval Supersede Plans and Exhibits - lt is understood that all required plans and exhibits for this project must correctly show existing and proposed facilities, acceptable dimensions, centerline elevations, all existing easements, traveled ways, cross sections, and other required information. Any omission or unacceptability may require this documentation to be resubmitted for further consideration. ln the event that there is a conflict between what is shown on the required plans and exhibits and these conditions, these conditions will supersede what is shown on the plans and exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. 70. Guarantee for Required Improvements - Prior to the issuance of a grading permit or building permit, financial security shall be provided to guarantee the construction of all required improvements associated with the proposed development. The Public Works Director / City Engineer may require the dedication and construction of necessary utilities, streets or other improvements outside the project area if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development project. 71. Bond Agreements and lmprovement Security To guarantee the construction of all required improvements, the developer / property owner shal! enter into security agreements and post bonds in accordance with applicable City policies and ordinances. The improvements shall include as applicable, but not be limited to, the following: onsite / offsite grading, raised medians along Newport Road, water and sewer lateral trenches and repairs, and water quality Best Management Practices (BMPs). T2.Existing Easements - The final improvement plans and grading plans (if applicable) shall correctly show all existing easements, traveled ways and drainage courses with appropriate drainage flows. The final plans shall also correctly show all proposed easements and dedications to support the development project. Any omission or misrepresentation of these documents may require said plans to be resubmitted for further consideration. 73. 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 Page 24 of 51 registered civil engineer or other registered / licensed professiona! as required. 74.Plan Check Submittal Process - Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works t Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements tobe 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 .dbf) 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. 75. Plan Approvals - A!! required improvement plans and grading plans must be approved by the Public Works / Engineering Department prior to issuance of any construction and I or grading permit. Supporting City-approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 76. As-Built Plans Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of workforall 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 shal! pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shal! be as determined by the Public Works Director / City Engineer. 77. Construction Activities and Times of Operation - The developer / property owner shall monltor, 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 located within one-fourth of a mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays,6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. (Ord. 201 0-83, passed 1 1-16-201 0) (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. Page 25 of 51 (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 developer / property owner to remedies as set forth in the City Municipal Code. ln addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. (d) A Pre-Construction meeting is mandatory with the City's Public Works Senior lnspector prior to start of any construction activtties for this site. 78. Dry Utility lnstallations - 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 lines which are 33.6 kilovolts (kV) or below along the project frontage and within the project boundaries. ln cases where 33.6kV or below lines are collocated with high voltage lines (for example, 1 15kV), the low voltage lines shall still 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. B. GRADING All grading activities shall conform to the latest adopted edition of the California Building Code, City Ordinances on grading, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. Prior to Gradinq Permit 79. Geotechnical Report - The following documentation was reviewed and approved by the City: 1. "Preliminary Geotechnical lnterpretive Report, Proposed Commercial Arledical Building, Assessor's Parcel Number 338-170-028, Lot Number 2 of Parcel Map Number 37103, Located at 26900 Newport Road, City of Menifee, Riverside County, California", prepared by Earth Strata Geotechnical Services, lnc., dated May 11,2018. A Final geotechnical report shall be submitted to and approved by the Public Works / Engineering Department prior to the issuance of a grading permit. Two copies of the City-approved fina! geotechnical report shall be submitted to the Public Works / Engineering Department. The developer / property owner shall comply with the recommendations of the report and City standards and specifications. All grading shall be done in conformance with Page 26 of 51 the recommendations of the report, and under the general direction of a licensed geotechnical engineer. 80. Grading Permit for Glearing and Grubbing - A grading permit is required from the Public Works / Engineering Department prior to any clearing, grubbing, oI any topsoil disturbances related to construction grading activities involving 50 or more cubic yards of soil. 81. Erosion Control PIans - All grading plans shall require erosion control plans prior to approval. Graded but undeveloped land shall provide, in addition to erosion control measures, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with all applicable City of Menifee standards and ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Contro! Board (SWRCB). Additional erosion protection may be required during or before an anticipated rain event. 82. Grading Bonds Prior to issuance of a grading permit, adequate performance grading security shall be posted by the developer / property owner with the Public Works / Engineering Department. 83. lmport / Export - Prior to issuance of a grading permit, grading plans involving import or export of dirt shal! require approval of the import / export locations from the Public Works / Engineering Department, which may include submittal of a soils report for review and approval by the Public Works Director / City Engineer. A haul route must be submitted for approva! by the Public Works / Engineering Department prior to grading operations. 84. Offsite Grading Easements - Prior to the issuance of a grading permit, the developer / property owner shall obtain all required easements and / or permissions to perform offsite grading from affected land owners. Notarized and recorded agreements or documents to the satisfaction of the Public Works Director / City Engineer, authorizing the offsite grading, shall be submitted to the Public Works / Engineering Department. DESIGN G UIDELINES 85. Temporary Erosion Control Measures 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 Public Works / Engineering Department for review and approval. 86. Dust Gontrol - During actual grading, all necessary measures to contro! dust shal! be implemented by the developer / property owner in accordance with Air Quality Management District (AOMD) requirements. A watering device shall be present and in use at the project site during all grading operations. Page 27 of 51 87. Use of Maximum and Minimum Grade Criteria - Actual field construction grades shall not exceed the minimum and maximum grades specified by the Americans with Disabilities Act and approved project grading design, to allow for construction tolerances. Any improvement that is outside of the minimum and maximum values will not be accepted by the City lnspector, and will have to be removed and replaced at the expense of the developer / property owner. Prior to Buildins Permit 88. No Buitding Permit without Grading Permit - Prior to issuance of any building permit, the developer / property owner shal! obtain a grading permit and I or approva! to construct from the Public Works / Engineering Department. 89. Final Rough Grading Conditions - Prior to issuance of each building permit, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City- approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 90. Rough Grade Conformance to Elevations / Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantia! conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical / soils report. Prior to Certificate of Occupancv 91 . Final Grade Certification - The developer / property owner shall cause the Civil Engineer of Record for approved grading plans to submit signed and wet stamped final grade certification on City-approved forms, for each building requesting a certificate of occupancy. The certification shal! be submitted to the Public Works / Engineering Department for verification and acceptance. 92. Final Grade Conformance to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. DRAINAGE General Conditions 93. Proposed Drainage Concept - The site is relatively flat, and drains northerly to the Bradley Road Channel, which is owned and maintained by the Riverside County Flood Control and Water Conservation District (Flood Page 28 of 51 Control District), then flows northerly to Salt Creek, then westerly to Canyon Lake. Adjacent drainage includes storm drain flow from the east, from the existing shopping center into the project site. Minimal storm water enters the project site from the west, and no storm water enters from the north orsouth. The developer is proposing to route onsite flows from this development project to a bio-treatment system (Modular Wetland) at the northwestern corner of the project site, before out-letting to the existing Bradley Road Channe! . Offsite flows from Newport Road flow westerly along the north side of Newport Road away from the project site and into the Bradley Road Channel. Prior to the issuance of a grading permit, during final engineering, plans shall be provided that show how the treated onsite flows will outlet to the existing Bradley Road Channel. These plans shall be subject to the review and approval of the Riverside County Flood Control and Water Conservation District (Flood Control District) and the City's Public Works / Engineering Department. All onsite water qualitv / drainaqe svstems must be constructed and operational orior the issuance of a Certificate of Occupancy. 94. Trash Racks and Ful! Capture Devices - City-approved Trash Racks and Full Capture Devices shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 95. Cooperative Agreement with the FIood Control District - The developer / property owner may be required to enter into a cooperative agreement with the Flood Control District regarding the terms of the design, construction and operation of any facilities that are proposed to be owned or maintained by the Flood Control District. This cooperative agreement shall be executed and approved by the City and the Flood Control District prior to approval of the grading plan. 96. Encroachment Permit from the Flood Gontrol District - The developer / property owner shall obtain an encroachment permit from the Flood Control District regarding any construction-related activities that may occur within the Flood Contro! District right-of-way or that may affect any facilities that are owned or maintained by the Flood Control District, including the Bradley Road Channel. Prior to Gradins Permit 97. Perpetual Drainage Patterns (Easements) - Any grading that may be performed shal! 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 Public Works / Engineering Department for review. 98. Protection of Downstream Properties - lf the proposed development alters natural drainage patterns by concentrating or diverting flow, then the developer / property owner shall protect downstream properties from Page 29 of 51 damages that can be caused by such alteration of natural drainage patterns. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities and securing necessary drainage easements. 99. Submit Plans A copy of the improvement plans, grading plans, environmenta! constraint sheet, BMP improvement plans, and any other necessary documentation, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Public Works / Engineering Department for review and approval prior to issuance of a grading permit. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 1O0.Written Permission for Grading - For any offsite grading that may be performed, written permission shall be obtained from the affected property owners, allowing the proposed grading and / or facilities to be installed outside of the project development site boundaries. A copy of the written authorization shall be submitted to the Public Works / Engineering Department for review and approval. DRAINAGE DESIGN CRITERIA 101.Drainage Grade- Minimum drainage design grade shall be 1 percent (1%). The engineer of record must submit a variance request for design grades less than what is stated here, along with a justification for the lesser grade. 102.Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, planting erosion resistant vegetation shall provide protection of the native soils. All cut and fill slopes shal! have a maximum 2'.1 grade (horizontal to vertical ratio), unless determined othenruise by the Public Works Director / City Engineer. D. WASTE MANAGEMENT General Conditions 103.A8 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 othenrvise divert commercial solid waste from disposal: Source separate recyclable and/or compostable material from solid waste and donate or self-hau! the material to recycling facilities. 2. Subscribe to a recycling service with their waste hauler Page 30 of 51 3. Provide recycling service to their tenants (if commercial or multi-family complex). 4. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: vwvw. rivcowm.org/opencms/recyclyi n g/recycli ng_a nd_com post_business. htm l#ma ndatory 104.AB 1826 - AB 1826 requires businesses that generate eight (8) cubic yards or more or organic waste per week, to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shal! take at least one of the following actions in orderto divert organic waste from disposal: 1 . Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. 2. 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. 3. Consider xeriscaping and using drought tolerant / low 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 Building Permit 1 05. Recyclables Collection and Loading Area Plot PIan during Construction - Prior to the issuance of a building permit, the developer / property owner shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the Public Works / Engineering Department for review and approval. This plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation / fagade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shal! be accessed by the hauler. 106.Waste Recycling Plan during Construction - 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: Page 31 of 51 1. 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. 2. The measures / methods that will be taken to recycle, reuse, and / or reduce the amount of waste materials generated. 3. The facilities and lor haulers that will be utilized 4. 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 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. Prior to Certificate of Occupancv 107.Waste Management Clearance - Prior to issuance of a certificate of occupancy 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 Public Works / Engineering Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and C&D materials recycled. 108.Site PIan - lt is understood that the site plan must correctly show acceptable centerline elevations, all existing easements, traveled ways, cross sections, and drainage courses with appropriate drainage flows. Any omission or unacceptability may require the site plan to be resubmitted for further consideration. ln the event that there is a conflict between what is shown on the site plan and these conditions, these conditions will supersede what is shown on the site plan and any attachments to the site plan, including other plans or exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. 1O9.Traffic Assessment A Traffic Assessment, dated June 22, 2018, prepared by Rick Engineering Company was submitted to and approved by the Public Works / Engineering Department. The conclusions of this assessment were as follows: a. The nearby project area intersections and roadway segments were calculated to operate at acceptable levels of service (LOS), meaning LOS E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS, AND DEDICATIONS General Conditions Page 32 of 51 C or better, with the exception of the Newport Road / Bradley Road intersection, which was calculated to operate at LOS F for the A.M. and P.M. peak hours. b. No significant impacts were calculated at any of the intersections and roadway segments, based on the City's criteria, since the project is anticipated to generate fewer peak hour trips than the 50 vehicle threshold. Based on its review of the Traffic Assessment, the Public Works I Engineering Department has generally concurred with its findings and therefore does not require a detailed traffic analysis to be performed. 110.Paving or Paving Repairs - The developer / property owner shall be responsible for obtaining the paving inspections required from the Public Works / Engineering Department. Paving and / or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director / City Engineer. 1 1 1 .Goncrete Work - All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi. 112.Street Light Plan - A street lighting plan is required for this project. The street lighting plan shal! be submitted to the City and approved by the City prior to approval of the final improvement plans. Street lighting shall be designed in accordance with the latest City Standards and Specifications for LS-3 street light rates, and as determined by the Public Works Director / City Engineer. 1 13.Onsite and Offsite Street Lights Ownership and Maintenance - All proposed public and private street lights shall be designed in accordance with City-approved standards and specifications, or as determined and approved by the Public Works Director / City Engineer. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and shall be provided with adequate service points for power. The design shall be incorporated in the project's street improvement plans or in a separate street light plan as determined and approved by the Public Works Director / City Engineer. ll4.Streetlight Design as LS-3 Rate Lights - All new streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with City-approved standards and specifications, and as determined by the Public Works Director / City Engineer. 1 1S.Street Light Service Point Addressing - The developer shall coordinate with the Public Works / Engineering Department and with Southern California Edison the assignment of addresses to required street light service points. Service points serving public streetlights shall be owned by the City and shall be located within public right-of-way (ROW) or within duly dedicated public easements. Page 33 of 51 Prior to Buildinq Permit 116.Sight Distance Analysis - Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final grading plans, street improvement plans, and Iandscape improvement plans. llT.Construction Traffic Control Plan - Prior to start of any project related construction, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the California Manual on Uniform Traffic Control Devices. This traffic control plan shall address impacts from construction vehicular traffic, noise and dust, and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public road ROW during construction. The plan shall specify the following mitigation measures to address the following: (a) The estimated day(s), time(s) and duration of any lane closures that are anticipated to be required by Project construction. (b) Safety measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to the satisfaction of the Public Works / Engineering Department. The purpose of these measures shall be to safely guide motorists, cyclists, and pedestrians, and minimize traffic impacts and ensure the safe and even flow of traffic consistent with City level of service standards and safety requirements. (c) A notification to the Public Works / Engineering Department at least five (5) business days in advance of any planned lane closure that will be caused by Project construction. The City shall evaluate any other known lane closures, construction activities, or special events that may conflict with the Project's scheduled lane closure or create additional impacts to traffic flow, and, if deemed necessary by the Public Works / Engineering Department, the Project's lane closure may be postponed or rescheduled. (d) A dirt haul route plan shall be submitted for approval priorto any import / export grading operation. The plan shall identify all origins and destinations and the time for haul period, and the haul routes shall be approved by the Traffic Engineer. Haul routes shall not be permitted on residential streets without the approval of the Traffic Engineer. The traffic control application, location, and type of traffic control shall be shown on the plan. Daily street sweeping is required during all hauling operations. 1 l S.lmprovement Bonds - Prior to issuance of a building permit, the developer / property owner shall enter into a bond agreement and post acceptable Page 34 of 51 bonds or security, to guarantee the completion of all required onsite and offsite 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). l l9.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 ROW. Prior to Certificate of Occupancv 120.Street Lights lnstallation - lnstall streetlights along the streets associated with the development project, in accordance with the City-approved street lighting plans and standards. lt shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking Final Inspection for Certificate of Occupancy. 121.Driveways and Driveway Approaches - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways and driveway Approaches shall be designed and constructed per City standards. Prior to issuance of a Certificate of Occupancy, required driveways shall be constructed. F. WATER, SEWER, AND RECYCLED WATER General Conditions 122.Meet Minimum Standards AII water, sewer and recycled water improvements, as well as required auxiliaries and appurtenances, shall be designed per current City ordinances and Eastern Municipa! Water District (EMWD) standards and specifications. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 12s.Utility lmprovement Plans - Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD. 124.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 issuance of a building permit. G. NPDES AND WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WOMPS) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater / Urban Runoff Management Program unless otherwise approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. Prior to Buildins Permit Page 35 of 51 125.Project Specific WQMP - The developer / property owner submitted a Preliminary WQMP, prepared by Landmark Engineering Corporation, dated December 9, 2015. The Public Works / Engineering Department has reviewed this report and granted conditional approval, pending the developer / property owner addressing the following remaining Engineering comments in the Flnal WQMP during the Final Engineering phase: a. Revise the WQMP to show that a Modular Wetlands system is now being used, instead of an lnfiltration Trench and Permeable Pavement, in accordance with previous communications that were held between the developer / property owner and the City. b. lnclude updated calculations and other appropriate supporting documentation in the WQMP to be consistent with the BlVlPs that are now being proposed. Final / approved construction plans shall incorporate all of the structural BMPs identified in the approved Final WQMP. The final developed project shal! implement all structural and non-structural BMPs specified in the approved Final WQMP. One copy of the approved Final WQMP on a USB drive in pdf format shall be submitted to the Public Works / Engineering Department. 126.WQMP Right of Entry and Maintenance Agreement Prior to, or concurrent with the approval of the Final WQMP, the developer / property owner shall 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 Certificate of Occupancv 127.lmplement Project Specific WQMP - All structural BMPs described in the approved Final 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 BMPs described in the approved Final WQMP and that copies of the approved Final WQMP are available for the future owners / occupants. The City will not release occupancy permits for any portion of the project prior to the completion of the construction of al! required structural BMPs, and implementation of non- structural BMPs. An exception may be granted for BMPs not serving a Drainage Management Area where no Certificate of Occupancy is being sought. 128. WQMP / BMP Education - Prior to issuance of a Certificate of Occupancy, the developer / property owner shall provide the City proof of notification to future occupants, of all BMPs and educational and training requirements for said BMPs as directed in the approved Final WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized affidavit. The developer must provide to the Public Works / Engineering Department Page 36 of 51 a notarized affidavit stating that the distribution of educational materials to future occupants has been completed prior to issuance of occupancy permits. NPDES Public Educational Program materials may be obtained from the Flood Control District - NPDES Section by accessing the Flood Control District's webs ite at www. flood control. co. riverside. ca. us. H. CITYWIDE Community Facilities District (CFD) 2015-2 or 2017-1 Prior to Buildins Permit 129. Annexation to the Citywide CFD 2015-2 or 2017-1 - Prior to issuance ofa building permit, the developer / property owner shall complete the annexation of the proposed development project into the boundaries of CFD 2015-2 or 2017-1, os determined by the Public Works Director / City Engineer. The CFD shall be responsible for the maintenance of public improvements or facilities that benefit this development, including but not limited to, streetlights, street sweeping / maintenance, graffiti abatement and other public improvements or facilities as approved by the Public Works Director / City Engineer. The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the citywide CFD. 128. Landscape lmprovement Plans - Landscape improvements within public ROW shall be prepared for review and approval by the Public Works / Engineering Department, in accordance with City standards and specifications. The plans may be prepared as one plan forthe entire project, as determined by the Public Works Director / City Engineer, and shall be reviewed and approved by the Public Works / Engineering Department prior to the issuance of a building permit. 129. Maintenance Exhibit - Prior to issuance of a building permit, the developer / property owner shall prepare an exhibit that shows a!! areas and facilities to be maintained by the CFD. The exhibit shall be reviewed and approved bythe Community Development Department and the Public Works I Eng ineering Department. I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES General Conditions 1 30. Fees and Deposits - Prior to approval of grading plans, improvement plans, issuance of building permits, and / or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development !mpact Fees (DlF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 37 of 51 Prior to Certificate of Occupancv 131.TUMF Fees - Prior to the issuance of a certificate of occupancy, the developer / property owner shall pay the Transportation Uniform I\Iitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to City-adopted Ordinances governing the TUMF program. Page 38 of 51 Section lV: Buildinq and Safety Conditions of Approval Page 39 of 51 General Requirements 132.Final Building & Safety Gonditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. l33.Compliance with Code. All Design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. lf the plans are submitted to the City of Menifee on or after January 01,2020, the plans shall be designed in accordance with the 2019 edition of the California Building, Plumbing and Mechanical Codes, 2016 California Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. 134.ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right of way to all public areas on site, such as enclosures, clubhouses and picnic areas. 135.Gounty of Riverside Mount Palomar Ordinance. Applicant shal! submit, at the time of plan review, a complete exterior site lighting plan with a "photometric study" showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin and below. 136.Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi-family residential projects. 137.Obtain Approvals Priorto Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction Page 40 of 51 work. 138.Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers, light standards, and any block walls will require separate approvatsand permits. Solid covers are required over new and existing trash enclosures. 139.Demolition. (lf applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 140.Sewer and Water Plan Approvals. On-site sewer and water plans wilt require separate approvals and permits. A total of 6 sets shall be submitted. 141.Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one- quarter mlle of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 142.House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 143.Roof Drains. Drainage water collected from a roof, awning, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface. l44.Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for al! designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Officials lFire Marshal's approval. At Plan Review Submittal l45.Submitting Plans and Calculations. Applicant must submit to Building & Safety seven (7) complete sets of plans and two (2) sets of supporting documents, two (2) sets of calculations for review and approval including: a. An electrica! plan including load calculations and pane! schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities.c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Maybe a deferred submittal. Page 41 of 51 d. Eastern Municipal Water District (EMWD) First Release Required Prior to lssuance of Grading Permits 146.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building & Safety for review and approval. l4T.Demolition Permits. (lf applicable) A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. AQMD shall be notified and a PermiURelease shall be submitted to Building and Safety, Prior to Permit lssuance. Prior to lssuance of Building Permits 14l.Plans require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Electronic Signature is acceptable. All associated Building Fees to be paid. 149.Each Department is required to Approve, with a signature. Prior to Temporary Certificate of Occupancy 150.Temporary Certificate of Occupancy. Application and deposit to be submitted, a minimum of 5 working days prior to effective date. Each department is required to provide an Exhibit' clearly identifying those Conditions of Approva! that remain outstanding with a signature. Prior to Certificate of Occupancy 151 .Each department is required to Review and Approve with a Signature, once ALL Conditions of Approval have been MeUApproved. Prior to Final lnspection 152.Each department that has conditions shall have completed and approved their final inspection prior to requesting the final inspection by the Building and Safety Department. Page 42 of 51 Section V: Fire Department Conditions of Approval Page 43 of 51 General Conditions 153. Water Mains. The water mains shall be capable of providing required fire flow. 154.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 individual lot. Water plan must be at the job site. 1ss.Address. The address shall be posted per the Riverside County Fire Department standards and will be clearly visible from public roadway. 156. 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. 157.Fire Apparatus Access Road Width and Vertical Clearance. Fire apparatus access roads shal! have an unobstructed driving surface width of not less than 24 feet, with an unobstructed vertical clearance of 13 feet 6 inches. (Carports and covered areas) shall not impede into access roadway. 158. Turnarounds. A turnaround shall be provided to all 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 shall 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. 159. Surface Load and Capabilities. Fire apparatus access roads shall be designed to support the impose loads of fire apparatus 75,000 pound live load (gross vehicular weight) distributed over two axlesl and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatusl for the length and grade(s) of the fire apparatus access road. Page 44 ot 51 Section Vl : Riverside Countv Environmental Health Gonditions of Approval Page 45 of 51 County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. 80X 79(Xl . RIVERSIDI, CA 92511-79G) KTITH .IONES. DIRECTOR ,rvrtf etD -r.r a..E- Deceurber 5. l0l9 Crtl'of Menrfee Plat ni.g Deparmeat Attn: Desrree Bow&n 19714 Haun Road Memfee. CA 92586 SL-BJE( T: ('ITI OF IIENIFEI - PLANIiING APPLI('ATION PP20l8-189 Nf I\'PORT DENTAL- PROFI S SIONAL OFFI('[ (APN: 338-l10-013) Dear Ms Bos'dan. PP20I8-I89 proposes to develop a 6-239SF 3 story'office burldrog s'rth a shared driveway n'rth th exrsting Nenrpon Plaza Shop,prng Center. The project srte rs located m the north sr& of Nesport Road and rs borruded the Neu'port Plaza oa the east, the former Good Sheprd Lutheran C.'hurch on the ril'est. and Valley Seventh-Day Adrenust Church to the l$orih- m the City of Mcolfec. In accordaoce r*rth rhe agreeanent benl"een the Cormt of fuversr& Deparmeat of Eauroomental Health (DEH) md the Crty of Menrfee. DEH offers the followrng cornrneflts: POT.{BLE \\'TT[,R AND SA\IT.{R\' 5f \\ ER A'Geoeral Codtm" shal be placed oo the prorect rdrcahng that the subjea p(opettl'is propostng to receire potable rf,Eter serr.ice and sanrtarv s€wer senice &om Easrcrn Mrmlcqral \['ater f,hstnct (ElvfSD). It rs &e resposibrhty of thrs facihty to eu$rre tbat all reqruremeats to obtarn potable $rat&r and sanitart'sewer senrce are met wrth ElvfWD. as well as. all other ap,phcable agenctes. As the agency proudrng sevl'er sen'ice. EMWD shall also have the respoosibihry to rmpleueat any grease iaterceptor requireruents. rncludrng slzurg capacrt-v and other strrrctural specificatrons rf necessar!'. All exrstrng septic systems atdlor u'ells shall be paoperly rernoved or abandoued under pemrt wrth DEH. OfficeLocationsoBlytheoCoronaoHemetalndiooMurrietaoPalmspringsoRiverside Phone (8881722-4214 www.rivcoeh.org rage 40 o! c r t-, As part of the serrices offered to Contract Crhes. the Departnrut of Enrrronurental Health Enuronnreotal Cleanql kograms (ECP) cond,rcts en'rronmeotal rerreu's m plannrqg ptro;ects to ensure that existrng srte coadrtims urll not Degatrvell'affect hunran health or the eovtrmmt. The objective of the eovlroffrEntal re\re\f,'s is- to deternune if there are poteahal sources of enlaroruuental and'u hunran erposures assocrated rrrth the proyect- rdeatrfi'the srenrficance of potenual adverse effects fro,m the contanunants. and eraluate the a&quac;* of miugattoo measutres fel n ininriz'ng exposures and poteutral adverse effects from exrsting contatnrnation and,'or hazardotrs strbstance handllng. For thrs proJect. the CrW of Menifee rs taking on the respmsrbihtl'to rel'le$r the above as1lects of the prolect. LOC -{L f \FOR( f \tf \T -rGf \( \' rLf -{ r kror to final of the medrcal office burldi.g. the apphcart shdl contact the Couutl' of Riversrde- Local Enforceruent Agenc)'at (951) 9-55-8980 for an1'plan check andror permrnrng requrrements. Please note that the Medical Waste Managesrent Act (MWMA). Section I17705 of the California Health and Safen Code- corrsiders anlr lrersoo u'hose act or process produces medrcal $'aste to be a '-nredrcal u'aste gererator" rn Cahfornra (e.g-. a facrlrt_1'or busrness that generates. andror stores medrcal rf,'aste onsrte). Medrcal $'aste geoerators ma!'be Erther large quantrtl (LQG = ,' 100 lbs ,'month). or small quantrty'generat(xs (SQG =' 100 lbs r month). Medrcal naste geoerators shall register $'rth the LEA [.S }I.{TERTALS \A\.{Gf \If \T BRT\C H A proposal of ao1'facrht]'that r*rll use or store hazardous matenals. shall contact the HMMB for revre\f,' of thet pro;ect. [f frrrther reries' of the srte urdicates additional enrironmental health rssues. HMMB reserr-es the ng&t to regulate &e busrness m accordance rvith apphcable Countl' Ordrnaaces. Please cootact HMMB at (951) 158-5055 to obtarn rnformauonregardrng an1' a ddrtrona I requrreurents. Should you have any further questrons u requrre firrther assistatrce. please contact me by emarl at l(AKim@nvco.org or by phoae at (951) 95-5-8980. Srncerely. liristrne Krm. Supen'rsrng REHS Envtonrrrental Protectron and Oversrght Drvrsron f \\'IRO\\I[ \T.{L ( Lf -{r-t-P PROGR.\}IS rRC Df H-f ( Pr 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 48 of 51 AGREEMENT TO INDEMN IFY AND HOLD HARMLESS RECITALS Whereas, Bruce Baker has applied to the City for various discretionary approvals including Plot Plan No.2018-189, which proposes to construct a 3-story,5,417 square foot medical office building (the "Project") is located north side of Newport Road, west of Bradley Road, and east of Winter Hawk Road. (APN: 338-170-028 )(the "Property"); and Whereas, in connection with the consideration of the above-mentioned discretionary approvals, lndemnitor has offered to, and hereby agrees that it wil!, 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. lncorporation of Recitals. The Recitals set forth above are an integral part of this Agreement, and are fully incorporated herein. 2. lndemnitors' lndemnification Obligations. !ndemnitor shall indemnify, defend, and hold harmless the City of Menifee and its elected city counci!, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants (which may include the County of Riverside and its employees, officers, officials, and agents), and agents (herein, collectively, the "lndemnitees") from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either (i) the City's approval of the Project or actions related to the Property, including without Iimitation 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 lndemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the acts, omissions, or operations of the lndemnitor and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the lndemnitor 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 lndemnitor of any claim, 1 Page 49 of 51 This Agreement to lndemnify and Hold Harmless ("Agreement") is entered into, effective as of January 22,2020, by and between the CITY OF MENIFEE, a municipal corporation, on the one hand,("City"), and S&B Partners, LLC property owner of Baker Medical Building, LLC, a California Limited Liability Corporation, ("lndemnito/'), on the other. The City and lndemnitor are herein referred to collectively as the "Parties" and individually as a "Party." lawsuit, or other judicial or administrative proceeding (herein, an "Action") within the scope of this indemnity obligation and request that the lndemnitor defend such Action with legal counsel reasonably satisfactory to the City. lf the lndemnitor 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 lndemnitor and, if they do, the lndemnitor 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 lndemnitor 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 Partres. 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. lN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. ..CITY" Dated: January 22,2020 CITY OF MENIFEE, a California Municipal Corporation By: Its: APPROVED AS TO FORM RUTAN & TUCKER, LLP Attorneys for the City of Menifee Page 50 of 51 Dated: January 22,2020 ..INDEMNITOR'' S&B Partners, LLC for Baker Medical Office By: Print Name: Its Property Owner Page 51 of 51 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC2O-480 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 22 day of January 2020 by the following vote: Diederich, Kanruin, Madrid, Phillips, Thomas None None None Sa hA Clerk SS ) ) ) Ayes: Noes: Absent: Abstain: ri it"tE N I FEE O6 +g\ \