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PC21-537RESOLUTION NO. PC21- 537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 2018-320 (TPM NO. 37992) FOR THE SCHEDULE `E' COMMERCIAL SUBDIVISION OF 3.8 GROSS ACRES INTO TWO (2) PARCELS LOCATED ON THE NORTHWEST CORNER OF PALOMAR ROAD AND HIGHWAY 74 WHEREAS, December 11, 2020, the applicant, Palomarmar, L.P., filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. 2018- 320 for a Schedule 'E' Commercial Parcel Map of 3.8 gross acres into two (2) parcels; and, WHEREAS, on December 11, 2020, the applicant, Palomarmar, L.P., filed a formal application with the City of Menifee for the approval of Plot Plan No. 2018-300 for the redevelopment of the Motte Country Plaza on 3.8 gross acres, including: (1) the relocation of the "Chinese Bistro" train car restaurant to the vacant space on the west side of the existing building containing U-Turn for Christ, U.S. Post Office, Curves, Nails Time and Nutri-Fruit; (2) a new 8-dual pump (16-bay) gas station with 4,709 sq. ft. canopy; (3) a new 3,838 sq. ft. convenience store, with attached 1,755 sq. ft. drive-thru restaurant and 958 sq. ft. office on the 2nd floor of the convenience store; and (4) a New 1,030 sq. ft. car wash; and, WHEREAS, December 11, 2020, the applicant, Palomarmar, L.P., filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. 2018- 301 to allow for the gasoline service stations, convenience store, and car wash; and, WHEREAS, December 11, 2020, the applicant, Palomarmar, L.P., filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. 2018- 302 for the sale of beer and wine at the proposed convenience store for off -premise consumption; and, WHEREAS, on June 23, 2021, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents, regarding Tentative Parcel Map No. 2018-320, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: Consistency with the General Plan. The Tentative Parcel Map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs: Consistency with General Plan The General Plan land use designation of the site is Specific Plan No. 260 (Menifee North). More specifically, the site is located within Planning Area No. 8 (Commercial) which allows for a variety of commercial uses. Page 2 of 4 Tentative Parcel Map No. 2018-320 June 23, 2021 The proposed Tentative Parcel Map, a subdivision of 3.8 gross acres that is currently occupied by commercial uses and is proposed for new commercial uses (under the concurrent Plot Plan No. 2018-300 and Conditional Use Permit No. 2018-301 and 2018-302), meets the requirements of the Specific Plan land use designation. Properties to the Properties to the north and east of the subject site are also located within Specific Plan No. 260. The Project and the properties situated to the north and east of the project site share the same General Plan designation (i.e., Specific Plan No. 260). The properties to the west is designated and zoned Commercial Retail (CR) and is part of the same existing Mottle County Plaza. Properties to the south, which are separated from the project site by Highway 74, are designated Business Park (BP). Section 2: Consistency with the Zoning Code. The Tentative Parcel Map is consistent with the zoning designation map and applicable development standards within the zone designation. The Project site is zoned Specific Plan No. 260 (Menifee North), Planning Area 8 (Commercial). The concurrently proposed uses for the site under Plot Plan No. 2018-300 and Conditional Use Permit Nos. 2018-301 and 2018-302 are consistent with Planning Area 8 of the Specific Plan. The subdivision is also consistent with the development standards of the Specific Plan. Therefore, the project is consistent with the allowable uses and development standards of Specific Plan No. 260. Surrounding zoning classifications include SP 260, Planning Area 7B (High Density Residential) to the north, SP 260, Planning Area 13 (Commercial) to the east, Business Park (BP) to the south, and Commercial Retail (CR) to the west, which are all compatible with the zoning for the Project site. Section 3: Consistency with Ordinance No. 460 Regulating the Division of Land. The proposed Tentative Parcel Map is for a Schedule "E" subdivision of 3.8 gross acres into two (2) commercial parcels. A Schedule "E" subdivision is defined as any division of land into two (2) or more parcels in commercial or industrial zones, regardless of parcel size. Staff has reviewed and conditioned the subdivision for consistency with requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the Schedule "E" map requirements of Ordinance No. 460. This project was deemed complete prior to the current version of the City's Subdivision Code (Title 7) which became effective December 6, 2019 and was therefore reviewed under the previous Subdivision Code (Ordinance No. 460). Section 4: The site is physically suitable for the type of development and the proposed land use of the development. Page 3 of 4 Tentative Parcel Map No. 2018-320 June 23, 2021 The subject site is relatively flat and a train car restaurant relocation and gas station, convenience store, and car wash are being proposed use concurrently under Plot Plan No. 2018-300 and Conditional Use Permit Nos. 2018-301 and 2018-302. The Project site is located at the northwest corner of Highway 74 and Palomar Road. Surrounding the Motte Country Plaza is vacant land. The development of the subject site would implement the adopted Specific Plan. The proposed project is consistent with the Specific Plan and the surrounding planned and existing uses mentioned above. Therefore, given the relatively flat topography of the subject site and the nature of the existing and planned development that surrounds the project, the site is physically suitable for this type of development and the proposed land use of the development. Section 5: Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare of injurious to or incompatible with other properties or land uses in the project vicinity. The Project site is located at the northwest corner of Highway 74 and Palomar Road. Surrounding the Motte Country Plaza is vacant land. The proposed Tentative Parcel Map will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. The project has been reviewed and conditioned by the City of Menifee Planning, Engineering, Police, and Fire Departments to ensure the project will not create conditions materially detrimental and in result, the project will not have a significant impact. Environmental impacts resulting from the project have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that impacts would all be less than significant and impacts related to biological resources and noise would be less than significant with the incorporation of the required mitigation measures. 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. Section G: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. An IS/MND has been completed for the project and adopted by the Planning Commission pursuant to Resolution N o . PC 21-533. The Conditional Use Permit at issue is consistent with the MND, which the Planning Commission has considered as part of its proceedings. No new environmental impacts have been identified and no further environmental review is required for this project. Page 4 of 4 Tentative Parcel Map No. 2018-320 June 23, 2021 A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the project. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee makes the following findings: 1. That the Findings set out above are true and correct. 2. That the facts presented within the public record and within this resolution provide a basis to approve Tentative Parcel Map No. 2018-320 subject to the Conditions of Approval set forth in Exhibit "A" of this Resolution. PASSED, APPROVED AND ADOPTED this the 23rd day of June, 2021 Ben'dfgin Diederich, Chair Attest: 2eppReZR4ot9leen, Deputy City Clerk Approved as to form � an, Assistant City Attorney EXHIBIT 661" CONDITIONS OF APPROVAL Planning Application No.: Tentative Parcel Map No. 2018-320 (Tentative Parcel Map No. 37992) Project Description: Tentative Parcel Map No. 2018-320 (Tentative Parcel Map No. 37992) proposes a Schedule 'E' Commercial Parcel Map of 3.8 gross acres into two (2) parcels (Parcel 1 = 2.5 gross acres; Parcel 2 = 1.3 gross acres). Assessor's Parcel No.: APN 329-110-019 MSHCP Category: Commercial Retail DIF Category: Commercial Retail SKR Category: Discretionary permit on greater than Y2 (0.5 acres) TUMF Category: Commercial Retail Quimby Category: Not Applicable Approval Date: June 23, 2021 Expiration Date: June 23, 2024 Tentative Parcel Map No. 2018-320 1 of 41 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Public Works Department Conditions of Approval Section IV: Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Tentative Parcel Map No. 2018-320 3 of 41 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 37992 shall be henceforth defined as follows: TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No. 37992 dated May 6, 2021 (Planning Application No. 2018-320) 5. Ninety (90) Days to Protest. The project developer has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 6. City of Menifee. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under CEQAthrough 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 feesare designed to coverthe full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 7. Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program ("MMRP") which is incorporated by reference as part of these conditions of approval. 8. Comply with Menifee Municipal Code Chapter 7 Subdivisions. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 (Subdivisions) of the Menifee Municipal Code, unless modified by the conditions listed herein. 9. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee approval date, unless extended as provided pursuant to the Subdivision Map Act, and the City of Menifee Subdivision Ordinance. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. Tentative Parcel Map No. 2018-320 5 of 41 General Conditions Fees 10. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to final map, grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 17-232 (Fees and Charges), 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. Priorto Final Map 11. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Menifee Municipal Code Title 7 Subdivisions. 12. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. The applicant will be required to update any previously recorded reciprocal access agreements as necessary as a result of Tentative Parcel Map No. 37992. 13. Reciprocal Access and Parking Agreements. Prior to map recordation, reciprocal access and parking agreements shall be established across Parcels 1 and 2 for appropriate on -site circulation and access to and from Highway 74 and Palomar Road for the project site and to allow flexible parking overflow between parcels. 14. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Menifee Municipal Code Title 7 Subdivisions, which shall be submitted as part of the plan check review of the FINAL MAP. 15. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance." 16. Survey Checklist. The Engineering and Community Development Departments shall review any FINAL MAP and ensure compliance with the following: Tentative Parcel Map No. 2018-320 7 of 41 Section III: Engineering/Public Works Department Conditions of Approval Tentative Parcel Map No. 2018-320 9 of 41 23. Existing and Proposed Easements — The map shall correctly show all existing and proposed easements, traveled ways, and drainage courses with appropriate drainage flows. The map shall also correctly show all proposed easements and dedications to support the development project. Any omission or misrepresentation of these documents may require said Tentative Parcel Map to be resubmitted for further consideration. All proposed easements shown on the Tentative Parcel Map shall be acquired prior to final engineering. 24. Engineered Plans — All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered / licensed professional as required. 25. Plan Check Submittal Process — Appropriate plan check submittal forms shall be completed and submittal checklist provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (catch basins, street lights, landscaping, 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) and (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. 26. Parcel Map Submittal Process — Appropriate Parcel Map plan check submittal form sshall be completed and appropriate fees or deposits paid. Prior to approval of the Parcel Map by the City Council, the developer / property owner shall provide along with the Parcel Map mylars, electronic files of the Parcel Map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) and (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. 27. Plan Approvals — All required improvement plans and grading plans must be approved by the Public Works / Engineering Department prior to recordation of a Parcel Map for which the improvements are required, or prior to issuance of any construction and / or grading permit, whichever comes first and as determined by the Public Works Director / City Engineer. An exception to this condition may be allowed for the landscaping improvements. Supporting City - approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies, must be provided prior to approval of plans. 28. As -Built Plans — Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as -built all project plans, and submit project base line of work for all layers on Compact Disc (CD) 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) and (c) Geodatabase (made up of ESRI extension .gdb). If the Tentative Parcel Map No. 2018-320 11 of 41 City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. Prior to Grading Permit 31. Geotechnical Report — The following documentation was reviewed and approved by the City: a. "Preliminary Geotechnical Interpretive Report, Proposed Convenience Store, Restaurant and Carwash, Assessor's Parcel Numbers 329-110-019 and 329-110-023, Lot Numbers 93 and 94 of Ramola Farms Subdivision, Located at 28480 and 28380 Highway 74 City of Menifee, Riverside County, California", prepared by Earth Strata Geotechnical Services, Inc., Project No. 182141-10A, dated April 30, 2018 Two copies of the City -approved 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. Grading shall be performed in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. 32. Grading Permit for Clearing and Grubbing — A grading permit is required from the Public Works / Engineering Department prior to any clearing, grubbing, or any topsoil disturbances related to construction grading activities. 33. Erosion Control Plans —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 the National Pollutant Discharge Elimination System (NPDES)Construction General Permit (CGP)from the State Water Resources Control Board (SWRCB). Additional erosion protection may be required during or before an anticipated rain event. 34. Compliance with NPDES Construction General Permit — The developer / property owner shall comply with the NPDES CGP from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a CGP from the SWRCB. Proof of filing a Notice of Intent and monitoring plan shall be submitted to the City, and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a CGP, contact the SWRCB. 35. SWPPP—Prior to approval of the grading plans, the developer/ property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development project. The developer / property owner shall be responsible for uploading the SWPPP into the State's Stormwater Multiple Application and Report Tracking System (SMARTS) database, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction Tentative Parcel Map No. 2018-320 13 of 41 shrubs and / or trees per City Ordinances. Drip irrigation shall be used for all irrigated slopes. 44. Control Measures for Slopes Greater than 3 feet in Vertical Height — Erosion control systems shall include effective stabilization on all slopes greater than 3 feet in vertical height. Permanent landscaping is required for all slopes greater than 5 feet in vertical height. The landscape plans shall be prepared and signed by a registered landscape architect and bonded per City - adopted ordinances. 45. 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. 46. Dust Control — During actual grading, all necessary measures to control dust shall be implemented by the developer / property owner in accordance with Air Quality Management District (AQMD) requirements. A watering deviceshall be present and in use at the project site during all grading operations. 47. Use of Maximum and Minimum Grade Criteria — Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at the expense of the developer / property owner. C. DRAINAGE General Conditions 48. 10-YR Curb—100-YR Right of Way (ROW) —The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street ROW. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 49. 100-YR Sump Outlet — Drainage facilities outletting to sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. 50. Coordinate Drainage Design — Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading, which could encroach onto other properties. In the event that the construction of temporary drainage facilities or offsite construction and grading encroaches onto other properties, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded Tentative Parcel Map No. 2018-320 15 of 41 c. OPTION B: A proposed storm drain system, Storm Drain Line B, which will be located near the southern boundary of Parcel 2, north of the proposed underground storm water storage. This option shall be utilized if the Flood Control District constructs Romoland MDP Line A-3 before project final engineering. If this option is utilized, Storm Drain Line B will route the offsite drainage runoff easterly to MDP Line A-3 in Palomar Road, which will then route flows southerly to MDP Line A, which will then route flows westerly to a tributary to Canyon Lake. All onsite and offsite water quality / drainage systems must be constructed and functional prior to the issuance of a Certificate of Occupancy. 53. Trash Racks and Full 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. (See SWRCB, TRASH AMENDMENTS condition in the NPDES and WQMP section). 54. Area Drainage Plan (ADP) Fees — The proposed development is located within the boundaries of the Homeland / Romoland ADP of the Riverside County Flood Control and Water Conservation District (Flood Control District), for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee in effect at the time of payment. The fee shall be paid in the form of cashier's check or money order only. Prior to Gradirm Permit Issuance 55. Perpetual Drainage Patterns (Easements) — Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works/ Engineering Department for review. 56. Protection of Downstream Properties — The developer / property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements. 57. Hydrology Report — The developer / property owner submitted a Preliminary Hydrology Report, prepared by Albert A. Webb Associates, dated May 2020. The Public Works / Engineering Department has reviewed and approved this report. Additionally, the developer / property owner submitted a Supplement Report to the Preliminary Hydrology Report. This Supplemental Report was prepared by KWC Engineers, dated December 2020. The Public Works / Engineering Department has also reviewed this report and has given Tentative Parcel Map No. 2018-320 17 of 41 64. 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. 65. 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 shall have a maximum 2:1 grade (horizontal to vertical ratio), unless determined otherwise by the Public Works Director/ City Engineer. D. WASTE MANAGEMENT General Conditions 66. AB 341 — AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler_ c. Provide recycling service to their tenants (if commercial or multi -family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencros/recyclying/recycling and compost business.html #mandatory 67. AB 1826 — AB 1826 (effectiveApril 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week, to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal: a. Source separate organic material from all other recyclables and donate or self -haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. Tentative Parcel Map No. 2018-320 19 of 41 71. Street Improvements — Subject to the discretion and approval of the Public Works Director / City Engineer, the proposed road improvements will be constructed on State Highway 74 and Palomar Road, as described in the Street Dedications and Completion of Improvements conditions listed herein. 72. 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. 73. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi. 74. Intersection Geometrics — All temporary / final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 75. Street Light Plan — A street lighting plan is required forthis project. The street lighting plan shall be submitted to the City and approved by the City prior to Parcel Map recordation. 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. 76. Signing and Striping Plan — A traffic signing and striping plan is required for this project. The signing and striping plan shall be submitted to the City and approved by the City prior to Parcel Map recordation. The developer / property owner shall be responsible for any additional paving and / or striping removal caused by the striping plan. Prior to issuance of a construction permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD). Traffic signing and striping shall be placed along Palomar- Road, State Route / State Highway 74 and within the development project site as required by the Public Works Director / City Engineer. 77. 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. 78. 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. Tentative Parcel Map No. 2018-320 21 of 41 83. Deferral of Ultimate Street Improvements — The developer proposes to do major development on the easternmost parcel, Parcel 2, and do only minor development on the adjacent parcel to the west, Parcel 1. The Public Works Director / City Engineer may approve a request for deferred construction of the ultimate offsite road improvements along the project frontage of Parcel 2, as stated in the City's Subdivision Ordinance. As of the date of the approval of these conditions of approval, the requirements are set forth in Section 7.80.030 of the City's Subdivision Ordinance, which provides as follows: 7.80.030 — Deferred Improvements A. The approving authority, at its discretion, may approve any request for deferred construction of on -site and off -site improvements for tentative maps at the time of approval of the tentative map. Any improvements that are deferred by the approving authority shall be noted on the final or parcel map, and a deferred improvement agreement shall be filed with the City Engineer prior to or concurrent with the filing of the final map or parcel map. B. The City Attorney shall approve the form and content of all deferred improvement agreements prior to the City accepting the document. The deferred improvement agreement shall be executed and recorded prior to or concurrent with the final parcel map. Among other requirements, the deferred improvement agreement shall include the requirement to post security, in accordance with City Municipal Code Title 7 — Subdivisions. 84. Requirement for Street Improvements on State Highway 74 — Parcel 1 is not required to make any street improvements or pay for any street improvements for State Highway 74 as part of this project. However, if Parcel 1 brings forth a development application for the site in the future, it would be subject to City review, approval and conditions in accordance with City ordinances and codes on development. 85. Proposed Emergency Access — Prior to Parcel Map recordation, a private ingress/egress easement, acceptable to the City Engineer, shall be reserved on the Parcel Map for the proposed secondary access that extends westerly from Parcel 2 along the northern portion of Parcel 1 to the western map boundary; and a separate instrument shall be acquired to complete this private access easement to the nearest public street beyond the western parcel map boundary. The Parcel Map shall dedicate a public emergency ingress/egress easement from Palomar Road in the northeastern corner of the site to the proposed emergency access at the southeastern corner of the approved Tentative Tract Map 34118 86. Offsite Property — The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with the development project. 87. Acceptance of Public Roadway Dedication and Improvements — Any easements for public purposes and ROW for public roadways shall be granted to the City of Menifee through the Parcel Map, or other acceptable recordable instrument. (See also the Street Dedications condition) Tentative Parcel Map No. 2018-320 23 of 41 94. Water Mains and Hydrants — All water mains and fire hydrants providing required fire flows shall be constructed in accordance with applicable City ordinances, and subject to the approval of the Public Works / Engineering Department and EMWD and the Riverside County Fire Department. G. NPDES AND WQMP All City of Menifee requirements for NPDES and WQM Ps 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 accordancewith the latest WQMP guidelines approved by the Regional Water Quality Control Board. 95. SWRC13, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries — collectively referred to as the "Trash Amendments." Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee's MS4. All trash full capture devices shall be listed on the State Board's current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water issues/programs/stormwater/trash i mplementation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city -owned storm drains or otherwise located within the public right of way. Prior to Issuance of Grading Permit 96. Final Project Specific WQMP (Final WQMP)— Prior to issuance of a grading permit, a Final WQMP shall be reviewed and approved by the Public Works / Engineering Department. The developer / property owner submitted a Preliminary WQMP, prepared by Albert A. Webb Associates, dated May, 2020, and the Parcel 1 Supplemental WQMP Memo, prepared by KWC Engineers, dated November24, 2020. The Public Works / Engineering Department has reviewed this report and memo and has approved this documentation. A Final WQMP shall be submitted in final engineering. The Final WQMP shall show that the proposed weir outlet structure is designed to ensure that workers can access both sides of this structure for maintenance purposes. 97. Revising the Final WQMP — In the event the Final WQMP requires design revisions that will substantially deviate from what was previously documented and approved, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing Tentative Parcel Map No. 2018-320 25 of 41 102. Maintenance Exhibit — Prior to Parcel Map recordation, the developer / property owner shall prepare an exhibit that shows all open space lots within the project development site and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the Public Works/ Engineering Department. 103. Onsite Maintenance Entity — PRIOR TO MAP RECORDATION, the following procedures for onsite maintenance procedures shall be complied with: a. A permanent master maintenance organization, such as a property owners' association, shall be established for the project area, to assume ownership and maintenance responsibility forall onsite areas, including but not limited to the onsite parking areas and landscaped areas. b. The maintenance organization shall be established prior to or concurrent with map recordation. 104. Use / Maintenance of Dedication Area and Owner Improvements — A portion of the project frontage along State Highway 74 shall be dedicated in accordance with the required street dedication (See Street Dedications condition in the TRAFFIC ENGINEERING, STREET IMPROVEMENTS, AND DEDICATIONS section). This area will be publicly dedicated to the City of Menifee as an easement on the recorded map, but certain existing improvements in this area (Owner Improvements) and any additional improvements that are constructed and installed in this area with the express consent / permission of the City, such as landscaping, may be used, and in such event shall be maintained, by the developer / property owner until the City requires that the dedicated area be used for road widening or other offsite improvements. This maintenance responsibility shall be established within a separate agreement between the City and the developer / property owner, which shall be executed and recorded prior to or concurrent with the parcel map recordation. The developer shall be responsible to pay all costs associated with the City Attorney's preparation and negotiation of the agreement. At a minimum, the agreement shall provide for the following: a. Upon recordation of the Parcel Map, the Owner Improvements constitute a nonconforming use of the dedication area, and absent the agreement, developer/property owner would have been legally obligated to immediately remove the Owner Improvements. b. The developer/property owner has requested, and City has agreed, subject to the terms of the agreement, to permit the developer/property owner to temporarily retain the Owner Improvements until such time as City notifies the developer/property owner that planning efforts are underway for the development of public improvements within the dedication area. c. The agreement will also provide for the following: 1. Temporary Retention of Owner Improvements. The developer/property owner shall will be permitted to temporarily retain and use the Owner Improvements, including any necessary Tentative Parcel Map No. 2018-320 27 of 41 a form acceptable to the city. (See also the Use / Maintenance of Dedication Area and Owner Improvements condition) e. The maintenance organization shall be established prior to or concurrent with the parcel map recordation. 106. Conditions, Covenants and Restrictions (Private Common Areas). In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA) shall be the mechanism to maintain such common areas. (See also the Use/ Maintenance of Dedication Area and Owner Improvements condition) 107. CC&R Content, Submittal Process and Timing — Prior to parcel map recordation, the developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following: a. One hard copy and an electronic version of the CC&R's. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R's shall: i, provide for the establishment of a property owner's association, ii, provide for the ownership of the common area by the property owner's association, iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project's approved WQMP. v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer. vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R's wet -signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R's prior to or concurrent with the recordation of the parcel map. Tentative Parcel Map No. 2018-320 29 of 41 Section IV: Riverside County Fire Department Conditions of Approval Tentative Parcel Map No. 2018-320 31 of 41 shall be constructed with a surface so as to provide all weather driving capabilities. 116. Access Road Widths. Fire Department vehicle access roads shall have a clear unobstructed width of not less than 24 feet for commercial, multifamily and track home roads with an unobstructed vertical clearance of not less than 13 feet 6 inches. Nothing can impede this clear width for fire department access. 117. Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent. 118. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Department Prior to Map Recordation 119. DRIVEWAY REQUIREMENTS- ECS map must be stamped by the Riverside County Surveyor with the following note: Access will not have an up, or downgrade of more than15%. Access will not be less than 24 feet in width per the 2019 CFC and will have a vertical clearance of 15'. Access will be designed to withstand the weight of 75 thousand pounds over 2 axles. Access will have a turning radius of 38 feet capable of accommodating fire apparatus. 120. GATE ENTRANCES- ESC map must be stamped by the Riverside County Surveyorwith the following note: Gate entrances shall beat least two feet wider than the width of the traffic lanes) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. here a one-way road with a single traffic lane provides access to a gate entrance, 38 feet turning radius shall be used. 121. FIRE EMERGENCY GATE- Gates serving as Fire Truck Access and second means of egress and ingress shall have gates free swinging gate access. Gates shall be operable from both directions. 122. WATER PLANS- The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 123. ECS Water -Combustible. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 124. HYDRANT WATER- ECS map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a building permit, a water system for fire protection must be provided, Tentative Parcel Map No. 2018-320 33 of 41 132. FIRE SPRINKLER- Install a complete commercial fire sprinkler system per (NFPA 13 2016 edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fine sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feetfrom the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16licensed contractormust submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 133. FIRE ALARM- Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads A C-10 licensed contractormust submit plans along with the current permit fees to the Fire Department for review and approval prior to installation. 134. HYDRANT VERIFICATION - Hydrant locations shall be identified by the installation of reflective markers (blue dots). 135. ADDRESSING- New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi -family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch-high letters and/or numbers on both the front and rear doors. Single family residences and multi -family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Department. 136. KNOX BOX- A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. Knox applications can be obtained from the Fire Prevention Department. 137. GATES & ACCESS- All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system AND Opticom Strobe for emergency access by firefighting personnel. 138. SITE PLAN (FIRE LANES)- The applicant shall prepare and submit to the Fire Prevention Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs. Tentative Parcel Map No. 2018-320 35 of 41 General Conditions 139. Riverside County Department of Environmental Health. The project shall comply with the Riverside County Department of Environmental Health letter dated May4, 2021 (attached at end of Conditions of Approval document). Tentative Parcel Map No. 2018-320 37 of 41 POTABLE «: TER SERVICE For exi;tiiig structures -'facilities, there is existuia service from Eastern Municipal Water District (EMLGD). For any new stnictrres facilities. tliev mast be conditioned to connect to EN-IXIM for water service. SEWAGE DISPOSAL,' 5 t\TTARI SEMIR SERVICE: The existing stntctmesr'facilities at this site are currently using onsite-wastewater treatment systems (OtETS)"septic for selvage disposal. DEH will continue to recommend that Complete uiformatiou to be submitted for the OWTS for review m accordance with DEH's Local Agency Management Program (LAI�IP)_ With the understanding that the project will bring sanitary server senace to the area and that the applicant intends to connect exhtinQ fscilities-strtctures to sanitary sewer service as part of the project scope, DEH recommends the following conditions: Prior to map recordation. applicant must provide establishment of seiner service to existing str cture54aciltties with approved plans from FMV64'D. Parcel map exhibits recorded must continue to document that new and existing strictures will be connected to EMT sanitary sewer service and the destntction of all eri5tniz OR,rTS Prior to issuance of my destruction permits for O%M or issuance of any type of building permits or changes in operation. it must be verified that existing structures -'facilities have properly connected to ENMD sanitary seder service. In any event that this protect does not connect wising facilides'structures at this location to EIvM'D sanitan• sexier senace. review of my 0%17S �septie will be subject to clearance from the Santa Ana Regional Water Quality Control Board. Please more that it is the r--poinihilig- of rlts developer to ansure altar all r egrrir enrenrs to obtain potable water service and zankary sewEr s€ivice. are rarer with the. appropriate putt q ors, as well as, all other applicable ag€raciss. ENN'IRON-NIE\TU C'LE OTP PROGIL��IS I C'P1 As part of the services offered to Contract Cities, the Department of Em iromnental health Environmental Cleanup Programs (ECP) conducts emiroinneutal reviews on planning projects to ensure that existing site conditions will not rneeativeizr affect human health or the em tronmeiit. The objective of the environmental relzews is: to determine if there are potential sources of environmental and,or Human exposures associated with the project. identify the significance of potential adverse effects from the contaminants. and evaluate the adegiutcy of mitigation measures for mini nim exposures and potential adverse effects liom existing contawination and+or hazardous substance handling The City of Mennifee is taking on the responsibility to review the above aspects of the project. Tentative Parcel Map No. 2018-320 39 of 41 END OF CONDITIONS The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print) Title (please print). Tentative Parcel Map No. 2018-320 41 of 41 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC21-537 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of June 2021 by the following vote: Ayes: LaDue, Thomas, White, Madrid, Diederich Noes: None Absent: None Abstain: None r nie Roseen, CMC Deputy City Clerk