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2021-03-24 Planning Commision Regular MEETING - Agenda PacketCity Council Chambers Via Live Video (see below) Menifee, CA 92586 Benjamin Diederich, Chair Randy Madrid, Vice­Chair   Jeff LaDue, Commissioner Chris Thomas, Commissioner David White, Commissioner AGENDA City of Menifee  Planning Commission  Regular Meeting Agenda Wednesday, March 24, 2021 6:00 PM Regular Meeting Cheryl Kitzerow, Director Stephanie Roseen, Clerk AS A RESULT OF THE COVID­19 VIRUS, AND RESULTING ORDERS AND DIRECTION FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA, AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE PERMITTED TO PHYSICALLY ATTEND THE MENIFEE MEETING TO WHICH THIS AGENDA APPLIES. YOU MAY PARTICIPATE IN THE MEETING BY: LIVE VIDEO: https://cityofmenifee.us/agendas and click on the “HTML Packet” icon under Documents. PUBLIC COMMENTS:To comment on an agenda item please submit your public comment to publiccomments@cityofmenifee.us. Please include your name and the item number(s) you wish to speak on. REGULAR MEETING (6:00 PM) 1.CALL TO ORDER  2.ROLL CALL  3. PLEDGE OF ALLEGIANCE  4. PRESENTATIONS ­ NONE  5.AGENDA APPROVAL OR MODIFICATIONS   6. PUBLIC COMMENTS (NON­AGENDA ITEMS) This is the time for members of the public to address the Commission about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Commission’s ability to respond to comments on non­ agendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item. Please submit public comments to publiccomments@cityofmenifee.us. 7. APPROVAL OF MINUTES  7.1 February 24, 2021 Minutes 8. CONSENT CALENDAR ­ NONE  9. PUBLIC HEARING ITEMS  9.1 “Menifee Montessori” Conditional Use No. PLN20­0223 and Plot Plan No. PLN20­0224 RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Planning Commission Resolution, approving Plot Plan No. PLN20­0224 subject to the Conditions of Approval and based upon the findings and conclusions incorporated in the staff report; and, 3. Adopt a Planning Commission Resolution, approving Conditional Use Permit No. PLN20­0223 subject to the Conditions of Approval and based upon the findings and conclusions incorporated in the staff report. 9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant ­ Conditional Use Permit No. PLN 20­0002 and Conditional Use Permit No. PLN 20­0004 and Plot Plan No. PLN 20­0003 RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Resolution approving Plot Plan PLN 20­0003, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report; and, 3. Adopt a Resolution approving Conditional Use Permit PLN 20­0002, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report; and, 4. Adopt a Resolution approving Conditional Use Permit PLN 20­0004, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report. 10. DISCUSSION ITEMS ­ NONE  11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS   12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES  13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS  14.ADJOURN  City of Menifee Planning Commission March 24,2021 Page 1 of 252 City Council ChambersVia Live Video (see below)Menifee, CA 92586Benjamin Diederich, ChairRandy Madrid, Vice­Chair  Jeff LaDue, CommissionerChris Thomas, CommissionerDavid White, Commissioner AGENDA City of Menifee Planning Commission Regular Meeting AgendaWednesday, March 24, 20216:00 PM Regular MeetingCheryl Kitzerow, DirectorStephanie Roseen, ClerkAS A RESULT OF THE COVID­19 VIRUS, AND RESULTING ORDERS AND DIRECTIONFROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OFCALIFORNIA, AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL ASTHE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BEPERMITTED TO PHYSICALLY ATTEND THE MENIFEE MEETING TO WHICH THIS AGENDAAPPLIES. YOU MAY PARTICIPATE IN THE MEETING BY:LIVE VIDEO: https://cityofmenifee.us/agendas and click on the “HTML Packet” icon underDocuments.PUBLIC COMMENTS:To comment on an agenda item please submit your public commentto publiccomments@cityofmenifee.us. Please include your name and the item number(s) youwish to speak on.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2.ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS ­ NONE 5.AGENDA APPROVAL OR MODIFICATIONS  6. PUBLIC COMMENTS (NON­AGENDA ITEMS)This is the time for members of the public to address the Commission about items which are NOT listedon the agenda. The Ralph M. Brown Act limits the Commission’s ability to respond to comments on non­agendized matters at the time such comments are made. Each speaker will be limited to three minuteson any single item. Please submit public comments to publiccomments@cityofmenifee.us. 7. APPROVAL OF MINUTES  7.1 February 24, 2021 Minutes 8. CONSENT CALENDAR ­ NONE  9. PUBLIC HEARING ITEMS  9.1 “Menifee Montessori” Conditional Use No. PLN20­0223 and Plot Plan No. PLN20­0224 RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Planning Commission Resolution, approving Plot Plan No. PLN20­0224 subject to the Conditions of Approval and based upon the findings and conclusions incorporated in the staff report; and, 3. Adopt a Planning Commission Resolution, approving Conditional Use Permit No. PLN20­0223 subject to the Conditions of Approval and based upon the findings and conclusions incorporated in the staff report. 9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant ­ Conditional Use Permit No. PLN 20­0002 and Conditional Use Permit No. PLN 20­0004 and Plot Plan No. PLN 20­0003 RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Resolution approving Plot Plan PLN 20­0003, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report; and, 3. Adopt a Resolution approving Conditional Use Permit PLN 20­0002, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report; and, 4. Adopt a Resolution approving Conditional Use Permit PLN 20­0004, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report. 10. DISCUSSION ITEMS ­ NONE  11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS   12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES  13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS  14.ADJOURN  City of Menifee Planning Commission March 24,2021 Page 2 of 252 Virtual Meeting City of Menifee Via Live Meeting Planning Commission Menifee, CA 92586 Meeting Minutes Benjamin Diederich, Chair Wednesday, February 24, 2021 Randy Madrid, Vice Chair 6:00 PM Regular Meeting Jeff LaDue, Commissioner Chris Thomas, Commissioner Cheryl Kitzerow, Director David White, Commissioner Stephanie Roseen, Clerk MINUTES City of Menifee Planning Commission Minutes February 24, 2021 Page 1 REGULAR MEETING (6:00 PM) 1.CALL TO ORDER Chair Diederich called the meeting to order at 6:07 PM. 2.ROLL CALL Present: Jeff LaDue, Randy Madrid, Chris Thomas, David White, Benjamin Diederich Absent: None 3.PLEDGE OF ALLEGIANCE Commissioner White led the flag salute. 4.PRESENTATIONS None. 5.AGENDA APPROVAL OR MODIFICATIONS The agenda was approved unanimously (5-0) with no modifications. 6.PUBLIC COMMENTS (NON­AGENDA ITEMS) None. 7.APPROVAL OF MINUTES The minutes were approved unanimously (5-0) with no modifications. 8.CONSENT CALENDAR None. Item Title:7.1 February 24,2021 Minutes Item Page Number:1 City of Menifee Planning Commission Minutes February 24, 2021 Page 2 AYES: LaDue, Thomas, White, Diederich, Madrid NAYS: None RECUSE: None 9.PUBLIC HEARING ITEMS 9.1 “Kingdom Hall” Reconstruction - Plot Plan No. PLN19-0065 Community Development Director Cheryl Kitzerow introduced Associate Planner Russel Brown. Mr. Brown provided a presentation and reported on the project location; description; site plan; landscape plan; hours of operation; architecture; public correspondence received regarding construction hours, dust control; exterior lighting; environmental review; and staff recommendation. The Commissioners inquired about the dust and noise control, proposed changes, landscape ground cover, and driveway locations. Chair Diederich opened the public hearing at 6:23 PM. Deputy City Clerk Stephanie Roseen stated the public hearing was legally noticed and no correspondence or public comments had been received. Applicant Joseph Van Haaster discussed the current use of the building and improvements to bring the building up to their needs. Mr. Van Haaster stated they agreed to the Conditions of Approval. Chair Diederich closed the public hearing at 6:25 PM. ACTION: Adopted Resolution No. PC21-524, approving Plot Plan No. PLN19-0065 subject to the Conditions of Approval, and based upon the findings and conclusions incorporated in the staff report. MOVER: Chris Thomas SECONDER: Randy Madrid 10.DISCUSSION ITEMS None. 11.COMMUNITY DEVELOPMENT DIRECTOR COMMENTS Community Development Director Cheryl Kitzerow stated the second Community Workshop and EIR scoping meeting for the Housing Element/General Plan update would be held virtually on February 25, 2021 at 6:00 PM. Ms. Kitzerow also stated the third workshop was tentatively scheduled for the spring of 2021 and the public hearing was anticipated to take place in the summer of 2021. Chair Diederich inquired about a new restaurant located in the Town Center. Item Title:7.1 February 24,2021 Minutes Item Page Number:2 City of Menifee Planning Commission Minutes February 24, 2021 Page 3 Commissioner LaDue commented on parking for Salt Creek Trail access. Ms. Kitzerow stated that the trail improvement was a County project, but City staff was looking into a solution for parking. 12.COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES Commissioner LaDue stated the Menifee Citizens Advisory Committee would be meeting soon to review applications. 13.FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS None. 14.ADJOURN Chair Diederich adjourned the meeting at 6:34 PM. ____________________________ Stephanie Roseen, CMC Deputy City Clerk Item Title:7.1 February 24,2021 Minutes Item Page Number:3 CITY OF MENIFEE SUBJECT: “Menifee Montessori” Conditional Use No. PLN20-0223 and Plot Plan No. PLN20-0224 MEETING DATE: March 24, 2021 TO: Planning Commission PREPARED BY: Russell Brown, Associate Planner REVIEWED BY: Ryan Fowler, Acting Planning Manager APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: Tom Aldrich, DSEA Architecture -------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION 1. Conduct a Public Hearing; and 2. Adopt a Planning Commission Resolution, approving Plot Plan No. PLN20-0224 subject to the Conditions of Approval and based upon the findings and conclusions incorporated in the staff report; and, 3. Adopt a Planning Commission Resolution, approving Conditional Use Permit No. PLN20-0223 subject to the Conditions of Approval and based upon the findings and conclusions incorporated in the staff report. PROJECT DESCRIPTION Plot Plan (PP) No. PLN20-0224 is for new construction of a 13,649 square foot childcare center (Montessori School) and full site improvements (including a playground area and parking lot) on a 1.6-acre lot at 26735 Newport Road. Conditional Use Permit No. PLN20-0223 is for a Day Care Center and/or Educational Institution that will operate Monday through Friday from 7:00AM to 6:00PM and will have a maximum capacity of 208 children (ranging in age from six [6] months to five [5] years) and 20-24 staff members. LOCATION The site is located south of Newport Road, west of Winterhawk Road, north of Rim Creek Path, and east of Evans Road at 26735 Newport Road (APN 360-020-033). Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:1 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 2 of 8 4 0 3 GENERAL PLAN/ZONE The project site zoning classification and General Plan land use designation is Economic Development Corridor – Newport Road (EDC-NR). The Newport Road subarea is intended for neighborhood-oriented commercial, office and institutional uses that support residential communities and development in the vicinity of this major traffic corridor. A day care center and educational institution may be permitted within the EDC-NR Subarea with the approval of a Conditional Use Permit. The project is consistent with the zoning classification and General Plan land use designation and is compatible with surrounding zoning and General Plan land uses. DISCUSSION Background The existing site was developed in 1979 with the construction of an approximate 1,500 sf single- family residence (BZ394996) on the southern half of the site, while the northern half has been used as a landscape bulk material storage yard. The current use of a landscape bulk material storage yard is not an allowed use under the EDC-NR designation. The site was previously zoned residential; however, the site was changed to EDC-NR as a part of the General Plan (2013). The applicant began discussing developing the site with city staff in early 2020 and submitted an official application with the Community Development Department on September 29, 2020. Site Plan The project proposes to demolish the existing single-family residence and construct a new 13,649 square foot childcare center (Montessori School) along with full site improvements, including a large playground area and parking lot. The front half (or eastern side) of the lot will consist primarily of the parking lot and associated landscape area, while the proposed building and outdoor play area will be located on the rear half (or western side) of the lot. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:2 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 3 of 8 4 0 3 Based on the number of employees and students (at maximum capacity) a total of 55 parking spaces are required, however, 56 are being proposed. A decorative bicycle rack supporting at least three (3) bicycles is being proposed to the left of the primary entrance along the front of the building. Site Plan Access and Circulation The project site is located approximately one mile west of Interstate 215 with frontage along Winterhawk Road. The site has approximately 232 lineal feet of street frontage and has two 24- foot-wide dual access driveways to Winterhawk Road, approximately 135 feet apart. Peak demand is expected to occur between the hours of 7:00AM – 9:00AM and 4:00PM – 6:00PM as the students are being dropped off or picked up. A “car-line” or student “pick-up/drop-off area” is not being proposed as parents/guardians are required to park their vehicle in the designated parking spaces and pick-up the student at the front gate or office. Based on the City of Menifee Traffic Impact Analysis Guidelines for Vehicle Miles Traveled (VMT), the proposed use of the Project is considered local-serving and will shorten existing trips by providing better access to childcare and education, and therefore, would screen out under “Step 3: Project Type Screening”. A VMT analysis was provided by the applicant, indicating that the project would also screen out under “Step 2: Low VMT Area Screening” since the project is located Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:3 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 4 of 8 4 0 3 within a low VMT-generating traffic analysis zone (TAZ) based on the Western Riverside Council of Governments (WRCOG) screening tool. Further VMT analysis was therefore not required. Landscaping and Screening The project site will include 17,522 sq. ft. of proposed landscaped area. This equates to approximately 25 percent of the project area (10 percent is required by the City’s Landscape Ordinance). Per the State of California (California Department of Social Services) requirements, there shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. The proposed total number of students is 208, resulting in a minimum of 15,600 square feet of outdoor activity space; greater than 19,000 square feet of outdoor space is being proposed. A variety of on-site planters and planting fingers will be used throughout the parking area to allow for shade trees and to soften the visual appearance. All on-site landscaping (trees and shrubs) was carefully chosen by the applicant, in an attempt, to avoid choking hazards (non-fruit bearing, nuts) and/or poisonous plants as students are under 5 years of age. A perimeter six (6) foot high, split face CMU block wall (with cap) is being proposed along the rear property line and a six-foot wrought iron fence is proposed off the sides of the building, in an effort, to enclose the play area and create a safe environment for the students and teachers. A trash enclosure will consist of a similar height (min. 6-foot) and material (CMU block and cap) as the perimeter block wall and will be located in front of the building, in the southwestern area of the parking lot. The Municipal Code requires the first parking space along a drive-aisle (allowing ROW ingress/egress) to be setback a minimum of 30 feet from the edge of right-of-way, to prevent vehicle backup or stacking to overflow into the street. However, to be consistent with the approved neighboring site to the north (automotive tire repair), a reduced distance of 22.34 feet is being proposed between the proposed right-of-way (32.34 feet including 10-foot ROW dedication) and the first parking stall along the northern driveway. Due to the lower traffic volumes on Winterhawk Road and trips generated by this site, the reduced spacing is not anticipated to cause circulation conflicts. The 22.34-foot setback will be landscaped and contain a parking lot light and a monument sign (separate plot plan required). All parking lot areas will contain landscape screening (existing and/or proposed) in the form of trees and hedges. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:4 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 5 of 8 4 0 3 Exterior Architecture The project was reviewed for compliance with the City-wide Design Guidelines that were adopted in April 2020. The proposed site is consistent with these guidelines and compatible with the architecture of the adjacent commercial sites. The proposed building consists of modern architectural elements including, but not limited to, standing seam metal roof features, colored fiber cement siding, wooden accent horizontal siding and a smooth exterior plaster finish (30/30). The roof lines are broken up to reduce the overall mass of the building and through the use of standing seam metal awnings, deep roof overhangs are provided creating shadow and depth to the facades while providing shade for the students. All roof-top mechanical equipment is screened behind the parapet wall and will not be visible from the adjacent right-of-way. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:5 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 6 of 8 4 0 3 Floor Plan and Layout The day care and school has varying classroom and suite sizes, generally broken down by the age of the students (6-months to 5-years). A conceptual floor plan was provided and shows the classrooms range in size from 430 sf to 1,022 sf, with the number of students ranging from 12 to 28. The applicant is required to comply with all state regulations set by the California Department of Social Services (CDSS). Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:6 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 7 of 8 4 0 3 ENVIRONMENTAL DETERMINATION The project is determined to be Categorically Exempt under Section 15332, “In-Fill Development Projects” (Class 32) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Section 15332, “In-Fill Development Projects” also applies as the project site is surrounded by “urban uses” and is consistent with the General Plan Policies and zoning designation. Furthermore, the project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. In addition, the proposed development is within the boundaries of the City of Menifee and is less than five (5) acres. The project has no value as habitat for endangered, rare or threatened species, because there is an existing single-family residence and landscape material storage yard, currently on the property. Lastly, the site is adequately served by all the necessary utilities and public services. FINDINGS Findings for the Conditional Use Permit and Plot Plan are included in the attached Resolution. PUBLIC NOTICE The proposed project was noticed on March 12, 2021 for the March 24, 2021 Planning Commission hearing. A public notice was published within The Press Enterprise. Notices were also mailed to property owners within a 500-foot radius of the project site and posted on the project site. All relevant public agencies were also notified of the public hearing. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:7 City of Menifee Planning Commission “Menifee Montessori” CUP No. PLN20-0223 & PP No. PLN20-0224 March 24, 2021 Page 8 of 8 4 0 3 ATTACHMENTS 1. Project Summary Table 2. Plot Plan Resolution 3. Plot Plan Conditions of Approval 4. Conditional Use Permit Resolution 5. Conditional Use Permit Conditions of Approval 6. Exhibits 7. Public Hearing Notice Package 8. Statement of Operations Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:8 PROJECT SUMMARY TABLE Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information General Plan General Plan Land Use Designation Economic Development Corridor – Newport Road (EDC-NR) Surrounding General Plan Land Use Designation North: Economic Development Corridor – Newport Road (EDC-NR) South: Economic Development Corridor – Newport Road (EDC-NR) West: Economic Development Corridor – Newport Road (EDC-NR) East: Specific Plan (Cal Neva) Zoning Existing Zoning Classification Economic Development Corridor – Newport Road (EDC-NR) Surrounding Zoning Classification North: Economic Development Corridor – Newport Road (EDC-NR) South: Economic Development Corridor – Newport Road (EDC-NR) West: Economic Development Corridor – Newport Road (EDC-NR) East: Specific Plan (Cal Neva) Other Information Existing Use Single-family Residential/Landscape Bulk Material Storage Yard Surrounding Uses North: Commercial South: Vacant/Residential East: Vacant/Commercial West: Vacant/Commercial Gross Acreage 1.60 Building Square Footage 13,649 sq. ft. (proposed) Floor Area Ratio .195 or 19.5% proposed, 1.0 or 100% allowed Parking Required/Parking Proposed 54 parking spaces / 55 parking spaces Landscaping Required/Landscaping Proposed 6,989 sf./17,552 sf. Assessor Parcel Numbers 360-020-033 Environmental Review CEQA Exempt – 15332 “In-fill Development” Policy Areas Mt. Palomar Lighting Influence Area District Information School: Menifee Union School District & Perris Union High School District Water/Sewer: Eastern Municipal Water District Flood Control: Riverside County Flood Control District (flood plain review not required) ALUC: N/A Fees 1. Development Impact Fees (DIF) 2. Western Riverside Multi-Species Habitat Conservation Plan (WRMSHCP) fee (Ord. No. 810) 3. Western Transportation Uniform Mitigation Fee (Ord. No. 824) 4. Subsequent review fees on an hourly basis per Resolution No. 18-741 (Cost of Services Fee Study) Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:9 Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information Letters Received None Source: Planning case file and GIS system, December 2020 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:10 RESOLUTION PC 21-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. PLN20-0224, MENIFEE MONTESORI LOCATED SOUTH OF NEWPORT ROAD, NORTH OF RIM CREEK PATH, EAST OF EVANS ROAD AND WEST OF BRADLEY ROAD (APN: 360-020-033) Whereas, on September 29, 2020, the applicant, Thomas Aldrich, on behalf of Abhishek Singh, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN20-0224 for new construction of a 13,649 square foot childcare center (Montessori School) and full site improvements (including a playground area and parking lot); and, Whereas, on September 29, 2020, the applicant, Thomas Aldrich, on behalf of Abhishek Singh, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN20-0223 to allow for a day care and educational institution within the Economic Development Corridor – Newport Road (EDC-NR); and, Whereas, on March 24, 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 for Plot Plan No. PLN20- 0224, 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 500 feet of the Project boundaries, and to persons requesting public notice and on-site posting; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1:The proposed project is consistent with the adopted General Plan and any applicable specific plan. Consistency with General Plan The project site zoning classification and General Plan land use designation is Economic Development Corridor – Newport Road (EDC-NR). The Newport Road subarea is intended for neighborhood-oriented commercial, office and institutional uses that support residential communities and development in the vicinity of this major traffic corridor. The project is consistent with the General Plan land use designation and is compatible with surrounding General Plan land uses. In addition, the project is consistent with the following City of Menifee General Plan policies: Project Design/ Building Design CD-5: Economic Development Corridors that are visually distinctive and vibrant and combine commercial, industrial, residential, civic, cultural, and recreational uses. CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:11 Plot Plan No. PLN20-0224 March 24, 2021 The proposed use of a day care and educational institution fits well within the EDC-NR land use category. The use serves as a transition and buffer between the existing uses along Newport Road (commercial retail) and the residential uses to the south of the project site. The Newport Road Corridor is intended to provide neighborhood-oriented commercial uses that support the adjacent residential development. The use combined with the vibrant architecture creates a visually distinctive site within the EDC-NR subarea of the General Plan and will set a precedent with high quality architecture and superb site design. CD-3.22: Incorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either Interstate 215 or residentially designated property. CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community. CD-3.17: Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses. The front half (or eastern side) of the lot will consist primarily of the parking lot and associated landscape area, while the proposed building and outdoor play area will be located on the rear half (or western side) of the lot. Public parkway and on-site landscaping in the form of low shrubs and trees will assist in screening on-site parking and vehicular activity. A masonry block trash enclosure with a decorative cap will have landscape vines on the exterior at 10 feet on center and an overhead decorative trellis and will screen the trash bins. All mechanical equipment will be hidden behind the decorative parapet feature. All proposed structures will utilize complementary colors, materials, and architectural features and, therefore, will be functionally and visually integrated. Community Design Features - Lighting CD-6.4  Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. CD-6.5  Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. Adequate onsite lighting will be provided for security and visibility. The project has been conditioned for all lighting fixtures to comply with Ordinance No. 2009-24, “Dark Sky Ordinance”, which will have the effect of limiting leakage and spillage of light. Section 2:Consistency with the Development Code. The Plot Plan meets all applicable standards for development and provisions of the Development Code: The project site zoning classification and General Plan land use designation is Economic Development Corridor – Newport Road (EDC-NR). As previously stated, the Newport Road subarea is intended for neighborhood-oriented commercial, office and institutional uses that support residential communities and development in the vicinity of this major traffic corridor. A day care center and educational institution may be permitted within the Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:12 Plot Plan No. PLN20-0224 March 24, 2021 EDC-NR Subarea with the approval of a Conditional Use Permit (separate CUP Resolution). The General Plan Land Use Designation and Zoning classification of the Economic Development Corridor are consistent and compatible with one another. The proposed Project meets all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. The Project meets all the Development Code standards of Title 9, including but not limited to, parking requirements, setbacks, landscape coverage, floor area ratio (FAR) and height requirements of the EDC-NR zone. The project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications subject to Planning Commission approval. The project incorporates architecture and landscaping which will enhance the area. Section 3: Surrounding Uses. The establishment, maintenance, or operation of the proposed Project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. 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 Department, Engineering and Public Works Department, Fire Department, Menifee Police Department, and Riverside County Environmental Health Department. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. 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 is consistent with the zoning code. Section 4:Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project is determined to be Categorically Exempt under Section 15332, “In-Fill Development Projects” (Class 32) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Section 15332, “In-Fill Development Projects” also applies as the project site is surrounded by “urban uses” and is consistent with the General Plan Policies and zoning designation. Furthermore, the project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. In addition, the proposed development is within the boundaries of the City of Menifee and is less than five (5) acres. The project has no value as habitat for endangered, rare or threatened species, because there is an existing single-family residence and landscape material storage yard, currently on the property. Lastly, the site is adequately served by all the necessary utilities and public services. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:13 Plot Plan No. PLN20-0224 March 24, 2021 BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby approves Plot Plan No. PLN20-0224 subject to the following: 1. The Findings set out above are true and correct. 2. Plot Plan No. PLN20-0224 is hereby approved subject to the Conditions of Approval set forth in Exhibit “1” to this Resolution. PASSED, APPROVED AND ADOPTED this the 24th day of MARCH, 2021. _________________________ Benjamin Diedrich, Chairman Attest: _______________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:14 Page 1 of 57 1 5 9 3 2 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: “Menifee Montessori” Plot Plan No. PLN20-0224 Project Description: Plot Plan (PP) No. PLN20-0224 – new construction of a 13,649 square foot childcare center (Montessori School) and full site improvements (including a playground area and parking lot) on a 1.6-acre lot at 26735 Newport Road. The site is located south of Newport Road, west of Winterhawk Road, north of Rim Creek Path, and east of Evans Road (APN: 360-020-033). Associated Applications: Conditional Use Permit No. PLN20-0223 is for a Day Care Center and/or Educational Institution that will operate Monday through Friday from 7:00AM to 6:00PM and will have a maximum capacity of 208 children (ranging in age from six [6] months to five [5] years) and 20-24 staff members. Assessor's Parcel No.:360-020-033 MSHCP Category:Commercial DIF Category:Service Commercial TUMF Category:Per WRCOG Quimby Category:N/A Approval Date:March 24, 2021 Expiration Date:March 24, 2024 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:15 Page 2 of 57 1 5 9 3 2 Within 48 Hours of the Approval of This Project 1.Filing Notice of Exemption (NOE). The applicant/developer shall deliver to the Community Development Department, a cashier's check or money order made payable to the County Clerk in the amount of fifty dollars ($50) for the County administrative fee, to enable the City to file the Notice of Exemption (NOE) for the project within forty-eight (48) hours of the approval of the project. 2.Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:16 Page 3 of 57 1 5 9 3 2 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Building and Safety Department Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:17 Page 4 of 57 1 5 9 3 2 Section I: Conditions Applicable to All Departments Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:18 Page 5 of 57 1 5 9 3 2 General Conditions 1.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT B = Elevations for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT G = Floor Plans for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT L = Conceptual Landscaping Plan for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224 dated 2/8/21 APPROVED EXHIBIT M = Colors and Materials for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT P = Photometric (Lighting) for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 3/9/21 2.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. 3.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 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. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:19 Page 6 of 57 1 5 9 3 2 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. 4.Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224. 5.Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 6.Business License. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business licensing, contact the City of Menifee. 7.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8.Expiration Date. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within three (3) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:20 Page 7 of 57 1 5 9 3 2 Section II: Community Development Department Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:21 Page 8 of 57 1 5 9 3 2 General Conditions 10.Comply with Ordinance. The development of these premises shall comply with the standards of the City Municipal Code and all other applicable ordinances and State and Federal codes. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, L and M unless otherwise amended by these conditions of approval. 11.Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan or building plan 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. 12.Completion of Conditions Prior to Operations. The proposed use approved under Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224 shall be not be established or operated until all required conditions (e.g., road pavement, landscaping installation, building improvements, etc.) of this Conditional Use Permit and Plot Plan have been completed to the satisfaction of the City. 13.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. 14.Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B and M. 15.Parking. Parking for the project site was determined through the Parking & Loading Standards in Chapter 9.215 of the City of Menifee Municipal Code as shown below. At maximum capacity, there will be a total of 26 employees (requiring 13 parking spaces) and 208 students (requiring 42 parking spaces), requiring a total of 55 parking spaces. A total of 56 parking spaces are being provided with the following breakdown: 49 regular parking spaces, three (3) accessible parking spaces, three Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:22 Page 9 of 57 1 5 9 3 2 (3) electric vehicle parking spaces and one (1) accessible electric vehicle parking space. ADA Parking Spaces: A minimum of three (3) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade or centered at a minimum height of thirty-six (36) inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Bicycle Racks: Bicycle racks or lockers with a minimum of three (3) spaces (55 spaces / 1 bicycle rack per 25 spaces = 2.20 racks) 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. 16.Freestanding Signage. A Sign Permit is required for the review and approval of all on-site signage (wall signs and monument sign). Review and approval of the Sign Permit shall occur prior to submitting construction drawings to the City Building and Safety Department for further review and approval. The project plans show a general location in the north east corner of the site for a proposed monument sign with a minimum 3-foot right-of-way setback; however, the heights, colors, materials, and surface areas of this sign were not proposed as part of this project and shall be review and approved under a separate Sign Permit. All future signs, including this monument, as well as wall signs, shall complement the design of the proposed building. 17.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. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:23 Page 10 of 57 1 5 9 3 2 18.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. 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 or upon the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 21.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. 22.Hours of Construction. Pursuant to Menifee Municipal Code, any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 23.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. 24.Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:24 Page 11 of 57 1 5 9 3 2 The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 25.Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. ARCHEOLOGY 26.Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 27.Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 28.Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:25 Page 12 of 57 1 5 9 3 2 iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” 29.Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation-In-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 IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:26 Page 13 of 57 1 5 9 3 2 curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. PALEONTOLOGICAL 30.Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:27 Page 14 of 57 1 5 9 3 2 remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 31.Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 32.Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 33.Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance (MMC 15.04) and the City of Menifee Landscape Standards (MMC 9.195). Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 34.Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. 35.Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. FEES 36.Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study). Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Grading Permit Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:28 Page 15 of 57 1 5 9 3 2 37.Rough and Precise Grading Plan Review. The Community Development Department shall review the rough and precise grading plans for consistency with the approved site plan and conceptual grading plan (APPROVED EXHIBIT A) and the conditions of approval. 38.AQMD Rule 402. The project developer shall implement the following measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment operating at the project site throughout the project construction phases. The project developer shall include in construction contracts the control measures as may be required under Rule 402, at the time of development, including the following: a. Keep all construction equipment in proper tune in accordance with manufacturer’s specifications. b. Use late model heavy-duty diesel-powered equipment at the project site to the extent that it is readily available in the South Coast Air Basin (meaning that it does not have to be imported from another air basin and that the procurement of the equipment would not cause a delay in construction activities of more than two weeks). c. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment (This measure does not apply to diesel-powered trucks traveling to and from the site). d. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas), if equipment is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment). e. Limit truck and equipment idling time to five minutes or less. f. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. g. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 39.Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:29 Page 16 of 57 1 5 9 3 2 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; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:30 Page 17 of 57 1 5 9 3 2 p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 40.Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: a. Project grading and development scheduling; b. The Project archeologist and the Consulting Tribes(s) shall attend the pre- grading meeting with the City, the construction manager and any Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:31 Page 18 of 57 1 5 9 3 2 contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 45.Paleontologist Required. Prior to the issuance of grading permits, the project applicant shall retain a qualified paleontologist approved by the Community Development Department to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the City Community Development Department for review and approval prior to the issuance of a grading permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and society of Vertebrate Paleontology standards, are as follows: 1. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. 2. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. 3. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:32 Page 19 of 57 1 5 9 3 2 4. If fossil remains are encountered by earthmoving activities when the project paleontologist is not on-site, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. 5. If fossil remains are found, fossilliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. 6. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains will then be curated (assigned and labeled with museum repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; placed in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, and associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. The City must be consulted on the repository/museum to receive the fossil material prior to being curated. 7. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the City for review and approval prior to final building inspection as described elsewhere in this condition set. All reports shall be signed by the project paleontologist and all other professionals responsible for the report’s content (e.g., professional geologist, professional engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the office of the City Community Development Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. 41.Native American Monitoring (Soboba). Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:33 Page 20 of 57 1 5 9 3 2 42.Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 38.Preconstruction Burrowing Owl Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within thirty (30) days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within thirty (30) days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity (except for agricultural production on-site which has been a historic and on-going use of the property) shall occur within the site until the burrowing owl study is reviewed and approved. 39.Nesting Bird Survey. If grading is to occur during the nesting season (February 1 – August 31), a nesting bird survey shall be conducted within ten (10) days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County. The findings shall be submitted to the City of Menifee Community Development Department for review and approval. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:34 Page 21 of 57 1 5 9 3 2 43.Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 1.6 -acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 44.Fees. Prior to the issuance of grading permits, the Community Development Department shall determine the status of any deposit-based fee accounts related to Conditional Use Permit No. PLN20-0223 and Plot Plan No. PLN20-0224. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 45.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, and M. Building and Safety will require the following items: i. Plans shall be designed to the provisions of the 2019 edition (or current) of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. ii. Electronic set of drawings shall be submitted along with structural calculations and Title 24 Energy documentation. iii. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. iv. All exterior lighting shall fall within current commercial standards. v. Separate plan submittal will be required by Riverside County Fire along with a formal transmittal issued by Building and Safety. 46.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. 47.Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:35 Page 22 of 57 1 5 9 3 2 48.Walls. The alignments, heights, and elevations of all perimeter walls shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT A and L. 49.Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. 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 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 Ordinance No. 2009-24. 50.Security Systems. Prior to the issuance of a building permit, the applicant shall prepare and obtain approval (from City of Menifee Police Department and/or Planning Division of the Community Development Department) of a security plan for the site. In addition to the common burglary/security alarm system, the applicant shall also install exterior cameras to monitor all parking stalls surrounding the exterior of this store. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. 51.Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view of the following: subject Shopping Center, adjacent properties, and the adjacent rights-of-way. 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. 52.Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month or as approved by the Police Department. The above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project or as approved by the Police Department. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. It should be noted that high-quality day/night vision LPR cameras are relatively inexpensive. The plan shall be approved prior to issuance of Building Permits. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:36 Page 23 of 57 1 5 9 3 2 The Menifee Police Department and/or Community Development Department shall verify that the security system has been installed prior to final occupancy. 53.HVAC. The developer shall utilize HVAC units with the lowest sound power level shall be selected. The HVAC units shall be installed as far as possible from residential land uses. The HVAC equipment shall be enclosed or shielded from off-site properties. 54.Screening of Accessory Structures. Screening of trash receptacles within trellised enclosures and encasing mechanical equipment within small structures compatible in color and materials to the adjacent landscaping or the primary structures shall be required and methods of screening shall be included on building plans and/or landscaping plans. LANDSCAPING 55.Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 56.Landscape and Irrigation Plans. The permittee shall submit Final Landscaping and Irrigation Plans to the Community Development Department for review and approval prior to installation. Said plan shall be submitted to the Division in the form of a plot plan application pursuant to Menifee Municipal Code along with the current fee. The plan shall be in compliance with APPROVED EXHIBIT L. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed. The location, number, genus, species, and container size of plants shall be shown. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping and Eastern Municipal Water District requirements. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. The irrigation plan shall be in compliance with Menifee Municipal Code Chapter 15.04, and include a rain shut-off device which is capable of shutting down the Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:37 Page 24 of 57 1 5 9 3 2 entire system. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. Director Authority to Defer. The Community Development Director shall have the authority to defer the requirement that the landscape and irrigation plans be approved prior to building permit issuance. Any deferral of the approval of the plans will be based on the status of the plans and severity of outstanding corrections. However, the requirement to submit plan prior to building permit issuance shall not be deferred. 57.Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. 58.Bicycle Racks. The landscaping plans shall show the location of bicycle racks. Where bicycle racks are placed in public view, the racks must be enhanced. 59.Tree Placement. Tree placement should avoid conflicts with parking lot lighting. 60.Basins. Planting in basins shall be consistent with Approved Exhibit L and the plants shall be of adequate height so that they can be seen above the curbs surrounding the basins and/or up to a minimum height of three (3) feet. 61.Double Detectors. Double detector check valve assemblies (backflow preventers) for landscape irrigation and domestic water shall not be located at visually prominent locations (such as the end of drive aisles or at site entries) and shall be well-screened with shrubs, berming, or low screen walls. FEES 62.Ordinance No. 17-232 (DIF). Prior to the issuance a building permit (for any of the commercial buildings), 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 environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:38 Page 25 of 57 1 5 9 3 2 63.Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 64.Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 65.Fees. Prior to issuance of building permits, the Community Development Department shall determine if any deposit-based fee accounts related to Plot Plan No. PLN20-0224 are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Final Inspection 66.Security System Inspection. The City of Menifee Police Department and/or Planning Division of the Community Development Department shall verify that the security system has been installed prior to final occupancy. 67.Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 68.Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 69.Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B. 70.Mechanical Equipment Enclosure. Prior to final occupancy, Community Development staff will verify that all ground-mounted mechanical equipment has been screened in compliance with the approved plans. 71.Roof Mounted Equipment. Prior to issuance of a certificate of occupancy, Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 72.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. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:39 Page 26 of 57 1 5 9 3 2 73.Lighting. Exterior lighting shall be consistent with the approved building plans. 74.Trash Enclosures. Trash enclosures which are adequate to enclose the required number of bins (per Waste Management) shall be located as shown on the Approved Exhibit A and L and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block (including masonry cap) with landscaping screening, roof covering and a solid gate which screens the bins from external view in compliance with Approved Exhibit L. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the City of Menifee Engineering Public Works Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 75.Condition Compliance. The Community Development Department shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 76.Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If 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. 77.Final Planning Inspection. The permittee shall 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, decorative paving, public plazas, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. LANDSCAPING 78.Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?” 79.Landscape/Irrigation Install Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:40 Page 27 of 57 1 5 9 3 2 fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 80.Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 81.Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 82.Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon Building Permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 83.Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if any deposit-based fee accounts related to the project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:41 Page 28 of 57 1 5 9 3 2 Section III: Public Works / Engineering Department Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:42 Page 29 of 57 1 5 9 3 2 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 all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS 84.Subdivision Map Act – The developer / property owner shall comply with the State of California Subdivision Map Act. 85.Mylars – All improvement plans, and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 86.Bond Agreement, Grading and Improvement Security – To guarantee the construction of all required grading and improvements, the developer / property owner shall enter into Bond Agreements and post security or bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to: onsite/offsite grading, erosion control, street improvements, street lights, traffic signals, signing and striping, public landscape improvements, recreational paseos, parks, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. Bond agreements and bond posting shall be required prior to grading, building, or construction permit issuance, whichever is applicable. It should be noted that with the exception of grading bond agreements, all other bond agreements require council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with City council calendar when requesting City approvals of Bond Agreements. 87.Bond Replacement, Reduction, and Releases – All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. Similarly, with the exception of grading bond agreements all other agreement changes require City Council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with City Council calendar when requesting changes to the bond agreements. 88.Existing and Proposed Easements - The final grading plan shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:43 Page 30 of 57 1 5 9 3 2 89.Plan Check Submittals - Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .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. 90.Plan Approvals – Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. 91.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 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). The timing for submitting the as- built plans shall be as determined by the Public Works Director / City Engineer. 92.Construction Times of Operation - The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the city located within one- fourth mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:44 Page 31 of 57 1 5 9 3 2 (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In 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 Inspection team prior to start of any construction activities for this site. 93.Dry Utility Installations – Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with current City Standards and Ordinances, or as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. B. GRADING AND DRAINAGE 94.Introduction – Improvement such as grading, filling, over excavation and re- compaction, and base or paving which require a grading permit are subject to the Public Works Department conditions of approval stated herein. 95.Grading Regulations Chapter 8.26 – Any construction activity such as over excavation, re-compaction, cut, fill, base or paving which require a grading permit and shall conform to the requirements of City Grading Regulations Chapter 8.26. Additionally grading permits are subject to the Public Works Department conditions of approval stated herein. 96.Regulations and Ordinance on Grading Within the City – In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare. 97.Grading Permit for Disturbed Soil – City ordinance on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 98.Dust Control – All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:45 Page 32 of 57 1 5 9 3 2 99.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department. 100.Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 101.Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Drip irrigation shall be used for all irrigated slopes. 102.Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect and bonded per applicable City ordinances. 103.Slope Stability Report – A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report. 104.Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with 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 Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. 105.Water Quality Management Plan - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP report. The developer / property owner shall comply with the requirements of the WQMP report, and City standards and specifications. 106.Design Grade Criteria: a. On-Site Parking – Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devices. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:46 Page 33 of 57 1 5 9 3 2 c. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2% or approved by the Public Works Director / City Engineer. Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 107.Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 108.Drainage & Terracing – Provide Drainage facilities and terracing in conformance with the California Building Code’s chapter on “Grading.” 109.Finish Grade – Shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than 2% for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 110.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 developer’s or owner’s expense. 111.Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 112.Alteration of Drainage Patterns – Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off-site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks. 113.Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. 114.10 Year Curb – 100 Year ROW - The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of- way. When either of these criteria is exceeded, additional drainage facilities shall Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:47 Page 34 of 57 1 5 9 3 2 be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 115.100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee Public Works / Engineering Department. 116.100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100 year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 117.100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. Prior to issuance of a grading permit, the proposed on-site storm drain system and sump pump shall be designed such that any ponding in the 100 year storm, shall be contained within the site; it shall not encroach onto any adjacent property, and shall maintain a minimum 1-foot freeboard to the proposed building pad elevation. The 100 year storm flow shall be conveyed to Winter Hawk Road via undersidewalk drains, and shall not flow over the proposed parkway or within the driveway approach. 118.Retaining Walls – Sections, which propose retaining walls, will require separate permits. They shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official. The walls shall be designed by a registered civil engineer and conform to City Standards. Prior to Grading Permit Issuance: 119.Geotechnical Report - Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application, shall be provided to the City Public Works / Engineering Department with initial submittal of a grading plan. If there is no approved report and/or said report is past the three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report. A pre-grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City Public Works - Inspection process. All grading shall be done in conformance with the recommendations of the City approved geotechnical/soils reports, and under the general direction of a licensed geotechnical engineer. 120.Drainage Study – Two copies of final drainage study (also referred to as Hydrology/Hydraulics Report) shall be submitted to the City for review and Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:48 Page 35 of 57 1 5 9 3 2 approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report. 121.Grading Permit for Clearing and Grubbing – City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities. 122.Compliance with NPDES General Construction Permit – The developer/ property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resources Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans. For additional information on how to obtain a GCP, contact the SWRCB. 123.SWPPP - Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer / property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City shall require submittal of NOTs for requests to fully release associated grading bonds. 124.SWPPP for Inactive Sites - The developer / property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working condition at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 125.Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer / property owner with the Public Works / Engineering Department. 126.Import/Export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Director / City Engineer Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:49 Page 36 of 57 1 5 9 3 2 for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26. 127.Offsite Grading – Prior to the issuance of a grading permit, it shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners; including any off-site grading required beyond the southeast corner of the project in order to construct the necessary transition on Winter Hawk Road. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. Prior to Building Permit Issuance: 128.Submit Plans – A copy of the improvement plans, grading plans, 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. All submittals shall be date stamped by the engineer and include a completed City Deposit or Fee Based Worksheet and the appropriate plan check fee or deposit. 129.No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structures or appurtenances, the developer / property owner shall obtain a grading permit and/or approval to construct from the Public Works / Engineering Department. 130.Final Rough Grading Conditions – Prior to issuance of a building permit for any new structures or appurtenances, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 131.Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Issuance of Certificate of Occupancy: 132.Final Grade Certification – The developer / property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit a signed and wet stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:50 Page 37 of 57 1 5 9 3 2 133.Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. 134.Plant & Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. C. STREETS AND DEDICATIONS 135.Street Improvements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. a.Winter Hawk Road – Winter Hawk Road shall be improved to a modified Industrial Collector designation with an ultimate half width Right of Way of 40 feet, 29 feet paved curb to centerline, and 11 feet wide parkway with 6 foot sidewalk adjacent to curb. Prior to issuance of a building permit, the developer shall construct or guarantee the construction of the public street improvements within Winter Hawk Road fronting the property to the centerline plus an additional 12 feet, as approved by the Public Works Director / City Engineer. Improvements shall be adequately transitioned back to the existing edge of pavement to the south with a minimum 10:1 transition as shown on the approved plot plan and preliminary grading plan. It shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. b.Reconstruction or Resurfacing of Winter Hawk Road – The Public Works Director / City Engineer may consider reconstruction or resurfacing of existing Winter Hawk Road paving fronting the development to meet existing conditions with acceptable overlays, provided the road is found to meet the minimum City standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing road is found to be substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full reconstruction as provided for in these conditions of approval. At the discretion of the developer, the existing pavement may be cored during project design to confirm the adequate section, and any findings shall be incorporated into the project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 136.Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:51 Page 38 of 57 1 5 9 3 2 investigation report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer. 137.Driveway Geometrics - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 138.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 CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following: a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. 139.Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways shall be granted to the City of Menifee through an acceptable recordable instrument. 140.ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 141.Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. 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. 142.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. 143.Signing and Striping – A signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:52 Page 39 of 57 1 5 9 3 2 144.Street Light Plan – Street lights requiring relocations, or any required new street lights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. 145.Street Sweeping and Pavement Maintenance. The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services and street pavement maintenance. Prior to Issuance of Building Permit Permit: 146.Encroachment Permits – The developer / property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 147.Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). 148.Winter Hawk Road Dedication. The developer / property owner shall construct or guarantee the construction of Winter Hawk Road to a modified Industrial Collector designation with an ultimate half width Right of Way of 40 feet, and 29 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Winter Hawk Road right of way fronting the development through an acceptable recordable instrument. Prior to Issuance of Certificate of Occupancy: 149.Winter Hawk Road Improvements – Winter Hawk Road fronting the development shall be improved to a modified Industrial Collector designation with and ultimate half width Right of Way of 40 feet and 29 feet paved curb to centerline. Improvements shall be adequately transitioned back to the existing edge of pavement to the south with a minimum 10:1 transition as shown on the approved plot plan and preliminary grading plan. It shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 150.Driveways and Driveway Approaches – Driveways and Driveway Approaches as shown on the approved plot plan shall be designed and constructed per City of Menifee No. 208 prior to issuance of Certificate of Occupancy. D. TRAFFIC ENGINEERING Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:53 Page 40 of 57 1 5 9 3 2 151.Traffic Impact Analysis Report – The development shall comply with all the improvements identified to be constructed or provided in the traffic impact analysis approved by the Public Works / Engineering Department. The traffic study was prepared by Linscott, Law & Greenspan, Engineers, and dated February 24, 2021. All required improvements identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director / City Engineer. Prior to Issuance of Construction Permit: 152.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 the grading plans, street improvement plans, and landscape improvement plans. 153.Signing and 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 CAMUTCD. 154.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 CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: a. 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 the grading plans, street improvement plans, and landscape improvement plans. b. Signing and 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 CAMUTCD. c. 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 CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:54 Page 41 of 57 1 5 9 3 2 Prior to Issuance of Certificate of Occupancy: 155.Construction of Roadway Improvements – The developer / property owner shall construct improvements on Winter Hawk Road to a modified Industrial Collector designation with an ultimate half width Right of Way of 40 feet and 29 feet paved curb to centerline as shown on the approved Site Plan, and as approved by the Public Works Director / City Engineer. E. NPDES and WQMP 156.Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 157.Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a. Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. b. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a. The trash enclosure shall be lockable and locked when not in use with a 2- inch or larger brass resettable combination lock. Only employees and staff Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:55 Page 42 of 57 1 5 9 3 2 authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c. Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 158.SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_imple mentation.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 Grading Permit Issuance: 159.Final Project-Specific Water Quality Management Plan (Final WQMP) – Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works / Engineering Department. The final developed project construction plans shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works / Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a. Hydrology/hydraulics report b. Soils Report that includes soil infiltration capacity 160.Revising the Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:56 Page 43 of 57 1 5 9 3 2 161.WQMP Maintenance Agreement – All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy: 162.WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District’s NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 163.Implement WQMP - All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational. 164.Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:57 Page 44 of 57 1 5 9 3 2 F. WATER, SEWER, AND RECYCLED WATER 165.Meet Minimum Standards – All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 166.Utility Improvement 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. 167.Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit issuance, and approval of improvement plans. 168.Sewer Lines – Any new sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 169.Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) Prior to Building Permit Issuance: 170.Annexation to the Citywide Community Facilities District (CFD) –Prior to building permit issuance, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services). The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director / City Engineer. The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the citywide CFD. 171.CFD Annexation Agreement – In the event timing for this development’s schedule prevents the developer / property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:58 Page 45 of 57 1 5 9 3 2 agreement to allow the annexation to complete prior to issuance of a Building Permit. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit. 172.Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plan for review and approval by the Public Works / Engineering Department. 173.CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 174.Landscaping on Winter Hawk Road – The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Winter Hawk Road shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 175.Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. H. WASTE MANAGEMENT 176.AB 341 - AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#m andatory Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:59 Page 46 of 57 1 5 9 3 2 177.AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal: a. Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought 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 Issuance: 178.Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 179.Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:60 Page 47 of 57 1 5 9 3 2 C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Issuance of Certificate of Occupancy 180.Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer. I.FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 181.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), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), Road and Bridge Benefit District (RBBD) Fee, and any applicable regional fees. 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. 182.Road Bridge Benefit District (RBBD) – This project is within the Menifee Valley Zone C Road Bridge and Benefit District (RBBD). The applicant shall pay the RBBD fees based on the designated land use and areas, prior to issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. 183.TUMF Fees – Prior to the issuance of an occupancy permit, the developer / property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:61 Page 48 of 57 1 5 9 3 2 Section IV: Building and Safety Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:62 Page 49 of 57 1 5 9 3 2 184. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 185. Compliance with Code. All Design components shall comply with applicable provisions of the 2019 edition of the California Building, Plumbing and Mechanical Codes; 2019 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. 186. 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. 187. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a “photometric study” showing compliance with County of Riverside Mount Palomar Ordinance Number 655P 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. 188. 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. 189. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 190. Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 191. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:63 Page 50 of 57 1 5 9 3 2 192. On-Site Sanitary Sewer and Domestic Water Plan Approvals. On-site sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety. A total of 6 sets shall be submitted. 193. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 194. 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. 195. 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. 196. Protection and penetration. Protection of joints and penetrations in fire resistance- rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Officials/Fire Marshal’s approval. At Plan Review Submittal 197. 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 or, one set of each document listed above for electronic submittals for review and approval including: a. An electrical plan including load calculations and panel 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. d. Eastern Municipal Water District (EMWD) First Release Required. Prior to Issuance of Grading Permits 198. On-site Domestic Water and Sanitary Sewer Plans. On-site domestic water and sanitary sewer plans, submitted separately from the building plans, shall be submitted to Building & Safety for review and approval. 199. Demolition Permits. (If 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 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:64 Page 51 of 57 1 5 9 3 2 and a Permit/Release shall be submitted to Building and Safety, Prior to Permit Issuance. Prior to Issuance of Building Permits 200. 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. 201. Each Department is required to Approve, with a signature. Prior to Start of Construction 202. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Prior to Temporary Certificate of Occupancy 203. 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 Approval that remain outstanding with a signature. Prior to Certificate of Occupancy 204. Each department is required to Review and Approve with a Signature, once ALL Conditions of Approval have been Met/Approved. Prior to Final Inspection 205. 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. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:65 Page 52 of 57 1 5 9 3 2 Section V: Riverside County Fire Department Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:66 Page 53 of 57 1 5 9 3 2 General Conditions 206. CITY CASE STATEMENT. With respect to the conditions of approval for the referenced project, the Fire Dept. recommends the following fire protection measures be provided in accordance with City of Menifee and Riverside County Ordinances and / or recognized fire protection standards. 207. FIRE DEPARTMENT ACCESS. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and a vertical clearance of not less than 13 feet 6 inches. 208. 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 axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road. 209.HYDRANT LOCATION- Fire Hydrants shall be located within 400’ of all exterior portions of the structures, measured along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by the California Fire Code and Riverside County Fire Department. 210. HYDRANTS – Approved Super Hydrants, (6”x4”x 2 2 ½) shall be located at each street not more than 350 feet apart in any direction, with no portion of any lot frontage more than 210 feet from any hydrant. 211. SPRINKLER SYSTEM - NFPA 13 Fire Sprinkler are required per California Fire Code, California Building Code and Ordinance 460 as adopted by the City of Menifee. (THE SPRINKLER SYSTEM SHALL BE UP GRADED AND USED AS AM&M AS APPORVED FOR THE ACCESS ROAD TO THE REAR OF BUILDING) 212. BLUE DOT REFLECTORS- Blue retro – reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placements of markers must be approved by the Riverside County Fire Department. 213. FIRE FLOW- The water mains shall be capable of providing a min. fire flows per CFC. Appendix B. 214. 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. 215. CONSTRUCTION - Fire safety during construction shall comply with the requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33) 216. REQUIRED ACCESS FOR FIRE FIGHTING DURING CONSTRUCTION- Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:67 Page 54 of 57 1 5 9 3 2 either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire access roads are available. 217. WATER PRIOR TO CONSTRUCTION - The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any commencement of construction. (THIS DOES NOT SUFFICE FOR TEMPORARY WATER SUPPLY) 218. ADDRESS – Commercial buildings shall display street numbers in a prominent location on the street side and rear access locations. The numerals shall be a minimum of twelve inches in height. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:68 Page 55 of 57 1 5 9 3 2 Section VI: Riverside County Environmental Health Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:69 Page 56 of 57 1 5 9 3 2 General Conditions 219.Potable Water and Sanitary Sewer. A “General Condition” shall be placed on the project indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as all other applicable agencies. 220.Removal/Abandonment of Any Existing OWTS And Wells. Prior to building permit issuance, any existing wells and/or existing on-site wastewater treatment systems (OWTS) shall be properly removed and/or destroyed under permit with DEH. 221.Environmental Cleanup Programs (RCDEH-ECP). If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact Riverside County Environmental Health - Environmental Cleanup Programs at (951) 955- 8980, for further information. 222.District Environmental Services (DES). Floorplans provided for the review of this project did not include plans for a kitchen or other type of operation that handles food. If in the future there is a proposal to serve food from this site, the plans will require review by DES to ensure compliance with applicable California Health and Safety Codes. An annual operating permit for the food facility may be required. Please contact the Hemet DES office at (951) 766-2824. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:70 Page 57 of 57 1 5 9 3 2 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) Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:71 RESOLUTION PC 21-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. PLN20-0223, MENIFEE MONTESORI LOCATED SOUTH OF NEWPORT ROAD, NORTH OF RIM CREEK PATH, EAST OF EVANS ROAD AND WEST OF BRADLEY ROAD (APN: 360-020-033) Whereas, on September 29, 2020, the applicant, Thomas Aldrich, on behalf of Abhishek Singh, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN20-0223 to allow for a day care and educational institution within the Economic Development Corridor – Newport Road (EDC-NR); and, Whereas, on September 29, 2020, the applicant, Thomas Aldrich, on behalf of Abhishek Singh, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN20-0224 for new construction of a 13,649 square foot childcare center (Montessori School) and full site improvements (including a playground area and parking lot); and, Whereas, on March 24, 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 for Conditional Use Permit No. PLN20-0223, 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 500 feet of the Project boundaries, and to persons requesting public notice and on-site posting; 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 proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan: Consistency with General Plan The project site zoning classification and General Plan land use designation is Economic Development Corridor – Newport Road (EDC-NR). The Newport Road subarea is intended for neighborhood-oriented commercial, office and institutional uses that support residential communities and development in the vicinity of this major traffic corridor. The project is consistent with the General Plan land use designation and is compatible with surrounding General Plan land uses. In addition, the project is consistent with the following City of Menifee General Plan policies: Project Design/ Building Design CD-5: Economic Development Corridors that are visually distinctive and vibrant and combine commercial, industrial, residential, civic, cultural, and recreational uses. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:72 Conditional Use Permit No. PLN20-0223 March 24, 2021 CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. The proposed use of a day care and educational institution fits well within the EDC-NR land use category. The use serves as a transition and buffer between the existing uses along Newport Road (commercial retail) and the residential uses to the south of the project site. The Newport Road Corridor is intended to provide neighborhood-oriented commercial uses that support the adjacent residential development. The use combined with the vibrant architecture creates a visually distinctive site within the EDC-NR subarea of the General Plan and will set a precedent with high quality architecture and superb site design. CD-3.22: Incorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either Interstate 215 or residentially designated property. CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community. CD-3.17: Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses. The front half (or eastern side) of the lot will consist primarily of the parking lot and associated landscape area, while the proposed building and outdoor play area will be located on the rear half (or western side) of the lot. Public parkway and on-site landscaping in the form of low shrubs and trees will assist in screening on-site parking and vehicular activity. A masonry block trash enclosure with a decorative cap will have landscape vines on the exterior at 10 feet on center and an overhead decorative trellis and will screen the trash bins. All mechanical equipment will be hidden behind the decorative parapet feature. All proposed structures will utilize complementary colors, materials, and architectural features and, therefore, will be functionally and visually integrated. Community Design Features - Lighting CD-6.4  Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. CD-6.5  Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. Adequate onsite lighting will be provided for security and visibility. The project has been conditioned for all lighting fixtures to comply with Ordinance No. 2009-24, “Dark Sky Ordinance”, which will have the effect of limiting leakage and spillage of light. Section 2:The proposed design and location of the conditional use meet all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:73 Conditional Use Permit No. PLN20-0223 March 24, 2021 The project site zoning classification and General Plan land use designation is Economic Development Corridor – Newport Road (EDC-NR). The purpose of the Economic Development Corridor is to establish business districts in the City that provide appropriate locations for commercial, office, industrial and economic development. The purpose of the Newport Road Subarea is to provide a buffer and transition from the commercial corridor to the adjacent single-family residential neighborhoods. The General Plan Land Use Designation and Zoning classification of the Economic Development Corridor are consistent and compatible with one another. A day care center and educational institution may be permitted within the EDC-NR Subarea with the approval of a Conditional Use Permit. The proposed Project meets all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. The Project meets all the Development Code standards of Title 9, including but not limited to, parking requirements, setbacks, landscape coverage, floor area ratio (FAR) and height requirements of the EDC-NR zone. The project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications subject to Planning Commission approval. Section 3: That the proposed site is adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity. As previously stated, the Newport Road subarea is intended for neighborhood-oriented commercial, office and institutional uses that support residential communities and development in the vicinity of this major traffic corridor. The size and shape of the building and use are consistent with similar uses throughout the city and furthermore, throughout the state, as licensing compliance with the California Department of Social Services (CDSS) is required at all times. The EDC-NR standards allow for a 1.0 FAR, and the project is proposing a FAR of 0.19. The size and shape of the proposed building and use were analyzed and have been found to be consistent with other uses in the vicinity. Section 4: That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. 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 Department, Engineering and Public Works Department, Fire Department, Menifee Police Department, and Riverside County Environmental Health Department. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. 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 is consistent with the zoning code. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:74 Conditional Use Permit No. PLN20-0223 March 24, 2021 Section 5:Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project is determined to be Categorically Exempt under Section 15332, “In-Fill Development Projects” (Class 32) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Section 15332, “In-Fill Development Projects” applies as the project site is surrounded by “urban uses” and is consistent with the General Plan Policies and zoning designation. Furthermore, the project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. In addition, the proposed development is within the boundaries of the City of Menifee and is less than five (5) acres. The project has no value as habitat for endangered, rare or threatened species, because there is an existing single-family residence and landscape material storage yard, currently on the property. Lastly, the site is adequately served by all the necessary utilities and public services. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby approves Conditional Use Permit No. PLN20-0223 subject to the following: 1. The Findings set out above are true and correct. 2. Conditional Use Permit No. PLN20-0223 is hereby approved subject to the Conditions of Approval set forth in Exhibit “1” to this Resolution. PASSED, APPROVED AND ADOPTED this the 24th day of MARCH, 2021. _________________________ Benjamin Diedrich, Chairman Attest: _______________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:75 Page 1 of 10 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: “Menifee Montessori” Conditional Use Permit No. PLN20- 0223 Project Description: Conditional Use Permit No. PLN20-0223 is for a Day Care Center and/or Educational Institution that will operate Monday through Friday from 7:00AM to 6:00PM and will have a maximum capacity of 208 children (ranging in age from six [6] months to five [5] years) and 20-24 staff members. Associated Applications: Plot Plan (PP) No. PLN20-0224 – new construction of a 13,649 square foot childcare center (Montessori School) and full site improvements (including a playground area and parking lot) on a 1.6-acre lot at 26735 Newport Road. The site is located south of Newport Road, west of Winterhawk Road, north of Rim Creek Path, and east of Evans Road (APNs 360- 020-033). Assessor's Parcel No.:360-020-033 Approval Date:March 24, 2021 Expiration Date:March 24, 2024 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:76 Page 2 of 10 Within 48 Hours of the Approval of This Project 1.Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 2.Filing Notice of Exemption. The applicant/developer 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 ($50) for the County administrative fee, to enable the City to file the Notice of Exemption (NOE) for the project within forty-eight (48) hours of the approval of the project. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:77 Page 3 of 10 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:78 Page 4 of 10 Section I: Conditions Applicable to All Departments Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:79 Page 5 of 10 3.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT B = Elevations of Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21. APPROVED EXHIBIT L = Conceptual Landscaping for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 APPROVED EXHIBIT M = Colors and Materials for Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224, dated 2/5/21 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.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 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. 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.Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Conditional Use Permit (CUP) No. PLN20-0223 and Plot Plan (PP) No. PLN20-0224. 7.Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:80 Page 6 of 10 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. 8.Business License. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 9.Expiration Date. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a 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-(3)-year period, the permittee may request up to a three-(3)-year extension of time in which to begin substantial construction or use of this permit. Should the three-(3)-year extension be obtained and no substantial construction or use of this permit be initiated within six (6) years of the approval date this permit, shall become null and void. 10.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:81 Page 7 of 10 Section II: Community Development Department Conditions of Approval Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:82 Page 8 of 10 General Conditions 11.Comply with Ordinances. The development of these premises shall comply with the standards of the City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. 12.Compliance with Plot Plan No. PLN 20-0224. The general site development standards as well as the site design, layout, location, setbacks, parking, landscaping, walls, building elevations, and other features for the day care and educational institution shall be in substantial conformance with those approved for Plot Plan No. PLN 20-0224. 13.Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 14.Licensing and Inspections. It is the responsibility of the applicant to achieve and maintain all requisite permits and licensing, such as from the Riverside County Department of Environmental Health and the California Department of Social Services (CDSS). 15.Outdoor Area. An outdoor area not less than 75 square feet per child or person receiving services shall remain open and accessible throughout the life of the project. Based on the anticipated number of students (208), an outdoor area of not less than 15,600 square feet shall remain in place (19,000 square feet proposed). 16.Parking. All on-site parking shall comply with the provisions of Chapter 9.215 (Parking and Loading Standards). All on-site parking and circulation shall be in compliance with Exhibit A at all times. 17.Signage. No signage has been approved as part of this development. No other 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. Prior to the installation of any additional on-site advertising display or structure, the permitee shall submit a Sign Permit application for signage, including applicable fees to the Community Development Department for review and approval. Any proposed signage shall be in substantial conformance with the approved signage locations as shown on Exhibit A, B and L. 18.Statement and Hours of Operation. The project shall comply with the “Letter of Justification” Letter dated August 28, 2020. Typical hours of operation for the proposed facility will be 7:00AM to 6:00PM, Monday – Friday and will be closed on weekend and holidays. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:83 Page 9 of 10 19.Occupancy. The Day Care Center or Educational Institution will have a maximum capacity of 208 children (ranging in age from six (6) months to five (5) years) and 20- 24 staff members. 20.Outdoor Events/Temporary Uses. No outdoor or temporary events are anticipated however, should such events arise, a temporary use permit, shall be required as described in the Menifee Municipal Code Chapter 9.105. 21.No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers, other than those shown on APPROVED EXHIBIT A, will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 22.Subsequent Review. No expansion of the site or the use shall occur without subsequent reviews and approvals from the Planning Department before such expansion. 23.Ceased Operations. In the event the uses hereby permitted cease operation for a period of one (1) year or more, excluding renovation and casualty, this approval shall become null and void. Prior to Building Permit Issuance 24.Security Systems. Prior to the issuance of a building permit, the applicant shall prepare and obtain approval (from City of Menifee Police Department and/or Planning Division of the Community Development Department) of a security plan for the site. In addition to the common burglary/security alarm system, the applicant shall also install exterior cameras to monitor all parking stalls surrounding the exterior of this store. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. Security cameras shall be installed in the interior of this business that records the shopping aisles as well as the counters and cash registers. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. Prior to Final Occupancy 25.Security System Inspection. The City of Menifee Police Department and/or Planning Division of the Community Development Department shall verify that the security system has been installed prior to final occupancy. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:84 Page 10 of 10 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) Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:85 A-1 Plotted on 2/4/2021 at 11:33 AM P:\749 Menifee Montessori\749 BIM-CAD Files\749 ArchiCAD Models\749 Menifee Montessori Flat Roof.pln Title Sheet, Project Data & Proposed Site Plan Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 145 S. Olive StreetOrange, CA 92866T: 714.639.3958F: 714.639.1744 dely@dsearchitecture.com Revisions By 2A-2 36 ' - 1 1 3/4 " 19 ' - 8 3/4 " 9'-0 " Ty p .18'-0"Typ. 6'- 0 " 24 ' - 0 " 18' - 0 " 3'- 7 1/4 " 4'- 3 " 24 ' - 0 " 24'-0" 5'-0" 18'-0"24'-0"18'-0" 6'-3 1/2" 10'-0" 1'-0" 9'- 3 1/4 " 45 ' - 0 " 9'- 0 " 8'- 0 " 9'-0 " 9'-0 " 13 ' - 0 " 9'- 0 " 9'- 0 " 8'- 0 " 9'-0 " 45 ' - 0 " 1'- 0 " 18' - 0 " 23'-8 1/4"10'-0"1'-0" 6'- 0 " 6'- 3 1/4 " 250 ' - 0 " 20'-0" 20 ' - 0 " 20 ' - 0 " 20'-0" 9'- 1 " 17 ' - 8 1/2 " 17 ' - 1 3/4 " 8'- 6 1/2 " 26' - 7 " 26 ' - 5 3/4 " 35 ' - 1 " 35 ' - 2 1/4 " 85'-2 3/4" 78'-3 1/4"61'-9 1/4" 78'-0 1/4" 86'-4 1/4" 8'-1 1/2" 5'-0" 6'-0" 93'-6"30'-0" 5'- 2 " 1'-0 " 3'-0 " Min . 3'-0" Min. R 38'-0" R 14'-0" R 38'-0" R 14'-0" A-AA-1 F-FA-1 1.01 1.03 1.04 1.05 2.01 2.01 1.07 1.09 1.10 1.11 1.04 1.04 1.12 1.13 1.14 1.16 1.17 1.19 1.20 1.07 1.261.25 1.26 1.28 1.291.29 1.05 1.051.05 1.25 1.31 1.321.32 1.32 1.33 EVVAN VA N EV EV EV PlaygroundArea15,600s.f.min. Win t e r Ha w k Ro a d ADJACENTPROPERTYNOT IN SCOPEEDC-NR ZONE AUTO REPAIR APN-360-020-032 300.85' 300.85' 23 2 .29 ' 23 2 .29 ' ADJACENTVACANTUNDEVELOPED PROPERTY EDC-NR ZONEAPN-360-020-032 ADJACENTVACANTUNDEVELOPED PROPERTY EDC-NR ZONEAPN-360-020-028 ADJACENT VACANT UNDEVELOPED PROPERTYEDC-NR ZONE APN-360-020-034 TrashEncl. N89°53'00"E N00 °14 '40 "E N89°53'00"E N00 °14 '40 "E ProposedEarly ChildhoodEducation Center13,649s.f. Existing PropertyBeing Used as aLandscape Nursery& Storage Yard Property is in aMinimal FloodHazard Zone& is not locatedin a liquefaction zone (29) (29) (29) (29) (29 ) (29 ) (29) (29) (28) (28)(28) (28) (28 ) (29) (28) (28) (30) (30) (30) (30 ) 124'-9" 4'-0" 4'-0" 6'-0" 18'-0"Typ. 20'-0"10'-8"5'-0" 54'-0"22'-11 1/2"10'-0"1'-0" 6'-7 1/2" 4'-6" 18'-0" 1'-0" 72'-0"22'-4 1/2"10'-0" 1'-0" 5'- 0 3/4 " 18 ' - 0 " 24 ' - 0 " 6'- 0 " 6'- 0 " 13'-3" 37 ' - 2 3/4 " 123'-6 3/4" 81'-9" B-BA-1 E-EA-1 C-CA-1 D-DA-1 1.02 2.01 2.01 1.061.06 1.08 1.09 1.09 1.09 1.09 1.09 1.09 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15+30.86FF +30.86FF+30.86FF +30.86FF +30.86FF +30.86FF +30.86FF +30.86FF+28.0FG +27.5FG +27.8FG +29.7AC +29.7AC +29.7AC +30.1AC +30.1AC +30.1TC +30.1FG 1.18 1.21 1.21 1.21 1.22 1.22 1.21 1.21 1.241.241.23 1.27Typ. 1.30Typ. APN-360-020-033 A.C. Paving Conc. Sidewalk Landscaping/Playground Area. Property Line NEWPORT ROADCL PURPOSE OF SURVEY FLOOD ZONE INFORMATION LIST OF ENCROACHMENTS BASIS OF BEARINGS VIC LEGAL DESCRIPTIONLEGEND BENCH MARK GRAPHIC SCALE EASEMENT NOTES KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEEENGINEERING DEPARTMENT SECTION DETAILSPARCEL MAP 656 GRADING PLAN ANACAL ENGINEERING CO.CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEEENGINEERING DEPARTMENT SECTION DETAILS PARCEL MAP 656GRADING PLAN ANACAL ENGINEERING CO. CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEEENGINEERING DEPARTMENT SECTION DETAILS PARCEL MAP 656GRADING PLAN ANACAL ENGINEERING CO. CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEEENGINEERING DEPARTMENT SECTION DETAILS PARCEL MAP 656GRADING PLAN ANACAL ENGINEERING CO.CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEE ENGINEERING DEPARTMENT SECTION DETAILSPARCEL MAP 656GRADING PLAN ANACAL ENGINEERING CO.CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD 6'- 0 " Ma x . 1" Overhang, Typ. Finish gradeelevation varies Fully grouted split faceCMU block wall Precast conc. wall cap.Color to match wall Conc. footing Project Property Adjacent property KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEEENGINEERING DEPARTMENT SECTION DETAILS PARCEL MAP 656GRADING PLAN ANACAL ENGINEERING CO.CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD BENCHMARK ASSESSORS PARCEL NUMBER LEGAL DESCRIPTION BASIS OF BEARINGS APPRO;IMATE EARTHWORK 4UANTITIES UTILITY STATEMENT SECTION FF (STREET IMPROVEMENT) KnRZ ZhaW V EelRZ. Call EeIRre yRu dig.2 SHEET NO. 2 3 ;;;;;; CITY OF MENIFEEENGINEERING DEPARTMENT SECTION DETAILS PARCEL MAP 656GRADING PLAN ANACAL ENGINEERING CO. CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY-OB NO. 20050PRELIMGPREVISIONS WDID BBBBBB SECTION AA SECTION BB SECTION CC SECTION EE SECTION DD N Proposed Site Plan Keynotes 1.01 Dashed line represents accessible path of travel with maximum running slope of 5% and cross slope of 2%. 1.02 CMU trash enclosure with overhead trellis and solid roof constructed per city standards. Refer to Floor Plan and Elevations on A-2 1.03 Dashed line represents 10' wide dedication easement for right of way improvements required.1.04 New conc. sidewalk constructed in public right of way. 1.05 Playground Area. Refer to Conceptual Landscape Plan for more information.1.06 Location of EV chargers 1.07 Location of accessible parking. Entire parking stall and access aisle shall have a max. slopeof 2% in all directions. 1.08 Location of bicycle storage racks. (3) spaces provided. Ensure clear width of 6' and depth of6' with a 5' wide manuevering space beyond 1.09 Location of exterior support columns for canopy. Refer to Exterior Elevations for more information. 1.10 Location of adjoining property lines 1.11 Dashed line represents existing mobile home to be removed.1.12 Hatched area represents 11' wide right of way dedication easement. Refer to Grading Plan. 1.13 Location of nearest Fire Hydrant1.14 Location of existing city street light. Potentially being removed by adjacent future development project1.15 (E) Topography line and grade elevation 1.16 Spot Elevations of Proposed Grades. Refer to Civil Grading Plan for more information1.17 Arrowed line indicates direction of drainage. Refer to Drainage Study. 1.18 Hatched area represents retention basin. Refer to Grading Plan for more information. 1.19 Sump Pump. Refer to Grading Plan for more information. 1.20 Dotted & dashed line indicates storm drain piping being routed to sump pump. Refer to Grading Plan for more information.1.21 6'H CMU wall along property line. Refer to Section 2/A-1 1.22 6'H Metal fence.1.23 Accessible entrance to trash enclosure w/ 5' clear turning radius within enclosure. Turning radius shown dashed for clarity1.24 (2) 4 cubic yard dumpsters shown for clarity that trash enclosure complies w/ city requirements.1.25 This portion of CMU wall to be flush w/ finish grade of conc. sidewalk. Change in grade along property line is less than 1'-0" of difference. 1.26 CMU wall starts at dimension shown from property line. 1.27 12" wide raised conc. curb at all curbs adjacent to a parking stall 1.28 Landscaping within dedication area shall be per city standards. Refer to Landscaping Plan.1.29 Offsite street improvements per city requirements. Refer to Grading Plan. 1.30 Location of pole mounted light fixtures.1.31 Location of proposed monument signage. Sign shall comply with all City of Menifee requirements.1.32 Conceptual location of underground utilities 1.33 Transition asphalt at 10:1 ratio to existing pavement 2.01 Dashed line represents roof overhang above. Maximum Roof Height is 24'-2"AFF. Refer to Exterior Elevations for more information. Typ.Typical unless noted otherwise SCALE: 1" = 20' 1 Proposed Site Plan A-1 0 10'20'40'SCALE: 3/4" = 1'-0" 2 Perimeter Site Wall Section Detail A-1 Project Address:26735 Newport Rd.Menifee, CA 92584 Project Data Project Address: 26735 Newport Road Menifee, CA 92584 Owner: Abhishek Singh 3308 Sage St. Tustin, CA 92782 PH: 949-374-1784 Applicant/Architect: DSEA, Inc. 145 S. Olive St. Orange, CA 92866 PH: (714) 639-3958 Attn: Doug Ely APN#: 360-020-033 LEGAL DESCRIPTION: Real property in the city of Menifee, County of Riverside, State of California describedas follows: Parcel 3 of Parcel Map 6596 as shown on file in book 23 page 49 of parcel maps,records of Riverside County, California EXISTING ZONE: EDC-NR (No Change Proposed) EXISTING LOT AREA: 69,880 sf / 1.6 acres PROPOSED USE: Day Care Facility OCCUPANCY GROUP: I-4 CONSTRUCTION TYPE: V-B (Fully Sprinklered) NOTE: Sprinkler system will be designed to exceed required design criteria. Fire Authority to approve design criteria in lieu of hose pull coverage. BICYCLE PARKING REQUIRED: 1 space/25 vehicle parking spaces = .04 factor 58 vehicle parking spaces x .04 = 2.32 bicycle spaces (3) provided PARKING REQUIRED: -1 space per 2 employees using the following ratios: Infants: 1 Teacher / 4 Students Toddlers: 1 Teacher / 6 Students PreSchool: 1 Teacher / 12 Students After School: 1 Teacher / 14 Students 1 Director & 1 Assistant Director Full Time -1 space per 5 students 208 Students / 5 = 42 Stalls 26 Employees / 2 = 13 Stalls Total Parking Required= 55 Stalls 3 Accessible parking stalls 3 E.V.C.S. parking stalls 1 Accessible E.V.C.S. parking stalls 49 Regular parking stalls 56 Total Parking Stalls Provided STORIES: 1 Story PROPOSED AREA: 13,649 sq.ft. PROPOSED LOT COVERAGE: 19.5% PARKING LOT LANDSCAPECOVERAGE TABULATION: Refer to Landscape Plans for Tabulation SCHOOL DISTRICT: Menifee Union and Perris Union High UTILITY PROVIDERS: Electric: Southern California Edison Water: Eastern Municipal Water District Sewer: Eastern Municipal Water District Telephone: Verizon Cable TV: Spectrum PROJECT DESCRIPTION: This project involves the construction of a new (1) story child care facility licensed for208 students. Exterior work involves a new parking lot with accessible parking and EV parking,accessible walkways, fencing and playground areas at the rear and side yard areas. There willalso be public right of way improvements constructed as required. A 6'H CMU wall will beconstructed along the side and rear property lines for security and privacy of the playgroundarea. A trash enclosure with an overhead trellis will be constructed on the southern edge ofthe parking lot per city standards. Newport Rd. Bra d l e y Rd. Wint e r Haw k Rd. Hau n Rd. I-215 I-215 Vicinity Map Site Plan Legend CITY REQUESTED NOTES: 1. All street improvements shall meet City Standards 2. City standards for waste recycling will be met 3. Electrical power lines shall be placed underground 4. All monument and wall signage will be reviewed under a separate permit. 5. Streetlights will be required in accordance with City Standards 6. A well exists on site and will need to be located and detroyed under permit 7. A septic tank exists on site and will need to be located and destroyed under permit. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:86 A-5 Plotted on 3/3/2021 at 4:19 PM P:\749 Menifee Montessori\749 BIM-CAD Files\749 ArchiCAD Models\749 Menifee Montessori Flat Roof.pln Proposed Perspective Views Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 145 S. Olive StreetOrange, CA 92866T: 714.639.3958F: 714.639.1744 dely@dsearchitecture.com Revisions By 1 View of Main Entry from Northeast 2 View of Main Entry from Southeast 3 View of West Facade from Western Edge of Property Poured in place concrete pedestal w/ wood post Poured in place concrete pedestal w/ wood postPoured in place concrete pedestal w/ wood post Standing Seam Metal Roofby 'Centria'. Color shall beCharcoal Gray. Alum. Fixed windowframes, charcoal grayanodized Horiz. wood siding panels by 'Nichiha',Style shall be 'Vintagewood Cedar' Colored fiber cement wall panels by 'Nichiha',Dunn Edwards colors shall be: -DE5153 Iron Ore -DE5201 Sweet Potato -DE5349 Hot Sun -DEC750 Bison Biege Exterior Plaster w/ 30/30 sand finish,Color shall be 'Milky Quartz' by Omega Exterior Plaster w/ 30/30 sand finish,Color shall be 'Milky Quartz' by Omega Colored fiber cement wall panels by 'Nichiha',Dunn Edwards colors shall be: -DE5153 Iron Ore -DE5201 Sweet Potato -DE5349 Hot Sun -DEC750 Bison Biege Alum. Fixed windowframes, charcoal grayanodized Horiz. wood siding panels by 'Nichiha',Style shall be 'Vintagewood Cedar' Standing Seam Metal Roofby 'Centria'. Color shall beCharcoal Gray. Standing Seam Metal Roofby 'Centria'. Color shall beCharcoal Gray. Exterior Plaster w/ 30/30 sand finish,Color shall be 'Milky Quartz' by Omega Alum. Fixed windowframes, charcoal grayanodized Wood column and beamstained sim. to DunnEdwards color 'DE6144Graham Cracker' Wood column and beamstained sim. to DunnEdwards color 'DE6144Graham Cracker' Wood column and beamstained sim. to DunnEdwards color 'DE6144Graham Cracker' 8/30/2020 1st Submittal TA 12/2/2020 2nd Submittal TA 02/5/2021 3rd Submittal TA Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:87 A-4 Plotted on 8/27/2020 at 3:15 PM P:\748 Menifee Childcare Mixed Use\749 BIM-CAD Files\749 ArchiCAD Models\749 Menifee Montessori Flat Roof.pln Proposed Exterior Elevations Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 145 S. Olive StreetOrange, CA 92866T: 714.639.3958F: 714.639.1744 dely@dsearchitecture.com K J H G F E D C B A ±0"First Floor +14'-0"Roof 9'- 6 "11 ' - 5 " 16 ' - 6 " 14 ' - 6 " T.O. Roof 5.09 5.08 5.07 5.035.03 5.06 5.08 +24'-2" 9 8 7 6 5 4 3 2 1 ±0"First Floor +14'-0"Roof 14 ' - 6 " 14 ' - 3 " 14 ' - 6 " T.O. Roof T.O. Roof 5.015.01 5.025.025.025.02 5.03 5.03 5.04 5.04 5.04 5.05 5.065.06 5.07 5.08 5.085.09 +24'-2" +23'-0" A B C D E F G H J K ±0"First Floor +14'-0"Roof 14 ' - 6 " 16 ' - 3 " 11 ' - 5 " T.O. Roof 5.10 5.095.08 5.07 5.08 5.035.03 5.06 +24'-2" 1 2 3 4 5 6 7 8 9 ±0" First Floor +14'-0"Roof 9'- 5 " T.O. Roof T.O. Roof 4.025.074.025.07 5.07 5.07 5.07 5.08 5.095.10 5.065.06 5.035.03 +24'-2" +20'-7" Proposed Exterior Elevation Keynotes 4.02 Shed roof below top of parapet 5.01 Fiber cement architectural wall panels. 5.02 Horizontal wood siding. 5.03 Exterior Plaster with 30/30 sand finish 5.04 Projecting metal sunshade above window 5.05 Raised lettering signage above projecting window sunshade 5.06 Painted metal fence. 5.07 Standing seam metal roofing 5.08 Raised concrete pedestal w/ wood column 5.09 Alum. storefront door and window system 5.10 Fixed window array SCALE: 3/16" = 1'-0" 1 NORTH ELEVATIONA-4 SCALE: 3/16" = 1'-0" 2 EAST ELEVATIONA-4 SCALE: 3/16" = 1'-0" 3 SOUTH ELEVATIONA-4 SCALE: 3/16" = 1'-0" 4 WEST ELEVATION A-4 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:88 A-2 Plotted on 11/12/2020 at 2:15 PM P:\748 Menifee Childcare Mixed Use\749 BIM-CAD Files\749 ArchiCAD Models\749 Menifee Montessori Flat Roof.pln Proposed Floor Plan, Trash Enclosure Plan & Elevations Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 145 S. Olive StreetOrange, CA 92866T: 714.639.3958F: 714.639.1744 dely@dsearchitecture.com Revisions By Stor.118 sq ft BreakRoom209 sq ft Director'sOffice229 sq ft ElectricRoom103 sq ft WorkRoom125 sq ft LaundryRoom108 sq ft Kitchen366 sq ft DryStorage86 sq ft Jan.Clos. Car SeatStorage Lobby363 sq ft CoveredPatio Area1,194 sq ft R.R. R.R. REF REF 8'-3 3/4 " 2'- 0 " 67 ' - 4 1/2 " 2'- 7 1/2 " 23 ' - 1 0 " 2'- 7 1/2 " 45 ' - 8 " 32' - 1 1 " 2'- 0 " 8'- 3 3/4 " 10 ' - 3 3/4 " 17 5 ' - 0 1/2 " 10 ' - 3 3/4 " 16'-6"6'-7"15'-4 1/2"3'-0"48'-0"3'-0"9'-0"12'-4 1/2" 23'-1"78'-4 1/2"12'-4 1/2"8'-3 3/4 " 2'-0 " 78 ' - 5 1/2 " 10 ' - 1 1 " 46 ' - 1 1/2 " 10' - 1 1 " 28 ' - 7 1/2 " 2'- 0 " 8'- 3 3/4 " 10 ' - 3 3/4 " 17 5 ' - 0 1/2 " 10 ' - 3 3/4 "16'-6"8'-5 1/2"16'-4 1/2"3'-0"52'-0"3'-0"5'-0"9'-6"24'-11 1/2"79'-4 1/2"9'-6" 1A-4 2A-4 3A-4 4A-4 2.01 2.02 2.01 2.01 2.02 2.02 2.02 2.02 2.03 2.03 2.03 2.01 3-5 Year Olds215A:849 sq ft(24 Students, 2 Teachers) Transitional Kindergarten 215 A:885 sq ft (24 Students, 2 Teachers) 3-5 Year Olds 215 A:850 sq ft (24 Students, 2 Teachers) After School Program215A:1,021 sq ft(28 Students, 2 Teachers) 3-5 Year Olds 215 A:851 sq ft (24 Students, 2 Teachers) 2 Year Olds 215 A:852 sq ft (24 Students, 2 Teachers) Toddlers 215 A:465 sq ft (12 Students, 2 Teachers) Toddlers 215 A:464 sq ft (12 Students, 2 Teachers) Toddlers 216 A:464 sq ft (12 Students, 2 Teachers) Infants 216 A:432 sq ft (12 Students, 3 Teachers) Infants 216 A:431 sq ft (12 Students, 3 Teachers) A A C C B B D D E E F F G G H H J J K K 2 2 1 1 3 3 5 5 6 6 7 7 4 4 8 8 9 9 Crib Room141 sq ft Owner'sOffice121 sq ft Crib Room142 sq ft 16 ' - 0 " 10'-8" 1'- 4 " 11 ' - 7 3/4 " 1'-4"8'-0"1'-4" 3A-2 4A-2 1.23 1.24 1.24 8'- 6 " 6'- 0 " 2" 5.11 5.15 5.14 5.13 5.12 5.16 2% Slope 5.11 5.14 5.13 5.12 N Proposed Floor Plan Keynotes1.23 Accessible entrance to trash enclosure w/ 5' clear turning radius within enclosure. Turningradius shown dashed for clarity1.24 (2) 4 cubic yard dumpsters shown for clarity that trash enclosure complies w/ cityrequirements.2.01 Dashed line represents roof overhang above. Maximum Roof Height is 24'-2"AFF. Refer toExterior Elevations for more information.2.02 Dashed line represents beam above2.03 Outline of conc. patio area5.11 Split face CMU block wall.5.12 CMU cap over CMU wall5.13 Steel post.5.14 Metal roofing o/ steel roof framing. Roofing to match main building.5.15 Steel door & frame painted to match main building doors5.16 Steel drop cane bolt SCALE: 1/8" = 1'-0"1 Floor Plan SCALE: 1/4" = 1'-0"2 Trash Enclosure Floor Plan SCALE: 1/4" = 1'-0"3 Trash Enclosure North Exterior Elevation SCALE: 1/4" = 1'-0"4 Trash Enclosure East Exterior Elevation Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:89 WI N T E R H A W K R O A D LC NEWPORT ROADLC Know what's below. Call before you dig. 1 SHEET NO. 1 3 XXXXXX CITY OF MENIFEE ENGINEERING DEPARTMENT PRELIMINARY GRADING PLAN PARCEL MAP 6596 GRADING PLAN ANACAL ENGINEERING CO. CIVIL ENGINEERING & LAND SURVEYING Civil Engineering and Land SurveyingE N G I N E E R I N GA N A C A L Anaheim PREPARED BY:JOB NO. 20-050-PRELIM-GPREVISIONS WDID: ______ GRAPHIC SCALE 1 INCH = 20 FT. ( IN FEET ) VICINITY MAP LEGEND CONSTRUCTION NOTES SHEET INDEX Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:90 EV VA N VA N EV EV EV Wi n t e r H a w k R o a d Trash Encl. R.O . W . R.O . W . WI N T E R H A W K R O A D LC 1 3 3 3 1 Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 terra n INTEGRATION 143 S. OLIVE STREET ORANGE I CA I 92866 714-724-9814 www.terrainintegration.com REVISIONS BY: 12/2/20 City Submittal SS 8/30/20 1st Submittal SS 2/5/21 City Submittal SS LC-1.0 TITLE SHEET, PROJECT DATA & EXISTING SITE PLAN DRAWING NAME SHEET NUMBER TITLE SHEET, PROJECT DATA & EXISTING SITE PLAN LC-1.0 CONCEPTUAL LANDSCAPE PLAN LC-2.0 LEGEND, IMAGERY & NOTES LC-3.0 SHEET INDEX PROJECT DATA PROJECT ADDRESS: PROJECT OWNER: APN#: LEGAL DESCRIPTION: EXISTING LOT AREA: 26735 NEWPORT ROAD MENIFEE, CA 92584 ABHISHEK SINGH 3308 SAGE ST. TUSTIN, CA 92782 PH: 949-374-1784 360-020-033 REAL PROPERTY IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP 6596 AS SHOWN ON FILE IN BOOK 23 PAGE 49 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA 69,880 SQ. FT. LANDSCAPE CALCULATIONS NORTH 0 SCALE: 1" = 20' 40'10'20' A.TOTAL PROJECT SITE AREA:69,880 s.f. B.TOTAL LANDSCAPED AREA:17,522 s.f. C.NET LANDSCAPED AREA PERCENTAGE:(B/A)25.1 % D.TOTAL PARKING LOT AREA:20,210 s.f. (EXCLUDING FRONT YARD SETBACK) E.TOTAL REQUIRED LANDSCAPED AREA (10%):2,021 s.f. (EXCLUDING FRONT YARD SETBACK) F.TOTAL PROVIDED LANDSCAPED AREA : 2,310 s.f. (FOR PARKING LOT EXCLUDING FRONT YARD SETBACK) E.TOTAL PARKING LOT LANDSCAPED AREA:5,689 s.f. (INCLUDING FRONT YARD SETBACK) F.NET LANDSCAPED PARKING LOT AREA %: (E/D)28.2 % G.TOTAL AREA TURF:3290 s.f. H.TURF AREA AS PERCENTAGE OF TOTAL LANDSCAPED AREA (G/B)18% I.TOTAL STREET TREES REQUIRED (1 TREE/ 30 LF)8 J.TOTAL STREET TREES PROVIDED (IN CFD AREA ONLY)4 *STREET TREES PROVIDED ARE LOCATED AT 30' O.C.BUT ADJUSTED AWAY FROM LIGHT POLES * TREE QUANTITY IN CFD HAS BEEN VERIFIED BY BY RUSSELL BROWN/ ASSOCIATE PLANNER IN 1/21/21 TEAM CONFERENCE CALL K.TOTAL PARKING LOT TREES REQUIRED (1 TREE/4 SPACES)14.3 L.TOTAL PARKING LOT TREES PROVIDED 20 * SEE PLANTING PLAN FOR TREE SHADE CALCULATIONS M.LANDSCAPED AREAS BY HYDROZONE -HYDROZONE 1 - TREE BUBBLER 900 s.f. -HYDROZONE 2 - SHRUB DRIP 9558 s.f. -HYDROZONE 3 - GROUNDCOVER DRIP 2406 s.f. -HYDROZONE 4 - BIORETENTION 1368 s.f. -HYDROZONE 5 - TURF 3290 s.f. *SEE WATER EFFICIENT LANDSCAPE WORKSHEET ON SHEET LC-3.0. EXISTING SITE PLAN VICINITY MAP A PERMANENT AUTOMATIC IRRIGATION SYSTEM SHALL BE DESIGNED AND INSTALLED TO IRRIGATE ALL PLANTING AREAS. THE IRRIGATION CONTROLLER(S) SHALL BE EQUIPPED FROM THE MANUFACTURER WITH WEATHER/EVAPOTRANSPIRATION (ET) SENSING CAPABILITIES TO AUTOMATICALLY ADJUST WATERING SCHEDULES AND AMOUNTS. THE DESIGN OF THE IRRIGATION SYSTEM SHALL EMPHASIZE WATER CONSERVATION AND PROVIDE EFFICIENT AND UNIFORM DISTRIBUTION OF IRRIGATION WATER. IF THE SITE IS PLANNED TO UTILIZE RECYCLED WATER IN THE LANDSCAPE, THEN THE IRRIGATION SYSTEM SHALL BE DESIGNED IN ACCORDANCE WITH STATE OF CALIFORNIA AND EASTERN MUNICIPAL WATER DISTRICT (EMWD) RULES AND REGULATIONS FOR RECYCLED WATER USE. DRIP AND/OR BUBBLER IRRIGATION, OR OTHER LOW-VOLUME. LOW-PRESSURE MICRO-IRRIGATION SYSTEM AS APPROVED BY THE CITY OF MENIFEE AND EMWD, SHALL BE INSTALLED IN PLANTER AREAS TO PROVIDE WATER DIRECTLY TO THE ROOT ZONE OF PLANTS. THE IRRIGATION SYSTEM MAY UTILIZE EFFICIENT ROTATOR NOZZLES IN LARGE PLANTING AREAS, SUBJECT TO THE APPROVAL OF EMWD AND THE CITY. THE AUTOMATIC IRRIGATION SYSTEM SHALL BE DESIGNED IN ACCORDANCE WITH THE CITY OF MENIFEE ORDINANCE NO. 2009-61, "LANDSCAPE WATER USE EFFICIENCY REQUIREMENTS," AND LANDSCAPE STANDARDS. FOR SITES UTILIZING POTABLE WATER FOR LANDSCAPE IRRIGATION, A REDUCED PRESSURE BACKFLOW PREVENTER SHALL BE INSTALLED AFTER THE WATER METER TO PROTECT THE POTABLE WATER SUPPLY IN ACCORDANCE WITH STATE OF CALIFORNIA, CITY OF MENIFEE, AND EMWD STANDARDS AND REQUIREMENTS. ALL PARKING LOT AREAS VISIBLE FROM ADJOINING PROPERTIES AND PUBLIC RIGHTS-OF-WAY (OFF SITE) SHALL BE EFFECTIVELY SCREENED WITH LANDSCAPING. SCREENING SHALL INCLUDE TREES, DENSE EVERGREEN SHRUBS, LOW WALLS, EARTH BERMS OR A COMBINATION THEREOF. ALL OUTDOOR MECHANICAL EQUIPMENT SHALL BE EFFECTIVELY SCREENED WITH LANDSCAPING. SCREENING SHALL INCLUDE TREES, DENSE EVERGREEN SHRUBS, LOW WALLS, EARTH BERMS OR A COMBINATION THEREOF. ALL DRIVE-THROUGH LANES SHALL BE SCREENED FROM ADJACENT STREET RIGHTS-OF-WAY WITH DENSE EVERGREEN SHRUB HEDGES (4 FEET HGT. MAX.) IN MINIMUM 5-FOOT WIDE PLANTERS BETWEEN THE DRIVE-TRHOUGH AND RIGHT-OF-WAY. IRRIGATION SYSTEM DESIGN STATEMENT LANDSCAPE SCREENING NOTES THE LANDSCAPE CONCEPT PLAN INDICATES LANDSCAPE IMPROVEMENTS FOR BOTH ON SITE AND OFF SITE (PUBLIC RIGHTS-OF-WAY, PARKS, BASINS, ETC.) AREAS. THE PROPERTY OWNER SHALL MAINTAIN OFF SITE AREAS UNTIL SUCH TIME AS THE OFF SITE LANDSCAPE AREAS ARE ANNEXED INTO A SPECIAL DISTRICT (CFD OR L&LMD) AND ACCEPTED BY THE CITY FOR MAINTENANCE PURPOSES. THE PROPERTY OWNER ACKNOWLEDGES THAT SEPARATE UTILITY METERS (WATER AND ELECTRIC) FOR IRRIGATION USE ARE REQUIRED TO BE INSTALLED BY THE OWNER PRIOR TO THE CITY'S ACCEPTANCE OF THE OFF SITE AREAS FOR MAINTENANCE BY THE SPECIAL DISTRICT. IN ADDITION, PROPERTY OWNER ACKNOWLEDGES THAT COSTS FOR ANNEXATION INTO THE SPECIAL DISTRICT, AND INSTALLATION OF THE IRRIGATION WATER AND ELECTRIC METERS, SHALL BE BORNE BY THE PROPERTY OWNER. LANDSCAPE IMPROVEMENTS IN OFF SITE AREAS/PUBLIC RIGHTS-OF-WAY SHALL BE SEPARATED FROM PRIVATELY-MAINTAINED ON SITE LANDSCAPE AREAS WITH A CITY-STANDARD, CONTINUOUS CONCRETE MOW CURB (6" X 8") ALONG THE PROPERTY LINE (ON SITE). LANDSCAPE MAINTENANCE AND SEPARATION NOTE-LCP CITY LANDSCAPE STANDARDS REQUIRE INSTALLATION OF TREE ROOT CONTROL BARRIERS WITH ALL TREES THAT ARE PLACED SIX (6) FEET AND CLOSER TO HARDSCAPE IMPROVEMENTS, INCLUDING FLATWORK AND CURBS. ROOT BARRIERS SHALL BE 16 FEET LENGTH MINIMUM (8 FEET EACH SIDE OF TREE). ROOT CONTROL BARRIER NOTE: GENERAL NOTES 1 EXISTING TREE NOTES TO BE REMOVED. CHOCKING HAZARD FROM DEBRIS AND/OR MENIFEE NON-NATIVE TO BE REMOVED. ROOT INTRUSION HINDERING BIORETENTION TO BE REMOVED. IN CONFLICT WITH REQUIRED SITE DEVELOPMENT TO BE REMOVED. IN CONFLICT WITH REQUIRED LIGHT STANDARD TO BE REMOVED. IMPROPERLY PRUNED/DAMAGED TREE STRUCTURE NOTES: ·ALL EXISTING MATURE TREES ARE MENIFEE NON-NATIVE SPECIES ·CALIPER OF EXISTING TREES NOTED ON PLAN SYMBOL ·ALTHOUGH MATURE TREES ARE FAVORABLE TO KEEP IN PLACE TO ESTABLISH A RICH LANDSCAPE, DUE TO THE NATURE OF THE USERS (PRESCHOOL & TODDLER AGED CHILDREN) TREES WITH SEED LITTER/DEBRIS WILL POSE A CHOCKING HAZARD AND SHOULD BE REMOVED 2 3 4 5 1 3 2 1 2 1 2 1 2 1 2 1 2 1 1 1 3 5 1 1 3 4 1 1 1 1 1 3 1 3 1 3 3131 31 31 31 3 3 3 3 1 1 1 3 1 3 1 3 4 3 3 1 1 1 1 1 EXISTING TREE LEGEND BOTANICAL NAME / COMMON NAME SCHINUS MOLLE /CALIFORNIA PEPPER PHOENIX CANARIENSIS /CANARY ISLAND DATE PALM WASHINGTONIA /FAN PALM SYAGRUS ROMANZOFFIANA /QUEEN PALM EUCALYPTUS CITRIODORA /LEMON-SCENTED GUM 31 31 1 MATURE EUCALYPTUS CITRIODORA LOCATED OUTSIDE OF PROPERTY LINE CITY SHOULD CONSIDER EXCESSIVE LITTER AND DEBRIS DROP WHICH IS A CHOKING HAZARD FOR SMALL CHILDREN 2 11111111111111111 Item Title:&nbsp;9.1 &ldquo;Menifee Montessori&rdquo; Conditional Use No. PLN20-0223 and Plot Plan No. PLN20-0224Item Page Number: 91 ACTIVE TRACK ACTIVE TRACK ACTIVE TRACK CFD SETBACK 36" BOX ENTRY ACCENT TREE 36" BOX ACTIVE PLAY ACTIVE PLAY ACTIVE PLAY 3 11'-0" 1 2 1 1 1 1 1 2 1 1 1 1 1 1 1 2 1 1 1 1 1 14 14 EV VA N VA N EV EV EV Wi n t e r H a w k R o a d ADJACENT PROPERTY AUTO REPAIR EDC-NR ZONE APN-360-020-032 300.85' 300.85' 23 2 . 2 9 ' 23 2 . 2 9 ' ADJACENT VACANT UNDEVELOPED PROPERTY EDC-NR ZONE APN-360-020-032 AD J A C E N T V A C A N T U N D E V E L O P E D P R O P E R T Y ED C - N R Z O N E A P N - 3 6 0 - 0 2 0 - 0 2 8 ADJACENT VACANT UNDEVELOPED PROPERTY EDC-NR ZONE APN-360-020-034 Trash Encl. N89°53'00"E N0 0 ° 1 4 ' 4 0 " E N89°53'00"E N0 0 ° 1 4 ' 4 0 " E ProposedEarly ChildhoodEducation Center 13,649s.f.Existing R. O . W . R. O . W . W S W S W S W S 10 11 7 13 13 13 13 13 5 4 8 9 12 12 14 5 CFD SETBACK 11'-0" 4'-3" 3'-2" 1 1 1 4 4 4 4 4 4 4 4 4 4 16161515 15 1515 1517 17 9 8 ACTIVE PLAY ACTIVE PLAY ACTIVE PLAY ACTIVE PLAY ACTIVE PLAY 6 1 1 1 1 15'-0" 'B' LANDSCAPE RESTRICTED ZONE NO LANDSCAPE OVER 30" IN HEIGHT WITHIN R.O.W. 15'-0" 'B' LANDSCAPE RESTRICTED ZONE NO LANDSCAPE OVER 30" IN HEIGHT WITHIN R.O.W. 15'-0" 'B' LANDSCAPE RESTRICTED ZONE NO LANDSCAPE OVER 30" IN HEIGHT WITHIN R.O.W. 15'-0" 'B' LANDSCAPE RESTRICTED ZONE NO LANDSCAPE OVER 30" IN HEIGHT WITHIN R.O.W. 3'-0" MINIMUM 3'-0" MINIMUM 30'-0" 30'-0" 30'-0" 4'-6" PLANTER IN R.O.W. Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 terra n INTEGRATION 143 S. OLIVE STREET ORANGE I CA I 92866 714-724-9814 www.terrainintegration.com REVISIONS BY: 12/2/20 City Submittal SS 8/30/20 City Submittal SS 2/5/21 City Submittal SS LC-2.0 CONCEPTUAL LANDSCAPE PLAN NORTH 0 SCALE: 1" = 10'-0" 10'5'20' TREES REQUIRED PROPOSED 1 TREE PER 750 s.f. OF REDUCED 23 31 SITE AREA 1 TREE PER 4 PARKING SPACES 14 15 55 PARKING STALLS TOTAL PARKING STALL SHADING 50%51% PARKING STALLS (9,374 SF) 50% (4,687 S.F.) PROVIDED SHADE (4,817 S.F.) EXTENT OF FULLY GROWN SHADE CANOPY 1 SITE PLAN NOTES CONCRETE PAVING COVERED PATIO MONUMENT SIGN - BY OTHERS / REVIEWED UNDER SEPARATE PERMIT PARKING LOT LIGHT 36" TALL METAL FENCING W/ SELF LATCHING & CLOSING GATES BENCH SEATING BIKE RACKS POURED IN PLACE RUBBER BUBBLE MOUND & PLAY SURFACE POURED IN PLACE RUBBER PLAY SURFACE TODDLER PLAY STRUCTURE w/ WOOD FIBER CHIP SURFACE BELOW PRESCHOOL PLAY STRUCTURE w/ WOOD FIBER CHIP SURFACE BELOW SHADE STRUCTURE OVER PLAYGROUND TURF FOR ACTIVE PLAY BIORETENTION BASIN PER ENGINEER - NO TREES SHALL BE PLACED IN BASIN 6'-0" CMU BLOCK WALL- PER CITY STND DRAWING RETAINING CURB WALL - TOP OF WALL TO BE SAME AS ADJACENT SIDEWALK. NEIGHBORING GRADE IS LESS THAN 12" LOWER 6'-0" METAL FENCE - PER CITY STND DRAWING - COLOR TO MATCH ARCHITECTURAL METAL ACCENT COLOR GENERAL NOTE: ·CONSTRUCTION SPECIFICATIONS & MANUFACTURERS SHALL BE LISTED IN CONSTRUCTION DOCUMENT PACKAGE ·SIGNAGE BY OTHERS UNDER SEPARATE PERMIT ·PARKING LOT LIGHT STANDARDS BY OTHERS C.F.D. NOTE: ·LANDSCAPE IMPROVEMENTS IN OFF SITE AREAS/PUBLIC RIGHTS-OF-WAY SHALL BE SEPARATED FROM PRIVATELY-MAINTAINED ON SITE LANDSCAPE AREAS WITH A CITY-STANDARD, CONTINUOUS CONCRETE MOW CURB (6" X 8") ALONG THE PROPERTY LINE (ON SITE) 2 3 4 5 6 TREE REQUIREMENTS 7 8 9 10 11 12 13 14 15 16 17 Item Title:&nbsp;9.1 &ldquo;Menifee Montessori&rdquo; Conditional Use No. PLN20-0223 and Plot Plan No. PLN20-0224Item Page Number: 92 Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 terra n INTEGRATION 143 S. OLIVE STREET ORANGE I CA I 92866 714-724-9814 www.terrainintegration.com REVISIONS BY: 12/2/20 City Submittal SS 8/30/20 City Submittal SS 2/5/21 City Submittal SS LC-3.0 LEGEND - IMAGERY - NOTES CONCEPTUAL PLANTING PALETTE SYMBOL BOTANICAL NAME COMMON NAME SIZE MATURE SIZE CAMPUS TREES 24" BOX 15' TO 30' WIDE CERCIS CANADENSIS 'FOREST PANSY'REDBUD JUNIPERUS SCOPULORUM 'WICHITA BLUE' ROCKY MOUNTAIN JUNIPER LAURUS NOBILIS 'SARATOGA'BAY LAUREL PARKING LOT TREES 24" BOX 40' WIDE ULMUS PARVIFOLIA CHINESE ELM GEIJERA PARVIFLORA AUSTRALIAN WILLOW LAURUS NOBILIS 'SARATOGA BAY LAUREL STREET TREES 24" -36" BOX 60' WIDE 36" BOX NOTED ON PLAN @ DRIVEWAY ENTRY PLATANUS X ACERIFOLIA 'COLUMBIA'LONDON PLANE TREE QUERCUS VIRGINIANA LIVE OAK RHUS LANCEA AFRICAN SUMAC ACCENTS DIANELLA TASMANICA VARIEGATA FLAX LILY 5 GAL ALOE CASTANEA CATS TAIL ALOE FRONT PLANTER ACCENT 5 GAL ALOE BARBERAE TREE ALOE DRACEANA DRACO DRAGON TREE GROUNDCOVER 1 GAL BACCHARIS 'TWIN PEAKS'TWIN PEAKS COYOTE BUSH JUNIPERUS HORIZONTALIS 'BLUE' CREEPING JUNIPER TALL TURF FESCUE SOD BIORETENTION MUHLENBERGIA CAPILLARIS 5 GAL MUHLENBERGIA RIGENS WOOD CHIP PLAY SURFACE MEDIUM SHRUBS 5 GAL PITTOSPORUM TOBIRA VARIEGATA MOCK ORANGE LIGUSTRUM SINENSE 'SUNSHINE' SUNSHINE LIGUSTRUM ROSMARINUS 'TUSCAN BLUE'ROSEMARY TALL HEDGE & SCREENING 15 GAL OSMANTHUS FRAGRANS SWEET OSMANTHUS PRUNUS CAROLINIANA CAROLINA CHERRY LAUREL ILEX 'EMERALD COLONNADE' COLONNADE HOLLY VINE TRACHELOSPERMUM JASMINOIDES STAR JASMINE 15 GAL TURF TUNNEL OSMANTHUS FRAGRANS PRUNUS CAROLINIANAILEX 'EMERALD COLONNADE' PITTOSPORUM TOBIRA VARIEGATALIGUSTRUM SINENSE 'SUNSHINE'ROSMARINUS 'TUSCAN BLUE' DIANELLA TASMANICA VARIEGATAALOE CASTANEA (SMOOTH-NO SPINES)TRACHELOSPERMUM JASMINOIDES ALOE BARBERAE DRACEANA DRACO (SMOOTH- NO SPINES) LAURUS NOBILIS 'SARATOGA'CERCIS CANADENSIS 'FOREST PANSY'JUNIPERUS SCOPULORUM 'WICHITA BLUE' INSPIRATIONAL IMAGERY BUBBLE MOUNDING TURF MOUNDING PLAYGROUND SURFACE TODDLER PLAYGROUND EXAMPLE ACTIVE TRACK PRESCHOOL PLAYGROUND EXAMPLE BENCH METAL FENCING BENCH TALL HEDGE AND SCREENING MEDIUM SHRUB ACCENTS & VINE FRONT PLANTER ACCENT CAMPUS TREES GEIJERA PARVIFLORA LAURUS NOBILIS 'SARATOGA' PARKING LOT TREES EUONYMUS FORTUNEI 'MINIMUS'JUNIPERUS HORIZONTALIS 'BLUE' GROUNDCOVER SHADE STRUCTURE EXAMPLE IRRIGATION NOTES 1.RECYCLED WATER HAS NOT BEEN DEVELOPED TO THIS LOCATION AND IS NOT AVAILABLE FOR IRRIGATION PURPOSES 2.BACKFLOW OR ABOVE GROUND IRRIGATION DEVICES SHALL BE PLACED IN LOCATIONS AWAY FROM ENTRIES OR PROMINENT VISUAL LOCATIONS 3.LANDSCAPE SHALL BE WATERED WITH A LOW VOLUME AUTOMATIC IRRIGATION SYSTEM 4.A WATER EFFICIENT AUTOMATIC CONTROLLER SHALL BE INSTALLED WITH SOIL MOISTURE SENSORS AND OR RAIN SENSOR DEVICE, OR OTHER WATER CONSERVING DEVICE 5.IF NEW CONTROLLER IS NEEDED, CONTROLLER SHALL HAVE WATER SAVINGS CAPABILITIES WITH RAIN AND/OR SOIL MOISTURE SENSORS 6.TREES AND SHRUBS SHALL BE WATERED ON SEPARATE ZONES (REMOTE CONTROL VALVES) 7.TREES SHALL BE WATERED BY DEEP ROOT WATERING IRRIGATION HEADS 8.CONTRACTOR TO SUBMIT MATERIALS LIST TO LANDSCAPE ARCHITECT FOR VERIFICATION PRIOR TO INSTALLATION 9.IRRIGATION SHALL MEET ALL STATE AND LOCAL WATER ORDINANCES AND DROUGHT CONDITIONS LANDSCAPING NOTES 1.PLANT MATERIAL ADJACENT TO PLAY AREAS ARE NOT HARMFUL IF INGESTED BY CHILDREN 2.LANDSCAPE MATERIALS OVER 30 INCHES IN HEIGHT SHALL NOT BE PLACED WITHIN SIGHT DISTANCE RESTRICTED AREAS 3.PROPERTY OWNER IS RESPONSIBLE FOR MAINTENANCE OF ON SITE LANDSCAPED AREAS AND OFF SITE LANDSCAPE AREAS MAINTAINED BY CFD 4.PLAN SHALL CONFORM TO CITY OF MENIFEE LANDSCAPE STANDARDS (MARCH 2015); MMC CHAPTER 15.04 "LANDSCAPE WATER USE EFFICIENCY REQUIREMENTS," AND THE COMPREHENSIVE DEVELOPMENT CODE, CHAPTERS 9.195 "LANDSCAPING STANDARDS" AND CHAPTER 9.200 "TREE PRESERVATION ULMUS PARVIFOLIA Item Title:&nbsp;9.1 &ldquo;Menifee Montessori&rdquo; Conditional Use No. PLN20-0223 and Plot Plan No. PLN20-0224Item Page Number: 93 A-6 Plotted on 3/9/2021 at 4:15 PM P:\749 Menifee Montessori\749 BIM-CAD Files\749 ArchiCAD Models\749 Menifee Montessori Flat Roof.pln Color & Material Sample Board Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 145 S. Olive StreetOrange, CA 92866T: 714.639.3958F: 714.639.1744 dely@dsearchitecture.com Revisions By 1 View of Main Entry from Northeast 01 Horiz. wood siding panels by 'Nichiha', Style shall be 'Vintagewood Cedar' Exterior Plaster w/ 30/30 sand finish, Color shall be 'Milky Quartz' by Omega Standing Seam Metal Roofby 'Centria'. Color shall beCharcoal Gray. 01 Wood column and beamstained sim. to DunnEdwards color 'DE6144 Graham Cracker' 02 02 03 03 04 04 Colored fiber cement wall panels by 'Nichiha',Dunn Edwards colors shall be: -DE5153 Iron Ore -DE5201 Sweet Potato -DE5349 Hot Sun -DEC750 Bison Biege 05 05 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:94 2A-2 EVVA N VA N EV EV EV 300.85' 300.85' 23 2 . 2 9 ' N89°53'00"E N89°53'00"E N0 0 ° 1 4 ' 4 0 " E 0.6 1.0 1.1 1.0 1.0 0.9 0.8 0.6 0.5 0.4 0.4 0.4 0.4 0.4 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.5 0.7 0.8 1.0 1.1 1.1 1.2 1.1 0.7 0.3 0.1 0.1 0.8 1.1 1.3 1.2 1.2 1.1 1.0 0.8 0.7 0.6 0.5 0.6 0.6 0.6 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.6 0.6 0.6 0.6 0.7 0.8 0.9 1.1 1.2 1.3 1.2 1.1 0.9 0.5 0.3 0.1 0.2 0.5 1.1 1.3 1.2 1.3 1.4 1.3 1.3 1.1 1.0 0.8 0.8 0.7 0.8 0.8 0.9 1.0 1.0 1.0 0.9 0.9 1.0 1.0 1.1 1.1 1.0 1.0 0.9 0.8 0.7 0.7 0.8 0.8 0.9 1.1 1.2 1.4 1.3 1.3 1.5 1.3 0.5 0.2 0.2 0.6 1.5 1.5 1.3 1.4 1.5 1.4 1.3 1.2 1.1 1.1 1.0 1.0 1.0 1.0 1.2 1.3 1.4 1.3 1.2 1.2 1.3 1.4 1.5 1.5 1.5 1.3 1.2 1.0 1.0 1.0 0.9 0.9 1.0 1.1 1.3 1.6 1.5 1.3 1.5 1.2 0.5 0.2 0.2 0.4 1.0 1.3 1.3 1.6 1.7 1.4 1.3 1.2 1.3 1.2 1.2 1.2 1.3 1.3 1.5 1.6 1.7 1.7 1.5 1.5 1.6 1.7 1.9 2.0 1.8 1.6 1.5 1.3 1.2 1.2 1.1 1.0 1.0 1.1 1.3 1.6 1.5 1.3 1.2 0.8 0.3 0.2 0.2 0.6 1.0 1.2 1.3 1.5 1.5 1.3 1.3 1.3 1.3 1.4 1.4 1.5 1.6 1.5 1.6 1.8 1.9 1.9 1.8 1.8 2.0 2.0 2.2 2.2 2.1 1.9 1.8 1.5 1.4 1.3 1.2 1.1 1.0 1.1 1.2 1.3 1.4 1.3 1.2 0.9 0.5 0.2 0.4 0.8 1.1 1.3 1.4 1.4 1.4 1.3 1.2 1.3 1.4 1.5 1.5 1.5 1.7 1.6 1.8 1.9 2.0 2.0 2.0 2.0 2.2 2.2 2.4 2.4 2.2 2.0 1.9 1.6 1.5 1.4 1.3 1.1 1.0 1.1 1.2 1.3 1.3 1.2 1.2 1.0 0.6 0.3 0.5 0.8 1.0 1.1 1.2 1.3 1.3 1.3 1.4 1.4 1.5 1.6 1.6 1.6 1.7 1.7 1.9 2.0 2.1 2.2 2.2 2.2 2.4 2.4 2.5 2.6 2.4 2.1 1.9 1.7 1.6 1.6 1.4 1.3 1.2 1.2 1.3 1.2 1.2 1.1 1.0 0.9 0.6 0.3 0.4 0.6 0.8 0.9 1.1 1.2 1.3 1.6 2.0 2.2 1.9 1.7 1.8 2.8 3.3 2.4 2.0 2.2 2.3 2.3 2.6 3.9 5.1 3.9 2.8 2.6 2.6 3.1 3.6 2.7 1.8 1.6 1.5 1.7 2.0 1.9 1.5 1.2 1.1 0.9 0.8 0.7 0.5 0.3 0.4 0.5 0.7 0.9 1.1 1.3 1.5 2.0 3.1 3.4 2.5 1.8 2.2 3.9 4.6 3.0 2.0 2.1 2.4 2.3 2.8 5.6 7.4 5.2 3.0 2.6 2.8 3.9 5.1 3.6 2.1 1.8 1.8 2.3 3.2 3.1 1.9 1.3 1.2 1.0 0.8 0.6 0.5 0.3 0.3 0.5 0.7 1.0 1.3 1.6 1.7 2.3 4.2 4.5 2.7 1.8 2.1 3.0 3.1 2.2 1.6 1.7 1.9 2.0 2.6 5.1 6.6 4.5 2.6 2.2 2.3 2.9 3.4 2.8 2.0 1.8 1.8 2.6 4.4 4.2 2.2 1.6 1.4 1.2 0.9 0.6 0.4 0.3 0.3 0.5 0.7 1.0 1.3 1.6 1.8 2.0 2.7 2.8 2.0 1.7 1.8 1.9 1.9 1.5 1.3 1.3 1.5 1.7 1.9 2.6 3.0 2.4 1.9 1.8 1.7 1.9 2.0 1.8 1.6 1.6 1.7 1.9 2.6 2.5 1.8 1.7 1.5 1.2 0.9 0.7 0.5 0.3 0.4 0.5 0.7 1.0 1.3 1.6 1.8 1.9 1.8 1.8 1.7 1.7 1.6 1.4 1.3 1.2 1.1 1.2 1.4 1.6 1.7 1.7 1.8 1.7 1.7 1.7 1.5 1.4 1.4 1.4 1.4 1.6 1.6 1.6 1.7 1.7 1.7 1.7 1.5 1.2 1.0 0.7 0.5 0.3 0.4 0.6 0.8 1.1 1.4 1.7 2.0 2.0 2.0 1.9 1.7 1.6 1.5 1.3 1.1 1.1 1.1 1.2 1.4 1.6 1.6 1.7 1.8 1.7 1.6 1.6 1.5 1.3 1.3 1.3 1.4 1.5 1.6 1.6 1.8 1.8 1.8 1.8 1.7 1.4 1.1 0.8 0.6 0.4 0.5 0.7 0.9 1.2 1.6 2.0 2.1 2.1 2.1 2.0 1.7 1.6 1.5 1.3 1.1 1.0 1.1 1.3 1.4 1.5 1.5 1.6 1.7 1.6 1.6 1.6 1.5 1.3 1.2 1.3 1.4 1.5 1.6 1.6 1.8 1.9 1.9 2.0 1.9 1.6 1.3 1.0 0.7 0.4 0.5 0.9 1.2 1.5 1.8 2.1 2.3 2.2 2.1 1.9 1.6 1.5 1.4 1.3 1.1 1.0 1.1 1.3 1.4 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.3 1.3 1.3 1.4 1.5 1.6 1.6 1.7 1.9 2.0 2.2 2.1 1.9 1.5 1.2 0.8 0.5 0.6 1.0 1.4 1.7 2.0 2.1 2.3 2.2 2.1 1.9 1.6 1.5 1.4 1.3 1.1 1.1 1.2 1.3 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.4 1.3 1.3 1.3 1.4 1.5 1.5 1.6 1.7 1.9 2.1 2.3 2.3 2.1 1.8 1.5 1.0 0.5 0.5 0.9 1.4 1.7 2.0 2.2 2.3 2.3 2.2 1.9 1.7 1.5 1.4 1.3 1.2 1.1 1.2 1.4 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.4 1.3 1.2 1.3 1.4 1.5 1.6 1.6 1.8 2.0 2.2 2.4 2.4 2.3 2.0 1.5 0.9 0.5 0.3 0.6 1.3 1.6 2.0 2.4 2.5 2.4 2.2 2.0 1.8 1.6 1.4 1.3 1.3 1.2 1.2 1.4 1.5 1.5 1.5 1.6 1.6 1.5 1.5 1.5 1.4 1.3 1.2 1.2 1.4 1.5 1.6 1.7 2.0 2.2 2.4 2.6 2.6 2.2 1.8 1.4 0.7 0.3 0.3 0.6 1.4 1.8 2.0 2.4 2.7 2.5 2.3 2.0 1.9 1.8 1.5 1.4 1.4 1.3 1.3 1.3 1.4 1.5 1.5 1.5 1.6 1.5 1.5 1.4 1.3 1.2 1.1 1.2 1.3 1.5 1.7 1.8 2.1 2.3 2.5 2.9 2.6 2.2 2.0 1.4 0.7 0.3 0.3 0.7 1.6 1.9 1.9 2.2 2.5 2.4 2.3 2.1 1.9 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.3 1.5 1.5 1.4 1.5 1.4 1.5 1.4 1.3 1.2 1.1 1.2 1.3 1.5 1.7 1.8 2.1 2.3 2.5 2.7 2.4 2.2 2.2 1.8 0.8 0.4 0.2 0.4 0.9 1.2 1.5 1.9 2.2 2.4 3.1 3.1 2.2 1.7 1.6 1.4 1.3 1.2 1.1 1.2 1.3 1.4 1.4 2.0 2.4 1.8 1.4 1.4 1.3 1.1 1.1 1.1 1.3 1.5 1.7 2.0 2.6 2.8 2.4 2.5 2.3 2.0 1.8 1.3 0.7 0.3 0.1 0.2 0.4 0.7 1.2 1.5 1.7 2.2 3.9 4.8 3.0 1.7 1.5 1.3 1.1 1.0 1.0 1.0 1.2 1.2 1.5 3.2 4.2 2.8 1.4 1.2 1.1 1.0 0.9 1.0 1.2 1.4 1.6 2.6 4.6 4.5 2.7 2.3 2.2 1.9 1.2 0.7 0.4 0.2 0.1 0.1 0.2 0.5 1.0 1.2 1.2 1.7 2.8 3.1 2.2 1.5 1.4 1.2 1.0 0.8 0.7 0.7 0.7 0.8 1.1 2.2 2.6 1.9 0.9 0.7 0.7 0.6 0.6 0.7 0.8 1.0 1.1 2.1 3.4 3.3 2.2 1.7 1.7 1.5 0.9 0.4 0.3 0.2 0.7 0.9 0.9 1.0 1.4 1.5 1.1 0.9 1.0 0.9 0.8 0.6 0.5 0.4 0.4 0.4 0.6 1.0 1.3 0.9 0.5 0.3 0.3 0.3 0.3 0.4 0.4 0.5 0.6 1.2 1.9 1.8 1.3 1.0 1.1 1.0 0.6 0.3 0.2 0.1 NELECTRICAL SITE LIGHTING PHOTOMETRIC PLAN 145 S. Olive Street Orange, CA 92866 T: 714.639.3958 F: 714.639.1744 dely@dsearchitecture.com Early Childhood Education Center Montessori School 26735 Newport Road Menifee, CA 92584 S TATE OF CALIFORNIA REGISTERED PROFESSIONAL ENGINEER ELECTRI C AL No. E-21025RYAN JO SEPH GA LA ZExp. 03/31/21 P.O. BOX 6390 La Quinta, CA 92248 Website | www.mepesg.com ELECTRICAL SITE LIGHTING PHOTOMETRIC PLAN E1.0 Statistics Description Symbol Avg Max Min Avg/Min Calc Zone #2 1.5 fc 7.4 fc 0.1 fc 15.0:1 Schedule Symbol Label QTY Manufacturer Catalog Number Description Number Lamps Filename per Lamp LLF Wattage Efficiency SA 9 U.S. ARCHITECTURAL LIGHTING DSAP25-VLED-IV-80LED- -525mA-TRA FABRICATED METAL HOUSING, 1 LED MODULE CONSISTING OF: 80 LEDS, VERTICAL BASE- UP POSITION, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, CLEAR FLAT GLASS LENS. 80 DSAP25-VLED- IV-80LED- 525mA-TRA.ies 50 0.9 97.8 100% SB 4 U.S. ARCHITECTURALLIGHTING DSAP25-VLED-IV-80LED--525mA-TRA-HS FABRICATED METAL HOUSING, 1 LED MODULE CONSISTING OF: 80 LEDS, VERTICAL BASE-UP POSITION, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 74 OPTICS WITH MOLDED BLACK PLASTIC HOUSE SIDE SHIELD. CLEAR FLAT GLASS LENS. 80 DSAP25-VLED-IV-80LED-525mA-TRA-HS.ies 38 0.9 97.8 100% Lumens Total=4,000 Total=3,040 NON SHIELD HOUSE SHIELD +15.0 'AFG +15.0 'AFG AMBER LEDS AMBER LEDS Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:95 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:96 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:97 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:98 Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:99 143 South Olive Street Orange, CA 92866 (714) 639-3958 August 28, 2020 City of Menifee 29844 Haun Road Menifee, CA 92586 RE: Letter of Justification for Menifee Montessori School 26732 Newport Road Menifee, CA 92584 To Whom It May Concern, The enclosed drawing package for the Montessori School in Menifee involves a childcare center which offers educational learning for children six months to five years of age. This academy will be filling a space of approximately 13,649 SF which also includes an outdoor play area for the children which will comply with The State of California Education Licensing Department requirement of 75 SF of outdoor space per child. The proposed space will have a capacity of 208 children, and about 20-24 staff members. The hours of operation of this childcare center is 7:00 A.M. to 6:00 P.M. Monday through Friday. This center will be closed on weekends and Holidays. The expected peak demand hours will be at drop off time between 7:00 A.M. to 9:00 A.M. and again at pick up time 4:00 P.M. to 6:00 P.M. The parents will naturally arrive and depart in a staggered way because the school doesn’t have a fixed requirement on the arrival and departure time of students. It’s as per the convenience of parents. Parents will only be using parking spaces for 10 minutes at a time to pick up and drop off their children so we don’t expect any sudden surges of traffic. The outdoor play activities of children of different ages will also be staggered in time so that noise from the playground is minimized. We intend to keep the following schedule of play time: Infants (< 1yr old): 9am – 10am, 3pm – 4pm Younger Toddlers (1 – 2 yrs old): 9 am – 10am, 3pm – 4pm Older toddlers (2 – 4 yrs old): 10am – 11 am, 4pm – 5pm Pre-schoolers (4+ yrs): 11 am – Noon, 2pm – 3pm There are no special events anticipated that will cause a surge in traffic or need extra parking than planned for. Parents will have to follow a stricter and quicker pickup and drop-off protocol during morning and evenings considering it will be a busier time with more ingress and egress traffic at the school. The parents will be required to enter from the Northern entrance and exit from the southern exit so not to cram the parking lot and driveway. If needed a dedicated staff member will be assigned during the busy hours to direct the traffic appropriately. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:100 The current parcel will dedicate a 10’ public right of way easement for improvements to the public right of way including a public sidewalk with a planter and newly paved asphalt along Winter Hawk Road. There are 58 parking spaces proposed with accessible parking and electric vehicle charging provided. The parking area is laid out to visually match the recently developed property to the north and as such the driveway throat depths are designed to match this as well. This educational childcare center will fill a need that is currently lacking in the City of Menifee and is in an ideal location for parent access. Sincerely, Douglas Ely Principal DSEA, Inc. Item Title:9.1 “Menifee Montessori”Conditional Use No.PLN20-0223 and Plot Plan No.PLN20-0224 Item Page Number:101 CITY OF MENIFEE SUBJECT: Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003 MEETING DATE: March 24, 2021 TO: Planning Commission PREPARED BY: Desiree Bowdan, Associate Planner REVIEWED BY: Ryan Fowler, Acting Planning Manager APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: KA ENTERPRISE -------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Resolution approving Plot Plan PLN 20-0003, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report; and, 3. Adopt a Resolution approving Conditional Use Permit PLN 20-0002, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report; and, 4. Adopt a Resolution approving Conditional Use Permit PLN 20-0004, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report. PROJECT DESCRIPTION Plot Plan No. PLN 20-0003 proposes the development of a gas station, convenience store, automated drive-thru carwash, and (drive-thru) fast-food restaurant on 2.10 gross acres. The project will consist of a 3,200-square-foot (sq. ft.) convenience store, a 3,200-sq. ft. fueling canopy including six (6) dual pumps, a 1,140-sq. ft. automated carwash with drive thru and a 3,900-sq. ft. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:1 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 2 of 12 4 0 7 fast-food restaurant with drive-thru, which is a combined total of 11,340 sq. ft. The Project proposes a total of 53 parking stalls. Conditional Use Permit No. PLN 20-0002 would allow for the gas station, convenience store, automated drive-thru carwash, and drive-thru fast-food restaurant. Conditional Use Permit No. PLN 20-0004 would allow for the sale of beer and wine for off- premise consumption at the proposed convenience store. Approval of the CUP will also include Findings of Public Necessity and Convenience required by the California Department of Alcoholic Beverages Control (ABC) due to an overconcentration of alcohol licenses in the area. LOCATION The project site is located north of McCall Boulevard, south and west of Encanto Drive, and east of Interstate 215 freeway (APN: 333-040-002, -003, and -004). The Project site is currently vacant land, with vacant land to the east and north and Interstate 215 northbound on-ramp to the west. On the south side of McCall Boulevard is existing commercial retail (Wendy’s fast-food restaurant and Motel 6) and to the southeast is Valero gas station. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:2 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 3 of 12 4 0 7 GENERAL PLAN/ZONE The Project site is designated Economic Development Corridor (EDC) per the City of Menifee’s General Plan and Zoning Map and is intended for a variety of commercial, entertainment, and office uses. Specifically, the Project site is located within the EDC – McCall Boulevard (EDC-MB) subarea. The General Plan encourages businesses which provide convenience goods and services that are on arterials adjacent to neighborhoods and communities throughout the city, but not rural residential areas. The Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities. McCall Boulevard and Encanto Drive are both commercial corridors within the northeasterly portion of the City with Interstate 215 located west of the property. General Plan and Zoning Zoning The Project site is zoned Economic Development Corridor – McCall Boulevard (EDC-MB). Surrounding zoning classifications include EDC-MB to the south, and Plaza Del Sol Specific Plan (SP) to the north and east, which are consistent with the zoning for the Project site. Interstate 215 is located to the west. The Project, which includes a gas station, convenience store, carwash and fast-food restaurant is consistent with the Economic Development Corridor’s list of allowable uses (with approval of a Conditional Use Permit) and the design of the Project is consistent with the development standards of the EDC-MB zone DISCUSSION Site Layout The Project proposes a gas station, convenience store located at the southeast corner of McCall Boulevard and Encanto, including the drive-thru carwash, and the drive-thru for the fast-food restaurant will be accessible from the northern boundary of the property. The proposed layout will include a pedestrian-oriented pathway from the drive-thru fast-food restaurant to the gas station, convenience store/drive-thru carwash. ADA access will also be provided throughout the Scott Road Ha u n R o a d Ho w a r d W a y Project Site Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:3 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 4 of 12 4 0 7 project site. An open-air seating area is proposed for the west side of the fast-food restaurant for employee breaks and customer outdoor dining. Distinctive paving, ornamental light fixtures, shade trees and accent landscaping will be located throughout the project site. Site Exhibit Circulation Access to the proposed project is planned to have one (1) full access driveway at the northerly end of the project site and one (1) right-in/right-out/left-in access driveway on Encanto Drive closer to McCall Boulevard on Encanto Drive. The proposed project is also planned to improve the southbound approach of the Encanto Drive/McCall Boulevard intersection from one left-turn lane and one shared through/right-turn lane to one left-turn lane, one through lane and one right-turn lane. Based on the City of Menifee Traffic Impact Analysis Guidelines for Vehicle Miles Traveled (VMT), the proposed uses of the Project are considered local-serving and are therefore exempt from further VMT analysis. Local-serving retail uses must be less than 50,000 square feet and may include gas stations, banks, restaurants, and shopping centers. The proposed project falls within this category. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:4 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 5 of 12 4 0 7 Circulation Exhibit Parking A total of fifty-three (53) parking stalls are proposed for the project site. The gas station, convenience store and drive-thru carwash would provide a total of nineteen (19) parking stalls, including ADA accessible spaces and the fast-food drive-thru restaurant would provide thirty-four (34) parking stalls, including ADA accessible spaces. Use Sq. Ft. Parking Ratio Parking Required Parking Provided Gas Station Fast-Food Restaurant 3,200 3,900 3/1,000 8/1,000 9/Stalls 24/Stalls 19/Stalls 34/Stalls Total Square Feet:11,340 Total Required: 33 Total Provided: 53 (South) Right in, Right out, Left in access Encanto Drive Proposed road improvements for McCall Blvd/Encanto Drive Intersection Full Access. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:5 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 6 of 12 4 0 7 Landscaping The project requires a landscape area equal to 10% of the total project site (i.e., 83,414 square feet) which calculates to be 8,341 square feet of landscaped area. The project is proposing a landscaped area of 35,604 square feet. The boundary of the site will include robust landscaped areas, which will include trees and shrubs and variations of ground cover around the perimeter of the site. The southeasterly corner at the intersection of McCall Boulevard and Encanto Drive will include an ample landscaped buffer which will help to shield views of the fueling pumps from that intersection. In addition, there is a double row of trees proposed along the majority of Encanto Drive and perimeter trees proposed at the rear (southwest) sides of the project site adjacent to the Interstate 215 northbound on-ramp. The trees along the rear will help shield views of the car-wash entry/exit and the drive-thru lanes, since the on-ramp is elevated and therefore the tree canopies will be closer to eye level for motorists accessing the Interstate. Landscape Exhibit Architecture The project was reviewed for consistency with the Menifee Design Guidelines. Displayed below are east (front) and south (side) elevations of the proposed gas station, convenience store/drive- thru carwash, which proposes the use of materials such as corrugated metal siding, wood paneling, and brick veneer in cool earth tones. The proposed development will provide glazing that will create an inviting and visual appeal to the site. The Project also proposes two (2) covered trash enclosures. One (1) enclosure will be located near the drive-thru entrance for the fast-food restaurant, and one (1) will be located near the entrance of the carwash drive-thru. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:6 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 7 of 12 4 0 7 The proprietor of the proposed fast-food restaurant is not yet determined; however, the restaurant is proposed to be a 3,900 square foot building and will include a drive-thru and outdoor dining area. The architectural materials and colors of the fast-food restaurant will be complimentary to the convenience store. Site Elevation of Convenience Store and Carwash Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:7 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 8 of 12 4 0 7 Site Elevation of the Fast-Food Restaurant Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:8 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 9 of 12 4 0 7 Trash Enclosure Elevation Fuel Canopy The proposed fuel canopy will provide six (6) dual fuel pumps and will incorporate the same building materials as the convenience store. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:9 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 10 of 12 4 0 7 Signage Although there is some signage displayed within this staff report and the Applicant’s exhibits, signage is not included with the project approvals and a separate application will be required. Public Convenience and Necessity The California Alcohol Beverage Control (ABC) Act requires the local jurisdiction to make a finding of Public Convenience and Necessity prior to the ABC granting the license, when a retail license for off-premise consumption (Type 20 or 21) would be located in a census tract of undue concentration of Type 20 or 21 licenses or if the granting of the license would cause a census tract to have an undue concentration (more than 1 per 1,250 persons per census tract). The Project site is located in Census Tract No. 427.28 and is bounded north of McCall Boulevard, south and west of Ethanac Drive, and east of Interstate 215. According to the California ABC Board, this Census Tract No. 427.28 has two (2) existing off-site (Type 21) licenses that have been issued and are currently active: 1. Man Spirits Inc., located at 27130-32 Shadel Road, Menifee, California; and, 2. Chris’s Shell located at 1765 Ethanac Road, Perris, California. (Not located within the vicinity of the proposed project site) Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:10 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 11 of 12 4 0 7 The proposed Encanto gas station/convenience store is requesting a Type 20 beer and wine license, which is exclusively for off-site consumption of beer and wine. The allowance of this license would cause the census tract to have an over-concentration, but the existing off-site licensed establishments are located in different commercial centers and locations throughout the census tract boundary. Approval of the license would be a convenience to the public as customers would be able to purchase alcohol, fuel, and snacks in one convenient location, rather than making several stops for different merchandise. Additionally, the project site is not located within 600 feet of a park, or any school or churches and is primarily surrounded by commercially zoned land. PCN Exhibit ENVIRONMENTAL DETERMINATION The project has been determined to be Categorically Exempt (Class 32 – Section 15332, “In-Fill Development Projects”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Class 32 consists of projects characterized as in-fill development and can adequately be served by all utility purveyors. The Project is zoned Economic Development Corridor – McCall Boulevard (EDC-MB), which allows the use of a gas station/convenience store, carwash, and fast- food restaurant and is consistent with the standards and policies set forth in the general plan and zoning code. The Project site is 2.10 gross acres and is generally surrounded by commercial retail uses. The Project site does not support the possibility of endangered or threatened species, because the site is disturbed, and there is an existing foundation from previous development, additionally, the site is not viable for endangered species. The project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:11 City of Menifee Planning Commission CUP No. PLN 20-0002, CUP No. PLN 20-0004, PP No. PLN 20-0003 March 24, 2021 Page 12 of 12 4 0 7 FINDINGS Findings for the Plot Plan, and both Conditional Use Permits, are included in the attached draft resolutions for each. PUBLIC NOTICE The proposed project was noticed on March 14, 2021 for the March 24, 2021 Planning Commission hearing. A public notice was published within The Press Enterprise. Notices were also mailed to property owners within a 1,000-foot radius of the project site. All relevant public agencies were also notified of the public hearing. On-site posting was also provided. ATTACHMENTS 1.Project Summary Table 2.Plot Plan Resolution 3.Plot Plan COAs 4.Exhibits 5.CUP 20-0002 Resolution 6.CUP 20-0002 COAs 7.CUP 20-0004 Resolution 8.CUP 20-0004 COAs 9.Public Hearing Noticing Package 10.Correspondence Received and Staff Response Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:12 Attachment A Project Summary Table Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information General Plan Existing General Plan Land Use Designation Economic Development Corridor – McCall Boulevard (EDC-MB) Surrounding General Plan Land Use Designation North: Plaza Del Sol Specific Plan – (SP) South: Economic Development Corridor – McCall Boulevard (EDC-MB) East: Plaza Del Sol Specific Plan – (SP) and EDC-MB West: Interstate 215-Freeway Zoning Existing Zoning Designation Economic Development Corridor – McCall Boulevard (EDC-MB) Surrounding Zoning Designations North: Plaza Del Sol Specific Plan – (SP) South: Economic Development Corridor – McCall Boulevard (EDC-MB) East: Plaza Del Sol Specific Plan – (SP) and EDC-MB West: Interstate 215-Freeway Other Information Existing Use Vacant land Surrounding Uses North: Vacant land South: Commercial (Wendy’s fast-food restaurant and Motel 6) East: Vacant land West: Interstate 215-Freeway Gross Acreage 2.10 gross acres Building Square Footage Convenience store – 3,200 Gas station canopy – 3,200 Car wash – 1,140 Drive-thru restaurant –3,900 Total - 11,340 sq. ft. Floor Area Ratio 0.12 Parking Required/Parking Proposed 32 required/53 provided Landscaping Required/Landscaping Proposed 2.10 acres (10% of total site area) = 83,414 sq. ft. = 8,341 required / 35,604 acres provided Assessor Parcel Numbers 333-040-002, -003, and -004 Environmental Review Exempt Class 15332 “In-Fill Development” Policy Areas Mt. Palomar Lighting Influence Area District Information School: Menifee Union School District & Perris Union High School District Water/Sewer: Eastern Municipal Water District Flood Control: Riverside County Flood Control District Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:13 Attachment A Project Summary Table Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information Fees 1. Subsequent review fees on an hourly basis per Resolution No. 18-741 (Cost of Services Fee Study) 2. Development Impact Fees 3. Western Riverside Multi-Species Habitat Conservation Plan (WRMSHCP) fee (Ord. No. 810) 4. Stephen’s Kangaroo Rat fees (Ord. No. 663) 5. Western Transportation Uniform Mitigation Fee (Ord. No. 824) (central)6. Letters Received No comments on the project have been received at the time this report was prepared. Source: Planning case file and GIS system, December 2020 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:14 RESOLUTION PC 21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. PLN 20-0003 FOR ENCANTO GAS STATION, CONVENIENCE STORE, AUTOMATED DRIVE-THRU CAR WASH, AND DRIVE-THRU FAST- FOOD RESTAURANT LOCATED NORTH OF MCCALL BOULEVARD, SOUTH AND WEST OF ENCANTO DRIVE, AND EAST OF I-215 FREEWAY (APNS: 333-040-002, -003, AND -004) WHEREAS, on January 7, 2020, the applicant, KA Enterprises, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN 20-0003, which proposes the development of a gas station, convenience store, automated drive-thru carwash, and (drive-thru) fast-food restaurant on 2.10 gross acres. The project will consist of a 3,200-square-foot (sq. ft.) convenience store, a 3,200-sq. ft. fueling canopy including six (6) dual pumps, a 1,140-sq. ft. automated car wash with drive thru and a 3,900-sq. ft. fast-food restaurant with drive-thru, which is a combined total of 11,440 sq. ft. (APNs: 333-040-002,-003,-004) WHEREAS, on January 7, 2020, the applicant, KA Enterprises, also filed a formal applications with the City of Menifee for the approval of the following associated projects: (1) Conditional Use Permit No. PLN 20-0002, which would allow for the gas station, convenience store, automated drive-thru car wash, and drive-thru restaurant; and (2) Conditional Use Permit No. PLN 20-0004, which would allow for the sale of off- premises alcohol sales; and, WHEREAS, on March 24, 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 Plot Plan No. PLN 20-0003, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 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 recommends that the City Council make the following Findings: Section 1: 1. Plot Plan Findings of Approval, Section 9.80.070. The Plot Plan is consistent with the adopted General Plan and any applicable specific plan. The Project site is designated Economic Development Corridor (EDC) per the City of Menifee’s General Plan and Zoning map and is intended for a variety of commercial, entertainment, office and industrial uses. Specifically, the Project site is located within the EDC: McCall Boulevard (EDC-MB). The General Plan encourages businesses which provide convenience goods and services that are on arterials adjacent to neighborhoods and communities throughout the city, but not rural residential areas. The Project is consistent with the EDC-MB land use designation, because the proposed gas station, convenience store, drive-thru carwash, and drive-thru fast-food restaurant will provide services and goods to service for surrounding communities to the site. 2. The proposed project meets all applicable standards for development and provisions of this Title. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:15 Page 2 of 4 Plot Plan No. PLN 20-0003 March 24, 2021 The Project is for a gas station, convenience store, drive-thru automated carwash, and drive-thru fast-food restaurant, and is conveniently located north of McCall Boulevard, south and west of Encanto Drive, and east of Interstate 215 freeway. The new development will provide additional retail options and greater convenience to residential and commercial uses in the Project vicinity. The Project was reviewed against the City’s Municipal Code and General Plan and is consistent with the provisions, regulations, and development standards of this Title. 3. The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. The Project site is located north of McCall Boulevard, south and west of Encanto Drive, and east of Interstate 215 freeway. To the northeast of the site if vacant land. To the west is the I-215, and south of the site is commercial uses (Wendy’s fast-food restaurant and Motel 6). The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. The Project will provide additional goods and service options in the northerly portion of the City. The Project incorporates quality architecture and landscaping which will enhance the area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Building and Safety, Engineering and Public Works, Police Department, Riverside County Fire, and Riverside County Environmental Health. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Therefore, the Project is not anticipated to create 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 2: Consistency with Multiple Specie 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 Project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the Project is not located with a Criteria Cell or Cell Group. The Project will be subject to the payment of fees for a Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:16 Page 3 of 4 Plot Plan No. PLN 20-0003 March 24, 2021 commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Section 3: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project has been determined to be Categorically Exempt (Class 32 – Section 15332, “In-Fill Development Projects”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Class 32 consists of projects characterized as in-fill development and can adequately be served by all utility purveyors. The Project is zoned Economic Development Corridor – McCall Boulevard (EDC-MB), which allows the use of a gas station/convenience store, carwash, and fast-food restaurant and is consistent with the standards and policies set forth in the general plan and zoning code. The Project site is 2.10 gross acres and is generally surrounded by commercial retail uses, vacant commercially designated properties, the I-215 and McCall Boulevard. The Project site does not support the possibility of endangered or threatened species, because the site is disturbed, and there is an existing foundation from previous development. Additionally, the site is not viable for endangered species. The project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby recommends the following: 1. That the Findings set out above are true and correct. 2. That the facts presented within the public record and within the Resolution provide a basis to approve Plot Plan No. PLN 20-0003 subject to the Conditions of Approval set forth in Exhibit “A” of this Resolution. PASSED, APPROVED AND ADOPTED this the 24th day of March, 2021 _________________________ _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:17 Page 4 of 4 Plot Plan No. PLN 20-0003 March 24, 2021 ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:18 Plot Plan No. PLN 20-0003 1 of 61 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Plot Plan No. PLN 20-0003 (“Encanto Gas Station, Convenience Store, Automated Drive-Thru Car Wash, and Drive-Thru Fast-Food Restaurant”) Project Description: Plot Plan No. PLN 20-0003 proposes the development of a gas station, convenient store/drive-thru carwash and (drive-thru) fast-food restaurant on 2.10 gross acres. The project will consist of a 3,200-square-foot (sq. ft.) convenience store, a 3,200-sq. ft. fueling canopy including six (6) dual pumps, a 1,140-sq. ft. car wash and a 3,900- sq. ft. fast-food restaurant with drive-thru, which is a combined total of 11,340 sq. ft. The Project proposes a total of 53 parking stalls. The Project site is located north of McCall Boulevard, south of Encanto Drive, east of Interstate 215 freeway, and west of Encanto Drive. Associated Applications: Conditional Use Permit No. PLN 20-0002 would allow for the gas station, convenience store, automated drive-thru car wash, and drive-thru fast-food restaurant. Conditional Use Permit No. PLN 20-0004 to allow the sale of beer and wine for off-premise consumption at the proposed convenience store. Assessor's Parcel No.:333-040-002, -003, -004 MSHCP Category:Commercial Retail DIF Category:Commercial Retail SKR Category:Discretionary permit on greater than ½ (0.5 acres) TUMF Category:Commercial Retail Quimby Category:Not Applicable Approval Date:April 14, 2021 Expiration Date:April 14, 2024 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:19 Plot Plan No. PLN 20-0003 2 of 61 Within 48 Hours of the Approval of This Project 1.Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 2. Filing Notice of Exemption (NOE). The applicant/developer 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 ($50) for the County administrative fee, to enable the City to file the Notice of Exemption (NOE) for the project within forty-eight (48) hours of the approval of the project. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:20 Plot Plan No. PLN 20-0003 3 of 61 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: Building and Safety Department Conditions of Approval Section V: Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:21 Plot Plan No. PLN 20-0003 4 of 61 Section I: Conditions Applicable to all Departments Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:22 Plot Plan No. PLN 20-0003 5 of 61 General Conditions 2.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan PLN No. 20-0003 for the gas station, Conditional Use Permit PLN 20-000 for the Project Entitlement, and Conditional Use Permit No. PLN 20-0004 for the Alcohol Sales shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the permittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT B = Elevations of Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT M = Material of Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT G = Conceptual Grading Plan for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No. PLN 20-0003, dated November 30, 2020. 3.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. 4.City of Menifee. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:23 Plot Plan No. PLN 20-0003 6 of 61 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. 5.Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 6.Business Registration. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license. For more information regarding business registration, contact the City Clerk. 7.Expiration. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within three-(3)-year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Should the three-(3)-year time period lapse and no substantial construction or use of this plot plan be initiated within the three (3) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void unless extensions are processed and approved per Menifee Municipal Code. 8.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:24 Plot Plan No. PLN 20-0003 7 of 61 Section II: Community Development Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:25 Plot Plan No. PLN 20-0003 8 of 61 General Conditions 9.Comply with Ordinances. The development of these premises shall comply with the standards City of the 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, M, G, and L, unless otherwise amended by these conditions of approval. 10.Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 11.Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B. 12.Parking. Parking for the commercial retail and the fast-food component of the project was determined primarily on the basis of Parking & Loading Standard Chapter 9.215 of the City of Menifee Municipal Code. Use Sq. Ft. Parking Ratio Parking Required Parking Provided Gas Station Fast-Food Restaurant 3,200 3,900 3/1,000 8/1,000 9/Stalls 24/Stalls 19/Stalls 34/Stalls Total Square Feet:11,340 Total Required: 33 Total Provided: 53/Stalls ADA Parking Spaces. A minimum of one (1) accessible parking space for the gas station and two (2) accessible parking spaces for the fast-food restaurant for persons with disabilities shall be provided consistent with ADA requirements per Approved Exhibit A and as approved by the City Engineering Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:26 Plot Plan No. PLN 20-0003 9 of 61 Bicycle Racks. Bicycle racks with a minimum of two (2) spaces shall be provided in a convenient location for the gas station and a minimum of two (2) spaces for the fast-food restaurant to facilitate bicycle access to the project area as shown on APPROVED EXHIBIT A. The bicycle racks shall be shown on project onsite landscaping plans submitted for Community Development Department approval and shall be installed in accordance with those plans. 13.Loading Areas. Loading and/or unloading of goods/supplies shall occur in designated loading areas as shown on APPROVED EXHIBIT A only. No loading or unloading is allowed in front of the stores or within drive aisles. Loading areas shall be kept free of debris and clean throughout the life of this plot plan. 14.Signs. A Minor Master Sign Program has not been approved under this application (Plot Plan No. PLN 20-0003). Prior to the installation of any onsite advertising/signage, including but not limited to wall signs affixed to the building or freestanding signs, a Minor Master Sign Program shall be approved. 15.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. 16.Reclaimed Water. The permit holder shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site. 17.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. 18.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). 19.Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided. The intent of this condition is to provide electrical hook-ups for refrigerated trailers that will be parked at the facility for more than fifteen (15) minutes. The use of truck engines or auxiliary power units to power refrigerated trailers for extended periods of time is not allowed. 20.No Idling. To reduce diesel truck emissions, the project has been conditioned to install signs in loading areas stating “The driver of a diesel- fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the vehicle's primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than five (5) minutes at any location Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:27 Plot Plan No. PLN 20-0003 10 of 61 within 100 feet of a restricted area (residences). Electrical connections have been provided for your use. The minimum penalty for an idling violation is $300.00. To report a violation please contact 1800-END-SMOG". 21.No Outdoor Storage. No outdoor storage is allowed within the site. No storage lockers, sheds, metal container bins or metal shipping containers will be allowed to be kept onsite unless stored within the approved buildings. 22.Rules for Construction Activities. The permittee shall comply with all SCAQMD established minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. Current requirements include, but may not be limited to: Any construction equipment using direct internal combustion engines shall use diesel fuel with a maximum of 0.05 percent sulfur and a four- degree retard. Construction operations affecting off-site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through traffic lanes. On-site heavy equipment used during construction shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available, or its use is not cost-competitive. 23.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. 24.Completion of Conditions Prior to Operations. Pursuant to City of Menifee Municipal Code, the proposed use approved under Plot Plan No. PLN 20- 0003 shall be not be established or operated until all required conditions (e.g., road pavement, landscaping installation, building improvements, etc.) of this Plot Plan have been completed to the satisfaction of the City. Archeology 25.Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:28 Plot Plan No. PLN 20-0003 11 of 61 26.Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 27.Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:29 Plot Plan No. PLN 20-0003 12 of 61 recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” 28.Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation-In-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 IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 29.Inadvertent Paleontological Find. In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:30 Plot Plan No. PLN 20-0003 13 of 61 document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan. Landscaping 30.Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 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.Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition and free of weeds and debris throughout the life of this plot plan. To ensure that this occurs, the Community Development Department shall require inspections prior to final inspection and six (6) months and twelve (12) months after the final inspection. 33.Maintenance of Parks and Landscaping. All parks, landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES: 34.Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan, elevations, 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. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:31 Plot Plan No. PLN 20-0003 14 of 61 Prior to Issuance of Grading Permit 35.Rough and Precise Grading Plan Review. The Community Development Department shall review the rough and precise grading plans for consistency with the approved site plan and conceptual grading plan (Approved Exhibit A and G) and the conditions of approval. 36.Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. 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; 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 driven fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:32 Plot Plan No. PLN 20-0003 15 of 61 l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of not 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. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts 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.AQMD Rule 402. The project developer shall implement the following measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment operating at the project site throughout the project construction phases. The project developer shall include in construction contracts the control measures as may be required under Rule 402, at the time of development, including the following: a. Keep all construction equipment in proper tune in accordance with manufacturer’s specifications. b. Use late model heavy-duty diesel-powered equipment at the project site to the extent that it is readily available in the South Coast Air Basin (meaning that it does not have to be imported from another air basin and that the procurement of the equipment would not cause a delay in construction activities of more than two weeks). c. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:33 Plot Plan No. PLN 20-0003 16 of 61 procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment (This measure does not apply to diesel-powered trucks traveling to and from the site). d. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas), if equipment is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment). e. Limit truck and equipment idling time to five minutes or less. f. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. g. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 38.Preconstruction Burrowing Owl Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within thirty (30) days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within thirty (30) days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity (except for agricultural production on-site which has been a historic and on-going use of the property) shall occur within the site until the burrowing owl study is reviewed and approved. 39.Nesting Bird Survey. If grading is to occur during the nesting season (February 1 – August 31), a nesting bird survey shall be conducted within ten Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:34 Plot Plan No. PLN 20-0003 17 of 61 (10) days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County. The findings shall be submitted to the City of Menifee Community Development Department for review and approval. Archeological and Paleontological Resources 44. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: a. Project grading and development scheduling; b. The Project archeologist and the Consulting Tribes(s) shall attend the pre- grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:35 Plot Plan No. PLN 20-0003 18 of 61 following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 45.Paleontologist Required. Prior to the issuance of grading permits, the project applicant shall retain a qualified paleontologist approved by the Community Development Department to create and implement a project- specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the City Community Development Department for review and approval prior to the issuance of a grading permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and society of Vertebrate Paleontology standards, are as follows: 1. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. 2. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. 3. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. 4. If fossil remains are encountered by earthmoving activities when the project paleontologist is not on-site, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. 5. If fossil remains are found, fossilliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. 6. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains will then be curated (assigned and labeled Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:36 Plot Plan No. PLN 20-0003 19 of 61 with museum repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; placed in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, and associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. The City must be consulted on the repository/museum to receive the fossil material prior to being curated. 7. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the City for review and approval prior to final building inspection as described elsewhere in this condition set. All reports shall be signed by the project paleontologist and all other professionals responsible for the report’s content (e.g., professional geologist, professional engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the office of the City Community Development Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. 46.Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above- mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. 47.Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Fees Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:37 Plot Plan No. PLN 20-0003 20 of 61 48.Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Riverside County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 2.13 acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 49.Processing Fees. Prior to issuance of grading permits, the Community Development Department shall determine the status of the deposit-based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Issuance of Building Permit 50.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, M, G, and L. 51.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 and M. If building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT B and M a plot plan application pursuant to City Municipal Code, along with the current fee shall be submitted to the Community Development Department for review and approval. If substantial modifications are proposed to the elevations, the Community Development Director may determine that Planning Commission review and approval is required. 52.Tower Elements and Parapets. Tower elements shall include four architecturally enhanced sides or be wrapped (with the same architectural enhancement shown on the front of the tower) to appear four-sided from public view. Sides and backs of parapets open to public view shall be treated/painted in the same manner as the front of the parapet. Colors of all buildings shall be in substantial compliance with APPROVED EXHIBIT B. 53.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-box-type 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 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:38 Plot Plan No. PLN 20-0003 21 of 61 may be relocated during the building plan check. Architecturally appropriate themed lighting fixtures shall be located along the project perimeter, project entrances, and other focal points on the project site and shall be subject to Community Development Department review and approval. Parking lot lights shall be consistent with the sample provided and described as APPROVED EXHIBIT M or as otherwise approved by the Community Development Director. 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. 54.Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view and from view of any public right-of-way. All building plans shall show all roof-mounted equipment and methods for screening consistent with Approved Exhibit B and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans 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. 55.Dark Sky Ordinance. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety and the Community Development Department for plan check approval and shall comply with the requirements of Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, and the General Plan. 56.Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building. 57.Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 58.Wall and Fencing Plan. A wall and fencing plan shall be submitted to the Community Development Department for review and approval showing all wall and fence locations and typical views of all types of fences or walls proposed. This plan shall require anti-graffiti coatings on fences and walls, where applicable. The plan shall be approved prior to issuance of a Building Permit. 59.HVAC. The developer shall utilize HVAC units with the lowest sound power level shall be selected. The HVAC units shall be installed as far as possible from residential land uses. The HVAC equipment shall be enclosed or shielded from off-site properties. 60.Reciprocal Parking and Access Agreement. Prior to building permit issuance, a reciprocal parking and access agreement shall be recorded to share the parking spaces and allow reciprocal access for the parcels associated with the project. 61.Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:39 Plot Plan No. PLN 20-0003 22 of 61 a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other places acceptable to the Menifee Police 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 above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. It should be noted that high quality day/night vision LPR cameras are relatively inexpensive. The plan shall be approved prior to issuance of Building Permits. The Menifee Police Department, and/or Community Development Department shall verify that the security system has been installed prior to final occupancy. Fees 62.Fees. Prior to issuance of Building Permits, the Community Development Department shall determine if the deposit-based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 63.Ordinance No. 17-232 (DIF). Prior to the issuance a building permit (for any of the commercial buildings), 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 environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 64.Perris Union School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 65.Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. Landscaping 66.Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:40 Plot Plan No. PLN 20-0003 23 of 61 One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. At applicant’s election, a cash security may also be used for amounts exceeding $2,500. 67.Landscape and Irrigation Plans. The permittee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Division for review and approval. Said plan shall be submitted to the Division pursuant to City Municipal Code along with the current fee. The plan shall be in substantial conformance to APPROVED EXHIBIT L, Menifee Municipal Code and the conditions of approval. The plan shall show all common open space areas (e.g., outdoor gathering areas). The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, slope planting, water quality basins, common area and/or outdoor gathering area landscaping. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. The irrigation plan shall be in compliance with Menifee Municipal Code, and include a rain shut-off device which is capable of shutting down the entire system. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. The location, number, genus, species, and container size of plants shall be shown. If the above-mentioned landscaping plans do not include shading and parking landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Department. Landscaping and Irrigation Plans shall meet all applicable requirements of Menifee Municipal Code (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, and Eastern Municipal Water District requirements. 68.Curb and Walkway on End Stall Planters. Unless otherwise approved by the Community Development Director, a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. 69.Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning Department, Building and Safety Department and the State air quality management authorities. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:41 Plot Plan No. PLN 20-0003 24 of 61 Interim shrub borders shall be planted around various undeveloped pads of the project. 70.Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 71.Landscape Inspections. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-inspection, initial installation inspection, Six (6) Month and One Year Landscape Inspections. The number of hours for the inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 72.Bicycle Racks. The landscaping plans shall show the location of bicycle racks. Where bicycle racks are placed in public view, the racks must be enhanced. 73.Tree Placement. Tree placement should avoid conflicts with parking lot lighting. 74.Basins. Planting in basins shall be consistent with Approved Exhibit L and the plants shall be of adequate height so that they can be seen above the curbs surrounding the basins and/or up to a minimum height of three (3) feet. 75.Double Detectors. Double detector check valve assemblies (backflow preventers) for landscape irrigation and domestic water shall not be located at visually prominent locations (such as the end of drive aisles or at site entries) and shall be well-screened with shrubs, berming, or low screen walls. Prior to Final Inspection 76.Elevations. Elevations of all buildings and structures shall be in substantial conformance as determined by the Community Development Director with the elevations shown on APPROVED EXHIBIT B. 77.Roof Mounted Equipment. Prior to final occupancy, Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 78.Lighting. Exterior lighting shall be consistent with the approved building plans. 79.Trash Enclosures. Trash enclosures which are adequate to enclose the required number of bins (per Waste Management) shall be located as shown on the Approved Exhibit A and L and shall be constructed prior to the issuance of occupancy permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be architecturally enhanced and made with masonry block (including masonry cap) with landscaping screening, roof covering and a solid gate which screens the bins from external view in compliance with Approved Exhibit L. Additional enclosed area for collection of recyclable materials shall be located within, near or adjacent to each trash and rubbish disposal area. The recycling Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:42 Plot Plan No. PLN 20-0003 25 of 61 collection area shall be a minimum of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s) or as approved by the City of Menifee Engineering Public Works Department. All recycling bins shall be labeled with the universal recycling symbol and with signage indicating to the users the type of material to be deposited in each bin. 80.Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase. 81.Condition Compliance. The Community Development Department shall verify that the Development Standards of this approval and all other preceding conditions have been complied with prior to any use allowed by this permit. 82.Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If 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. 83.Security Systems. The Menifee Police Department, and/or Community Development Department shall verify that the security system has been installed in compliance prior to final occupancy. 84.Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Community Development Department inspection prior to the final sign-off from the Building Department. Community Development 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. 85.Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 86.Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:43 Plot Plan No. PLN 20-0003 26 of 61 Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. Landscaping 87.Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?” 88.Landscape/Irrigation Install Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 89.Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code, Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 90.Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. Fees 91.Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon Building Permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:44 Plot Plan No. PLN 20-0003 27 of 61 The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 92.Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit-based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:45 Plot Plan No. PLN 20-0003 28 of 61 Section III: Engineering/Public Works Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:46 Plot Plan No. PLN 20-0003 29 of 61 A. GENERAL ENGINEERING CONDITIONS 93. Subdivision Map Act. The developer / property owner shall comply with the State of California Subdivision Map Act. 94. Mylars. All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer and/or other registered/licensed professional as required. 95. Bond Agreement, Grading and Improvement Security. To guarantee the construction of all required grading and improvements, the developer / property owner shall enter into Bond Agreements and post security or bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to: onsite/offsite grading, erosion control, street improvements, street lights, traffic signals, signing and striping, public landscape improvements, recreational paseos, parks, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. Bond agreements and bond posting shall be required prior to grading, building, or construction permit issuance, whichever is applicable. It should be noted that with the exception of grading bond agreements, all other bond agreements require council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with City council calendar when requesting City approvals of Bond Agreements 96. Bond Replacement, Reduction, and Releases. All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. Similarly, with the exception of grading bond agreements all other agreement changes require City Council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with City Council calendar when requesting changes to the bond agreements. 97. Existing and Proposed Easements. The final grading plan shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. 98. Lot Line Adjustment and Parcel Merger – Per the approved site plan, the project site will be changing from three (3) lots to two (2). In order for this to take place, a lot line adjustment and/or parcel merger must be processed with the City of Menifee and recorded prior to any building permit issuance. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:47 Plot Plan No. PLN 20-0003 30 of 61 99. Plan Check Submittals. Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .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. 100. Plan Approvals. Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the PW Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive PW approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the PW Director. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. 101. 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 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). The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer. 102. Construction Times of Operation. The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:48 Plot Plan No. PLN 20-0003 31 of 61 (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In 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 Inspection team prior to start of any construction activities for this site. 103. Dry Utility Installations. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with current City ordinances, or as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts (kV) or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), 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 AND DRAINAGE 104. Introduction. Improvement such as grading, filling, over excavation and re- compaction, and base or paving which require a grading permit are subject to the Public Works Department conditions of approval stated herein. 105. Grading Regulations Chapter 8.26. Any construction activity such as over excavation, re-compaction, cut, fill, base or paving which require a grading permit and shall conform to the requirements of City Grading Regulations Chapter 8.26. Additionally, grading permits are subject to the Public Works Department conditions of approval stated herein. 106. Regulations and Ordinance on Grading Within the City. In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specification and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:49 Plot Plan No. PLN 20-0003 32 of 61 107. Grading Permit for Disturbed Soil. City ordinance on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 108. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. 109. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. Slopes adjacent to public street right-of-way shall be provided with a landing area of H/2 at the toe, where H is the height of slope. 110. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 111. Slope Landscaping and Irrigation. All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Drip irrigation shall be used for all irrigated slopes. 112. Slope Erosion Control Plan. Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per applicable City ordinances. 113. Slope Stability Report. A slope stability report shall be submitted to the Public Works Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report. 114. Erosion Control Plans. All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with 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 Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. 115. Water Quality Management Plan. All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP report. The developer / property owner shall comply with the requirements of the WQMP report, and City standards and specifications. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:50 Plot Plan No. PLN 20-0003 33 of 61 116. Design Grade Criteria: a. On-Site Parking – Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system or should outlet with acceptable velocity reducers into BMP devices. c. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2% or approved by the Public Works Director / City Engineer. Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 117. Drainage Grade. Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade, except where slope 0.5% or greater occur on Portland cement concrete surfaces. 118. Drainage & Terracing. Provide Drainage facilities and terracing in conformance with the California Building Code’s chapter on “Grading.” 119. Finish Grade. Shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than 2% for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 120. 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 developer’s or owner’s expense. 121. Site Drainage. Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 122. Licensed Geotech. A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:51 Plot Plan No. PLN 20-0003 34 of 61 123. 10 Year Curb – 100 Year ROW. The 10-year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 124. 100 Year Drainage Facilities. All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee Public Works Engineering Department. 125. 100 Year Design Criteria. In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100 year, 24 hour storm event in a controlled manner to the satisfaction of the Public Works Engineering Department. 126. 100 Year Sump Outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 127. BMP – Energy Dissipators. Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. This condition shall also apply to proposed bioretention basin inlets. 128. Retaining Walls. Sections, which propose retaining walls, will require separate permits. They shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official. The walls shall be designed by a registered civil or structural engineer and conform to City Standards. 129. 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. Prior to Grading Permit Issuance: 130. Geotechnical Report. Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application, shall be provided to the City Public Works Engineering Department with initial submittal of a grading plan. If there is no approved report and/or said report is past the three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by City at first submittal of report. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:52 Plot Plan No. PLN 20-0003 35 of 61 A pre-grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City Public Works - Inspection process. All grading shall be done in conformance with the recommendations of the City approved geotechnical/soils reports, and under the general direction of a licensed geotechnical engineer. 131. Drainage Study. Two copies of final drainage study (also referred to as Hydrology/Hydraulics Report) shall be submitted to the City for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report. 132. Grading Permit for Clearing and Grubbing. City ordinance on grading requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading activities. 133. Compliance with NPDES General Construction Permit. The developer/ property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans. For additional information on how to obtain a GCP, contact the SWRCB. 134. SWPPP. Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer / property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City shall require submittal of NOTs for requests to fully release associated grading bonds. 135. SWPPP for Inactive Sites. The developer / property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working condition at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 136. Grading Bonds. Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the PW Engineering Department. Prior to issuance of the permit, adequate performance grading Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:53 Plot Plan No. PLN 20-0003 36 of 61 security shall be posted by the developer / property owner with the Public Works / Engineering Department. 137. Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the PW Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the PW Engineering Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the PW Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26. 138. Offsite Grading Easements. If applicable, prior to the issuance of a grading permit, it shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. Prior to Building Permit Issuance: 139. Submit Plans. A copy of the improvement plans, grading plans, 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. All submittals shall be date stamped by the engineer and include a completed City Deposit or Fee Based Worksheet and the appropriate plan check fee or deposit. 140. Offsite Easements or Redesign. Offsite drainage facilities shall be located within dedicated drainage rights of way; or easements obtained from affected property owner(s). Easement document(s) shall be City reviewed and approved prior to recordation, and a recorded copy submitted to the Public Works / Engineering Department prior to grading permit issuance If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 141. Building Footprints over Property Lines. Prior to issuance of any building permit, the project shall ensure that no building footprints are encroaching over existing property lines. If this occurs, the development shall address through a mechanism such as parcel mergers or lot line adjustments and must be completed prior to issuance of any building permit. 142. No Building Permit without Grading Permit. Prior to issuance of any building permit for any new structures or appurtenances, the developer / property owner shall obtain a grading permit and/or approval to construct from the Public Works / Engineering Department. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:54 Plot Plan No. PLN 20-0003 37 of 61 143. Final Rough Grading Conditions. Prior to issuance of a building permit for any new structures or appurtenances, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 144. Conformance to Elevations/Geotechnical Compaction. Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Issuance of Certificate of Occupancy: 145. Final Grade Certification. The developer / property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit a signed and wet stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. 146. Conform to Elevations. Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. 147. Plant & Irrigate Slopes. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the PW Engineering Department. Drip irrigation shall be provided for all irrigated slopes. C. STREETS AND DEDICATIONS 148. Street Improvements. Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. Encanto Drive. In its ultimate configuration, Encanto Drive is classified as a Major (4 lanes) roadway with a raised median per City’s General Plan Roadway Network with an ultimate Right of Way of 118 feet, and 76 feet paved curb to curb. However due to the limited available Caltrans right-of-way to the north and west of the project (30’ from the existing centerline)the ultimate widening of Encanto Drive will require the realignment of the construction centerline 29’ to the north/northeast, therefore the subject project shall construct an Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:55 Plot Plan No. PLN 20-0003 38 of 61 interim section, consisting of one lane in the northerly direction, one lane in the southerly direction, a 6’ bike lane in the westerly direction, and turn lane pockets as referenced in the following intersection geometrics conditions. These sections are also as shown on the approved site plan. Any changes to these sections will be as approved by the Public Works Director/City Engineer. Prior to issuance of a construction permit the developer shall offer for dedication all required street right-of-way within the project frontage of Encanto Drive to a half-width of 30’ from centerline. Said dedication shall continue in force until the City accepts or abandons such offers. All dedications shall be free of all encumbrances and approved by the Public Works Director/City Engineer. Prior to issuance of a building permit, the developer shall construct or guarantee the construction of the interim public street improvements within Encanto Drive fronting the property, as approved by the Public Works Director. Reconstruction or Resurfacing of Encanto Drive. The Public Works Director / City Engineer may consider reconstruction or resurfacing of existing Encanto Drive paving fronting the development to meet existing conditions with acceptable overlays, provided the road is found to meet the minimum City standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing road is substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full reconstruction as provided in these conditions of approval. As an option and as approved by the PW-Engineering Department, the existing pavement may be cored during project design to confirm the adequate section, and any findings shall be incorporated into the project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 149. Soils and Pavement Report. Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer. 150. Driveway Geometrics. Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 151. 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 CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:56 Plot Plan No. PLN 20-0003 39 of 61 include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following: a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. 152. Acceptance of Public Roadway Dedication and Improvements. Easements and right-of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. 153. ADA Compliance. ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 154. Paving or Paving Repairs. The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. 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. 155. 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. 156. Street Light Plan. Street lights requiring relocations, or any required new street lights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. Prior to Issuance of Construction/Encroachment Permit: 157. Encroachment Permits. The developer / property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 158. Improvement Bonds. Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:57 Plot Plan No. PLN 20-0003 40 of 61 Prior to Issuance of Certificate of Occupancy: 159. Driveways and Driveway Approaches. Driveways and Driveway Approaches shall be designed and constructed per City of Menifee No. 208. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. D. TRAFFIC ENGINEERING 160. Traffic Impact Analysis Report. The development shall comply with all the improvements identified to be constructed or provided in the traffic impact analysis approved by the Public Works / Engineering Department. The traffic study was prepared by RK Engineering Group Inc. and dated February 15, 2021. All required improvements identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Prior to Issuance of Construction Permit: 161. 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 the grading plans, street improvement plans, and landscape improvement plans. 162. Traffic Signal and Appurtenant Control Devices. All new traffic signals and traffic signal modifications required for construction by this development shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans, and shall be approved by the Public Works Director / City Engineer, prior to testing of new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. 163. Traffic Signal Timing Plans. Traffic signal timing plans for new and or modified signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer prior to installation and testing of new signal. 164. Intersection Geometrics. All temporary/final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 165. Signing and 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 CAMUTCD. 166. 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 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:58 Plot Plan No. PLN 20-0003 41 of 61 Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. Prior to Issuance of Certificate of Occupancy: 167. Construction of Roadway Improvements. The developer / property owner shall construct the following required improvements as detailed below: a.Encanto Drive Frontage Improvements. The developer / property owner shall construct interim improvements on Encanto Drive as detailed in Condition on Street improvements above, as shown on the approved Site Plan, and as approved by the Public Works Director between McCall Boulevard and the Northwestern project boundary. b.Encanto Drive Westerly Driveway. The developer / property owner shall construct the following improvements at the Encanto Drive & Westerly Driveway intersection: i. Northbound: One left/through/right turn lane. ii. Eastbound: One Through Lane. iii. Westbound: One Through Lane. One Left Turn Lane (250’ storage). c.Encanto Drive Easterly Driveway. The developer / property owner shall construct the following improvements at the Encanto Drive & Easterly Driveway intersection: i. Northbound: One through/right turn lane. Driveway exit is restricted to right-out only. ii. Eastbound: One Through Lane. iii. Westbound: One Through Lane. One Left Turn Lane (85’ storage). Northbound exit is restricted to a right turn only. Quik Curb or other City Engineer approved device shall be installed to restrict left out. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:59 Plot Plan No. PLN 20-0003 42 of 61 d.Encanto Drive and McCall Boulevard. The developer / property owner shall modify the existing improvements at the Encanto Drive & McCall Boulevard intersection: i.Southbound: One Through Lane. One Left Turn Lane (135’ storage). One Right turn Lane (Minimum 70’ Storage). e.Encanto Drive/McCall Blvd Traffic Signal Modification. The developer / property owner shall modify the traffic signal at intersection of McCall Boulevard and Encanto Drive due to the frontage widening along Encanto Drive.. 168. Fair Share Cost Participation for Off-site Improvements. The developer/ property owner shall pay fair share costs for off-site improvements as detailed below. These fair shares are determined as follows: a.McCall Boulevard & Encanto Drive. The developer / property owner shall contribute a fair share cost of 72.80% toward the construction of the following improvements: Lengthen the eastbound left turn pocket to account for 450 feet (or as much as feasible through striping) of total storage length including bay taper. This improvement shall be constructed prior to issuance of Certificate of Occupancy. b.McCall Boulevard between Encanto Drive and Sherman Road. The developer / property owner shall contribute a fair share cost of 4.17% towards the widening of McCall Boulevard between Encanto Drive and Sherman Road from four lanes to the General Plan Classification as a six-lane Urban Arterial. 169. Cost Participation Through Payment of TUMF and DIF for Offsite Improvements. The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering into a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee’ or as determined by the latest WRCOG Administrative Plan. E. NPDES and WQMP 170. Stormwater Management. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:60 Plot Plan No. PLN 20-0003 43 of 61 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. 171. Trash Enclosures Standards and Specifications. Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. f) The trash enclosure shall be lockable and locked when not in use with a 2- inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2- inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:61 Plot Plan No. PLN 20-0003 44 of 61 172. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_im plementation.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 Grading Permit Issuance: 173. Final Project-Specific Water Quality Management Plan (Final WQMP). Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. The final developed project construction plans shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity 174. Revising the Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 175. WQMP Maintenance Agreement. All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:62 Plot Plan No. PLN 20-0003 45 of 61 implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy: 176. WQMP/BMP Education. Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Proof of notification shall be provided to the PW Engineering Department in forms determined acceptable by the PW Director / City Engineer. Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District’s NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 177. Implement WQMP. All structural BMPs described in the project-specific WQMP shall be constructed and functional in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational. 178. Inspection of BMP Installation. Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. F. WATER, SEWER, AND RECYCLED WATER Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:63 Plot Plan No. PLN 20-0003 46 of 61 179. Meet Minimum Standards. All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 180. Utility Improvement 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. 181. Onsite and Offsite Sewer, Water and Recycled Water Improvements. All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit issuance, approval of improvement plans if no map is being processed. 182. Sewer Lines. Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 183. Water Mains and Hydrants. All public water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 Prior to Building Permit Issuance: 184. Annexation to the Citywide Community Facilities District (CFD). Prior to building permit issuance, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services). The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director / City Engineer. The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the citywide CFD. 185. CFD Annexation Agreement. In the event timing for this development’s schedule prevents the developer / property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete prior to issuance of a Building Permit. The developer shall be responsible for all Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:64 Plot Plan No. PLN 20-0003 47 of 61 costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit. 186. Landscape Improvement Plans for CFD Maintenance. Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plan for review and approval by the Public Works / Engineering Department. 187. CFD Landscape Guidelines and Improvement Plans. All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 188. Landscaping on Encanto Drive. The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Encanto Drive shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 189. Maintenance of CFD Accepted Facilities. All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. H. WASTE MANAGEMENT 190. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mandatory 191. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:65 Plot Plan No. PLN 20-0003 48 of 61 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. c. 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 Issuance: 192. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 193. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRp must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:66 Plot Plan No. PLN 20-0003 49 of 61 recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Issuance of Certificate of Occupancy 194. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. I.FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 195. 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), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), Road and Bridge Benefit District (RBBD) Fee, and any applicable regional fees. 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. Prior to Issuance of Certificate of Occupancy: 196. TUMF Fees. Prior to the issuance of an occupancy permit, the developer / property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:67 Plot Plan No. PLN 20-0003 50 of 61 Section IV: Building and Safety Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:68 Plot Plan No. PLN 20-0003 51 of 61 General Requirements 197. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and 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. 198. Compliance with Code. All Design components shall comply with applicable provisions of the 2019 edition of the California Building, Plumbing and Mechanical Codes; 2019 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. 199. 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. 200.County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a "photometric study" showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting 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. 201.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. 202.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 203.Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:69 Plot Plan No. PLN 20-0003 52 of 61 204.Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 205.Sanitary Sewer and Domestic Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. A total of 6 sets shall be submitted. 206.Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one- quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 207.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. 208.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. 209.Protection of drains and penetration. Protection of joints and penetrations in fire resistance rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Officials/Fire Marshal's approval. At Plan Review Submittal 210.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 electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Maybe a deferred submittal. e. Eastern Municipal Water District (EMWD) First Release Required. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:70 Plot Plan No. PLN 20-0003 53 of 61 Prior to Issuance of Grading Permits 211. 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. 212. Demolition Permits. (If 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 Permit/Release shall be submitted to Building and Safety, Prior to Permit Issuance. Prior to Issuance of Building Permits 213. 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. 214.Each Department is required to Approve, with a signature. Prior to Temporary Certificate of Occupancy 215. 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 Approval that remain outstanding with a signature. Prior to Certificate of Occupancy 216.Each department is required to Review and Approve with a Signature, once ALL Conditions of Approval have been Met/Approved. Prior to Final Inspection 217.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. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:71 Plot Plan No. PLN 20-0003 54 of 61 Section V: Riverside County Fire Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:72 Plot Plan No. PLN 20-0003 55 of 61 General Conditions 218.Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of fire hydrants. 219.Hydrant Location. Fire Hydrants shall be located within 400’ of all exterior portions of the structures without sprinkler systems, measured along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by the California Fire Code and Riverside County Fire Department. 220.Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department standards. 221.Water Mains. The water mains shall be capable of providing required fire flow. 222.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. 223.Address. The address shall be posted per the Riverside County Fire Department standards and will be clearly visible from public roadway. 224.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. 225.Fire Apparatus Access Road Width and Vertical Clearance. Fire apparatus access roads shall have an unobstructed driving surface width of not less than 24 feet, exclusive of shoulders, with an unobstructed vertical clearance of 13 feet 6 inches. 226.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. If a hammerhead T is used instead, the top of the “T” shall be a minimum of 110 feet in length. 227.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 axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:73 Plot Plan No. PLN 20-0003 56 of 61 228.Prior to Building Construction. fire apparatus access roads extending beyond 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. 229.During Phased Construction. fire apparatus access roads extending beyond 150 feet which have not been completed shall have a turn-around capable of accommodating fire apparatus. (CFC 503.1 and 503.2.5) 230.Emergency Access Road. If construction is phased, each phase shall provide approved emergency vehicular access for fire protection prior to any building construction. (CFC 501.4) 231.Fire Safety During Construction. shall comply with the requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33) 232.Sprinkler System. Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:74 Plot Plan No. PLN 20-0003 57 of 61 Section VI: Riverside County Environmental Health Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:75 Plot Plan No. PLN 20-0003 58 of 61 General Conditions 233. Riverside County Department of Environmental Health. The project shall comply with the Riverside County Department of Environmental Health letter dated January 21, 2020 (attached at end of Conditions of Approval document). Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:76 Plot Plan No. PLN 20-0003 59 of 61 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:77 Plot Plan No. PLN 20-0003 60 of 61 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:78 Plot Plan No. PLN 20-0003 61 of 61 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) Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:79 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 80 DIS P 2 DIS P 4 9 DIS P 6 10 DIS P 1 DIS P 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 81 DIS P 2 DIS P 4 9 DIS P 6 10 DIS P 1 DIS P 3 DISP 5 11 12 7 8 5 6 3 4 1 2 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 82 DIS P 2 DIS P 4 9 DIS P 6 10 DISP 1 DIS P 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 DIS P 2 DISP 4 9 DISP 6 10 DIS P 1 DISP 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 83 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 84 DIS P 2 DI S P 4 9 DIS P 6 10 DIS P 1 DI S P 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 85 DIS P 2 DIS P 4 9 DIS P 6 10 DIS P 1 DIS P 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 ··· · 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 86 4340 VIEWRIDGE AVE. STE B SAN DIEGO, CA 92123 PH:(858) 634-8620 FAX:(858)-634-8627 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 87 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:88 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:89 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:90 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:91 CANOPY SLAB PLAN Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:92 CANOPY REFLECTED CEILING PLAN Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:93 EAST ELEVATION SOUTH ELEVATION COLOR LEGEND MATERIAL LEGEND FLOOR PLAN KEY Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:94 EAST ELEVATION SOUTH ELEVATION COLOR LEGEND MATERIAL LEGEND Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:95 WEST ELEVATION NORTH ELEVATION COLOR LEGEND MATERIAL LEGEND FLOOR PLAN KEY Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:96 WEST ELEVATION NORTH ELEVATION COLOR LEGEND MATERIAL LEGEND Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:97 WEST ELEVATION SOUTH ELEVATION NORTH ELEVATION EAST ELEVATION COLOR LEGEND MATERIAL LEGEND FLOOR PLAN KEY Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 98 WEST ELEVATION SOUTH ELEVATION NORTH ELEVATION EAST ELEVATION COLOR LEGEND MATERIAL LEGEND Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 99 1 2 3 4 5 6 7 8 9 10 11 12 1 3BUILDING SIDE BUILDING SIDE1210 10 9 12 11 6 5 8 7 2 1 4 3 01 02 04 03 COLOR LEGEND Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:100 1 2 3 4 5 6 7 8 9 10 11 12 1 3BUILDING SIDE BUILDING SIDE1210 10 9 12 11 6 5 8 7 2 1 4 3 01 02 04 03 COLOR LEGEND Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:101 REGULARPLUSSUPER THIS SALEGALLONS 9189 CALLSTARTSTOP 87REGULARPLUSSUPER THIS SALEGALLONS 9189 CALLSTARTSTOP 87DIESELDIESEL Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:102 REAR ELEVATION- SOUTH SIDE TRASH/ RECYCLE ENCLOSURE PLAN TRASH/ RECYCLE ENCLOSURE ROOF PLAN SIDE ELEVATION- WEST SIDE SIDE ELEVATION- EAST SIDE FRONT ELEVATION- NORTH SIDE Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:103 REAR ELEVATION- SOUTH SIDESIDE ELEVATION- EAST SIDE FRONT ELEVATION- NORTH SIDESIDE ELEVATION- WEST SIDE COLOR LEGEND MATERIAL LEGEND Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:104 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 105 Gr La FL Red Ne Toy Eld Su Tys Saw Rha Wf Pfd Ber HP Cal Cat DIS P 2 DIS P 4 9 DIS P 6 10 DIS P 1 DIS P 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 SuSuSu Su Su SuSu Su Su Su Su Su Eld Eld EldEld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Toy Toy ToyToy ToyToy ToyToy Toy Toy Toy Toy Toy ToyToy Toy Toy Toy Toy Toy Toy Toy Toy Toy Eld Eld Su Su Su Rha Rha Rha Rha Rha RhaRha Rha Rha Rha Rha RhaRha RhaRha Rha Rha Rha Tys TysTys TysTysTys Saw Saw Saw Saw Saw Tys Tys Tys Tys TysTys Tys Saw Saw SawSaw Tys Tys TysTysTys TysTysTys SawSaw Saw Red Ber Ber Ber Ber Ber Ber Ber Ber Ber Red RedRed FL FL FL NeNe Ne Cal HPHPHPLaLa Gr Gr GrRed Red Red Red Red Red Red Red Red La La La Cal CalFL Ber PfdGr PfdPfd Red Red Red Red Wf Wf Red Wf Wf Wf Wf RedRed Gr La La La La La Ber RedRed Red Red Red BerBer Ber BerBerNeNeNe Red Red Red Red Red RedRed Red Red RedRed Red Red Red Red Red RedRed RedRed Red FL FL FL FLFL FL FLFL Ber Ber Ber Ber Ber Red RedRed RedRed Red Red Red Red Red Red Red Red Red Red Red Red Red RedGr Gr Gr GrGr Gr Gr Gr Gr Gr GrGr GrGr Gr Gr Cal Cal Cal Cal Cal La La La La La La La La La LaLa LaLa La La LaLa LaLa La La La La La La LaLaLa La La La La La La LaLa Pfd Pfd Pfd PfdPfd Pfd PfdPfd Pfd Pfd PfdPfd PfdPfd Pfd Pfd Pfd Pfd Pfd Pfd Pfd Wf WfWf Wf Wf Wf Wf WfWf WfWf Wf WfWf Wf Wf Wf FL FL FL HP HPHPHP HP HP HP HP Wf WfWf Wf Wf Wf Wf Ne Ne Ne Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Wf Wf Red Red Red Ne NeNe LaLaLa LaLa Cal Cal Cal PfdPfd WfWf WfLa LaLa La LaLa La FL FL FL FL RedRed Red Red Red Red Red Red HP Red Red Ne Ne Ne Ne Ne Gr Gr Red Red Red Red Red Red Ne Ne Ne FL FL FL Wf Wf Wf La La La La La La RedRedRed CalRed Ber Ber Ber Ber Ber Ber Ber Ber Ber La La Pfd Pfd Pfd La La La WfWf Wf Wf Wf Ne Ne Ne Cal Red Red Red Gr GrGrGrHP HP Ne Red Red Pfd Pfd Pfd PfdPfd Pfd Pfd HPHP HP HPHPHPNeNe Ne Ne NeNe LaLaLa LaLaLa La RedRed Red Red Red FLFL Wf Wf Wf Wf Wf HPHP HP Red Red Red Red Red Pfd Pfd PfdPfd PfdLa GrGr Gr Gr RedRedRed Red Red Red Red NeNeNe NeNeNe WfWf WfWf Wf Wf Wf Wf LaLa La La LaLa LaLa La LaLaLa FL FL Wf WfBer BerWf Red Red Red Red Red Red RedRed La LaLa La La La La LaLa LaRed RedRed Red FLLaLa La Red Red RedRed FL Red RedRed Ber Ber Ber La Wf Wf Ber Red WfWf Wf FL FL Red Red Red La La Ne Ne Ne Ne Ne Ber Ber Ber BerBer Ber Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Pfd LaLa LaLa Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Ne Ne Red Red Red Cat Cat Cat Cat Cat Cat Cat Wf Wf Wf Cal La La La La La HP HPHP FL FLNeNe Ne Wf Wf Wf Wf Wf Gr Red Red ToyToyToyRhaRhaRha Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Ne Ne Ne Ne NeNe RedRed Red Gr Gr Wf Wf La La La Ber BerBer FLFL BerBerBer Ber Ber Ber Ne Ne NeNe Ber Ber NeNeNeBer BerBerPfd Ber Ber Ber Ber Ber Pfd CalCal Cal Cal Cal DEV2020-003 Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 106 Su Su Su Su Su Eld Eld Eld Eld Eld Eld Eld Eld Toy Toy Toy Toy Toy ToyToy Toy Toy Toy Toy Toy Toy Toy Toy Toy Eld Eld Su Rha Rha Rha RhaRha RhaRha Rha Rha Rha Tys Tys TysTys TysTysTys SawSaw Saw Red Ber Ber Ber Ber Ber Ber Ber Ber Ber Red RedRed FL FL FL Ne Ne Ne Cal HPHPHP LaLa Gr Gr GrRed Red Red Red Red Red Red Red Red La La La Cal CalFL Ber PfdGr Wf Wf Wf Wf La La La Ber RedRed Red Red Red Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Ber Wf Wf Red Red RedHP Red Red Ne Ne Ne Ne Ne Gr Gr Red Red Red Red Red Red Ne Ne Ne FL FL FL Wf Wf Wf La La La La La La RedRedRed Cal Red Ber Ber Ber Ber Ber Ber Ber Ber Ber La La Pfd Pfd Pfd La La La Wf HP HP Ne Red Red Pfd Pfd Pfd PfdPfd Pfd Pfd HPHP HP HPHPHPNeNe Ne Ne NeNe LaLaLa LaLaLa La Red Red Red Red Red FLFL Wf Wf Wf Wf Wf HPHP HP Red Red Red Red Red Pfd Pfd PfdPfd PfdLa GrGr Gr Gr RedRed Red Red Red Red Red NeNeNe NeNe Ne WfWf WfWf Wf Wf Wf Wf LaLa La La LaLa La La La LaLa La FL FL Wf WfBer BerWf Red Red Red Red Red Red RedRed La LaLa La La La La La La LaRed Red Red Red FL LaLa La Red Red RedRed FL Ber Ber Ber Wf Wf Ber Red WfWf Wf FL FL Red Red Red La La Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Ne Ne Red Red Red Cat Cat Cat Cat Cat Cat Cat Wf Wf Wf Cal La La La La La HP HPHP FL FLNeNe Ne Wf Wf Wf Wf Wf Gr Red Red ToyToyToyRhaRhaRha Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Ne Ne Ne Ne NeNe RedRed Red Gr Gr La La La Ber BerBer BerBerBer Ber Ne Ne NeNe Ber Ber NeNe NeBer BerBerPfd Ber Ber Ber Ber Ber Cal Cal Cal Gr Gr Gr La FL Red Ne Toy Eld Su Tys Saw Rha Wf Pfd Ber HP Cal Cat DEV2020-003 I AGREE TO COMPLY WITH THE REQUIREMENTS OF MMC CHAPTER 15.04 AND SUBMIT A COMPLETE LANDSCAPE DOCUMENTATION PACKAGE. Landscape architect's name: Jeffrey Varley Address: 18215 72nd Avenue South, Kent, WA 98032 Telephone Number: 425-251-6222 Landscape Architect's seal: see titleblock this sheet ACCENT PAVING. SEE ARCHITECT OR CIVIL ENGINEERING SET DECORATIVE LANDSCAPING AT ENTRIES EXISTING RIGHT OF WAY SIDEWALK CURB AND GUTTER BIKE LANEPROPOSED BIO-BASIN. SEE CIVIL ENGINEERING SET PROPOSED WALL. SEE CIVIL ENGINEERING SET PROPERTY LINE AND CAL-TRANS R/W EXISTING LIGHT PROPOSED LIGHT PROPOSED LIGHT PROPOSED LIGHT PROPOSED LIGHT PROPERTY LINE AND CAL-TRANS R/W PROPOSED PROPERTY LINE AND CAL-TRANS RIGHT OF WAY SCREENING SHRUBS MOVED AWAY FROM FRONT OF PARKING STALLS TO AVOID DAMAGE FROM VEHICLE OVERHANG. NO CURB STOPS ARE PROPOSED SITE INFORMATION: Site Address: 27851 Encanto Drive, Menifee, CA 92856 APN: 333-040-004 SIGHT DISTANCE TRIANGLE SIGHT DISTANCE TRIANGLE PROPERTY BOUNDARY CITY OF MENIFEE NOTES: SITE LANDSCAPE DESIGN AND INSTALLATION SHALL CONFORM TO MMC CHAPTER 15.04 AND 9.195, AND STATE OF CALIFORNIA MWELO (CCR CHAPTER 2.7 UPDATED 2015). INSTALL ROOT CONTROL BARRIERS WITH ALL TREES IN ACCORDANCE WITH CITY LANDSCAPE STANDARDS. EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY PROPOSED RIGHT OF WAY Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 107 DIS P 2 DIS P 4 9 DIS P 6 10 DIS P 1 DIS P 3 DIS P 5 11 12 7 8 5 6 3 4 1 2 Su SuSu Su Su SuSu Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Eld Toy Toy ToyToy ToyToy ToyToy Toy Toy Toy Toy Toy ToyToy Toy Toy Toy Eld Su Su Su Rha Rha Rha Rha Rha RhaRha Rha Rha Rha Rha Rha Rha Tys Tys Tys TysTysTys Saw Saw Saw Saw Saw Tys Tys Tys Tys TysTys Tys Saw Saw SawSaw Tys Tys Tys TysTys TysTysTys Red Ber Ber Ber Ber Ber Ber Ber Ber Ber Red RedRed FL FL FL Ne Ne Ne Cal HPHPHP LaLa Gr Gr GrRed Red Red Red Red Red Red Red Red La La La Cal CalFL Ber PfdGr PfdPfd Red Red Red Red Wf Wf Red Wf Wf Wf Wf RedRed Gr La La La La La Ber RedRed Ber Ber Ber BerBerNeNeNe Red Red Red Red Red Red Red Red Red RedRed Red Red Red Red Red Red Red RedRed Red FL FL FL FLFL FL FLFL Ber Ber Ber Ber Ber Red RedRed RedRed Red Red Red Red Red Red Red Red Red Red Red Red Red Red Gr Gr Gr Gr Gr Gr Gr Gr Gr Gr Gr Gr GrGr Gr Gr Cal Cal Cal Cal Cal La La La La La La La La La LaLa LaLa La La LaLa LaLa La La La La La La LaLaLa La La La La La La LaLa Pfd Pfd Pfd PfdPfd Pfd PfdPfd Pfd Pfd Pfd Pfd PfdPfd Pfd Pfd Pfd Pfd Pfd Pfd Pfd Wf WfWf Wf Wf Wf Wf WfWf WfWf Wf WfWf Wf Wf Wf FL FL FL HP HPHPHP HP HP HP HP Wf Wf Wf Wf Wf Wf Wf Ne Ne Ne Wf Wf Red Red Red Ne NeNe LaLaLa LaLa Cal Cal Cal PfdPfd WfWf WfLa LaLa La LaLa La FL FL FL FL RedRed Red Red Red Red Red Red Red WfWf Wf Wf Wf Ne Ne Ne Cal Red Red Red Gr GrGrGrHP HP Ne Red Red Pfd Pfd Pfd PfdPfd Pfd Pfd HPHP HP HPHPHPNeNe Ne Ne NeNe LaLa La LaLaLa La Red Red Red Red Red FLFL Wf Wf Wf Wf Wf HPHP HP Red Red RedPfd Pfd PfdPfd Pfd Red RedRed Ber Ber Ber La Wf Ber Ne Ne Ne Ne Ne Ber Ber Ber Ber Ber Ber Ne Ne Ne Ber Ber Ber Ber Ber Ne Ne Ne Pfd La La LaLa Ne Ne Ne Ne Ne Ne Ne Ne Ne Ne Cat Cat Cat Wf Wf Wf Cal La La La La La HP HPHPNeWf Wf Wf Wf Gr Red Red ToyToyToyRhaRhaRha Wf Wf La La La Ber BerBer FLFL BerBerBer Ber Ber Ber Ne Ne NeNe Cal Cal Cal Gr Gr Pfd CalCal Cal Cal Cal DEV2020-003 ACCENT PAVING. SEE ARCHITECT OR CIVIL ENGINEERING SET DECORATIVE LANDSCAPING AT ENTRIES RAISED CURB AT PARKING PROPOSED LANDSCAPING 18"-24" HEIGHT BERM AND PLANTINGS TO SCREEN GAS PUMPS FROM PEDESTRIANS AND DRIVERS ALONG ENCANTO DRIVE. SEE SECTION THIS SHEETSECTION A - A SEE CIVIL ENGINEERING SET FOR PROPOSED TOPOGRAPHYRAISED CURB AT PARKING BEYOND SECTION LINE DECIDUOUS SHADE TREE BEYOND SECTION LINE PROPOSED BERM PROPOSED SHRUBS TO SCREEN PARKING AND GAS PUMPS FROM ENCANTO DR. SHRUB BEYOND SECTION LINE PARKING EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY SIDEWALK CURB AND GUTTER BIKE LANE EXISTING LIGHT PROPOSED LIGHT PROPOSED LIGHT PROPOSED LIGHT PROPOSED LIGHT REQUIRED SCREENING SHRUBS MOVED TO BERM TO AVOID CONFLICT WITH PARKED CARS, AVOID CREATING HIDING AREAS, AND PROVIDE ADDITIONAL HEIGHT FOR SCREENING FROM ENCANTO DRIVE SCREENING SHRUBS MOVED AWAY FROM FRONT OF PARKING STALLS TO AVOID DAMAGE FROM VEHICLE OVERHANG. NO CURB STOPS ARE PROPOSED SIGHT DISTANCE TRIANGLE PROPERTY BOUNDARY 15' SETBACK A permanent automatic irrigation system shall be designed and installed to irrigate all planting areas. The irrigation controller(s) shall be equipped from the manufacturer with weather/evapotranspiration (ET) sensing capabilities to automatically adjust watering schedules and amounts. The design of the irrigation system shall emphasize water conservation and provide efficient and uniform distribution of irrigation water. If the site is planned to utilize recycled water in the landscape, then the irrigation system shall be designed in accordance with State of California and Eastern Municipal Water District (EMWD) rules and regulations for recycled water use. Drip and/or bubbler irrigation, or other low-volume, low-pressure micro-irrigation system as approved by the City of Menifee and EMWD, shall be installed in planter areas to provide water directly to the root zone of plants. The irrigation system may utilize efficient rotator nozzles in large planting areas, subject to the approval of EMWD and the City. The automatic irrigation system shall be designed in accordance with the City of Menifee Ordinance No. 2009-61, “Landscape Water Use Efficiency Requirements,” and Landscape Standards. For sites utilizing potable water for landscape irrigation, a reduced pressure backflow preventer shall be installed after the water meter to protect the potable water supply in accordance with State of California, City of Menifee, and EMWD standards and requirements. All parking lot areas visible from adjoining properties and public rights-of-way (off site) shall be effectively screened with landscaping. Screening shall include trees, dense evergreen shrubs, low walls, earth berms or a combination thereof. All outdoor mechanical equipment shall be effectively screened with landscaping. Screening shall include trees, dense evergreen shrubs, low walls, earth berms or a combination thereof. All drive-through lanes shall be screened from adjacent street rights-of-way with dense evergreen shrub hedges (4 feet hgt. max.) in minimum 5-foot wide planters between the drive-through and right-of-way. The Landscape Plan indicates landscape improvements for both on site and off site (public rights-of-way, parks, basins, etc.) areas. The Property Owner shall maintain off site areas until such time as the off site landscape areas are annexed into a Special District (CFD or L&LMD) and accepted by the City for maintenance purposes. The Property Owner acknowledges that separate utility meters (water and electric) for irrigation use are required to be installed by the Owner prior to the City's acceptance of the off site areas for maintenance by the Special District. In addition, Property Owner acknowledges that costs for annexation into the Special District, and installation of the irrigation water and electric meters, shall be borne by the Property Owner. Landscape improvements in off site areas/public rights-of-way shall be separated from privately-maintained on site landscape areas with a City-standard, continuous concrete mow curb (6” x 8”) along the property line (on site). PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY EXISTING RIGHT OF WAY EXISTING AND PROPOSED RIGHT OF WAY OVERLAP PROPERTY LINE AND CAL-TRANS R/W PROPOSED PROPERTY LINE AND CAL-TRANS RIGHT OF WAY Item Title:&nbsp;9.2 Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003Item Page Number: 108 RESOLUTION PC 21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. PLN 20-0002 FOR ENCANTO GAS STATION, CONVENIENCE STORE, AUTOMATED DRIVE-THRU CAR WASH, AND DRIVE-THRU FAST-FOOD RESTAURANT LOCATED NORTH OF MCCALL BOULEVARD, SOUTH AND WEST OF ENCANTO DRIVE, AND EAST OF I-215 FREEWAY (APNS: 333-040-002, -003, AND -004) WHEREAS, on January 7, 2020 the applicant, KA Enterprises, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN 20-0002 to allow for the gasoline service stations, convenience store, drive-thru car wash and drive-thru fast-food restaurant; and, WHEREAS, on January 7, 2020, the applicant KA Enterprises, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN 20-0003, which proposes the development of a gas station, convenience tore, automated drive-thru carwash, and (drive-thru) fast-food restaurant on 2.10 gross acres. The project will consist of a 3,200-square-foot (sq. ft.) convenience store, a 3,200-sq. ft. fueling canopy including six (6) dual pumps, a 1,140-sq. ft. automated car wash with drive thru and a 3,900-sq. ft. fast-food restaurant with drive-thru, which is a combined total of 11,340 sq. ft. (APNs: 333-040-002,-003, and -004 and, WHEREAS, on March 24, 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 Conditional Use Permit No. PLN 20-0002, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 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: A. The proposed design and location of the Conditional Use Permit is consistent with the adopted General Plan and any applicable specific plan. The Project site is designated Economic Development Corridor (EDC) per the City of Menifee’s General Plan and Zoning map and is intended for a variety of commercial, entertainment, office and industrial uses. Specifically, the Project site is located within the EDC: McCall Boulevard (EDC-MB). The General Plan encourages businesses which provide convenience goods and services that are on arterials adjacent to neighborhoods and communities throughout the city, but not rural residential areas. The Project, which includes a gasoline service station, convenience store, and drive-thru carwash, and drive-thru fast-food restaurant, is consistent with Economic Development Corridor General Plan land use designation, because the project will provide goods and services to the surrounding residential and commercial communities, and will incorporate architectural design elements that are seen consistently Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:109 Page 2 of 4 Conditional Use Permit No. PLN 20-0002 March 24, 2021 throughout the City of Menifee and are consistent with the City’s design guidelines and General Plan. B. The proposed design and location of the conditional use is consistent with the adopted development and operation of this Title, including any applicable specific use regulations. The Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities. Economic Development Corridor is a commercial corridor within the northerly portion of the City with Interstate 215 located in relatively close proximity to the west of the property. The architecture of the Project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. Therefore, the Project is consistent with this Title, General Plan, and State regulations. C. That the proposed site adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity. Given the unusual shape of the Project site, the applicant managed to make use of the area of space development by incorporating a fast- food drive-thru restaurant, drive-thru carwash, and gas station and convenience store. The Project site will have two points of access from Encanto Drive. Secondary access will be located at the northern point of the site, and main access will be south with direct access to the gas station from Encanto Drive. Perimeter and project landscaping will be provided to visually screen the parking lot and drive aisles from surrounding roadways along Encanto Drive. The Project sites sits at the base of a slope which abuts McCall Boulevard; therefore, the car wash and fast-food drive thru would have minimal visibility from McCall Boulevard. D. That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. The Project site is located north of McCall Boulevard, south and west of Encanto Drive, and east of Interstate 215 freeway. To the north and east of the site if vacant land. To the west is the I-215, and south of the site is commercial uses (Wendy’s fast-food restaurant and Motel 6). Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:110 Page 3 of 4 Conditional Use Permit No. PLN 20-0002 March 24, 2021 The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. The Project will provide additional goods and service options in the northerly portion of the City. The Project incorporates quality architecture and landscaping which will enhance the area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Building and Safety, Engineering and Public Works, Riverside County Fire, Riverside County Sheriff’s Department, and Riverside County Environmental Health. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Additionally, the Project is required to include security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Therefore, the Project is not anticipated to create detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity. Consistency with Multiple Specie 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 Project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the Project is not located with a Criteria Cell or Cell Group. The Project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Section 2: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project has been determined to be Categorically Exempt (Class 32 – Section 15332, “In-Fill Development Projects”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Class 32 consists of projects characterized as in-fill development and can Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:111 Page 4 of 4 Conditional Use Permit No. PLN 20-0002 March 24, 2021 adequately be served by all utility purveyors. The Project is zoned Economic Development Corridor – McCall Boulevard (EDC-MB), which allows the use of a gas station/convenience store, car wash, and fast- food restaurant and is consistent with the standards and policies set forth in the general plan and zoning code. The Project site is 2.10 gross acres and is generally surrounded by commercial retail uses, vacant commercially designated properties, the I-215 and McCall Boulevard. The Project site does not support the possibility of endangered or threatened species, because the site is disturbed, and there is an existing foundation from previous development. Additionally, the site is not viable for endangered species. The project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. 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 Conditional Use Permit No. PLN 20-0002 subject to the Conditions of Approval set forth in Exhibit “A” of this Resolution. PASSED, APPROVED AND ADOPTED this the 24th day of March, 2021. _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:112 Page 1 of 9 2 6 8 9 6 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Conditional Use Permit No. PLN 20-0002 (“Encanto Gas Station, Convenience Store, Automated Drive-Thru Car Wash, and Drive-Thru Fast-Food Restaurant”) Project Description: Conditional Use Permit No. PLN 20-0002 (“Encanto Gas Station, Convenience Store, Automated Drive-Thru Car Wash, and Drive-Thru Fast-Food Restaurant”) would allow for the gasoline service stations, convenience store, automated Drive-Thru car wash, and Drive-Thru Fast-Food Restaurant. Approval of the CUP will also include Findings of Public Necessity and Convenience required by the California Department of Alcoholic Beverages Control (ABC) due to an overconcentration of alcohol licenses in the area. Associated Applications: Plot Plan No. PLN20-0003 would allow for the gas station, convenience store, automated drive-thru car wash, and drive- thru fast-food restaurant. Conditional Use Permit No. PLN 20-0004 to allow the sale of beer and wine for off-premise consumption at the proposed convenience store. Assessor's Parcel No.:333-040-002, -003, -004 Approval Date:March 24, 2021 Expiration Date:March 24, 2024 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:113 Page 2 of 9 2 6 8 9 6 Within 48 Hours of the Approval of This Project 1.Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 2.Filing Notice of Exemption. The applicant/developer 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 ($50) for the County administrative fee, to enable the City to file the Notice of Exemption (NOE) for the project within forty-eight (48) hours of the approval of the project. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:114 Page 3 of 9 2 6 8 9 6 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:115 Page 4 of 9 2 6 8 9 6 Section I: Conditions Applicable to All Departments Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:116 Page 5 of 9 2 6 8 9 6 3.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. PLN 20-0003 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the permittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT B = Elevations of Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT C = Floor Plans for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT G = Grading Plan for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No. PLN 20- 0003, dated November 30, 2020. 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.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 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. 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.Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. PLN 20-0003, and Conditional Use Permit No. PLN 20-0002 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:117 Page 6 of 9 2 6 8 9 6 7.Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 8.Business License. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 9.Expiration Date. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a 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-(3)-year period, the permittee may request up to a three-(3)-year extension of time in which to begin substantial construction or use of this permit. Should the three-(3)-year extension be obtained and no substantial construction or use of this permit be initiated within six (6) years of the approval date this permit, shall become null and void. 10.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:118 Page 7 of 9 2 6 8 9 6 Section II: Community Development Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:119 Page 8 of 9 2 6 8 9 6 General Conditions 11.Comply with Ordinances. The development of these premises shall comply with the standards of the City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. 12.Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 13.Hours of Operation for Gas Station/Convenience Store. The allowed hours of operation for the gas station and convenience store shall be twenty-four (24) hours seven (7) days per week. 14.Ceased Operations. In the event the uses hereby permitted cease operation for a period of one (1) year or more, excluding renovation and casualty, this approval shall become null and void. Prior to Building Permit Issuance 15.Security Systems. Prior to the issuance of a building permit, the applicant shall prepare and obtain approval (from City of Menifee Police Department and/or Planning Division of the Community Development Department) of a security plan for the site. In addition to the common burglary/security alarm system, the applicant shall also install exterior cameras to monitor all parking stalls surrounding the exterior of this store. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. Security cameras shall be installed in the interior of this business that records the shopping aisles as well as the counters and cash registers. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. Prior to Final Occupancy 16.Security System Inspection. The City of Menifee Police Department and/or Planning Division of the Community Development Department shall verify that the security system has been installed prior to final occupancy. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:120 Page 9 of 9 2 6 8 9 6 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) Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:121 RESOLUTION PC 21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. PLN 20-0004 FOR THE SALE OF BEER AND WINE FOR OFF- PREMISE CONSUMPTION LOCATED NORTH OF MCCALL BOULEVARD, SOUTH AND WEST OF ENCANTO DRIVE, AND EAST OF I-215 FREEWAY (APN: 333-040-002, -003, AND -004) WHEREAS, on January 7, 2020, the applicant, KA Enterprises, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. 20- 0004 for the sale of beer and wine at the proposed convenience store for off-premise consumption; including Findings of Public Necessity and Convenience required by the California Department of Alcoholic Beverages Control (ABC) due to an overconcentration of alcohol licenses in the area. and, WHEREAS, on January 7, 2020, the applicant, KA Enterprises, filed a formal application with the City of Menifee for the approval of the following: (1) Plot Plan No. PLN 20-0003, which proposes the development of a gas station, convenient store, automated drive-thru carwash, and (drive-thru) fast-food restaurant on 2.10 gross acres. The project will consist of a 3,200-square-foot (sq. ft.) convenience store, a 3,200-sq. ft. fueling canopy including six (6) dual pumps, a 1,140-sq. ft. automated car wash with drive thru and a 3,900-sq. ft. fast-food restaurant with drive-thru, which is a combined total of 11,440 sq. ft. (APNs: 333-040-002,-003,-004); and Conditional Use Permit No. PLN 20-0002 to allow for the gasoline service stations, convenience store, drive-thru car wash and drive-thru fast-food restaurant;: and, WHEREAS, on March 24, 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 Conditional Use Permit No. PLN 20-0004, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 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:Findings for a Conditional Use Permit. A. The proposed design and location of the Conditional Use Permit is consistent with the adopted General Plan and any applicable specific plan. The Project site is designated Economic Development Corridor (EDC) per the City of Menifee’s General Plan and Zoning map and is intended for a variety of commercial, entertainment, office and industrial uses. Specifically, the Project site is located within the EDC: McCall Boulevard (EDC-MB). The General Plan encourages businesses which provide convenience goods and services that are on arterials adjacent to neighborhoods and communities throughout the city, but not rural residential areas. The Project, which includes a gasoline service station, convenience store, and drive-thru carwash, and drive-thru fast-food restaurant, is consistent with Economic Development Corridor General Plan land Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:122 Page 2 of 6 Conditional Use Permit No. PLN 20-0004 March 24, 2021 use designation, because the project will provide goods and services to the surrounding residential and commercial communities, and will incorporate architectural design elements that are seen consistently throughout the City of Menifee and are consistent with the City’s design guidelines and General Plan. B. The proposed design and location of the conditional use is consistent with the adopted development and operation of this Title, including any applicable specific use regulations. The Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities. The Economic Development Corridor – McCall Boulevard subarea is a commercial corridor within the central portion of the City with Interstate 215 located in relatively close proximity to the west of the property. The architecture of the Project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. Therefore, the Project is consistent with the Municipal Code, General Plan, and State regulations. C. That the proposed site adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity. The Project includes a fast-food drive-thru restaurant, drive-thru carwash, and gas station and convenience store. The Project site will have two points of access from Encanto Drive. Off premise alcohol sales from the convenience store has been reviewed and compliance with operations conditions are included in Exhibit A. Secondary access will be located at the northern point of the site, and main access will be south with direct access to the gas station from Encanto Drive. Perimeter and project landscaping will be provided to visually screen the parking lot and drive aisles from surrounding roadways along Encanto Drive. The Project sites sits at the base of a slope which abuts McCall Boulevard; therefore, the car wash and fast-food drive thru would have minimal visibility from McCall Boulevard. D. That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. The Project site is located north of McCall Boulevard, south and west of Encanto Drive, and east of Interstate 215 freeway. To the north and east of the site if vacant land. To the west is the I-215, and south of Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:123 Page 3 of 6 Conditional Use Permit No. PLN 20-0004 March 24, 2021 the site is commercial uses (Wendy’s fast-food restaurant and Motel 6). The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. The Project will provide additional goods and service options in the northerly portion of the City. The Project incorporates quality architecture and landscaping which will enhance the area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Building and Safety, Engineering and Public Works, Riverside County Fire, Riverside County Sheriff’s Department, and Riverside County Environmental Health. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Additionally, the Project is required to include security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Therefore, the Project is not anticipated to create detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity. Consistency with Multiple Specie 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 Project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the Project is not located with a Criteria Cell or Cell Group. The Project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Section 2: Public Convenience or Necessity Findings. A. The proposed use is consistent with the General Plan and development code. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:124 Page 4 of 6 Conditional Use Permit No. PLN 20-0004 March 24, 2021 The General Plan land use designation of Economic Development Corridor (EDC) allows for a mixture of residential and commercial uses and services, such as gas stations, convenience stores, shopping centers and restaurants. The sale of alcohol is consistent in the EDC and can satisfy customer needs as envisioned for the EDC section of the General Plan. B. The proposed use is compatible with the nature, condition and character of adjacent land uses. The surrounding land uses consist of primarily commercial, some residential and vacant commercial land. The existing surrounding businesses are similar and include fast-food restaurants, gas station and convenience stores and motel lodging. These existing uses will complement the proposed project for a gas station, carwash, and fast- food restaurant. C. The proposed use would not have an adverse effect on adjacent uses. As previously stated, the project site is bounded by vacant commercial to the north and east of the project site. On the south side of McCall Boulevard, there is an existing gas station and convenience store and fast-food restaurant. And west of the site is the I-215 freeway. Because similar commercial uses are existing within close proximity to the project site, there is no potential for the proposed project to have an adverse effect on surrounding properties. D. The proposed use would not result in an excessive number of similar establishments in close proximity. The location of the proposed gas station, carwash and fast-food restaurant would not result in an excess of similar establishments in the area, because there is limited commercial establishments in the area. Most of the property to the north and east is vacant land. Currently, east bound traffic on the south side of McCall Boulevard benefits from Valero Service Station because it is located on the south side of McCall Boulevard. Additionally, east bound traffic on McCall Boulevard benefits from easy access to the existing Wendy’s fast-food restaurant. The addition of the proposed project would bring business to the area and offer another fast-food restaurant, an automated carwash facility, and fueling station and convenience store to the westbound traffic on McCall Boulevard. The new commercial development would be a welcome addition of commercial retail options for local residences. E. The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals or welfare. The design and development of the project will enhance the McCall Boulevard and Encanto Drive corridor with its landscape and building Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:125 Page 5 of 6 Conditional Use Permit No. PLN 20-0004 March 24, 2021 architecture. The development of a gas station, convenience store, carwash and fast-food restaurant would be a welcome addition to the area to provide additional ease of service to its surrounding residences within the EDC zone. The EDC zone is intended for a mixture of residential and commercial uses and would not be a detriment to the surrounding properties or existing businesses. F. Notice of hearing shall be given to all owners of property within 1,000 feet of the subject facility, to any elementary school or secondary school district within whose boundaries the facility is located and to any public entity operating a public park or playground within 1,000 feet of the subject facility. The Community Development Director may require that additional notice be given, in a manner the Director deems necessary or desirable, to other persons or public entities. The project site has been properly noticed with a radius of 1,000 feet which is required for any project requiring Alcohol Beverage Consumption Licensing. Hearing notifications will abide by the Ralph M. Brown Act and noticing will be provided to the local newspapers and posted outside Menifee City Hall for public notification. Section 3: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project has been determined to be Categorically Exempt (Class 32 – Section 15332, “In-Fill Development Projects”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Class 32 consists of projects characterized as in-fill development and can adequately be served by all utility purveyors. The Project is zoned Economic Development Corridor – McCall Boulevard (EDC-MB), which allows the use of a gas station/convenience store, car wash, and fast-food restaurant and is consistent with the standards and policies set forth in the general plan and zoning code. The Project site is 2.10 gross acres and is generally surrounded by commercial retail uses, vacant commercially designated properties, the I-215 and McCall Boulevard. The Project site does not support the possibility of endangered or threatened species, because the site is disturbed, and there is an existing foundation from previous development. Additionally, the site is not viable for endangered species. The project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. 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 Conditional Use Permit No. PLN Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:126 Page 6 of 6 Conditional Use Permit No. PLN 20-0004 March 24, 2021 20-0004 subject to the Conditions of Approval set forth in Exhibit “A” of this Resolution. PASSED, APPROVED AND ADOPTED this the 24th day of March, 2021 _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:127 Page 1 of 11 2 6 8 9 7 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Conditional Use Permit No. PLN 20-0004 (“Encanto Gas Station, Convenience Store, Automated Drive-Thru Car Wash, and Drive-Thru Fast-Food Restaurant”) Project Description: Conditional Use Permit No. PLN 20-0004 (“Encanto Gas Station, Convenience Store, Automated Drive-Thru Car Wash, and Drive-Thru Fast-Food Restaurant”) is for the sale of beer and wine for off-premise consumption at the proposed convenience store located north of McCall Boulevard, south of Encanto Drive, east of Interstate 215 freeway, and west of Encanto Drive, within the City of Menifee. Associated Applications: Conditional Use Permit No. PLN 20-0002 would allow for the gas station, convenience store, automated drive-thru car wash, and drive-thru fast-food restaurant. Plot Plan No. PLN20-0003 would allow for the gas station, convenience store, automated drive-thru car wash, and drive-thru fast-food restaurant. Assessor's Parcel No.:333-040-002, -003, -004 Approval Date:March 24, 2021 Expiration Date:March 24, 2024 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:128 Page 2 of 11 2 6 8 9 7 Within 48 Hours of the Approval of This Project 1. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 2. Filing Notice of Exemption (NOE). The applicant/developer 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 ($50) for the County administrative fee, to enable the City to file the Notice of Exemption (NOE) for the project within forty-eight (48) hours of the approval of the project. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:129 Page 3 of 11 2 6 8 9 7 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:130 Page 4 of 11 2 6 8 9 7 Section I: Conditions Applicable to All Departments Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:131 Page 5 of 11 2 6 8 9 7 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. PLN 20-0003 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. PLN 20-0003, dated November 30, 2020. APPROVED EXHIBIT C = Floor Plans Plan for Plot Plan No. PLN 20-0003, dated November 30, 2020. 4. Ninety (90) Days to Protest. The land divider 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 the approval or conditional approval of this project. 5. 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 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. 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. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. 20-0003 and Conditional Use Permit No. 20-0002. 7. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 8. Business License. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:132 Page 6 of 11 2 6 8 9 7 9. Expiration Date. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within a 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-(3)-year period, the permittee may request up to a three-(3)-year extension of time in which to begin substantial construction or use of this permit. Should the three-(3)-year extension be obtained and no substantial construction or use of this permit be initiated within six (6) years of the approval date this permit, shall become null and void. 10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:133 Page 7 of 11 2 6 8 9 7 Section II: Community Development Department Conditions of Approval Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:134 Page 8 of 11 2 6 8 9 7 General Conditions 11. Comply with Ordinance. The development of these premises shall comply with the standards of the City Municipal Code and all other applicable ordinances and State and Federal codes. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 12. Licensing. At all times during the conduct of the permitted use the permittee shall maintain and keep in effect valid licensing approval from the Department of Alcohol Beverage Control, or equivalent agency as provided by law. Should such licensing be denied, expire or lapse at any time in the future, this permit shall become null and void. 13. Alcohol Education. The owner and the management of the convenience store shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. 14. Alcohol Warnings. The owner and the management of the convenience store shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. 15. Alcohol Training. The owner and the management of the convenience store shall provide adequate training for all employees at the location as to these matters. 16. Hours of Operation. The allowed hours of operation for the gas station and convenience store shall be twenty-four (24) hours seven (7) days per week. 17. Beer and Wine Sales – Time of Sales Limitation. The sale of alcoholic beverages (beer and wine) shall cease between the hours of 2:00 a.m. to 7:00 a.m. 18. State of California Department of Alcoholic Beverage Control (ABC) License. The property owner or convenience store operator is responsible for obtaining the appropriate ABC license. Proof of such license shall be submitted to the City. 19. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, excluding renovation and casualty, this approval shall become null and void. 20. Beer and Wine Sales. The following development standards shall apply to the sale of beer and wine: a. The property owner, tenant of the premises and their management shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:135 Page 9 of 11 2 6 8 9 7 beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the property owner, tenant of the premises and their management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the property owner, tenant of the premises and their management shall provide adequate training for all employees at the location as to these matters. b. Only beer and wine may be sold. c. No displays of alcoholic beverages shall be located within five feet of any building entrance or checkout counter. d. Alcoholic beverages shall be sold from, or displayed in, the main, permanently affixed electrical coolers only. e. No alcoholic beverage advertising shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas. f. No sale of alcoholic beverages shall be made from a drive-in window. g. Employees selling alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. h. The sales of single-serve cans or bottles of beer as classified by the California Department of Alcoholic Beverage Control, shall be prohibited unless packaged in a group of four or more. Single-serve wine bottles less than 750 ml in size, shall also be prohibited. 21. Beer and Wine. This approval is for the sale of beer and for offsite consumption only. 22. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 23. Distilled Spirits Not Allowed. The CUP is for the sale Beer and Wine as classified by the State of California Department of Alcoholic Beverage Control only. The sales of other alcoholic beverages are not permitted. 24. Liquor Store Not Approved. The CUP is not for the approval of a liquor store. 25. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or restaurant. 26. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:136 Page 10 of 11 2 6 8 9 7 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). Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Building Permit Issuance 27. Security Systems. Prior to the issuance of a building permit, the applicant shall prepare and obtain approval from City of Menifee Police Department of a security plan for the site. In addition to the common burglary/security alarm system, the applicant shall also install exterior cameras to monitor all parking stalls surrounding the exterior of this store. These cameras shall be attached to the proposed light poles in the parking lot and/or the exterior of the building itself. Security cameras shall be installed in the interior of this business that records the shopping aisles as well as the counters and cash registers. The interior and exterior cameras shall be equipped with recording capabilities allowing it to save a minimum of four months of recording time. Prior to Final Occupancy 28. Security System Inspection. The City of Menifee Police Department shall verify that the security system has been installed in compliance with the requirements prior to final occupancy. Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:137 Page 11 of 11 2 6 8 9 7 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) Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:138 NOTICE OF PUBLIC HEARING TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter. DATE OF HEARING: March 24, 2021 PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS 29844 HAUN ROAD MENIFEE, CA 92586 Note: To confirm means and methods for participation, see the agenda, which will be posted at least 72 hours prior to the meeting at: https://www.cityofmenifee.us/agendas A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE PLANNING COMMISSION to consider the project shown below: Project Title: Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003 Project Location: The Project site is located north of McCall Boulevard, south and west of Encanto Drive, and east of Interstate 215 within the City of Menifee, County of Riverside, State of California (APNs: 333-040-002, -003, and -004). The Planning Commission will consider the following project at a public hearing: Plot Plan No. PLN 20-0003 proposes the development of a gas station, convenient store, automated drive-thru carwash, and (drive-thru) fast-food restaurant on 2.10 gross acres. The project will consist of a 3,200-square-foot (sq. ft.) convenience store, a 3,200-sq. ft. fueling canopy including six (6) dual pumps, a 1,140-sq. ft. automated carwash with drive thru and a 3,900-sq. ft. fast-food restaurant with drive-thru, which is a combined total of 11,340 sq. ft. The Project proposes a total of 53 parking stalls. Conditional Use Permit No. PLN 20-0002 would allow for the proposed gas station, convenience store, automated drive-thru car wash, and drive-thru fast-food restaurant. Conditional Use Permit No. PLN 20-0004 would allow to allow the sale of beer and wine for off-premise consumption at the proposed convenience store. Project Data: General Plan Land Use: Economic Development Corridor – McCall Boulevard (EDC-MB) Zoning: Economic Development Corridor – McCall Boulevard (EDC-MB). Environmental Information: The project has been determined to be Categorically Exempt (Class 32 – Section 15332, “In-Fill Development Projects”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. Class 32 consists of projects characterized as in-fill development and can adequately be served by all utility purveyors. The Project is zoned Economic Development Corridor – McCall Boulevard (EDC-MB), which allows the use of a gas station/convenient store, car wash, and fast-food restaurant and is consistence with the standards and policies set forth in the general plan and zoning code. The Project site is 2.10 gross acres and is generally surrounded by commercial retail uses, vacant commercially designated properties, the I-215 and McCall Boulevard. The Project site does not support the possibility of endangered or threatened species, because the site is disturbed, and there is an existing foundation from previous development, additionally, the site is not viable for endangered species. The project has been reviewed and it was determined it will not have an adverse effect related to traffic, noise, air quality, or water quality. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). Any person wishing to comment on the proposed project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the Planning Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:139 Commission, and the Planning Commission will consider such comments, in addition to any oral testimony, before making a decision on the proposed project. If this project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the Planning Commission may amend, in whole or in part, the proposed project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed project, may be changed in a way other than specifically proposed. For further information regarding this project, please contact Desiree Bowdan, at (951) 723-3770 or e-mail dbowdan@cityofmenifee.us, or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. To view the case file for the proposed project contact the Community Development Department office at (951) 672- 6777 Monday through Friday, from 8:00 A.M. to 5:00 P.M. Please send all written correspondence to: CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT Attn: Desiree Bowdan, Associate Planner 29844 Haun Road Menifee, CA 92586 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:140 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:141 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:142 Mindi De La Torre Southern California Edison 26100 Menifee Rd. Menifee, CA 92585 Riverside County Transportation Commission Attn: Cathy Bechtel, Project Development Director P.O. Box 12008 Riverside, CA 92502-2208 Josh Thiel-Tract Supervisor Southern California Edison 24487 Prielipp Dr. Wildomar Ca 92595 California Department of Trans. Dist. 8 Attn: Dan Kopulsky 464 West 4th Street San Bernardino, CA 92401 Riverside County Flood Control & Water Conservation District Attn: Deborah de Chambeau 1995 Market Street Riverside, CA 92501 Southern California Edison Third Party Environmental Review 2244 Walnut Grove Avenue, Quad 4C 472A Rosemead, CA 91770 Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 Menifee Union School District 29775 Haun Road Menifee, CA 92586 Attn: James Seller Pechanga Band of Mission Indians Attn: Ebru Ozdil, Cultural Analyst P.O. Box 2183, Temecula, CA 92592 South Coast Air Quality Management District: CEQA IGR 21865 Copley Drive Diamond Bar, CA 91765 Riverside County Dept. of Environmental Health Attn: Matt Riha 3880 Lemon St. 2nd Floor Suite 200 Riverside, CA 92501 Soboba Band of Luiseño Indians P.O. Box 487 San Jacinto, CA 92581 City of Murrieta – City Hall Planning Division 1 Town Square 24601 Jefferson Avenue Murrieta, CA 92562 Riverside Transit Agency Mauricio Alvarez, MBA 1825 3rd Street Riverside, CA 92507 The Gas Company 527 N. San Jacinto Street Hemet, CA 92548 Verizon California 9 South 4th Street Redlands, CA 92373 California Department of Trans. Dist. 8 Attn: Rosa Clark 464 West 4th Street San Bernardino, CA 92401 Perris Union High School District 155 East Fourth Street Perris, CA 92570 Attn: Candace Reines Eastern Municipal Water District Attn: Rebecca Tibayan P.O. Box 8300 Perris, CA 92572-8300 Lozeau Drury LLP 1939 Harrison Street, Suite 150 Oakland, CA 94612 Menifee Valley Historical Assoc. Attn: Barbara Spencer 33751 Zeiders Road Menifee, CA 92584 Riverside County Sheriff’s Dept Attn: Will Stens 137 N. Perris Blvd, Ste A Perris, CA 92501 Riverside County Waste Management Department 14310 Frederick Street Moreno Valley, CA 92553 James Salvador, Executive Assistant Valley-Wide Recreation and Park District P.O. Box 907 San Jacinto, CA 92581 California Council of the Blind 1510 J. Street, Suite 125 Sacramento, CA 92814 CA Dept. of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 California Council for the Blind Donna Pomerantz 1115 Cordova Street Pasadena, CA 91106 U.S. Fish & Wildlife Service 777 East Tahquitz Canyon Way, Suite 208 Palm Springs, CA 92262 Western Riverside County Regional Conservation Authority 3403 Tenth Street, Suite 320 Riverside, CA 92501 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:143 Kassen Klein P.O. Box 747 Murrieta, CA 92564 KA Enterprises 5820 Oberlin Drive, Suite 201 San Diego, CA 92121 Omega Consultants c/o Sean Savage 4340 View Ridge Ave. Suite B San Diego, CA 92123 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:144 From: Tom < > Sent: Sunday, March 14, 2021 10:15 AM To: Desiree Bowdan <dbowdan@cityofmenifee.us> Subject: Project Title: Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003 [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Desiree, I am writing to disagree with the statement in the project description that it will not have an adverse affect on traffic. I drive past this location frequently and traffic there is congested much of the time. It is heavily used. I am concerned emergency response times for police, fire and ambulances travelling through the area will be made longer due to added traffic, as well as regular traffic travel times increasing. I request that a detailed copy of the “traffic study’ cited in the project statement be provided to the public for their input before anything more takes place. I further request that a copy of this E-mail and that study be provided to the Planning Commission for their consideration. People who drive in the area need to be made aware of the plan and given a chance to speak about it. Thank you. Sincerely, Tom Giedroyce Menifee, CA 92585 Sent from Mail for Windows 10 Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:145 From: Yolanda Macalalad <ymacalalad@cityofmenifee.us> Sent: Tuesday, March 16, 2021 2:29 PM To: Desiree Bowdan <dbowdan@cityofmenifee.us>; Tom < > Cc: Ryan Fowler <rfowler@cityofmenifee.us>; Christopher Heron <cheron@cityofmenifee.us>; Rob Blough <rblough@cityofmenifee.us>; Cheryl Kitzerow <ckitzerow@cityofmenifee.us> Subject: RE: Project Title: Encanto/McCall Gas Station, Car Wash and Quick Serve Restaurant - Conditional Use Permit No. PLN 20-0002 and Conditional Use Permit No. PLN 20-0004 and Plot Plan No. PLN 20-0003 Good afternoon Commissioner Giedroyce, Thank you for your comments. Traffic Engineering carefully reviewed this project to assess potential impacts to circulation in that area. You are correct there are already some areas of congestion in this area, hence the project is conditioned to provide the following offsite improvements to alleviate traffic with the construction of their project: 1. Widening of Encanto Road at the Northern Section of the McCall, resulting in a new right turn pocket. This includes traffic signal modification at the intersection of McCall/Encanto. 2. Two left turn pockets for access into the project for traffic moving northbound along Encanto. 3. Street Widenings on both the north and southern side of Encanto, resulting in a 60’ total ROW along the frontage. Additionally, the project is conditioned to pay fair share for the following improvements, with the amount collected prior to issuance of the Certificate of Occupancy 1. Additional improvement at McCall & Encanto Intersection: Developer/Owner contributes fair share cost of 72.80% of the construction cost 2. McCall Boulevard widening (From Encanto Drive to Sherman Road): Developer/Owner contributes fair share cost of 4.17% of the construction cost. Furthermore, the Developer/Owner will contribute to the improvements for McCall /I-215 Interchange through payment of TUMF. The project traffic study was prepared to determine compliance with the City General Plan and to determine improvements that the project needs to provide or participate in to alleviate project impact on traffic circulation. The study was reviewed and approved by the City. Let me know if you need additional information. Sincerely, Yolanda S. Macalalad, PE, QSD | Acting City Engineer Public Works Engineering Department City of Menifee | 29844 Haun Road | Menifee, CA 92586 Direct: (951) 723-3718 | City Hall: (951) 672-6777 | Fax: (951) 679-3843 ymacalalad@cityofmenifee.us | CityofMenifee.us Connect with us on social media: | | | Item Title:9.2 Encanto/McCall Gas Station,Car Wash and Quick Serve Restaurant -Conditional Use Permit No.PLN 20-0002 and Conditional Use Permit No.PLN 20-0004 and Plot Plan No.PLN 20-0003 Item Page Number:146