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2021-07-14 Planning Commision Regular MEETING - Agenda PacketCity Council Chambers 29844 Haun Road 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, July 14, 2021 6:00 PM Regular Meeting Cheryl Kitzerow, Director Stephanie Roseen, Clerk PUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY. Public comments are now being heard in­person. Sign up with staff at City Hall. WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once the meeting has started. REGULAR MEETING (6:00PM) 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 sign up in person at the kiosk or online at https://cityofmenifee.us/agendas. 7. APPROVAL OF MINUTES  7.1 June 23, 2021 Planning Commission Minutes 8. CONSENT CALENDAR ­ NONE  9. PUBLIC HEARING ITEMS  9.1 “Newport Pointe Commercial Center” ­ Conditional Use Permit No. PLN19­0044, Plot Plan No. PLN19­0045, Parcel Map No. PLN19­0047, Minor Conditional Use Permit No. PLN20­0359 and Sign Program No. PLN19­0046 RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Resolution adopting a Mitigated Negative Declaration, based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant effect on the environment; and, 3. Adopt a Planning Commission Resolution approving Tentative Parcel Map No. 37071 (PLN19­0047) subject to the attached conditions of approval, and based upon the findings and conclusions; and, 4. Adopt a Planning Commission Resolution approving Plot Plan No. PLN19­0045 and Sign Program PLN19­046, based upon the findings and conclusions; and, 5. Adopt a Planning Commission Resolution approving Conditional Use Permit No. PLN19­0044 to allow for the drive­thru car wash, subject to the attached Conditions of Approval, and based upon the findings and conclusions; and, 6. Adopt a Planning Commission Resolution approving Minor Conditional Use Permit No. PLN20­0359 for the sale of beer, wine and spirits for off­premise consumption and Public Convenience and Necessity findings for Building No. 1, subject to the attached Conditions of Approval, and based upon the findings and conclusions. 10. DISCUSSION ITEMS  10.1 Discussion of Service Stations, Car Wash Businesses and Drive­thru Restaurants RECOMMENDED ACTION 1. Review the report and provide direction to staff as it relates to service stations, car wash businesses and drive­thru restaurant projects in the City. 11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS   12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES  13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS  14.ADJOURN  Decorum Policy Notes For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas. The Commission anticipates and encourages public participation at its Commission meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings. Staff Reports Materials related to an item on this agenda, including those submitted to the Commission after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Deputy City Clerk, at (951) 672­6777 during normal business hours. Compliance with the Americans with Disabilities Act If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Deputy City Clerk at (951) 672­6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. City of Menifee Planning Commission July 14,2021 Page 1 of 278 City Council Chambers29844 Haun RoadMenifee, CA 92586Benjamin Diederich, ChairRandy Madrid, Vice­ChairJeff LaDue, CommissionerChris Thomas, CommissionerDavid White, Commissioner AGENDA City of Menifee Planning Commission Regular Meeting AgendaWednesday, July 14, 20216:00 PM Regular MeetingCheryl Kitzerow, DirectorStephanie Roseen, ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard in­person. Sign up with staff at City Hall.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpageat https://cityofmenifee.us/agendas and click on the YouTube icon () to the right of the specificmeeting date. Please note the YouTube icon will only appear once the meeting has started.REGULAR MEETING (6:00PM)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 sign up in person at the kiosk or online at https://cityofmenifee.us/agendas. 7. APPROVAL OF MINUTES  7.1 June 23, 2021 Planning Commission Minutes 8. CONSENT CALENDAR ­ NONE  9. PUBLIC HEARING ITEMS  9.1 “Newport Pointe Commercial Center” ­ Conditional Use Permit No. PLN19­0044, Plot Plan No. PLN19­0045, Parcel Map No. PLN19­0047, Minor Conditional Use Permit No. PLN20­0359 and Sign Program No. PLN19­0046 RECOMMENDED ACTION 1. Conduct a Public Hearing; and, 2. Adopt a Resolution adopting a Mitigated Negative Declaration, based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant effect on the environment; and, 3. Adopt a Planning Commission Resolution approving Tentative Parcel Map No. 37071 (PLN19­0047) subject to the attached conditions of approval, and based upon the findings and conclusions; and, 4. Adopt a Planning Commission Resolution approving Plot Plan No. PLN19­0045 and Sign Program PLN19­046, based upon the findings and conclusions; and, 5. Adopt a Planning Commission Resolution approving Conditional Use Permit No. PLN19­0044 to allow for the drive­thru car wash, subject to the attached Conditions of Approval, and based upon the findings and conclusions; and, 6. Adopt a Planning Commission Resolution approving Minor Conditional Use Permit No. PLN20­0359 for the sale of beer, wine and spirits for off­premise consumption and Public Convenience and Necessity findings for Building No. 1, subject to the attached Conditions of Approval, and based upon the findings and conclusions. 10. DISCUSSION ITEMS  10.1 Discussion of Service Stations, Car Wash Businesses and Drive­thru Restaurants RECOMMENDED ACTION 1. Review the report and provide direction to staff as it relates to service stations, car wash businesses and drive­thru restaurant projects in the City. 11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS   12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES  13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS  14.ADJOURN  Decorum Policy Notes For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas. The Commission anticipates and encourages public participation at its Commission meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings. Staff Reports Materials related to an item on this agenda, including those submitted to the Commission after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Deputy City Clerk, at (951) 672­6777 during normal business hours. Compliance with the Americans with Disabilities Act If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Deputy City Clerk at (951) 672­6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. City of Menifee Planning Commission July 14,2021 Page 2 of 278 City Council Chambers29844 Haun RoadMenifee, CA 92586Benjamin Diederich, ChairRandy Madrid, Vice­ChairJeff LaDue, CommissionerChris Thomas, CommissionerDavid White, Commissioner AGENDA City of Menifee Planning Commission Regular Meeting AgendaWednesday, July 14, 20216:00 PM Regular MeetingCheryl Kitzerow, DirectorStephanie Roseen, ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard in­person. Sign up with staff at City Hall.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpageat https://cityofmenifee.us/agendas and click on the YouTube icon () to the right of the specificmeeting date. Please note the YouTube icon will only appear once the meeting has started.REGULAR MEETING (6:00PM)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 sign up in person at the kiosk or online at https://cityofmenifee.us/agendas.7. APPROVAL OF MINUTES 7.1 June 23, 2021 Planning Commission Minutes8. CONSENT CALENDAR ­ NONE 9. PUBLIC HEARING ITEMS 9.1 “Newport Pointe Commercial Center” ­ Conditional Use Permit No. PLN19­0044, PlotPlan No. PLN19­0045, Parcel Map No. PLN19­0047, Minor Conditional Use Permit No.PLN20­0359 and Sign Program No. PLN19­0046RECOMMENDED ACTION1. Conduct a Public Hearing; and,2. Adopt a Resolution adopting a Mitigated Negative Declaration, based on thefindings incorporated in the Initial Study and the conclusion that the project willnot have a significant effect on the environment; and,3. Adopt a Planning Commission Resolution approving Tentative Parcel Map No.37071 (PLN19­0047) subject to the attached conditions of approval, and basedupon the findings and conclusions; and,4. Adopt a Planning Commission Resolution approving Plot Plan No. PLN19­0045and Sign Program PLN19­046, based upon the findings and conclusions; and,5. Adopt a Planning Commission Resolution approving Conditional Use PermitNo. PLN19­0044 to allow for the drive­thru car wash, subject to the attachedConditions of Approval, and based upon the findings and conclusions; and,6. Adopt a Planning Commission Resolution approving Minor Conditional UsePermit No. PLN20­0359 for the sale of beer, wine and spirits for off­premiseconsumption and Public Convenience and Necessity findings for Building No. 1,subject to the attached Conditions of Approval, and based upon the findings andconclusions.10. DISCUSSION ITEMS 10.1 Discussion of Service Stations, Car Wash Businesses and Drive­thru RestaurantsRECOMMENDED ACTION1. Review the report and provide direction to staff as it relates to service stations,car wash businesses and drive­thru restaurant projects in the City.11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS  12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES 13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS  14.ADJOURN  Decorum Policy Notes For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas. The Commission anticipates and encourages public participation at its Commission meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings. Staff Reports Materials related to an item on this agenda, including those submitted to the Commission after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Deputy City Clerk, at (951) 672­6777 during normal business hours. Compliance with the Americans with Disabilities Act If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Deputy City Clerk at (951) 672­6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. City of Menifee Planning Commission July 14,2021 Page 3 of 278 June 23, 2021 Page 1 of 5 City of Menifee Planning Commission City Council Chambers City of Menifee 29844 Haun Road Planning Commission Menifee, CA 92586 Regular Meeting Minutes Benjamin Diederich, Chair Randy Madrid, Vice Chair Jeff LaDue, Commissioner Chris Thomas, Commissioner David White, Commissioner MINUTES Wednesday, June 23, 2021 6:00 PM Regular Meeting Cheryl Kitzerow, Director Stephanie Roseen, Clerk REGULAR MEETING (6:00 PM) 1. CALL TO ORDER Chair Diederich called the meeting to order at 6:02 PM. 2.ROLL CALL Present: Benjamin Diederich, Jeff LaDue, Randy Madrid, Chris Thomas, David White Absent: None 3. PLEDGE OF ALLEGIANCE Vice Chair Madrid 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 (NON-AGENDA ITEMS) Deputy City Clerk Stephanie Roseen stated the Commission had received correspondence. 7. APPROVAL OF MINUTES 7.1 May 12, 2021 Planning Commission Minutes The minutes were approved unanimously (5-0) with no modifications. 8. CONSENT CALENDAR – NONE 9. PUBLIC HEARING ITEMS 9.1 “Motte Country Plaza Gas Station, Car Wash and Chinese Bistro Relocation” - Plot Plan No. 2018-300, Conditional Use Permit Nos. 2018-301 and 2018-302 & Tentative Parcel Map No. 2018-320 Item Title:7.1 June 23,2021 Planning Commission Minutes Item Page Number:1 June 23, 2021 Page 2 of 5 City of Menifee Planning Commission Community Development Director Cheryl Kitzerow introduced Senior Planner Ryan Fowler. Mr. Fowler provided a presentation and reported on the project location; general plan land use; zoning; project description; Plot Plan No. 2018-300; Conditional Use Permit (CUP) No. 2018-301; CUP No. 2018-302; Tentative Parcel Map No. 2018-320; project background; site layout; circulation; landscaping; architecture; public convenience and necessity; environmental determination; staff recommendations; and revised Conditions of Approval memo provided by the Engineering Department. The Commissioners inquired about the parking spaces; location of existing train car; and definition of minor and major development as referenced in the Engineering Conditions of Approval memo. Chair Diederich opened the public hearing at 6:23 PM. Deputy City Clerk Stephanie Roseen stated the public hearing was legally noticed and there was no correspondence received and there were no public comments. Mike Naggar, applicant representative, commented on the project improvements and memo regarding the proposed revisions to the Conditions of Approval. Applicant Marwan Alabbasi commented on the proposed project, previous work near the City, and improvements agreed upon. Mr. Alabbasi stated his concern on the proposed modified Conditions of Approval regarding ultimate street improvements and agreed to the interim improvements. Commissioner Thomas inquired about the street improvements along the project frontage, asked staff for clarification on the revised Conditions of Approval for the future ultimate improvements and the proposed deferral agreement. Assistant City Engineer Yolanda Macalalad clarified the interim improvements and Condition of Approval for ultimate improvement fronting the parcel and the deferral agreement. Commissioner Thomas inquired about payment for the ultimate improvements by California Department of Transportation (CalTrans). Mr. Alabbasi stated concerns regarding posting securities for the ultimate improvements. Ms. Macalalad clarified that the deferral agreement stated improvement securities for the ultimate improvements would be required to be posted at the time of ultimate improvements. Mr. Alabbasi and Mr. Naggar stated their concerns with the proposed modified Conditions of Approval and asked the Commission to modify the Conditions of Approval for only the interim improvements. Chair Diederich asked if the applicant, for clarification, if they would agree to the revised Conditions of Approval per the Engineering Memo. Mr. Naggar and Mr. Alabbasi restated their concerns with the modified Conditions of Approval, the Transportation Uniform Mitigation Fee (TUMF), and fair share contribution fees. Item Title:7.1 June 23,2021 Planning Commission Minutes Item Page Number:2 June 23, 2021 Page 3 of 5 City of Menifee Planning Commission Commissioner LaDue asked for clarification on the Conditions of Approval and the requirement of posting securities. Ms. Macalalad provided clarification on posting securities, TUMF, and fair share contributions. Assistant City Attorney Thai Phan stated if the applicant did not agree to the modified Conditions of Approval, the Commission had the option to continue the item to a later date to allow time for the applicant and City staff to review the Conditions of Approval. Ms. Phan also provided clarification on the purpose of the deferral agreement. Commissioner Thomas and Vice Chair Madrid stated their concern regarding the future requirement to post securities at an unknown amount. Ms. Phan and Ms. Kitzerow provided clarification regarding the deferral agreement and options provided to the applicant for the project to move forward. Mr. Alabbasi stated he would like to have the Commission’s approval with striking Condition of Approval No. 171, but stated they were not in favor of continuing the item to a future date. The Commission inquired about the memo with revised Conditions of Approval. Ms. Macalalad stated the revisions were for clarification purposes only regarding timing of the deferral agreement. Mr. Alabbasi asked for the Commission’s approval, modifying Condition of Approval No. 171 to state that only the interim improvements are required. Chair Diederich stated the Commission would ask for a continuance to allow staff time with the applicant. Mr. Alabbasi stated he was not in favor of the item being continued and would be in favor of the item, as presented, to obtain approval. Ms. Macalalad provided clarification on Condition of Approval No. 172 and 84 as modified. Commissioner Thomas clarified that the City was only asking for improvements on Parcel 2. Ms. Macalalad stated the City could have asked for frontage improvements on Parcel 1 also, however in effort to work with the developer for the project to move forward, the City agreed to not require Parcel 1 improvements. Chair Diederich closed the public hearing at 7:22 PM. Vice Chair Madrid stated he was in favor of approving the item as presented by staff or approving a continuance. Commissioner Thomas commented on the reasons he was in favor of approving the item as presented by staff. Commissioner LaDue stated he agreed with Commissioner Thomas’s statement. Item Title:7.1 June 23,2021 Planning Commission Minutes Item Page Number:3 June 23, 2021 Page 4 of 5 City of Menifee Planning Commission ACTION Adopted Resolution No. PC21-533, adopting a Mitigated Negative Declaration for Plot Plan No. 2018-300, Conditional Use Permit No. 2018-301, Conditional Use Permit No. 2018-302 and Tentative Parcel Map No. 2018-320 (TPM 37992). MOVER: Jeff LaDue SECONDER: Chris Thomas AYES: LaDue, Thomas, White, Madrid, Diederich NAYS: None RECUSE: None ACTION Adopted Resolution No. PC21-534, approving Plot Plan No. 2018-300 and revised Conditions of Approval as presented by staff. MOVER: David White SECONDER: Randy Madrid AYES: LaDue, Thomas, White, Madrid, Diederich NAYS: None RECUSE: None ACTION Adopted Resolution No. PC21-535, approving Conditional Use Permit No. 2018- 302. MOVER: Randy Madrid SECONDER: Chris Thomas AYES: LaDue, Thomas, White, Madrid, Diederich NAYS: None RECUSE: None ACTION Adopted Resolution No. PC21-536, approving Conditional Use Permit No. 2018- 301. MOVER: Jeff LaDue SECONDER: Chris Thomas AYES: LaDue, Thomas, White, Madrid, Diederich NAYS: None RECUSE: None ACTION Adopted Resolution No. PC21-537, approving Tentative Parcel Map No. 2018-320 (TPM No. 37992) and revised Conditions of Approval as presented by staff. MOVER: Randy Madrid SECONDER: Chris Thomas AYES: LaDue, Thomas, White, Madrid, Diederich NAYS: None RECUSE: None Item Title:7.1 June 23,2021 Planning Commission Minutes Item Page Number:4 June 23, 2021 Page 5 of 5 City of Menifee Planning Commission 10. DISCUSSION ITEMS - None 11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS Community Development Director Cheryl Kitzerow provided an update on the new businesses coming to the City of Menifee, announced there would be an Environmental Scoping Meeting on Tuesday, June 29, 2021, at City Hall at 6:00 PM, and stated there would be an Environmental Justice Policies Meeting on Wednesday, June 30, 2021, at the Motte Country Museum. Ms. Kitzerow also stated the Housing Element Draft was available for public review from June 15, 2021 through July 15, 2021 and the City would be hosting an Independence Day event on June 26, 2021. 12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES None. 13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS Community Development Director Cheryl Kitzerow stated the previous future agenda item request was scheduled to be presented to the Commission at the July 14, 2021 meeting. 14. ADJOURN Chair Diederich adjourned the meeting at 7:33 PM. Stephanie Roseen, CMC Deputy City Clerk Item Title:7.1 June 23,2021 Planning Commission Minutes Item Page Number:5 CITY OF MENIFEE SUBJECT: “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046 MEETING DATE: July 14, 2021 TO: Planning Commission PREPARED BY: Tamara Harrison, Senior Planner REVIEWED BY: Orlando Hernandez, Planning Manager APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: Salim Development, c/o Scott Yorkison -------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION 1. Conduct a Public Hearing; and 2.Adopt a Resolution adopting a Mitigated Negative Declaration, based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant effect on the environment; and 3. Adopt a Planning Commission Resolution approving Tentative Parcel Map No. 37071 (PLN19-0047) subject to the attached conditions of approval, and based upon the findings and conclusions; and 4. Adopt a Planning Commission Resolution approving Plot Plan No. PLN19-0045 and Sign Program PLN19-046, based upon the findings and conclusions; and 5. Adopt a Planning Commission Resolution approving Conditional Use Permit No. PLN19-0044 to allow for the drive-thru car wash, subject to the attached Conditions of Approval, and based upon the findings and conclusions; and 6. Adopt a Planning Commission Resolution approving Minor Conditional Use Permit No. PLN20-0359 for the sale of beer, wine and spirits for off-premise consumption and Public Convenience and Necessity findings for Building No. 1, subject to the attached Conditions of Approval, and based upon the findings and conclusions. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:1 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 2 of 15 5 6 6 PROJECT DESCRIPTION Conditional Use Permit No. PLN19-0044 and Plot Plan No. PLN19-0045 proposes the development of a commercial center at the southwest corner of Newport Road and Evans Road on an approximate 11.14-acre site. The project proposes seven (7) buildings totaling approximately 84,211 square feet and 415 parking stalls. More specifically, the breakdown of building square footage and use information is as follows: 1. Building 1 (Grocery with Off-site Alcohol Sales) – 18,041 square feet. 2. Building 2 (Drive-thru Carwash) – 4,010 square feet. 3. Building 3 (Drive-thru restaurant) – 1,800 square feet. 4. Building 4 (Restaurant/Retail) – 7,360 square feet. 5. Building 5 (Restaurant/Retail) – 3,010 square feet. 6. Building 6 (Daycare) – 9,990 square feet. 7. Building 7 (Gym/Fitness) – 40,000 square feet. Parcel Map PLN19-0047 proposes to subdivide 11.14 acres into 6 commercial parcels and one lettered lot that range in size from 0.30 acres to 3.47 acres. Minor Conditional Use Permit No. PLN20-0359 proposes off-site alcohol sales (Type 21 license) and Public Convenience and Necessity findings for Building 1 (grocery) of the project. Sign Program No. PLN19-0046 proposes a master sign program for the Newport Pointe Commercial development. The sign program includes regulations for tenant signage and includes free-standing and wall mounted regulations. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:2 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 3 of 15 5 6 6 LOCATION The subject site is located in the Newport Estates Specific Plan No. 140 (SP #140). More specifically, the project site is located at the southwest corner of Newport Road and Evans Road (APN: 360-020-051). GENERAL PLAN/ZONING General Plan The General Plan land use designation of the site is Newport Estates Specific Plan No. 140 (SP #140). More specifically, the site is located within Planning Area No. 7 (Commercial) which allows for a variety of commercial uses. The General Plan states that the purpose of a Specific Plan is to provide detailed policies, standards, and criteria for the development and redevelopment of an area. The Specific Plan states that the commercial uses (Planning Area No. 7) will serve not only Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:3 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 4 of 15 5 6 6 the residents of Newport Estates (the Specific Plan area) but also the region, because of its location along Newport Road. The provision of commercial uses is important not only for convenience, but also to satisfy commercial needs of the existing and future population of the area. To the north of the project site are properties designated 2.1-5 Residential (2.1-5 R) and Public Facilities. To the east are properties designated Economic Development Corridor (EDC) and to the west are properties designated 2.1-5R. To the south are properties designated SP #140 which is the same designation as the project site. Zoning The Project site is zoned Specific Plan (SP #140), Planning Area 7 (Commercial). Surrounding zoning classifications include SP 140, Planning Area 1 (Medium Residential) and Planning Area 6C (Park/Detention Basin) to the south, EDC to the east, Low Density Residential-2 (LDR-2) to the west and Public Facilities and LDR-2 to the north of the project site which are all compatible with the zoning for the Project site. The Project is consistent with SP #140, Planning Area 7’s list of allowable uses and the design of the Project is consistent with the development standards and design guidelines of the Specific Plan. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:4 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 5 of 15 5 6 6 DISCUSSION Site Layout As mentioned in the project description, the project includes the construction and operation of an 84,211 sq. ft. retail center on an approximately 11.14-acre vacant site. The proposal includes a total of seven (7) buildings ranging in size from 1,800 sq. ft. to 40,000 sq. ft. The layout of the project provides adequate vehicular and truck circulation, meets ADA accessibility requirements, and provides pedestrian connectivity throughout center with many areas containing wooden trellises along the walkways and a public plaza gathering area. Entryways into the development would include integrated signage and decorative screening and decorative paving to highlight the entrances to the project. Decorative lighting fixtures, plaza pedestrian lighting, and raised concrete planter boxes would be installed throughout the development. The project site also provides adequate queuing for both the fast-food restaurant and the car wash. Although the site plan shows inadequate stacking for proposed Building No. 3 (drive-thru restaurant), the project has been conditioned for review of the placement of the menu board and vehicle stacking prior to building permit issuance. Furthermore, the project has been designed with the existing residential developments to the south and the west in mind, as an approximately 8’ wall and landscaping buffer will be installed along the southern and western property lines of the site to provide a buffer between the uses as required by the specific plan. Site Plan Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:5 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 6 of 15 5 6 6 Parcel Map Circulation Access to the proposed development will be from driveways along Newport Road and Evans Road. The frontage along Newport Road will have three driveways, and the eastern and western driveways will be limited to right-in right-out traffic movements. The center driveway from Newport will allow right-in and right-out traffic, but the driveway will also include a half signal that will allow left turns into the development for vehicles traveling west on Newport Road. The Evans Road driveway will allow full traffic movements. The project will dedicate additional right-of way along Newport Road, pave an additional eastbound lane on the south side of Newport Road, and construct a raised median within the center of Newport Road. Access/Driveway Locations Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:6 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 7 of 15 5 6 6 Parking Per the Menifee Municipal Code, a total of 415 parking stalls are required for the proposed project based on the uses included in the proposal. The project proposes a total of 480 parking stalls (460 standard stalls and 20 ADA stalls). Therefore, the project exceeds the amount of parking required for the proposal. Landscaping A total of 175,533 sq. ft. of landscape is proposed throughout the project site. The project is required to provide landscaping within ten percent (10%) of the project site, which equates to approximately 43,011 sq. ft. Therefore, the project far exceeds the minimum landscaping requirement. The proposed landscaping is also consistent with SP #140. Architecture Architecture for the proposed buildings is flat-roof contemporary with exterior building materials consisting of concrete, insulated glazing, masonry base, clear float glass, metal canopies, trellises and louvre panels, metal and fabric awnings, and stucco cement plaster, among others. The proposed architecture for the buildings will remain consistent with the existing character of the area and the surrounding buildings. Enhanced architectural detailing has been incorporated into the building design in an effort to maintain visual interest throughout the project site. Conceptual elevations for the grocery, drive-thru car wash, drive-thru restaurant and gym/fitness center are shown below. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:7 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 8 of 15 5 6 6 Grocery Store Elevations Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:8 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 9 of 15 5 6 6 Drive-thru Car Wash Elevations Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:9 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 10 of 15 5 6 6 Drive-thru Restaurant Elevations Gym/Fitness Elevations Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:10 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 11 of 15 5 6 6 Signage A Master Sign Program is included in the overall proposal for the project. The proposed sign program includes regulations for tenant signage including free-standing signs and wall signs affixed to a building. Prior to the installation of any onsite advertising/signage, sign permits will be required to be submitted to the Community Development Department for review and approval against the Master Sign Program. Per the sign program, monument signs will be installed at the following locations: Center driveway along Newport Road (Driveway #2, as indicated above) Project Entry treatment located at the southwest corner of Newport and Evans Roads Driveway along Evans Road (Driveway #4, as indicated above) Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:11 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 12 of 15 5 6 6 Proposed Monument Sign Locations Project Entry Treatment Elevation Monument Sign #1 and #2 Elevation Tentative Parcel Map Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:12 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 13 of 15 5 6 6 The project includes a Tentative Parcel Map that would create six parcels and one lettered lot from the one existing parcel. Parcel sizes range from 0.30 acres to 3.47 acres. The proposed uses will be located on the proposed parcels as follows: Parcel No. 1 – Building 1 – Grocery Parcel No. 2 – Building 2 – Drive-thru Car Wash Parcel No. 3 – Building 3 – Drive-thru Restaurant Parcel No. 4 – Buildings 4 and 5 – Retail/Restaurant Parcel No. 5 – Building 6 - Daycare Parcel No. 6 – Building 7 – Gym/Fitness Conditional Use Permits and Public Convenience and Necessity As previously stated, the project requires approval of a Conditional Use Permit to allow for the car wash and a separate Conditional Use Permit for the sale of beer and wine for off-premises consumption for the grocery store which includes findings of Public Convenience and Necessity. The California Department of Alcoholic Beverage Control (ABC) determined that for this Census Tract No. 427.42, there is currently an overconcentration (undue concentration) of off-site (Type 21) licenses. Per ABC, two (2) off sale licenses are allowed within the census tract; however, a total of seven (7) Type 21 licenses have been permitted (and all licenses are currently active with one license in a “surrender” status). The seven (7) off sale licenses issued within the census tract are as follows: i. Target ii. Beverages and More (surrender status) iii. Menifee Car Wash – SE corner of Newport and Winterhawk Roads iv. CVS Pharmacy – SE corner of Newport and Bradley Roads v. Menifee Arco AM/PM – SW corner of Newport and Bradley Roads vi. Texaco vii. Aldi Census Tract No 427.42 Boundary Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:13 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 14 of 15 5 6 6 Per Section 9.250.040 of the Menifee Municipal Code, the Planning Commission shall make a finding of public convenience or necessity prior to ABC granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses (more than 1 per 1,250 persons per census) tract. The Resolution approving the Conditional Use Permit application includes findings supporting approval of a finding of public convenience and necessity for the project. The project is also required to install adequate lighting and a surveillance system, and comply with ABC regulations. The project applicant will also be required to process lighting plans through the Building and Safety Department. In addition, the applicant will be required to submit plans for a security and surveillance system and install the system. The City of Menifee Police Department will review said security plans. ENVIRONMENTAL DETERMINATION The City of Menifee Community Development Department has determined the above project will not have a significant effect on the environment with incorporation of mitigation measures and has recommended adoption of an Initial Study/Mitigated Negative Declaration (IS/MND). The twenty-(20)-day public review period for the IS/MND occurred from June 19, 2021 to July 9, 2021. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:14 City of Menifee Planning Commission “Newport Pointe Commercial Center” July 14, 2021 Page 15 of 15 5 6 6 The IS/MND, as well as all its technical appendices, can be accessed for review on the City website: https://www.cityofmenifee.us/325/Environmental-Notices-Documents. FINDINGS Findings for the Initial Study/Mitigated Negative Declaration, Plot Plan, Conditional Use Permits/Public Convenience and Necessity, and Tentative Parcel Map are included in the attached Resolutions for each. PUBLIC NOTICE Public notices were distributed on June 19, 2021 for the July 14, 2021 Planning Commission hearing. Notices were published in a newspaper of general circulation (The Press Enterprise) and notices were sent to owners within 1,000 feet of the project site boundaries and to all relevant agencies and interested parties. On-site postings were provided. ATTACHMENTS 1. Project Summary Table 2. ISMND Resolution 3. Mitigation Monitoring and Reporting Program 4. Parcel Map Resolution 5. Parcel Map COAs 6. Plot Plan Resolution 7. Plot Plan COAs 8. Conditional Use Permit Resolution 9. Conditional Use Permit COAs 10. Alcohol Sales and PNC Resolution 11. Alcohol Sales COAs 12. PM 37071 13. Site Plan 14. Floor Plans and Elevations 15. Concept Landscape 16. Sign Program 17. Noticing Package 18. Notice of Determination Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:15 SUMMARY Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information General Plan General Plan Land Use Designation Newport Estates Specific Plan (SP 140) Surrounding General Plan Land Use Designation North: 2.1-5 Residential (2.1-5R) and Public Facilities (PF) South: Newport Estates Specific Plan (SP 140) East: Economic Development Corridor – Newport Road (EDC-NR) West: 2.1-5 Residential (2.1-5R) Zoning Zoning Designation Specific Plan No. 140, Planning Area 7 (Commercial) Surrounding Zoning Designations North: Low Density Residential – 2 (LDR-2) and Public Facilities (PF) South: Specific Plan No. 140, Planning Area 1 and 6C (Residential and Park/Detention Basin) East: Economic Development Corridor – Newport Road (EDC-NR) West: Low Density Residential – 2 (LDR-2) Other Information Existing Use Vacant Surrounding Uses North: Single-Family Residential, Office and Senior Center South: Single-Family Residential and Park/Detention Basin East: Vacant West: Single-Family Residential Gross Acreage 11.14 acre Square Footage 84,211 Assessor Parcel Numbers 360-020-051 Environmental Review Mitigated Negative Declaration District Information School: Menifee Union School District & Perris Union High School District Water: Eastern Municipal Water District Flood Control: Riverside County Flood Control District (flood plain review not required) Fees Subsequent review fees on an hourly basis per Resolution No. 18-741 (Cost of Services Fee Study) Letters Received No letters have been received as of the writing of this staff report. Source: Planning case file and GIS system, June 2021 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:16 RESOLUTION NO. PC21-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT NO. PLN19-0044, PLOT PLAN NO. PLN21-0045, TENTATIVE PARCEL MAP NO. PLN19- 0047 (PM37071), MINOR CONDITIONAL USE PERMIT NO. PLN20- 0359 AND SIGN PROGRAM NO. PLN19-0046 LOCATED AT THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft. drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft. restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft. daycare and (7) a 40,000 sq. ft. gym/fitness center and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN19-0044 to allow for the car-wash; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. PLN19-0047 (PM37071) for a commercial parcel map subdividing 11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size from 0.30 acres to 3.47 acres; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Master Sign Program No. PLN19-0046 for the development; and, WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off- premises consumption and Public Convenience and Necessity findings for the grocery store; and, WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study (“IS”) and Mitigated Negative Declaration (“MND”) have been prepared to analyze and mitigate the project's potentially significant environmental impacts; and, WHEREAS, the twenty-(20)-day public review period for the IS/MND occurred between June 19, 2021 to July 9, 2021. The public review period was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 1,000 feet of the Project site boundaries, and notice to related agencies and government agencies; and, WHEREAS, no comments on the IS/MND were received during the public review period; and WHEREAS, on July 14, 2021, the Planning Commission held a duly noticed public hearing on the project, considered all public testimony as well as all materials in the staff report and accompanying documents, which hearing was publicly noticed by a Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:17 Page 2 of 3 IS/MND for Newport Pointe Commercial July 14, 2021 publication in the newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners and occupants within 1,000 feet of the project boundaries, and to persons requesting public notice; and WHEREAS, the City has complied with CEQA and the IS/MND is an accurate and objective statement that fully complies with CEQA, the CEQA Guidelines and represents the independent judgment of the City; and WHEREAS, no evidence of new significant impacts or increased severity of environmental impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the draft IS/MND which would require re- circulation. NOW, THEREFORE, the Planning Commission of the City of Menifee makes the following findings as established by the CEQA: Section 1.The Planning Commission finds on the basis of the evidence presented and the whole record before it, including the draft IS/MND, and any comments received, that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment. Section 2.The Planning Commission finds that the Mitigation Monitoring Plan (“MMP”), which is incorporated into the project’s Conditions of Approval, and a copy of which is attached hereto as Exhibit “1” and incorporated herein by reference, will assure compliance with the mitigation measures during project implementation. Section 3.The Planning Commission finds that the adoption of the IS/MND reflects the Planning Commission’s independent judgment and analysis. Section 4.The IS/MND, all documents referenced in the MND, and the record of proceedings on which the Planning Commission’s decision is based, are located at City of Menifee City Hall at 29844 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk. Section 5.The Planning Commission adopts an IS/MND for the project including but not limited to the Mitigation and Monitoring Plan as attached to the IS/MND. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:18 Page 3 of 3 IS/MND for Newport Pointe Commercial July 14, 2021 PASSED, APPROVED AND ADOPTED this 14th day of July 2021. _________________________ Benjamin Diederich, Chairman Attest: Stephanie Roseen, Deputy City Clerk Approved as to form: Thai Phan, Assistant City Attorney Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:19 1 | P a g e M a y 2 0 2 1 Newport Pointe Commercial Center Project MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Newport Pointe Commercial Center Project PROJECT MANAGER:Tamara Harrison, Senior Planner, City of Menifee PROJECT DESCRIPTION:The Project consists of a Tentative Parcel Map (TPM No. 37071) for the subdividing of 11.14 gross acres into 6 commercial parcels including one lettered lot to range in size from 0.30 acres to 3.47 acres. The Project includes a CUP (CUP No. PLN-0044) for the proposed drive-thru carwash situated in Building 2, and a Minor CUP (CUP No. PLN20-0359) for the permitting of Off-site Alcohol Sales and Public Convenience and Necessity findings for the proposed grocery store situated in Building 1. Overall, the Project proposes the construction of 84,211 square feet (SF) of commercial development consisting of seven buildings including an 18,041-SF Grocery store; a 4,050-SF drive- thru car wash; three restaurant/retail buildings totaling 11,170 SF (individual areas of each building are 1,800 SF, 7,360 SF, and 3,010 SF); a 9,990-SF day care; and a 40,000-SF fitness facility. PROJECT LOCATION:The project site is approximately 11.14 acres and is located in the central portion of the City (Assessor’s Parcel Number [APN] 360-020-051). Regional access to the project site is provided via I-215. Local access is provided via Newport Road, one of the City’s major corridors. INTRODUCTION:This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Newport Pointe Commercial Center Project. An MMRP is required for the proposed project because the Initial Study/Mitigated Negative Declaration (IS/MND) has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” As the lead agency, the City of Menifee Community Development Department will be responsible for monitoring compliance with all mitigation measures. The MMRP identifies the parties with the responsibility for ensuring the measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. Source and Mitigation Measure: The mitigation measures are taken from the IS/MND, in the same order they appear in the IS/MND. Timing: Identifies at which stage of the project the mitigation must be completed. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:20 2 | P a g e M a y 2 0 2 1 Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:21 3 | P a g e M a y 2 0 2 1 Mitigation Monitoring and Reporting Program Matrix Newport Pointe Commercial Center Project SOURCE MITIGATION MEASURE TIMING MONITORI NG DATE COMPLETED SIGNATURE BIOLOGICAL RESOURCES Draft MND Section 4.4 – Biological Resources Biological Resources Mitigation Measure 1 (BIO-1) A pre-construction clearance survey shall be conducted as required by the MSHCP, to ensure that project-related activities avoid direct take of BUOWs that may be located on or within 500 feet of the project impact area. In accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area, one (1) preconstruction clearance survey shall be conducted no more than thirty (30) days prior to initiating ground disturbance activities to avoid direct take of BUOW. If BUOWs or occupied burrows are found during the pre- construction clearance survey, a BUOW avoidance and minimization plan shall be prepared and submitted to the Western Riverside County Regional Conservation Authority (RCA) and the CDFW for approval prior to initiating project activities. Beginning prior to ground disturbing activities. Planning Department Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:22 RESOLUTION NO. PC21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. PLN19-0047 (TPM NO. 37071) FOR THE COMMERCIAL SUBDIVISION OF 11.14 GROSS ACRES INTO SIX (6) COMMERCIAL PARCELS AND ONE LETTERED LOT LOCATED ON THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing 11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size from 0.30 acres to 3.47 acres; and, WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft. drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft. restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft. daycare and (7) a 40,000 sq. ft. gym/fitness center and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN19-0044 to allow for the car-wash; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Master Sign Program No. PLN19-0046 for the development; and, WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off- premises consumption and Public Convenience and Necessity findings for the grocery store; and, WHEREAS, on July 14, 2021, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents, regarding Tentative Parcel Map No. PLN19-0047, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code. Consistency with General Plan Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:23 Page 2 of 4 Tentative Parcel Map No. PLN19-0047 (37071) July 14, 2021 The General Plan and Zoning designations of the site is Specific Plan No. 140 (Newport Estates). More specifically, the site is located within Planning Area No. 7 (Commercial) which allows for a variety of commercial uses. The proposed Tentative Parcel Map, a subdivision of 11.14 gross acres into six (6) parcels and one (1) lettered lot, meets the requirements of the Specific Plan land use designation. Properties to the north of the subject site are designated by the General Plan as 2.1-5 Residential (2.1-5R) and Public Facilities (PF), properties to the east are designated Economic Development Corridor (EDC) and properties to the west are designated 2.1-5R. Properties to the south of the subject site are also within the Newport Estates Specific Plan The proposed subdivision has been determined to be consistent with adopted Title 7, Subdivision Ordinance, of the Menifee Municipal Code. Furthermore, the subdivision will also comply with the development standards of the Newport Estates Specific Plan including minimum lot size and dimensions, furthering the project’s consistency with the Development Code, General Plan, the Town Center Specific plan and the Menifee Municipal Code. Section 2:The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use. The tentative parcel map does not involve parcels that are subject to the California Land Conservation Act of 1965 or that contain existing agricultural uses. Because this is not a parcel used for agricultural purposes and is not subject to the California Land Conservation Act 1965, subdividing the property from one parcel into six parcels and one lettered lot will not affect the agricultural viability of the property. Section 3:The site is physically suitable for the type and proposed density of development proposed by the tentative map. The Project site is generally flat with no significant grade changes and is covered mostly in light seasonal grasses and a few mature trees and has been generally disturbed from recent tilling and site weed abatement. The site is suitable for the proposed density of development proposed by the map. Furthermore, the proposed project is consistent with the type of development and density identified for the site by the Newport Estates Specific Plan No. 140, Planning Area No. 1 (Commercial) which envisioned a neighborhood shopping center. The site is being divided through this parcel map in order to accommodate a commercial center. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:24 Page 3 of 4 Tentative Parcel Map No. PLN19-0047 (37071) July 14, 2021 Therefore, the proposed tentative parcel map is physically suitable for the type and proposed density of development. Section 4:The design of the subdivision and the proposed improvements, with conditions of approval, are either: 1). Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or 2). Subject to an environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report. Environmental impacts resulting from the proposal have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that the impacts to Biological Resources would be less than significant with mitigation measures incorporated. The IS/MND determined that the design of the subdivision would not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Section 5: The design of the subdivision and the type of improvements are not likely to cause serious public health problems. Environmental impacts resulting from the proposal have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that the impacts would all be less than significant or less than significant with mitigation measures incorporated. Furthermore, the parcel map has been analyzed and conditioned as necessary by the City’s Public Works and Engineering Department and Building and Safety Departments, Riverside County Environmental Health, and the Fire Marshal for any potential impacts. Therefore, the design of the subdivision and the type of improvements are not likely to cause serious public health problems. Section 6: The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible As a commercial subdivision of vacant land, opportunities for future passive or natural heating or cooling would be included in the development of the site. The proposed commercial development includes a public plaza with shading opportunities and landscaped trellises have been provided throughout the site for additional cooling opportunities. Buildings within the development will also incorporate metal canopies and fabric awnings for protection from the elements. Therefore, the design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. Section 7: The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:25 Page 4 of 4 Tentative Parcel Map No. PLN19-0047 (37071) July 14, 2021 or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The commercial subdivision does not propose conflict with any easements acquired by the public for access purposes. Access to surrounding properties will remain unchanged as a result of the subdivision. Section 7: The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 7.75 (Parkland Dedication and Fees). Per Section 7.75.090 of the Menifee Municipal Code, commercial subdivisions are exempt from Parkland and Dedication Fees. Therefore, the project is consistent with the requirements found in Chapter 7.75. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee makes the following findings: 1. That the Findings set out above are true and correct. 2. That the facts presented within the public record and within this resolution provide a basis to approve Tentative Parcel Map No. PLN19-0047 subject to the Conditions of Approval set forth in Exhibit “1” of this Resolution. PASSED, APPROVED AND ADOPTED this the 14TH day of July, 2021 _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:26 Tentative Parcel Map No. PLN19-0047 1 of 44 4 3 6 0 0 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Tentative Parcel Map No. PLN19-0047 (Tentative Parcel Map No. 37071) Project Description: Tentative Parcel Map No. PLN19-0047 (Tentative Parcel Map No. 37071) proposes to subdivide 11.14 acres into six (6) commercial parcels and one (1) lettered lot ranging in size from 0.30 acres to 3.47 acres. Assessor's Parcel No.:360-020-051 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:July 14, 2021 Expiration Date:July 14, 2024 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:27 Tentative Parcel Map No. PLN19-0047 2 of 44 4 3 6 0 0 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 Determination (ND/MND). 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 Two Thousand Five Hundred and Thirty Dollars and Twenty-Five Cents ($2,530.25) which includes the Two Thousand Four Hundred and Eighty Dollars and Twenty-Five Cent ($2,480.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:28 Tentative Parcel Map No. PLN19-0047 3 of 44 4 3 6 0 0 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Public Works Department Conditions of Approval Section IV: Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:29 Tentative Parcel Map No. PLN19-0047 4 of 44 4 3 6 0 0 Section I: Conditions Applicable to All Departments Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:30 Tentative Parcel Map No. PLN19-0047 5 of 44 4 3 6 0 0 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 37071 shall be henceforth defined as follows: TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No. 37071 dated June 21, 2021 (Planning Application No. PLN19-0047) 5.Ninety (90) Days to Protest. The project developer has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 6.City of Menifee. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under 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 formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 7.Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program (“MMRP”) which is incorporated by reference as part of these conditions of approval. 8.Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. PLN19-0045, Tentative Parcel Map No. PLN19-0047, Conditional Use Permit Nos. PLN19-0044 and PLN20-0359 and Sign Program No. PLN19-0046. 9.Comply with Menifee Municipal Code Chapter 7 Subdivisions. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 (Subdivisions) of the Menifee Municipal Code, unless modified by the conditions listed herein. 10.Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee approval date, unless extended as Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:31 Tentative Parcel Map No. PLN19-0047 6 of 44 4 3 6 0 0 provided pursuant to the Subdivision Map Act, and the City of Menifee Subdivision Ordinance. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:32 Tentative Parcel Map No. PLN19-0047 7 of 44 4 3 6 0 0 Section II: Community Development Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:33 Tentative Parcel Map No. PLN19-0047 8 of 44 4 3 6 0 0 General Conditions Fees 11.Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to final map, grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 17-232 (Fees and Charges), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Map 12.Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Menifee Municipal Code Title 7 Subdivisions. 13.Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 14.Reciprocal Access and Parking Agreements. Prior to map recordation, reciprocal access and parking agreements shall be established across all parcels for appropriate on-site circulation and access to and from Newport Road and Evans Road for the project site and to allow flexible parking overflow between parcels. 15.ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Menifee Municipal Code Title 7 Subdivisions, which shall be submitted as part of the plan check review of the FINAL MAP. 16.ECS Mitigation Monitoring Plan – The following Environmental Constraints Note shall be placed on the ECS: “This property is subject to the Mitigation and Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the project on file with the Community Development Department.” 17.Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance.” Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:34 Tentative Parcel Map No. PLN19-0047 9 of 44 4 3 6 0 0 18.Survey Checklist. The Engineering and Community Development Departments shall review any FINAL MAP and ensure compliance with the following: A. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Menifee Municipal Code Title 7 Subdivisions. C. The total number of parcels on the final map shall be 6 with 1 lettered lot. Fees 19.Fees. Prior to recordation, the Planning Department shall determine if the deposit-based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor-in-interest. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:35 Tentative Parcel Map No. PLN19-0047 10 of 44 4 3 6 0 0 Section III: Engineering/Public Works Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:36 Tentative Parcel Map No. PLN19-0047 11 of 44 4 3 6 0 0 The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with 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 ENGINEERING CONDITIONS 20. This Tentative Parcel Map is concurrently processing a proposed plot plan, PLN19-0045, and a conditional use permit PLN19-0044, which has its own set of Conditions of Approval. The conditions for this Tentative Parcel Map, PLN19-0047 / TPM 37071, shall be satisfied in concurrence with the Conditions of Approval for the proposed CUP PLN19-044. 21.Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act. 22.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. 23.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 map recordation, 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. 24.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:37 Tentative Parcel Map No. PLN19-0047 12 of 44 4 3 6 0 0 timing with City Council calendar when requesting changes to the bond agreements. 25.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. 26.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. 27.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 and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. 28.As-Built Plans - Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of work for all layers on 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. 29.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: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:38 Tentative Parcel Map No. PLN19-0047 13 of 44 4 3 6 0 0 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. 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. 30.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 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 31.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. 32.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. 33.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:39 Tentative Parcel Map No. PLN19-0047 14 of 44 4 3 6 0 0 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. 34.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. 35.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. 36.2:1 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. 37.Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 38.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. 39.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. 40.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. 41.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:40 Tentative Parcel Map No. PLN19-0047 15 of 44 4 3 6 0 0 the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. 42.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. 43.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 and/or Tentative Parcel Map. 44.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. 45.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. 46.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. 47.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:41 Tentative Parcel Map No. PLN19-0047 16 of 44 4 3 6 0 0 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. 48.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. 49.Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. 50.10 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. 51.100 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. 52.100 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. 53.100 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. 54.On-Site Storm Drain System - Prior to issuance of a grading permit, the proposed on-site storm drain system 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 the existing Riverside County Flood Control and Water Conservation District storm drain line in Newport Road, and shall not flow over the proposed parkway or within the driveway approach. 55.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:42 Tentative Parcel Map No. PLN19-0047 17 of 44 4 3 6 0 0 Prior to Grading Permit Issuance: 56.Geotechnical Report – The following documentation was reviewed and approved by the City: a. Preliminary Soil Investigation Report Update, Proposed Newport Pointe Retail Center, APN: 360-020-051, Newport Road, Menifee, California, prepared by GeoMat Testing Laboratories, Inc., Project No. 18226-01, dated December 6, 2020. Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application for a grading permit, 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. 57.Drainage Study – The following report was reviewed and approved by the City: Preliminary Hydrology Report for Newport Pointe, prepared by Dost Engineering, received March 31, 2021. Two copies of a 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. 58.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. 59.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). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:43 Tentative Parcel Map No. PLN19-0047 18 of 44 4 3 6 0 0 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. 60.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. 61.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. 62.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. 63.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 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. 64.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 to construct the necessary transition from the west on Newport 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: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:44 Tentative Parcel Map No. PLN19-0047 19 of 44 4 3 6 0 0 65.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. 66.No Building Permit Prior to Parcel Map Recordation – Prior to issuance of any building permit, the developer / property owner shall record the Parcel Map. 67.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. 68.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. 69.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: 70.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. 71.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. 72.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:45 Tentative Parcel Map No. PLN19-0047 20 of 44 4 3 6 0 0 C. PARCEL MAP 73.Final Map Required – After the approval of the Tentative Map and prior to the expiration of said map, the land divider shall cause the real property included within the Tentative Map, or any part thereof, to be surveyed and a Parcel Map thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved Tentative Map, and in accordance with Chapter 7.40 of the City of Menifee Municipal Code. 74.Licensed Surveyor – The Parcel Map shall be prepared by a licensed land surveyor or registered civil engineer qualified by California Board for Professional Engineers, Land Surveyors, and Geologists the to prepare Parcel Maps. 75.Reciprocal Access – Prior to map recordation, reciprocal access shall be established across all parcels for appropriate on-site circulation, access for the project site and to allow shared parking across parcels. 76.Surveyor Checklist – The City Engineering Department – Survey Division shall review the Parcel Map and ensure compliance with the following: a. All parcels on the Parcel Map shall be in substantial conformance with the approved Tentative Map relative to size and configuration. b. The total number of parcels on the Parcel Map shall be six. 77.ECS – The land divider shall prepare and Environmental Constraints Sheet (ECS) in accordance with Chapter 7.65 of the City of Menifee Municipal Code, which shall be submitted as part of the plan check review of the Parcel Map. A note shall be placed on the Parcel Map “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book _XX_, Page _XX_. 78.ECS Note on Dark Sky Lighting – The following Environmental Constraints Note shall be placed on the ECS: “This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall in in conformance with the Dark Sky Ordinance.” 79.ECS Mitigation Monitoring Plan – The following Environmental Constraints Note shall be placed on the ECS: “This property is subject to the Mitigation and Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the project on file with the Community Development Department.” D. COVENANTS, CONDITIONS & RESTRICTIONS (CC&Rs) Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:46 Tentative Parcel Map No. PLN19-0047 21 of 44 4 3 6 0 0 80.Common Area Maintenance – Any common areas identified in the Tentative Parcel Map shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative parcel map area, to assume maintenance responsibility for all common areas. The organization may be public (City CFD, or another agency) or private (e.g., property owners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city. (See also the Use / Maintenance of Ultimate Right-of-Way Portion of Property and Owner Improvements condition) b. The maintenance organization shall be established prior to or concurrent with the Parcel Map recordation. 81.Conditions, Covenants and Restrictions (Private Common Areas) – In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA) shall be the mechanism to maintain such common areas. (See also the Use / Maintenance of Ultimate Right-of-Way Portion of Property and Owner Improvements condition) 82.CC&R Content, Submittal Process and Timing – Prior to parcel map recordation, the developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following: a. One hard copy and an electronic version of the CC&R’s. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R’s shall: i. provide for the establishment of a property owner's association, ii. provide for the ownership of the common area by the property owner's association, iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project’s approved WQMP. v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer. vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:47 Tentative Parcel Map No. PLN19-0047 22 of 44 4 3 6 0 0 owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R’s wet-signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R’s prior to or concurrent with the recordation of the parcel map. d. A deposit to pay for the review of the CC&Rs pursuant to the City’s current fee schedule at the time the above-referenced documents are submitted to the Public Works / Engineering Department. E. STREETS AND DEDICATIONS 83.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. The development includes improvements to Newport Road and Evans Road along the project frontage. Vehicular access to the project as shown on the Plot Plan / Tentative Parcel Map will be provided via four driveways. Driveway #1 is located along Newport Road at the western end of the project. Driveway #2 is located along Newport Road between Parcel No 1 and Parcel No 2. Driveway #3 is located along Newport Road at the eastern end of the project. Driveway #4 is located along Evans Road at the southern end of the project. a) Newport Road – Newport Road shall be improved to a modified Urban Arterial designation with an ultimate half width Right of Way of 65 feet, 55 feet paved curb to centerline, a Class II bike lane, a 6 foot sidewalk adjacent to curb and a 4 foot wide parkway. The improvements shall include a raised median to restrict turns in and out of the development and a half signal at Driveway #2. Relocation of electrical power lines along Newport Road will be required. Prior to recordation of the Parcel Map, the developer shall construct or guarantee the construction of the public street improvements within Newport Road fronting the property to the centerline plus an additional 12 feet past centerline, as approved by the Public Works Director / City Engineer. Improvements shall be adequately transitioned back to the existing pavement to the west as shown on the approved plot plan and preliminary grading plan. The design of the street improvements and transition shall be reviewed and approved by the City Engineer. If needed, 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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:48 Tentative Parcel Map No. PLN19-0047 23 of 44 4 3 6 0 0 authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. b) Evans Road – Evans Road shall be improved to a modified Secondary designation with an ultimate half width Right of Way of 44 feet, 32 feet paved curb to centerline, a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway. Prior to recordation of the Parcel Map, the developer shall construct or guarantee the construction of the public street improvements within Evans Road fronting the property to the centerline plus an additional 12 feet past centerline, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If needed, 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. c) Reconstruction or Resurfacing of Newport Road and Evans Road – The Public Works Director / City Engineer may consider reconstruction or resurfacing of existing Newport Road and Evans 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 City Engineer, the developer may core the existing pavement 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. 84.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. 85.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. 86.Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways shall be granted to the City through the Parcel Map, or other acceptable recordable instrument. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:49 Tentative Parcel Map No. PLN19-0047 24 of 44 4 3 6 0 0 87.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. 88.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. 89.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. 90.Signing and Striping – A signing and striping plan for Newport Road and Evans Road is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. 91.Traffic Signal Plan – The applicant shall be responsible for design of the half signal at Newport Road and Driveway #2. The traffic signal plan shall be approved by the Public Works Director / City Engineer. 92.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. 93.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: 94.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. 95.Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, and/or the recordation of the Parcel Map, whichever occurs first, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). 96.Newport Road Dedication. The developer / property owner shall construct or guarantee the construction of Newport Road to a modified Urban Arterial designation with an ultimate half width Right of Way of 65 feet, and 55 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Newport Road right of way fronting the development on the Parcel Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:50 Tentative Parcel Map No. PLN19-0047 25 of 44 4 3 6 0 0 Map. The Parcel Map boundary shall extend to the centerline of Newport Road, unless the street was previously dedicated in fee title in which case the map shall note the instrument number that dedicated the right of way. 97.Evans Road Dedication. The developer / property owner shall construct or guarantee the construction of Evans Road to a modified Secondary designation with an ultimate half width Right of Way of 44 feet, and 32 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Evans Road right of way fronting the development on the Parcel Map. The Parcel Map boundary shall extend to the centerline of Newport Road, unless the street was previously dedicated in fee title in which case the map shall note the instrument number that dedicated the right of way. Prior to Issuance of Certificate of Occupancy: 98.Newport Road Improvements – Improvements on Newport Road fronting the development shall be completed to a modified Urban Arterial designation with and ultimate half width Right of Way of 65 feet and 55 feet paved curb to centerline prior to issuance of Certificate of Occupancy. Improvements shall be adequately transitioned from the east as shown on the approved plot plan and preliminary grading plan. Relocation of electrical power lines along Newport Road will be required. 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. 99.Evans Road Improvements – Improvements on Evans Road fronting the completed shall be improved to a modified Secondary designation with and ultimate half width Right of Way of 44 feet and 32 feet paved curb to centerline with a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway prior to issuance of Certificate of Occupancy. 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. 100.Driveways and Driveway Approaches – Driveways and Driveway Approaches as shown on the approved plot plan/Tentative Parcel Map shall be designed and constructed prior to issuance of Certificate of Occupancy. The driveways shall be designed and constructed per City of Menifee No. 208 with the exception of the half signal at Driveway #2 on Newport Road which should be designed as a standard intersection with curb returns. F. TRAFFIC ENGINEERING 101.Traffic Impact Analysis Report – The development shall comply with all the improvements and mitigation measures identified to be constructed or provided in the traffic impact analysis approved by the Public Works / Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:51 Tentative Parcel Map No. PLN19-0047 26 of 44 4 3 6 0 0 Engineering Department. The traffic study was prepared by Linscott, Law & Greenspan, Engineers, and dated April 28, 2021. All required improvements and mitigations 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: 102.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. 103.Signing and Striping Plan – Prior to issuance of a construction permit, any necessary signing and striping plan for Newport Road and Evans Road shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 104.Traffic Signal Plan – Prior to issuance of a construction permit, the traffic signal plan for the half signal at Newport Road and Driveway #2 shall be approved by the City Engineer in accordance with City standards and specifications. 105.Driveway Geometrics – Final driveway geometrics may be modified in final engineering as approved by the City Engineer / Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 106.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. Dust and dirt fallout from truck loads that 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:52 Tentative Parcel Map No. PLN19-0047 27 of 44 4 3 6 0 0 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: 107.Construction of Roadway Improvements – The developer / property owner shall construct improvements on Newport Road to a modified Urban Arterial and Evans Road to a modified Secondary as shown on the Conditions of Approval. a.Newport Road Frontage Improvements – The developer / property owner shall construct Newport Road to it’s ultimate half section width as a modified Urban Arterial between Evans Road and the western project boundary. The required improvements shall include construction of one (1) additional eastbound through lane, restriping of the eastbound bike lane and appropriate transition approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. b.Newport Road Raised Median – The developer / property owner shall construct a full raised median on Newport Road from Evans Road to the western property boundary with appropriate transition approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. c.Evans Road Driveway #4 – The developer / property owner shall construct the following improvements at the Evans Road driveway intersection: i. Northbound: two through lanes, one left turn lane ii. Southbound: one through lane, one shared through and right turn lane iii. Eastbound: one shared right turn and left turn lane d.Newport Road East Driveway #3 – The developer property owner shall construct the following improvements at the eastern Newport Road driveway intersection: i. Eastbound: Two through lanes, one shared through and right turn lane ii. Northbound: One right turn lane e.Newport Road Driveway #2 – The developer / property owner shall construct the following improvements at the center Newport Road driveway intersection: i. Install a half signal ii. Eastbound: Two through lanes, one shared through and right turn lane Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:53 Tentative Parcel Map No. PLN19-0047 28 of 44 4 3 6 0 0 i. Westbound: Three through lanes, one left turn lane Northbound: One right turn lane ii. Northbound: One right turn lane f.Newport Road West Driveway #1 – The developer / property owner shall construct the following improvements at the western Newport Road driveway intersection: iii. Eastbound: Two through lanes, one shared through and right turn lane iv. Northbound: One right turn lane 108.Intersection Geometrics – The following street intersections shall be improved with the following geometrics: a. Newport Road and Evans Road Intersection Improvements i. Northbound: One left turn lane, one through lane, one right turn lane. ii. Southbound: One left turn lane, one shared through / right turn lane. iii. Eastbound: One left turn lane (200’ existing pocket), two through lanes, one right turn trap. iv. Westbound: One left turn lane, two through lanes, one shared through / right turn lane. b. Newport Road: Full-ingress/right-turn out only half-signal at Driveway #2 between Parcels 1 and 2 i. Install a half signal ii. Westbound: One left turn lane, three through lanes iii. Eastbound: Two through lanes, one shared through and right turn lane iv. Northbound: One right turn only lane 109.Traffic Signal at the Intersection of Newport Road and Driveway #2 – Prior to issuance of Certificate of Occupancy, the developer / property owner shall construct a half traffic signal at Newport Road and Driveway #2. All new traffic signals shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic control devices shall be submitted with the traffic signal design plans, and shall be approved by the City Engineer / Public Works Director, prior to testing of a new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. The half signal shall have the following geometrics: a. Westbound: one left turn lane, three through lanes b. Eastbound: Two through lanes, one shared through and right turn lane c. Northbound: One right turn only lane 110.Fair Share Cost Participation for Off-site Improvements – The developer / property owner shall pay fair share costs for off-site improvements as detailed below prior to issuance of a certificate of occupancy. The fair share cost estimates shall be based on conceptual exhibits prepared by the developer, reviewed and approved by the Public Works Director / City Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:54 Tentative Parcel Map No. PLN19-0047 29 of 44 4 3 6 0 0 Engineer. The conceptual exhibits shall show the proposed improvements overlain onto the existing roadway in order to determine the cost of said improvement. These fair shares are determined as follows: a.Goetz Road at Railroad Canyon Road / Newport Road – The developer / property owner shall contribute a fair share construction cost of 5.5% toward the construction of a westbound right-turn overlap phase. b.Haun Road at Newport Road – The developer / property owner shall contribute a fair share construction cost of 3.7% toward the construction of a fourth eastbound through lane and the eastbound right-turn overlap phase. c.Holland Road Overcrossing – The developer / property owner shall contribute a fair share construction cost of 1.1% toward the construction of the Holland Road Overcrossing. G. NPDES and WQMP 111.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 and as determined and 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. 112.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:55 Tentative Parcel Map No. PLN19-0047 30 of 44 4 3 6 0 0 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. 113.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_i mplementation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. Prior to Grading Permit Issuance: 114.Final Project-Specific Water Quality Management Plan (Final WQMP) – The following report was reviewed and approved by the City: a.Preliminary Project Specific Water Quality Management Plan, Newport Pointe, DEV2019-053, prepared by Dost Engineering, dated March 24, 2021. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:56 Tentative Parcel Map No. PLN19-0047 31 of 44 4 3 6 0 0 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 115.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. 116.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: 117.WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:57 Tentative Parcel Map No. PLN19-0047 32 of 44 4 3 6 0 0 118.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. 119.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. H. WATER, SEWER, AND RECYCLED WATER 120.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. 121.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. 122.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 Parcel Map recordation and approval of improvement plans. 123.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. 124.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. I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:58 Tentative Parcel Map No. PLN19-0047 33 of 44 4 3 6 0 0 Prior to Final Map Recordation: 125.Annexation to the Citywide Community Facilities District (CFD) –Prior to Parcel Map recordation, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services). 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. 126.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 the recordation of the Parcel Map. 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. 127.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. 128.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. 129.Landscaping on Newport Road and Evans Road – The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Newport Road and Evans Road shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 130.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. J. WASTE MANAGEMENT Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:59 Tentative Parcel Map No. PLN19-0047 34 of 44 4 3 6 0 0 131. 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_businessh tml#mandatory 132. 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 is subject to this requirement. Prior to Building Permit Issuance: 133. 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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:60 Tentative Parcel Map No. PLN19-0047 35 of 44 4 3 6 0 0 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. 134.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 recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Issuance of Certificate of Occupancy 135. 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. K. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 136.Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, 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. 137.Road Bridge Benefit District (RBBD) – This project is within the Menifee Valley Zone C Road Bridge and Benefit District (RBBD). The applicant shall Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:61 Tentative Parcel Map No. PLN19-0047 36 of 44 4 3 6 0 0 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. 138.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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:62 Tentative Parcel Map No. PLN19-0047 37 of 44 4 3 6 0 0 Section IV: Riverside County Fire Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:63 Tentative Parcel Map No. PLN19-0047 38 of 44 4 3 6 0 0 It is the responsibility of the recipient of these Fire Department conditions to forward then to all interested parties. The permit number is required on all correspondence. Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at City of Menifee 29844 Haun Rd., Menifee, CA 92586. Phone (951)723-3767 With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 139. 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 140. 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. 141. 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. 142. HYDRANTS – Approved Super Hydrants, (6”x4”x 2 x 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. 143. 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) 144. 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. 145. FIRE FLOW- The water mains shall be capable of providing a min. fire flows per CFC. Appendix B. 146. 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:64 Tentative Parcel Map No. PLN19-0047 39 of 44 4 3 6 0 0 147. CONSTRUCTION - Fire safety during construction shall comply with the requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33) 148. 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 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. 149. 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) 150. 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. 151. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:65 Tentative Parcel Map No. PLN19-0047 40 of 44 4 3 6 0 0 Section V: Riverside County Environmental Health Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:66 Tentative Parcel Map No. PLN19-0047 41 of 44 4 3 6 0 0 General Conditions 152.Riverside County Department of Environmental Health. The project shall comply with the Riverside County Department of Environmental Health letter dated December 29, 2020 (attached at end of Conditions of Approval document). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:67 Tentative Parcel Map No. PLN19-0047 42 of 44 4 3 6 0 0 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:68 Tentative Parcel Map No. PLN19-0047 43 of 44 4 3 6 0 0 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:69 Tentative Parcel Map No. PLN19-0047 44 of 44 4 3 6 0 0 END OF CONDITIONS The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:70 RESOLUTION PC 21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. PLN19-0045 AND MASTER SIGN PROGRAM NO PLN19-0046 FOR A 84,211 COMMERCIAL CENTER AND ASSOCIATED SIGNAGE LOCATED ON THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft. drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft. restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft. daycare and (7) a 40,000 sq. ft. gym/fitness center and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN19-0044 to allow for the car-wash; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing 11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size from 0.30 acres to 3.47 acres; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Master Sign Program No. PLN19-0046 for the development; and, WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off- premises consumption and Public Convenience and Necessity findings for the grocery store; and, WHEREAS, on July 14, 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. PLN19-0045, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Plot Plan Findings: Section 1: Consistency with the General Plan. The proposed project is consistent with the adopted General Plan and any applicable specific plan. Consistency with General Plan Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:71 Page 2 of 7 Plot Plan No. PLN19-0045 July 14, 2021 The General Plan land use designation of the site is Specific Plan No. 140 (Newport Estates). More specifically, the site is located within Planning Area No. 7 (Commercial) which allows for a variety of commercial uses. The proposed Plot Plan, which includes a grocery store (with off-site alcohol sales) retail, restaurant (including a drive-thru restaurant), gym/fitness, daycare, a drive-thru car wash and a sign program, is consistent with the Specific Plan land use designation and will provide commercial uses as envisioned in the General Plan. The Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities. Newport Road is a commercial corridor that runs east and west through City. In addition, the Project is consistent with the following City of Menifee General Plan policies: Project Design CD-3.5  Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene. Perimeter landscaping has been provided to visually screen the parking lot and drive aisles from surrounding roadways along Newport Road and Evans Road. Placement of the buildings within the site will also provide additional screening of the parking field for some areas of the site. CD-3.9  Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. The Project is required to include a security system throughout the site and the site has been designed to limit concealed areas to allow for greater visibility and security. Building Design CD-3.10  Employ design strategies and building materials that evoke a sense of quality and permanence. The Project includes quality architectural features, such as stone veneer, cornices, metal canopies, fabric awnings, decorative light fixtures, tower elements, etc. In addition, the development includes a varied color palette which complements existing buildings in the area. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:72 Page 3 of 7 Plot Plan No. PLN19-0045 July 14, 2021 CD-3.14  Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The architecture of the Project incorporates varied colors, material changes, varied roof lines, tower elements, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. Enhanced Landscape Corridors CD-4.2 Design new and, when necessary, retrofit existing streets to improve walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, street lighting, and street furniture. The Project will provide sufficient right-of-way to accommodate standard sidewalks, parkway landscaping, street trees, street lighting and Class II bike lanes on Newport Road which is designated as an enhanced landscape corridor. Lighting CD-6.4  Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. The applicant is proposing decorative, shielded building mounted lighting as well as shielded lighting fixtures throughout the parking field of the site. CD-6.5  Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. The Project has been conditioned for all lighting fixtures to comply with Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance”, which will have the effect of limiting leakage and spillage of light. All lighting is to be shielded as described above. Policies ED-2.1  Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents and attract residents from outside the City to shop in Menifee. o Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:73 Page 4 of 7 Plot Plan No. PLN19-0045 July 14, 2021 o Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. The Project would provide additional retail options and greater convenience to residential and commercial uses in the Project vicinity. The Project locates these retail businesses along a major east/west commercial corridor (Newport Road). Surrounding General Plan designations include SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention) to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the north, Economic Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to the west. The Project is compatible with the surrounding uses. 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, as well as 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:Consistency with Title 9. The proposed project meets all applicable standards for development and provisions of Title 9: The Project site is zoned Specific Plan No. 140 (Newport Estates), Planning Area 7 (Commercial). The concurrently proposed uses for the site under Conditional Use Permit Nos. PLN19-0044, PLN20-0359, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047 and Sign Program No. PLN19-0046 are consistent with Planning Area 7 of the Specific Plan. The subdivision is also consistent with the development standards of the Specific Plan. Therefore, the project is consistent with the allowable uses and development standards of Specific Plan No. 140 and Title 9. Surrounding zoning classifications include SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention) to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the north, Economic Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to the west, which are all compatible with the zoning for the Project site. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:74 Page 5 of 7 Plot Plan No. PLN19-0045 July 14, 2021 The Project, which includes a grocery store (with off-site alcohol sales) retail, restaurant (including a drive-thru restaurant), gym/fitness, daycare, a drive-thru car wash and a sign program, is consistent with the Specific Plan’s list of allowable uses (with approval of a Conditional Use Permit for the car wash and alcohol sales). In addition, the design of the Project is consistent with the development standard of Specific Plan No. 140. 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 site is located at the southwest corner of Newport Road and Evans Road. Properties to the north across Newport Road include single-family residential and office/community center uses, vacant land can be found to the east, single-family residential to the west and single- family residential and park/detention bason uses to the south. Properties to the south of the subject site contain existing single-family homes and a park and detention basin while properties to the west of the site contain existing single-family homes. The project has been deigned to include a block wall and enhanced landscaping along the southern property line and the western property line in an effort to buffer the commercial uses from the existing homes. The wall and landscaping buffers are a requirement of the specific plan. The proposed Plot Plan will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. The project has been reviewed and conditioned by the City of Menifee Planning, Engineering, Police, and Fire Departments to ensure the project will not create conditions materially detrimental and in result, the project will not have a significant impact. Environmental impacts resulting from the project have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that impacts would all be less than significant or less than significant with the incorporation of the required mitigation measures. Therefore, the project would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Section 4: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. An IS/MND has been completed for the project and adopted by the Planning Commission pursuant to Resolution PC 21-____. The Plot Plan at issue is consistent with the MND, which the Planning Commission has considered as part of its proceedings. No new environmental impacts have been identified and no further environmental review is required for this project. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:75 Page 6 of 7 Plot Plan No. PLN19-0045 July 14, 2021 A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the project. Major Master Sign Program Findings: Section 5: The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. The proposed master sign program includes regulations for tenant signage including free-standing signs and wall signs affixed to a building. The proposed free-standing signs have been designed to incorporate stone veneer which can be found on portions of the proposed buildings as well and will be consistent with the proposed architectural theme. Future proposed tenant wall signs will be reviewed by City staff for consistency with City regulations, the master sign program and the overall architecture of the center. Therefore, the design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. Section 6: The design, location, and scale of proposed signs will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project. As previously mentioned, the proposed free-standing signs have been designed in a manner that is consistent with the architectural theme used throughout the development. The proposed location and scale of the free- standing signs were reviewed by City staff to ensure line of sight issues or other conflicts would not occur. The proposed free-standing signs would enhance the overall development and would aide in identifying the center to the public. Therefore, the design, location, and scale of the proposed free-standing signs will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project. Section 7: The proposed signs are consistent with the purposes of the General Plan or any applicable specific plan or development agreement. As mentioned in Section No. 1, above, the General Plan land use designation of the site is Specific Plan No. 140 (Newport Estates). More specifically, the site is located within Planning Area No. 7 (Commercial) which allows for a variety of commercial uses and associated signage. The proposed master sign program is for a proposed commercial development which includes regulations for free-standing signage as well as wall mounted signage for the center. The proposed program was reviewed against the City’s General Plan, Zoning code and the Specific Plan and was found to be consistent with all standards and regulations. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby makes the following findings Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:76 Page 7 of 7 Plot Plan No. PLN19-0045 July 14, 2021 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 Plot Plan No. PLN19-0045 subject to the Conditions of Approval set forth in Exhibit “1” of this Resolution. PASSED, APPROVED AND ADOPTED this the 14th day of July, 2021 _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:77 Plot Plan No. PLN19-0045 and PLN19-0046 1 of 67 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Plot Plan No. PLN19-0045 (“Newport Pointe Commercial”) Project Description: Plot Plan No. PLN19-0045 proposes the development of a commercial center and an associated master sign program at the southwest corner of Newport Road and Evans Road on an approximate 11.14-acre site. The project proposes seven (7) buildings totaling approximately 84,211 square feet and 415 parking stalls. More specifically, the breakdown of building square footage and use information is as follows: 1. Building 1 (Grocery with Off-site Alcohol Sales) – 18,041 square feet. 2. Building 2 (Drive-thru Carwash) – 4,010 square feet. 3. Building 3 (Drive-thru restaurant) – 1,800 square feet. 4. Building 4 (Restaurant/Retail) – 7,360 square feet. 5. Building 5 (Restaurant/Retail) – 3,010 square feet. 6. Building 6 (Daycare) – 9,990 square feet. 7. Building 7 (Gym/Fitness) – 40,000 square feet. Proposed access into the site would be via three (3) driveways located off Newport Road and a single driveway located off Evans Road. Assessor's Parcel No.:360-020-051 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:July 14, 2021 Expiration Date:July 14, 2024 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:78 Plot Plan No. PLN19-0045 and PLN19-0046 2 of 67 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 Determination (ND/MND). 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 Two Thousand Five Hundred and Thirty Dollars and Twenty-Five Cents ($2,530.25) which includes the Two Thousand Four Hundred and Eighty Dollars and Twenty-Five Cent ($2,480.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:79 Plot Plan No. PLN19-0045 and PLN19-0046 3 of 67 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:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:80 Plot Plan No. PLN19-0045 and PLN19-0046 4 of 67 Section I: Conditions Applicable to All Departments Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:81 Plot Plan No. PLN19-0045 and PLN19-0046 5 of 67 General Conditions 3.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. PLN19-0045 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. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT B = Floor Plans and Elevations of Plot Plan No. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT S = Sign Program for Plot Plan No. PLN19-0045, dated June 21, 2021. 4.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. 5.Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program (“MMRP”) which is incorporated by reference as part of these conditions of approval. 6.City of Menifee. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City may identify and fund mitigation measures under 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 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:82 Plot Plan No. PLN19-0045 and PLN19-0046 6 of 67 7.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. 8.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. 9.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. 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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:83 Plot Plan No. PLN19-0045 and PLN19-0046 7 of 67 Section II: Community Development Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:84 Plot Plan No. PLN19-0045 and PLN19-0046 8 of 67 General Conditions 11.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, G, L and S unless otherwise amended by these conditions of approval. 12.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. 13.Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B. 14.Parking. A minimum of 415 parking spaces are required (not including the car wash vacuum stalls); however, the project will provide 480 parking spaces which exceeds the spaces required. The 480 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department and/or Planning Commission. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of twenty (20) 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:85 Plot Plan No. PLN19-0045 and PLN19-0046 9 of 67 Bicycle Racks: Bicycle racks or lockers with a minimum of twenty (20) spaces are required; however, the project will provide 28 spaces. The 28 spaces shall be provided as shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Community Development Department approval, and shall be installed in accordance with those plans. Bicycle rack designs that employ a theme are highly encouraged. 15.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. 16.Sign Supports. Sign support hardware shall be of a compatible material and design with the sign it supports and shall compliment the architecture and design of building to which it is affixed, if any. Sign supports of a permanent sign shall be reviewed as part of the sign permit process. 17.Signs Maintained. All signs shall be maintained in a condition acceptable to the Community Development Department throughout the life of the permit. Graffiti shall be removed from all signs within twenty-four (24) hours. 18.Modifications to Signage. Should a change in signage occur, the proposed signage shall comply with the general size and location of what was approved in the master sign program. Signage outside the approved areas including, freestanding signs shall apply for an amendment to the master sign program. 19.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. 20.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. 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.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). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:86 Plot Plan No. PLN19-0045 and PLN19-0046 10 of 67 23.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. 24.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 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". 25.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. 26.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. 27.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. 28.Completion of Conditions Prior to Operations. Pursuant to City of Menifee Municipal Code, the proposed use approved under Plot Plan No. PLN19- 0045 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. 29.Compliance with Building Code. Project design shall be subject to the seismic design criteria of the most recent edition of the California Building Code (CBC) as adopted by the City of Menifee. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:87 Plot Plan No. PLN19-0045 and PLN19-0046 11 of 67 30.Compliance with Geotechnical Report. The Project shall comply with recommendations listed in the Geotechnical Report to address strong seismic ground shaking and how it will reduce exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. 31.Compliance with Section 9.210.060. The Project shall comply with Menifee Municipal Code, Section 9.210.060 (Noise Control Regulations), Section 9.210.060 – General Exemptions, exemptions relevant to the Project include: a. Property maintenance including lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7 a.m. and 8:00 p.m.; b. Motor vehicles, other than off-highway vehicles; and c. Heating and air conditioning equipment in proper repair. Archeological and Paleontological Resources 32.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. 33.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). 34.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). a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:88 Plot Plan No. PLN19-0045 and PLN19-0046 12 of 67 developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. c. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. d. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition. e. Pursuant to Calif. Pub. Res. Code § 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.” 35.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:89 Plot Plan No. PLN19-0045 and PLN19-0046 13 of 67 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. 36.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 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 37.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:90 Plot Plan No. PLN19-0045 and PLN19-0046 14 of 67 Department and the South Coast Air Quality Management District (SCAQMD). 38.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. 39.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. 40.Maintenance of Landscaping. 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. Fees 41.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. Prior to Issuance of Grading Permit 42.Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance. 43.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. 44.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: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:91 Plot Plan No. PLN19-0045 and PLN19-0046 15 of 67 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; 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; Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:92 Plot Plan No. PLN19-0045 and PLN19-0046 16 of 67 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. 45.SCAQMD Compliance. The project shall comply with SCAQMD Rules applicable during construction activities including but not limited to Rule 1113 (Architectural Coatings); Rule 403 (Fugitive Dust), Rule 1186 / 1186.1 (Street Sweepers); and Rule 461 (Gasoline Transfer and Dispensing during construction activities). 46.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). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:93 Plot Plan No. PLN19-0045 and PLN19-0046 17 of 67 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. Biological Resources 47.Burrowing Owl Preconstruction 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 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 30 days of the survey a new survey shall be required. If construction and/or disturbance of the site is suspended for a period of days (30) days or more, a new survey shall be required. If the 30-day pre-construction burrowing owl survey finds owls on the site, the project biologist shall notify California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) within two business days of discovering the occupied burrows, and shall subsequently prepare a Burrowing Owl Protection and Relocation Plan for review and approval by the CDFW, USFWS, and the Regional Conservation Authority (RCA) prior to initiating any ground-disturbing activities (including disking and mowing, among others). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:94 Plot Plan No. PLN19-0045 and PLN19-0046 18 of 67 48.Nesting Bird Survey. If grading or site disturbance including demolition of existing structures is to occur during the nesting season (February 15 – August 31), a nesting bird survey (including raptors) shall be conducted within ten (10) days prior to grading permit issuance or any site clearing or demolition. This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County. If active bird nests are found, avoidance buffers of 1,000 feet for large birds of prey, 500 feet for small birds of prey, and 250 feet for songbirds, decided by CDFW on a case-by-case basis, shall be established and observed. The biologist shall prepare a final letter report that shall be submitted to the City of Menifee Community Development Department for review and approval. Archeological and Paleontological Resources 49.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:95 Plot Plan No. PLN19-0045 and PLN19-0046 19 of 67 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. 50.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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:96 Plot Plan No. PLN19-0045 and PLN19-0046 20 of 67 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. 51.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:97 Plot Plan No. PLN19-0045 and PLN19-0046 21 of 67 52.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 53.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 9.87 acres 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. 54.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 55.Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior to issuance of building permits. The Community Development Director may require inspection or other monitoring to ensure such compliance. 56.Submit Building Plans. Prior to the issuance of a building permit, the permittee shall submit building plans with the City of Menifee Building and Safety Department for building permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, C, G, L and S. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:98 Plot Plan No. PLN19-0045 and PLN19-0046 22 of 67 57.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, M and S. If building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT B, M and S 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. 58.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. 59.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 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 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. 60.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. 61.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. Low-pressure sodium lamps are the preferred illuminating source, and all non-exempt outdoor light fixtures Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:99 Plot Plan No. PLN19-0045 and PLN19-0046 23 of 67 shall be shielded. A maximum of 8,100 total lumens per acre or parcel if less than one acre shall be allowed. When lighting is “allowed”, it must be fully shielded if feasible and partially shielded in all other cases and must be focused to minimize spill light into the night sky and onto adjacent properties (Section 6.01.040). 62.Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building. 63.Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 64.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. If the proposed wall and fences for the development remain consistent with the approved conceptual wall and fence plan, then no final wall and fence plan application is needed. However, if wall and fences deviate from the approved conceptual wall and fence plan, then a new application will be required. 65.Menu Board Location Site Plan. Prior to building permit issuance for Building No. 3 (drive-thru restaurant), the developer shall provide a revised site plan showing adequate drive-thru stacking for the restaurant. Stacking for the drive-thru shall allow for six (6) vehicles prior to the menu board. Stacking shall assume a minimum measurement of 9 feet x 20 feet per vehicle. 66.Newport and Evans Road Project Entry Treatment. Prior to building permit issuance for the project entry treatment located at the southwest corner of Newport Road and Evans Road, the developer shall provide an updated elevation of the monument sign showing the incorporation of “Newport Estates” on the sign face for clear entry into the Newport Estates Specific Plan as required by the specific plan. 67.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. 68.Reciprocal Parking and Access Agreement. Prior to final map recordation or building permit issuance (whichever occurs first), a reciprocal parking and access agreement shall be recorded to share the parking spaces and allow reciprocal access for the parcels associated with commercial center and allow for emergency vehicular access through the commercial center to the senior living facility at its southeast access gate. 69.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:100 Plot Plan No. PLN19-0045 and PLN19-0046 24 of 67 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 70.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. 71.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. 72.Open Space Fee (MSHCP). Prior to the issuance of a building permit, the applicant shall comply with the provisions of City of Menifee Municipal Code Chapter 8.27 (hereinafter Chapter 8.27), 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 Chapter 8.27 is rescinded, this condition will no longer be applicable. However, should Chapter 8.27 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:101 Plot Plan No. PLN19-0045 and PLN19-0046 25 of 67 73.Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 74.Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. Landscaping 75.Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. At applicant’s election, a cash security may also be used for amounts exceeding $2,500. 76.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:102 Plot Plan No. PLN19-0045 and PLN19-0046 26 of 67 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. Project Specific Landscape Requirements: 77.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. 78.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. Interim shrub borders shall be planted around various undeveloped pads of the project. 79.Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 80.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. 81.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. 82.Tree Placement. Tree placement should avoid conflicts with parking lot lighting. 83.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. 84.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:103 Plot Plan No. PLN19-0045 and PLN19-0046 27 of 67 85.Wall Latice/Vine Planters. Adequate planters shall be provided for the proposed vines at each wall lattice location. Planters shall be shown on the final landscaping and irrigation plan for the project. Prior to Final Inspection 86.Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior to final inspection. The Community Development Director may require inspection or other monitoring to ensure such compliance. 87.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. 88.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. 89.Lighting. Exterior lighting shall be consistent with the approved building plans. 90.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, G 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. 91.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. 92.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:104 Plot Plan No. PLN19-0045 and PLN19-0046 28 of 67 underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 93.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. 94.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. 95.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. 96.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 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 97.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?” 98.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:105 Plot Plan No. PLN19-0045 and PLN19-0046 29 of 67 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. 99.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. 100.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 101.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:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:106 Plot Plan No. PLN19-0045 and PLN19-0046 30 of 67 Section III: Engineering/Public Works Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:107 Plot Plan No. PLN19-0045 and PLN19-0046 31 of 67 The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with 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 ENGINEERING CONDITIONS 102. This conditional use permit, PLN19-0044, is concurrently processing a proposed plot plan, PLN19-0045, which has its own set of Conditions of Approval. The conditions for this conditional use permit, shall be satisfied in concurrence with the Conditions of Approval for the proposed Tentative Parcel Map, PLN19-0047 / TPM 37071 and Plot Plan PLN19-0045. 103.Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act. 104.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. 105.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 map recordation, 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. 106.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:108 Plot Plan No. PLN19-0045 and PLN19-0046 32 of 67 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. 107.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. 108.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. 109.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 and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. 110.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:109 Plot Plan No. PLN19-0045 and PLN19-0046 33 of 67 111.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. 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. 112.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 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 113.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. 114.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:110 Plot Plan No. PLN19-0045 and PLN19-0046 34 of 67 Chapter 8.26. Additionally grading permits are subject to the Public Works Department conditions of approval stated herein. 115.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. 116.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. 117.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. 118.2:1 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. 119.Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 120.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. 121.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. 122.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. 123.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:111 Plot Plan No. PLN19-0045 and PLN19-0046 35 of 67 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. 124.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. 125.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 and/or Tentative Parcel Map. 126.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. 127.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. 128.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:112 Plot Plan No. PLN19-0045 and PLN19-0046 36 of 67 129.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. 130.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. 131.Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas. 132.10 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. 133.100 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. 134.100 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. 135.100 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. 136.On-Site Storm Drain System - Prior to issuance of a grading permit, the proposed on-site storm drain system 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 the existing Riverside County Flood Control and Water Conservation District storm drain line in Newport Road, and shall not flow over the proposed parkway or within the driveway approach. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:113 Plot Plan No. PLN19-0045 and PLN19-0046 37 of 67 137.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: 138.Geotechnical Report – The following documentation was reviewed and approved by the City: a. Preliminary Soil Investigation Report Update, Proposed Newport Pointe Retail Center, APN: 360-020-051, Newport Road, Menifee, California, prepared by GeoMat Testing Laboratories, Inc., Project No. 18226-01, dated December 6, 2020. Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application for a grading permit, 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. 139.Drainage Study – The following report was reviewed and approved by the City: a. Preliminary Hydrology Report for Newport Pointe, prepared by Dost Engineering, received March 31, 2021. Two copies of a 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:114 Plot Plan No. PLN19-0045 and PLN19-0046 38 of 67 140.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. 141.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. 142.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. 143.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. 144.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. 145.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 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:115 Plot Plan No. PLN19-0045 and PLN19-0046 39 of 67 146.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 to construct the necessary transition from the west on Newport 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: 147.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. 148.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. 149.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. 150.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: 151.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. 152.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:116 Plot Plan No. PLN19-0045 and PLN19-0046 40 of 67 153.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. COVENANTS, CONDITIONS & RESTRICTIONS (CC&Rs) 154.Common Area Maintenance – Any common areas identified in the Tentative Parcel Map shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative parcel map area, to assume maintenance responsibility for all common areas. The organization may be public (City CFD, or another agency) or private (e.g., property owners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city. (See also the Use / Maintenance of Ultimate Right-of-Way Portion of Property and Owner Improvements condition) b. The maintenance organization shall be established prior to or concurrent with the Parcel Map recordation. 155.Conditions, Covenants and Restrictions (Private Common Areas) – In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA) shall be the mechanism to maintain such common areas. (See also the Use / Maintenance of Ultimate Right-of-Way Portion of Property and Owner Improvements condition) 156.CC&R Content, Submittal Process and Timing – Prior to parcel map recordation, the developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following: a. One hard copy and an electronic version of the CC&R’s. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R’s shall: i. provide for the establishment of a property owner's association, ii. provide for the ownership of the common area by the property owner's association, Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:117 Plot Plan No. PLN19-0045 and PLN19-0046 41 of 67 iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project’s approved WQMP. v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer. vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R’s wet-signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R’s prior to or concurrent with the recordation of the parcel map. d. A deposit to pay for the review of the CC&Rs pursuant to the City’s current fee schedule at the time the above-referenced documents are submitted to the Public Works / Engineering Department. D. STREETS AND DEDICATIONS 157.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. The development includes improvements to Newport Road and Evans Road along the project frontage. Vehicular access to the project as shown on the Plot Plan / Tentative Parcel Map will be provided via four driveways. Driveway #1 is located along Newport Road at the western end of the project. Driveway #2 is located along Newport Road between Parcel No 1 and Parcel No 2. Driveway #3 is located along Newport Road at the eastern end of the project. Driveway #4 is located along Evans Road at the southern end of the project. a) Newport Road – Newport Road shall be improved to a modified Urban Arterial designation with an ultimate half width Right of Way of 65 feet, 55 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:118 Plot Plan No. PLN19-0045 and PLN19-0046 42 of 67 feet paved curb to centerline, a Class II bike lane, a 6 foot sidewalk adjacent to curb and a 4 foot wide parkway. The improvements shall include a raised median to restrict turns in and out of the development and a half signal at Driveway #2. Relocation of electrical power lines along Newport Road will be required. Prior to recordation of the Parcel Map, the developer shall construct or guarantee the construction of the public street improvements within Newport Road fronting the property to the centerline plus an additional 12 feet past centerline, as approved by the Public Works Director / City Engineer. Improvements shall be adequately transitioned back to the existing pavement to the west as shown on the approved plot plan and preliminary grading plan. The design of the street improvements and transition shall be reviewed and approved by the City Engineer. If needed, 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) Evans Road – Evans Road shall be improved to a modified Secondary designation with an ultimate half width Right of Way of 44 feet, 32 feet paved curb to centerline, a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway. Prior to recordation of the Parcel Map, the developer shall construct or guarantee the construction of the public street improvements within Evans Road fronting the property to the centerline plus an additional 12 feet past centerline, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If needed, 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. c) Reconstruction or Resurfacing of Newport Road and Evans Road – The Public Works Director / City Engineer may consider reconstruction or resurfacing of existing Newport Road and Evans 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 City Engineer, the developer may core the existing pavement 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:119 Plot Plan No. PLN19-0045 and PLN19-0046 43 of 67 158.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. 159.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. 160.Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways shall be granted to the City through the Parcel Map, or other acceptable recordable instrument. 161.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. 162.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. 163.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. 164.Signing and Striping – A signing and striping plan for Newport Road and Evans Road is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. 165.Traffic Signal Plan – The applicant shall be responsible for design of the half signal at Newport Road and Driveway #2. The traffic signal plan shall be approved by the Public Works Director / City Engineer. 166.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. 167.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: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:120 Plot Plan No. PLN19-0045 and PLN19-0046 44 of 67 168.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. 169.Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, and/or the recordation of the Parcel Map, whichever occurs first, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). 170.Newport Road Dedication. The developer / property owner shall construct or guarantee the construction of Newport Road to a modified Urban Arterial designation with an ultimate half width Right of Way of 65 feet, and 55 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Newport Road right of way fronting the development on the Parcel Map. The Parcel Map boundary shall extend to the centerline of Newport Road, unless the street was previously dedicated in fee title in which case the map shall note the instrument number that dedicated the right of way. 171.Evans Road Dedication. The developer / property owner shall construct or guarantee the construction of Evans Road to a modified Secondary designation with an ultimate half width Right of Way of 44 feet, and 32 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Evans Road right of way fronting the development on the Parcel Map. The Parcel Map boundary shall extend to the centerline of Newport Road, unless the street was previously dedicated in fee title in which case the map shall note the instrument number that dedicated the right of way. Prior to Issuance of Certificate of Occupancy: 172.Newport Road Improvements – Improvements on Newport Road fronting the development shall be completed to a modified Urban Arterial designation with and ultimate half width Right of Way of 65 feet and 55 feet paved curb to centerline prior to issuance of Certificate of Occupancy. Improvements shall be adequately transitioned from the east as shown on the approved plot plan and preliminary grading plan. Relocation of electrical power lines along Newport Road will be required. 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. 173.Evans Road Improvements – Improvements on Evans Road fronting the completed shall be improved to a modified Secondary designation with and ultimate half width Right of Way of 44 feet and 32 feet paved curb to centerline with a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway prior to issuance of Certificate of Occupancy. It shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:121 Plot Plan No. PLN19-0045 and PLN19-0046 45 of 67 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. 174.Driveways and Driveway Approaches – Driveways and Driveway Approaches as shown on the approved plot plan/Tentative Parcel Map shall be designed and constructed prior to issuance of Certificate of Occupancy. The driveways shall be designed and constructed per City of Menifee No. 208 with the exception of the half signal at Driveway #2 on Newport Road which should be designed as a standard intersection with curb returns. E. TRAFFIC ENGINEERING 175.Traffic Impact Analysis Report – The development shall comply with all the improvements and mitigation measures 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 April 28, 2021. All required improvements and mitigations 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: 176.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. 177.Signing and Striping Plan – Prior to issuance of a construction permit, any necessary signing and striping plan for Newport Road and Evans Road shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 178.Traffic Signal Plan – Prior to issuance of a construction permit, the traffic signal plan for the half signal at Newport Road and Driveway #2 shall be approved by the City Engineer in accordance with City standards and specifications. 179.Driveway Geometrics – Final driveway geometrics may be modified in final engineering as approved by the City Engineer / Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 180.Construction Traffic Control Plan – Prior to start of any project related construction, the developer / property owner shall submit to the Public Works Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:122 Plot Plan No. PLN19-0045 and PLN19-0046 46 of 67 / 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. Dust and dirt fallout from truck loads that 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: 181.Construction of Roadway Improvements – The developer / property owner shall construct improvements on Newport Road to a modified Urban Arterial and Evans Road to a modified Secondary as shown on the Conditions of Approval. a.Newport Road Frontage Improvements – The developer / property owner shall construct Newport Road to it’s ultimate half section width as a modified Urban Arterial between Evans Road and the western project boundary. The required improvements shall include construction of one (1) additional eastbound through lane, restriping of the eastbound bike lane and appropriate transition approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. b.Newport Road Raised Median – The developer / property owner shall construct a full raised median on Newport Road from Evans Road to the western property boundary with appropriate transition approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. c.Evans Road Driveway #4 – The developer / property owner shall construct the following improvements at the Evans Road driveway intersection: i. Northbound: two through lanes, one left turn lane ii. Southbound: one through lane, one shared through and right turn lane iii. Eastbound: one shared right turn and left turn lane Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:123 Plot Plan No. PLN19-0045 and PLN19-0046 47 of 67 d.Newport Road East Driveway #3 – The developer property owner shall construct the following improvements at the eastern Newport Road driveway intersection: i. Eastbound: Two through lanes, one shared through and right turn lane ii. Northbound: One right turn lane e.Newport Road Driveway #2 – The developer / property owner shall construct the following improvements at the center Newport Road driveway intersection: iii. Install a half signal iv. Eastbound: Two through lanes, one shared through and right turn lane v. Westbound: Three through lanes, one left turn lane vi. Northbound: One right turn lane f.Newport Road West Driveway #1 – The developer / property owner shall construct the following improvements at the western Newport Road driveway intersection: vii. Eastbound: Two through lanes, one shared through and right turn lane viii. Northbound: One right turn lane 182.Intersection Geometrics – The following street intersections shall be improved with the following geometrics: a. Newport Road and Evans Road Intersection Improvements i. Northbound: One left turn lane, one through lane, one right turn lane. ii. Southbound: One left turn lane, one shared through / right turn lane. iii. Eastbound: One left turn lane (200’ existing pocket), two through lanes, one right turn trap. iv. Westbound: One left turn lane, two through lanes, one shared through / right turn lane. b. Newport Road: Full-ingress/right-turn out only half-signal at Driveway #2 between Parcels 1 and 2 i. Install a half signal ii. Westbound: One left turn lane, three through lanes iii. Eastbound: Two through lanes, one shared through and right turn lane iv. Northbound: One right turn only lane 183.Traffic Signal at the Intersection of Newport Road and Driveway #2 – Prior to issuance of Certificate of Occupancy, the developer / property owner shall construct a half traffic signal at Newport Road and Driveway #2. All new traffic signals shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:124 Plot Plan No. PLN19-0045 and PLN19-0046 48 of 67 license software. Said traffic control devices shall be submitted with the traffic signal design plans, and shall be approved by the City Engineer / Public Works Director, prior to testing of a new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. The half signal shall have the following geometrics: a. Westbound: one left turn lane, three through lanes b. Eastbound: Two through lanes, one shared through and right turn lane c. Northbound: One right turn only lane 184.Fair Share Cost Participation for Off-site Improvements – The developer / property owner shall pay fair share costs for off-site improvements as detailed below prior to issuance of a certificate of occupancy. The fair share cost estimates shall be based on conceptual exhibits prepared by the developer, reviewed and approved by the Public Works Director / City Engineer. The conceptual exhibits shall show the proposed improvements overlain onto the existing roadway in order to determine the cost of said improvement. These fair shares are determined as follows: a.Goetz Road at Railroad Canyon Road / Newport Road – The developer / property owner shall contribute a fair share construction cost of 5.5% toward the construction of a westbound right-turn overlap phase. b.Haun Road at Newport Road – The developer / property owner shall contribute a fair share construction cost of 3.7% toward the construction of a fourth eastbound through lane and the eastbound right-turn overlap phase. c.Holland Road Overcrossing – The developer / property owner shall contribute a fair share construction cost of 1.1% toward the construction of the Holland Road Overcrossing. F. NPDES and WQMP 185.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 and as determined and 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. 186.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:125 Plot Plan No. PLN19-0045 and PLN19-0046 49 of 67 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. 187.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:126 Plot Plan No. PLN19-0045 and PLN19-0046 50 of 67 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: 188.Final Project-Specific Water Quality Management Plan (Final WQMP) – The following report was reviewed and approved by the City: a.Preliminary Project Specific Water Quality Management Plan, Newport Pointe, DEV2019-053, prepared by Dost Engineering, dated March 24, 2021. 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 189.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. 190.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: 191.WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Proof of notification shall be Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:127 Plot Plan No. PLN19-0045 and PLN19-0046 51 of 67 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. 192.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. 193.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. G. WATER, SEWER, AND RECYCLED WATER 194.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. 195.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:128 Plot Plan No. PLN19-0045 and PLN19-0046 52 of 67 196.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 Parcel Map recordation and approval of improvement plans. 197.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. 198.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. H. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 199.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. 200.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. 201.Landscaping on Newport Road and Evans Road – The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Newport Road and Evans Road shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 202.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. I. WASTE MANAGEMENT 203.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:129 Plot Plan No. PLN19-0045 and PLN19-0046 53 of 67 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#mand atory 204.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 is subject to this requirement. Prior to Building Permit Issuance: 205.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. 206.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 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:130 Plot Plan No. PLN19-0045 and PLN19-0046 54 of 67 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 recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Issuance of Certificate of Occupancy 207.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. J.FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 208.Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, 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. 209.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:131 Plot Plan No. PLN19-0045 and PLN19-0046 55 of 67 210.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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:132 Plot Plan No. PLN19-0045 and PLN19-0046 56 of 67 Section IV: Building and Safety Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:133 Plot Plan No. PLN19-0045 and PLN19-0046 57 of 67 General Requirements 211. 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. 212. 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. If a code cycle changes prior to submission of any plans or documents, the plans submitted shall be updated to the current State of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any other state, federal, or city requirements. 213. 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. 214. 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. 215. 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. 216. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 217. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:134 Plot Plan No. PLN19-0045 and PLN19-0046 58 of 67 require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 218. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 219. 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. 220. 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. 221. 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. The developer can have one single “house” meter for the entire site to control the site lighting and the other items. 222. 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. 223. 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 224. Submitting Plans and Calculations. Applicant must submit to the Building & Safety Department, a building Permit application and one set each of complete plans, supporting documents, and calculations for electronic submittals for review 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:135 Plot Plan No. PLN19-0045 and PLN19-0046 59 of 67 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 225. 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. 226. 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 227. 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. 228. Each Department is required to Approve, with a signature. Prior to Start of Construction 229. 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 230. 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 231. Each department is required to Review and Approve with a Signature, once ALL Conditions of Approval have been Met/Approved. Prior to Final Inspection 232. 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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:136 Plot Plan No. PLN19-0045 and PLN19-0046 60 of 67 Section V: Riverside County Fire Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:137 Plot Plan No. PLN19-0045 and PLN19-0046 61 of 67 It is the responsibility of the recipient of these Fire Department conditions to forward then to all interested parties. The permit number is required on all correspondence. Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at City of Menifee 29844 Haun Rd., Menifee, CA 92586. Phone (951)723-3767 With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 233. 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 234. 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. 235. 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. 236. HYDRANTS – Approved Super Hydrants, (6”x4”x 2 x 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. 237. 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) 238. 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. 239. FIRE FLOW- The water mains shall be capable of providing a min. fire flows per CFC. Appendix B. 240. 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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:138 Plot Plan No. PLN19-0045 and PLN19-0046 62 of 67 241. CONSTRUCTION - Fire safety during construction shall comply with the requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33) 242. 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 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. 243. 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) 244. 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. 245. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal. These comments are preliminary; further review will occur upon receiving building plans. Additional conditions may be necessary at that time. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:139 Plot Plan No. PLN19-0045 and PLN19-0046 63 of 67 Section VI: Riverside County Environmental Health Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:140 Plot Plan No. PLN19-0045 and PLN19-0046 64 of 67 General Conditions 246.Riverside County Department of Environmental Health. The project shall comply with the Riverside County Department of Environmental Health letter dated December 29, 2020 (attached at end of Conditions of Approval document). Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:141 Plot Plan No. PLN19-0045 and PLN19-0046 65 of 67 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:142 Plot Plan No. PLN19-0045 and PLN19-0046 66 of 67 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:143 Plot Plan No. PLN19-0045 and PLN19-0046 67 of 67 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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:144 RESOLUTION NO. PC21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. PLN19-0044 FOR A CAR-WASH LOCATED ON THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft. drive-thru car-wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft. restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft. daycare and (7) a 40,000 sq. ft. gym/fitness center and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN19-0044 to allow for the car-wash; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing 11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size from 0.30 acres to 3.47 acres; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Master Sign Program No. PLN19-0046 for the development; and, WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off- premises consumption and Public Convenience and Necessity findings for the grocery store; and, WHEREAS, on July 14, 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. PLN19-0044, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: Consistency with the General Plan. The proposed design and location of the Conditional Use Permit is consistent with the adopted General Plan and any applicable specific plan: Consistency with General Plan The General Plan land use designation of the site is Specific Plan No. 140 (Newport Estates). More specifically, the site is located within Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:145 Page 2 of 6 Conditional Use Permit No. PLN19-0044 July 14, 2021 Planning Area No. 7 (Commercial) which allows for a variety of commercial uses. The proposed Conditional Use Permit, which includes a drive-thru car- wash, is consistent with the Specific Plan land use designation and will provide for commercial uses as envisioned in the General Plan. The Project provides a service designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities. Newport Road is a commercial corridor that runs east and west through City. In addition, the Project is consistent with the following City of Menifee General Plan policies: Project Design CD-3.5  Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene. Perimeter landscaping has been provided to visually screen the parking lot and drive aisles from surrounding roadways along Newport Road and Evans Road. Placement of the buildings within the site will also provide additional screening of the parking field for some areas of the site. CD-3.9  Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. The Project is required to include a security system throughout the site and the site has been designed to limit concealed areas to allow for greater visibility and security. Building Design CD-3.10  Employ design strategies and building materials that evoke a sense of quality and permanence. The Project includes quality architectural features, such as stone veneer, cornices, metal canopies, fabric awnings, decorative light fixtures, tower elements, etc. In addition, the development includes a varied color palette which complements existing buildings in the area. CD-3.14  Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The architecture of the drive-thru car-wash incorporates varied colors, material changes, varied roof lines, tower elements, wall plane Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:146 Page 3 of 6 Conditional Use Permit No. PLN19-0044 July 14, 2021 changes, accent materials, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. Enhanced Landscape Corridors CD-4.2 Design new and, when necessary, retrofit existing streets to improve walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, street lighting, and street furniture. The Project will provide sufficient right-of-way to accommodate standard sidewalks, parkway landscaping, street trees, street lighting and Class II bike lanes on Newport Road which is designated as an enhanced landscape corridor. Lighting CD-6.4  Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. The applicant is proposing decorative, shielded building mounted lighting as well as shielded lighting fixtures throughout the parking field of the site. CD-6.5  Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. The Project has been conditioned for all lighting fixtures to comply with Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance”, which will have the effect of limiting leakage and spillage of light. All lighting is to be shielded as described above. Policies ED-2.1  Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents and attract residents from outside the City to shop in Menifee. o Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. o Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:147 Page 4 of 6 Conditional Use Permit No. PLN19-0044 July 14, 2021 The Project would provide an additional service option and greater convenience to residential and commercial uses in the Project vicinity. The Project locates this service business along a major east/west commercial corridor (Newport Road). Surrounding General Plan designations include SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention) to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the north, Economic Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to the west. The Project is compatible with the surrounding uses. 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:Consistency with the Zoning Code. The proposed design and location of the conditional uses meet all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. The Project site is zoned Specific Plan No. 140 (Newport Estates), Planning Area 7 (Commercial). The concurrently proposed uses for the site under Conditional Use Permit Nos. PLN19-0044, PLN20-0359, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047 and Sign Program No. PLN19-0046 are consistent with Planning Area 7 of the Specific Plan. The subdivision is also consistent with the development standards of the Specific Plan. Planning Area No. 7 allows car-wash uses with an approved Conditional Use Permit. Therefore, the project is consistent with the allowable uses and development standards of Specific Plan No. 140 and Title 9. In addition, the design of the Project is consistent with the development standards of Specific Plan No. 140. Surrounding zoning classifications include SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention) to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the north, Economic Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to the west, which are all compatible with the zoning for the Project site. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:148 Page 5 of 6 Conditional Use Permit No. PLN19-0044 July 14, 2021 Section 3: Surrounding Uses. That the proposed site is adequate in size and shape to accommodate the conditional uses in a manner that is compatible with existing and planned uses in the vicinity and 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 at the southwest corner of Newport Road and Evans Road. Properties to the north across Newport Road include single-family residential and office/community center uses, vacant land can be found to the east, single-family residential to the west and single- family residential and park/detention bason uses to the south. Properties to the south of the subject site contain existing single-family homes and a park and detention basin while properties to the west of the site contain existing single-family homes. The project has been deigned to include a block wall and enhanced landscaping along the southern property line and the western property line in an effort to buffer the commercial uses from the existing homes. The wall and landscaping buffers are a requirement of the specific plan. The proposed Conditional Use Permit will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. The project has been reviewed and conditioned by the City of Menifee Planning, Engineering, Police, and Fire Departments to ensure the project will not create conditions materially detrimental and in result, the project will not have a significant impact. Environmental impacts resulting from the project have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that impacts would all be less than significant or less than significant with the incorporation of the required mitigation measures. Therefore, the project would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Section 4: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. An IS/MND has been completed for the project and adopted by the Planning Commission pursuant to Resolution PC 21-____. The Conditional Use Permit at issue is consistent with the MND, which the Planning Commission has considered as part of its proceedings. No new environmental impacts have been identified and no further environmental review is required for this project. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the project. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee makes the following findings: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:149 Page 6 of 6 Conditional Use Permit No. PLN19-0044 July 14, 2021 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. PLN19-0044 subject to the Conditions of Approval set forth in Exhibit “1” of this Resolution. PASSED, APPROVED AND ADOPTED this the 14th day of July, 2021 _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:150 Page 1 of 10 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Conditional Use Permit No. PLN19-0044 (“Newport Pointe Commercial”) Project Description: Conditional Use Permit No. PLN19-0044 (“Newport Pointe Commercial”) would allow for a drive-thru car wash at the Newport Pointe Commercial Center located at the southwest corner of Newport Road and Evans Road. Assessor's Parcel No.:APN 360-020-051 Approval Date:July 14, 2021 Expiration Date:July 14, 2024 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:151 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 Determination (ND/MND). 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 Two Thousand Five Hundred and Thirty Dollars and Twenty-Five Cents ($2,530.25) which includes the Two Thousand Four Hundred and Eighty Dollars and Twenty-Five Cent ($2,480.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:152 Page 3 of 10 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:153 Page 4 of 10 Section I: Conditions Applicable to All Departments Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:154 Page 5 of 10 3.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. PLN19-0045 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. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT B = Floor Plans and Elevations of Plot Plan No. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT S = Sign Program for Plot Plan No. PLN19-0045, dated June 21, 2021. 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.Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program (“MMRP”) which is incorporated by reference as part of these conditions of approval. 6.City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City 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. 7.Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. PLN19-0045, Tentative Parcel Map No. PLN19- Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:155 Page 6 of 10 0047, Conditional Use Permit No. PLN19-0044, Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046. 8.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. 9.Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 10.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. 11.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:156 Page 7 of 10 Section II: Community Development Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:157 Page 8 of 10 General Conditions 12.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. 13.Compliance with Plot Plan No. PLN19-0045. The general site development standards as well as the site design, layout, location, setbacks, parking, landscaping, walls, building elevations, and other features for the car wash shall be in substantial conformance with those approved for Plot Plan No. PLN19-0045. 14.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. 15.Hours of Operation for the Car Wash. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Water and electrical systems shall automatically shut off during non-business hours, except for security and fire protection. The car wash shall not be operated during nighttime hours (10:00 p.m. to 7:00 a.m.). 16.Attendant. The applicant shall ensure that regular monitoring of the facility is provided by an attendant during business hours to control noise, litter and other nuisances. The facility shall be kept clear of debris at all times. 17.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 18.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:158 Page 9 of 10 Prior to Final Occupancy 19.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 in compliance with the City of Menifee Policy Department’s requirements prior to final occupancy. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:159 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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:160 RESOLUTION NO. PC21- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. PLN20-0359 FOR ALCOHOL SALES FOR OFF-PREMISES CONSUMPTION AND PUBLIC CONVENIENCE AND NECESSITY FINDINGS FOR BUILDING NO. 1 (GROCERY STORE) LOCATED ON THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft. drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft. restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft. daycare and (7) a 40,000 sq. ft. gym/fitness center and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN19-0044 to allow for the car-wash; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing 11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size from 0.30 acres to 3.47 acres; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Master Sign Program No. PLN19-0046 for the development; and, WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off- premises consumption and Public Convenience and Necessity findings for the grocery store; and, WHEREAS, on July 14, 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. PLN20-0359, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: Consistency with the General Plan. The proposed design and location of the Conditional Use Permit is consistent with the adopted General Plan and any applicable specific plan: Consistency with General Plan Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:161 Page 2 of 6 Conditional Use Permit No. PLN19-0359 July 14, 2021 The Project site is designated Specific Plan No. 140 (Newport Estates) per the City of Menifee’s General Plan and the Planning Area 7 (Commercial), in which the project is located, is intended as a neighborhood shopping center. Due to the location of the site along Newport Road, the project will also serve a more regional population. The provision of commercial uses is important not only for convenience, but also to satisfy commercial needs of the future population of the region. The Project, which includes the sale of alcoholic beverages for off- premises consumption within Building No. 1 (grocery store) of the commercial development, is consistent with the Specific Plan land use designation, because the project will provide commercial uses as envisioned in the Specific Plan. The Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities as Newport Road is a commercial corridor within the central portion of the City with easy access to Interstate 215. In addition, the Project is consistent with the following City of Menifee General Plan policies: Project Design CD-3.9  Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. The Project is required to include a security system throughout the site and the site has been designed to limit concealed areas to allow for greater visibility and security. Policies ED-2.1  Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents and attract residents from outside the City to shop in Menifee. o Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. o Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. The Project would provide additional retail options and greater convenience to residential and commercial uses in the Project vicinity. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:162 Page 3 of 6 Conditional Use Permit No. PLN19-0359 July 14, 2021 The Project locates these retail businesses along a major east/west commercial corridor (Newport Road). Surrounding General Plan designations include SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention) to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the north, Economic Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to the west. The Project is compatible with the surrounding uses. Section 2:Consistency with the Zoning Code. The proposed design and location of the conditional uses meet all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. The Project site is zoned Specific Plan No. 140 (Newport Estates), Planning Area 7 (Commercial). Surrounding zoning classifications include SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention) to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the north, Economic Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to the west. Properties to the south of the subject site contain existing single-family homes and a park and detention basin while properties to the west of the site contain existing single-family homes. The project includes a block wall and enhanced landscaping along the southern property line and the western property line in an effort to buffer the commercial uses from the existing homes. Therefore, the surrounding zoning classification are compatible with the alcohol sales proposed for the grocery store. The proposed project is consistent with Menifee Municipal Code Title 9. Title 9 requires approval of a Conditional Use Permit for any use proposing to sell alcohol in a grocery store, drug store, specialty market or discount/department store less than 20,000 square feet and notification of property owners within 1,000 feet. The project has been noticed to property owners within 1,000 feet of the project site. The proposed grocery store is not within 600 feet of a park, religious or educational institution. To make findings for approval of alcohol sales at a site, it must be determined that the facility selling alcohol is not situated in a manner that vehicle traffic from the facility may reasonably be believed to be a potential hazard to a school, church, public park or playground. The proposed grocery store is not located within 600 feet of the nearest public entrance of any public or private school, church (or similar facility for the sole purpose of the exercise of religion) or public or private park or playground. Therefore, the project is not situated in a manner that vehicle traffic from the facility may reasonably be believed to be a potential hazard to a school, church, public park or playground. Section 3:Public Convenience or Necessity Findings. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:163 Page 4 of 6 Conditional Use Permit No. PLN19-0359 July 14, 2021 a. The proposed use is consistent with the General Plan and Development Code. b. The proposed use is compatible with the nature, condition and character of adjacent land uses. c. The proposed use would not have an adverse effect on adjacent land uses. d. The proposed use would not result in an excessive number of similar establishments in close proximity. 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. 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. Notices were provided to property owners, school districts and entities operating parks within 1,000 feet of the subject site, g. The California Alcoholic Beverage Control (ABC) Act requires the local jurisdiction to make a finding of Public Convenience or Necessity prior to the ABC granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses or if the granting of the retail liquor license would cause a census tract to have an undue concentration. h. The California Department of Alcoholic Beverage Control (ABC) determined that for this Census Tract No. 427.42, there is currently an undue concentration of off-site (Type 21) licenses. Per ABC, two (2) off sale licenses are allowed within the census tract; however, a total of seven (7) Type 21 licenses have been permitted (and all licenses are currently active with one license in a “surrender” status). i. There are no churches (or similar facility for the sole purpose of the exercise of religion) located within 1,000 feet of the subject site. j. Building No. 1 (grocery store) is requesting a Type 21 off sale general license. The Type 21 license allows for the sale of beer and wine and distilled spirits exclusively for off-site consumption only. k. No beer, wine, or other alcoholic beverage advertisements shall be located in such a manner so as to be viewed from outside of the mini- market use. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:164 Page 5 of 6 Conditional Use Permit No. PLN19-0359 July 14, 2021 l. The grocery store is primarily engaged sale of groceries and general merchandise and the sale of alcohol is ancillary. Residents picking up general merchandise and groceries would be able to purchase alcohol at the same time as purchasing these other items. Therefore, the project provides the public convenience for the residents of the surrounding community. m. Therefore, the Planning Commission finds that the Public Convenience or Necessity would be served by the issuance of an additional retail liquor license for the project. Section 4: Surrounding Uses. That the proposed site is adequate in size and shape to accommodate the conditional uses in a manner that is compatible with existing and planned uses in the vicinity and 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 at the southwest corner of Newport Road and Evans Road. Properties to the north across Newport Road include single-family residential and office/community center uses, vacant land can be found to the east, single-family residential to the west and single- family residential and park/detention bason uses to the south. 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 previously noted above, the Project includes uses that are compatible and serve surrounding 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, Engineering and Public Works, Riverside County Fire, and Riverside County Environmental Health. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Environmental impacts resulting from the project have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that impacts would all be less than significant, and impacts related to biological resources and noise would be less than significant with the incorporation of the required mitigation measures. Therefore, the project would not create conditions materially detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. Section 5: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:165 Page 6 of 6 Conditional Use Permit No. PLN19-0359 July 14, 2021 An IS/MND has been completed for the project and adopted by the Planning Commission pursuant to Resolution PC 21-____. The Plot Plan at issue is consistent with the MND, which the Planning Commission has considered as part of its proceedings. No new environmental impacts have been identified and no further environmental review is required for this project. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the project. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee makes the following findings: 1. That the Findings set out above are true and correct. 2. That the facts presented within the public record and within this resolution provide a basis to approve Conditional Use Permit No. PLN20-0359 subject to the Conditions of Approval set forth in Exhibit “1” of this Resolution. PASSED, APPROVED AND ADOPTED this the 14TH day of July, 2021 _________________________ Benjamin Diederich, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:166 Page 1 of 10 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Conditional Use Permit No. PLN20-0359 (“Newport Pointe Commercial Alcohol Sales and Public Convenience and Necessity Findings”) Project Description: Conditional Use Permit No. PLN20-0359 (“Newport Pointe Commercial Alcohol Sales and Public Convenience and Necessity Findings”) is for the sale of alcoholic beverages for off-premise consumption and Public Convenience and Necessity findings at the proposed grocery store (Building No. 1) located at the southwest corner of the intersection of Newport Road and Evans Road within the City of Menifee. Assessor's Parcel No.:APN 360-020-051 Approval Date:July 14, 2021 Expiration Date:July 14, 2024 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:167 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 Determination (ND/MND). 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 Two Thousand Five Hundred and Thirty Dollars and Twenty-Five Cents ($2,530.25) which includes the Two Thousand Four Hundred and Eighty Dollars and Twenty-Five Cent ($2,480.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:168 Page 3 of 10 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:169 Page 4 of 10 Section I: Conditions Applicable to All Departments Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:170 Page 5 of 10 General Conditions 1.Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. PLN19-0045 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. PLN19-0045, dated June 21, 2021. APPROVED EXHIBIT B = Floor Plans and Elevations for Plot Plan No. PLN19-0045, dated June 21, 2021. 2.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. 3.Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program (“MMRP”) which incorporated by reference as part of these conditions of approval. 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 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. 5.Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. PLN19-0045, Tentative Parcel Map No. PLN19- 0047, Conditional Use Permit Nos. PLN19-0044 and PLN20-0359 and Sign Program No. PLN19-0046. 6.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. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:171 Page 6 of 10 7.Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 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 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. 9.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:172 Page 7 of 10 Section II: Community Development Department Conditions of Approval Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:173 Page 8 of 10 General Conditions 9.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. 10.Compliance with Plot Plan No. PLN19-0045. The general site development standards as well as the site design, layout, location, setbacks, landscaping, walls, and other features for the grocery store shall be substantial conformance with those approved for Plot Plan No. PLN19-0045. 11.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. 12.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. 13.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. 14.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. 15.Alcohol Sales Not Primary Sales Item. The sale of alcoholic beverages shall not be the primary sale item in the market. 16.Hours of Operation. The hours of operation for the grocery store shall be 7am to 10pm seven (7) days per week. 17.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. 18.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. 19.No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:174 Page 9 of 10 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. 20.Liquor Store Not Approved. The CUP is not for the approval of a liquor store. 21.Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or restaurant. 22.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 Building Permit Issuance 23.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 24.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 in compliance with the City of Menifee Police Department’s requirements prior to final occupancy. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:175 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 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:176 44 1 EVSTATIONVANACCESSIBLE EVSTATIONSTANDARDACCESSIBLE EVSTATIONVANACCESSIBLE PARCEL 1132,520 S.F.3.04 ACRES PARCEL 241,581 S.F.0.95 ACRES PARCEL 319,518 S.F.0.45 ACRES PARCEL 431,713 S.F.0.73 ACRES PARCEL 6151,159 S.F.3.47 ACRES PARCEL 553,303 S.F.1.22 ACRES NEWPORT ROAD N 89°53'38" E 1235.77' N 0 0 ° 1 4 ' 3 0 " E 3 5 0 . 0 0 ' N 89°53'38" E 1279.36' EV A N S R O A D ℄ N 0 ° 0 6 ' 2 2 " W 2 1 2 . 4 3 ' N 0 ° 0 ' 2 " W 1 0 6 . 0 5 ' N 89°53'38" E 195.74' N 89°53'37" E 73.28' N 81°00'45" E 49.43' N 89°53'38" E 390.80' N 89°53'38" E 388.74' N 89°53'38" E 438.11' N 89°53'38" E 195.74' N 0 ° 1 4 ' 3 0 " E 3 4 0 . 0 0 ' N 89°53'38" E 94.11' N 90°0'0" E 45.82' N 89°53'38" E 385.13' N 89° 53'38" E 406.86' N 0 ° 1 5 ' 3 5 " E 2 0 4 . 8 9 ' N 90°0'0" E 162.29' N 89°53'38" E 190.49' N 90°0'0" E 116.47' N 0 ° 0 6 ' 2 2 " W 3 4 0 ' N 0 ° 0 6 ' 2 2 " W 1 2 7 . 5 6 ' N 0 ° 0 6 ' 2 2 " W 2 1 2 . 4 3 ' N 0 ° 0 6 ' 2 2 " W 1 3 4 . 9 0 ' N 0 ° 0 6 ' 2 1 " W 9 9 . 0 5 ' N 0 ° 0 6 ' 2 2 " W 2 3 3 . 9 5 ' N 44°55'05" W 35.46' B7EOS FITNESSFF=1427.00 B1GROCERYFF=1429.00 B4FOOD/RETAILFF=1426.50 B6DAYCAREFF=1427.00 PLAYGROUNDFF=1427.90 B2 CA R W A S H FF = 1 4 2 5 . 8 B5FOOD/RETAILFF=1426.50 B3 DR I V E T H R U FF = 1 4 2 5 . 6 0 B B A A 12 0 10 11 0 10 ' C E N T E R I S L A N D 12 12 9 11 11 12 6 12 S 0°15'19" W 44.72' L=49.3R=1044'Δ=2.71 L=210.09'R=956'Δ=12.59 N 12°50'48" E 50.00' SA N T A R O S A L I A D R . SAN QUINTIN AVE. PARCEL A13,106 S.F.0.30 ACRES KI L L I N G T O N DR . CL DEV2019-053 CITY OF MENIFEEDOST ENGINEERING PLANNING, DESIGN & CONSTRUCTION SUPPORT TENTATIVE PARCEL MAP 37071 NEWPORT POINTE 1 2 TENTATIVE PARCEL MAP 37071 N Feet 0 50 100 NEWPORT POINTE CL 5-12-2021 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:177 44 12 0 10 11 0 10 ' C E N T E R I S L A N D 12 12 9 11 11 12 6 12 EVSTATIONVANACCESSIBLE EVSTATIONSTANDARDACCESSIBLE EVSTATIONVANACCESSIBLE NEWPORT ROAD N 89°53'38" E 1235.77' N 0 0 ° 1 2 ' 3 0 " E 3 5 0 . 0 0 ' EV A N S R O A D ℄ N 89°53'38" E 1279.36' B7EOS FITNESS FF=1427.00 B1GROCERYFF=1429.00 B4FOOD/RETAILFF=1426.50 B6DAYCAREFF=1427.00 PLAYGROUND B2 CA R W A S H FF = 1 4 2 5 . 8 B C D D B B5FOOD/RETAILFF=1426.50 C A A B3 DR I V E T H R U FF = 1 4 2 5 . 6 0 1 1 2 S 0°15'19" W 44.72' L=49.3R=1044'Δ=2.71 L=210.09'R=956' Δ=12.59 N 12°50'48" E 50.00' NEWPORT POINTE CITY OF MENIFEEDOST ENGINEERING PLANNING, DESIGN & CONSTRUCTION SUPPORT PLOT PLAN NEWPORT POINTE 1 2 PLOT PLAN N Feet 0 40 80 DEV2019-0535-12-2021 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:178 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA05.12.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 (Grocery) BUILDING 2 BUILDING 1 ± 40,000 S.F. ± 4,010 S.F. ±84,211 S.F.TOTAL BLDG. AREA 200 STALLS 6 STALLS 415 STALLS @1/200 S.F. BUILDING ± 18,041 S.F. BUILDING 7 PARKING RATIO BUILDING 6 9 STALLS 54 STALLS@3/1,000 S.F. ± 9,990 S.F.(DayCare) @1/Employee (Fitness) (Carwash)(Approx. 6 employees) (Approx. 18 employees & 160 Children)@1/2 Employees @1/5 Children 32 STALLS BUILDING 3 ± 1,800 S.F.(Restaurant )14 STALLS@1/2 Employees (Approx. 10 employees/2)5 STALLS@8/1,000 S.F. = = == = = 5.70/ 1,000 S.F.PARKING RATIO PROVIDED: 480 STALLSTOTAL PARKING PROVIDED: 460 STALLSSTANDARD:20 STALLSDISABLED: PARKING PROVIDED: 0.195TOTAL F.A.R. 415 STALLSTOTAL PARKING REQUIRED: PARKING SUMMARY = ±84,211 SF/ ±430,106 SF 19.5%TOTAL BUILDING COVERAGE: PARKING REQUIREDBUILDING AREA EVSC VAN ACCESSIBLE =1 STALLEVSC STD. ACCESSIBLE =1 STALL CLEAN AIR VEHICLE CALCULATIONS: COMMERCIAL USE : TOTAL NUMBER OF EVCS PROVIDED: 40 STALLS TOTAL REQUIRED NO. OF CLEAN AIR VEHICLES :8% OF TOTAL NUMBER OFCOMMERCIAL PARKING: 480 STALLS x .08 = 39 STALLS (BASED ON CALGREEN, TABLE 5.106.5.2/5.106.5.3.3) REQUIRED NO. CHARGING/EV SPACES: 6% OF TOTAL NUMBER OF PARKING 480 STALLS X 0.06= 29 STALLS TOTAL NUMBER OF EVCS REQUIRED: 39 STALLS BICYCLE SPACES CALCULATIONS: SHORT TERM BICYCLE PARKING REQUIRED: 5% OF THE TOTAL VISITORPARKING SPACES (CAL GREEN REQUIREMENTS, SEC. 5.106.4.1) VISITOR/CUSTOMER PARKING : ( 70% OF TOTAL PARKING) = 338 x 0.05 TOTAL SHORT TERM BIKE SPACES REQUIRED: = 17 BIKE SPACESTOTAL SHORT TERM BIKE SPACES PROVIDED: = 20 BIKE SPACES LONG TERM BICYCLE PARKING REQUIRED: 5% OF TENANT OCCUPIEDPARKING SPACES (CAL GREEN REQUIREMENTS, SEC. 5.106.4.2) EMPLOYEE PARKING : ( 30% OF TOTAL PARKING) =145 x 0.05 TOTAL LONG TERM BIKE SPACES REQUIRED: = 7 BIKE STORAGE TOTAL LONG TERM BIKE SPACES PROVIDED: = 8 BIKE STORAGE SHORT TERM BICYCLE STORAGE/RACKS: LONG TERM BICYCLE STORAGE/RACKS: BUILDING 4 BUILDING 5(Approx. 14 employees/2) (Approx. 14 employees/2) (Restaurant ) (Restaurant ) @8/1,000 S.F. @1/2 Employees @8/1,000 S.F. @1/2 Employees ± 7,360 S.F. ± 3,010 S.F. ==== 7 STALLS59 STALLS 5 STALLS24 STALLS TOTAL BICYCLE SPACES CALCULATIONS PER TABLE 9.215.040-5 OF CITY OF MENIFEEZONING CODE: TOTAL BICYCLE SPACES REQUIRED = 20 BIKESTOTAL BICYCLE SPACES PROVIDED= 28 BIKES NOTE : USE CALGREEN CALCULATIONS THAT REQUIRE MORE BIKE STORAGE/SPACES TOTAL LOADING AREA REQUIRED: 2TOTAL LOADING PROVIDED: 2 TOTAL SITE AREA: TOTAL SQUARE FOOTAGE &PERCENT OF LANDSCAPING REQUIRED: TOTAL SQUARE FOOTAGE &PERCENT OF LANDSCAPING PROPOSED: TOTAL PARKING LOT AREA: TOTAL PARKING LOT LANDSCAPE RQD: TOTAL PARKING LOT LANDSCAPE AREA: TOTAL PARKING LOT SHADED: LANDSCAPE SUMMARY: ±430,106 SF ± 75,533 SF± 17.6 % ± 43,011 SF± 10% ± 77,922 SF/480 SPACES ±7,793 SF ( 10%) ±41,093 SF ( 52.5%) ±39,750 SF ( 51%) PROPOSED SITE PLAN SCALE: 1" = 40'-0" 1 inch = feet GRAPHIC SCALE0 40' 40'80'40'120'20' 14 27 11 20 24 15 7 20 10 12 22 10 15 9 EVSTATIONVANACCESSIBLE EVSTATIONSTANDARDACCESSIBLE 6 EVSTATIONVANACCESSIBLE 5 5 33 39 38 22 4 12 STOP 8 10 10 7 10 9 2 1514 6 2 6 5' SIGNALIZEDINTERSECTION EXISTING WATER RETENTION AREAADJACENT SP ZONE AD J A C E N T R T Z O N E N 89° 53' 38" E 1279.36' N 89° 53' 38" E 1235.77' NEW SIDEWALK NEW SIDEWALKNEW SIDEWALK BIO-RETENTION BASIN,TYP. LANDSCAPE SETBACK LANDSCAPE SETBACK LANDSCAPE SETBACK PROPERTY LINE N E W P O R T R O A D R O A D E V A N S 01 ±39' N 0 0 ° 1 4 ' 3 0 " E 3 5 0 . 0 0 ' (N ) 8 ' H I G H B L O C K W A L L (E) 6' HIGH BLOCK WALL ALONG RESIDENTIAL EXISTING PROPERTY LINE PROPOSED PROPERTY LINE 11 0 ' 122' 14 4 ' 12 6 ' 60' 74 ' 135' 47 ' 60'167' 240 ' 480 STALLS 15 ' 16 ' 11 ' 16' 12' 18 ' 26 ' 24 ' 18' 18 ' 24' 18' 18 ' 24' 18 ' 18' 26' 18 ' 10 ' 18'±9'24'28'18'15' 20 '15 ' 18 ' 26 ' 18' 10 ' 24'18' 12 ' 18' 30 ' 18 ' 12 ' 10 ' 32' 23' ±4 0 ' 20'±12'30'28' 18' 24 ' 18 ' 18 ' 24' 16 ' 10' 16 ' 24' 18 ' 18' 24 ' 18 ' 18 ' 28' 18 ' 12 ' 12' 18 ' 26' 18' 18' 30 ' 18' 26' 30'±15' 18'±10' ±9 2 ' 104 ' 30'18' ±42 ' 15' ±28' 35' 18'24' ±26'18'16' 20 ' 18 ' 18' 9' 30' 50' M I N . B L D G . SE T B A C K 10' 03 01 03 01 03 01 03 01 03 01 03 01 03 50' MIN. BLDG. SETBACK 02 02 10 04 04 04 04 05 05 09 09 08 09 09 18 08 08 08 08 09 10 10 10 11 10 16 16 11 LO A D I N G A R E A 80'X 1 8 ' , O P E N T O S K Y ±18' ±80 ' 12 15 15 14 15 (N ) 8 ' H I G H B L O C K W A L L A L O N G R E S I D E N T I A L 01 03 06 10 13 13 14 01 03 ±12' 15 06 ±7 4 ' ±180' DROP OFFAREA PROPOSEDBUILDING 1± 18,041 S.F. PLAYGROUND± 13,250 S.F. PR O P O S E D BU I L D I N G 2 ±4 , 0 1 0 S . F . PR O P O S E D BU I L D I N G 3 ±1, 8 0 0 S . F . PROPOSEDBUILDING 4± 7,360 S.F. PROPOSEDBUILDING 5± 3,010 S.F. PROPOSEDBUILDING 6± 9,990 S.F. PROPOSEDBUILDING 7 ± 40,000 S.F. 11 1 2 3 4 5 6 7 30' 24' 11'TYP.9'TYP. 18 ' 11 ' 20'4'-6"6'41' 02 04 04 01 03 07 12TYP.TYP. TYP. TYP.07 OUTDOOREXERCISE±1,700 SF 17TYP. 16' 15' 11 OUTDOOR SEATING± 450 SF 60' SETBACK LINE 09 09 KNOX BOX FOR FIRE ACCESS OUTDOORSEATING± 500 SF 05 2' O V E R H A N G 05 05 (N) 8' HIGH BLOCK WALL LAN D S C A P E S C R E E N I N G 8' HI G H C O N C R E T E B L O C K S C R E E N W A L L (NO ALCOHOL SALES WITHOUT THEAPPROVAL OF A CONDITIONAL USE PERMIT ) ±3 7 ' ±33' 19 18 18 18 18 18 18 18 18 32 ' 9'TYP. 18 19 18 18 ±5'1'6" 11'TYP.1'5'TYP. 02 08 2' O V E R H A N G TYP. TYP. 9'TYP 15 '25 ' 4' HIGH PICKET FENCE W/UNLOCKED GATES ±32' 18' 12 ' KNOX BOX FOR FIRE ACCESS 05 2' O V E R H A N G 10' 19TYP. TYP. TYP. 18TYP. 19 18 ±1 5 0 ' ±150'6' 40 ' ±1 5 0 ' ±150' ±1 5 0 ' 19 (REFER TO CIVIL PLAN FOR DETAILS) 20' 15 ' 10 ' EXISTING PROPERTY LINE PROPOSED PROPERTY LINE 10' 18 ' 16 ' 06 A5021 PROPOSED PROPERTY LINE EXISTING PROPERTY LINE BALESTORAGE 19 17' 20 KNOX BOX FOR FIRE ACCESS PEDESTRIAN FIRE DEPARTMENT ACCESSPATH & SHALL NOT BE OBSTRUCTED ATANY TIME ±141'WALKWAY LENGTH ±74 ' PEDESTRIAN FIRE DEPARTMENT ACCESSPATH & SHALL NOT BE OBSTRUCTED ATANY TIME 5' CL E A R 5'CLEAR 7'-6 "7' 2' O V E R H A N G 16' 16'12' 2' OVERHANG A0131 2' OVERHANG 2' OVERHANG 18 20' T Y P . 53 ' 16'8' 2' OVERHANG 24'18'6'40'-6"18'4'-9" 8 39'-5" 9' 4' 4' 12' 26'±8' 3'-6 " 9'- 6 " 3'-6 " 13 ' TY P . 13' 5' 11' ±45' DISPERSAL AREA FIR E A C C E S S FIRE A C C E S S ±442,900 SFEXISTING SITE AREA ±10.17 AC SITE DATA ZONING SP " SPECIFIC PLAN(NEWPORT ESTATESSPECIFIC PLAN No. 140) JURISDICTION COUNTY OF RIVERSIDE, CA APN #360-020-051 ZONING LEGEND: 01 02 ACCESSIBLE CURB RAMP, REFER TO CIVILDRAWINGS.PROPOSED TRANSFORMER LOCATION,PROVIDE BOLLARDS AS REQUIRED BY POWER COMPANY. REFER TO CIVIL DWGS. TRUNCATED DOMES.TRASH ENCLOSURE.BOLLARDSMONUMENT SIGN W/ WATER FEATURE( SEE DETAILS ON SHEET A013 & MSP)MENU BOARDCONCRETE PAVING 03 04 05 06 07 08 KEYNOTES PAVERSBIKE RACK - PER CITY STANDARDBIKE LOCKERCLEAN AIR STALLSELECTRIC SWITCHGEAREV STATION (ACCESSIBLE)EV STATION (STANDARD) CART CORRAL WOOD TRELLISCONCRETE CURBWHEELSTOPWATER FOUNTAIN 09 LOCATION MAP NORTH SWC OF NEWPORT ROAD & EVANS ROADMENIFEE, CALIFORNIA ±430,106 SFPROPOSED SITE AREA ±9.87AC PORTION OF THE BUILDING IN THE SETBACK AREA 60' SETBACK AREA ± 11,080 SFPERCENTAGE : 13.10% 10 11 12 13 14 15 16 17± 11,080 SF/ ± 84,211 SF 18PATH OF TRAVEL 19FIRE ACCESS 20 Salim Development Group, LLC 4740 Green River Road, Suite 304 Corona, California 92880 03.15.2021 19109MMA PROPOSED SITE PLAN A010S.W.C of Newport Road & Evans Road Menifee, California NEWPORT POINTE BASED ON SP-26 A010 OVERALL SITE PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:179 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A010.1 ENLARGED SITE PLAN BENCHMODEL: RB-28, COLOR: BLACK BY: VICTOR STANLEY BIKE RACKSMODEL: BRBS-103, COLOR: BLACKBY: VICTOR STANLEY PATIO UMBRELLA (FOR OUTDOOR PATIO SHADING)COLORS: TUSCAN ORANGE & JOCKEY RED TRASH ENCLOSURECOLOR: BLACK BY: VICTOR STANLEY DECORATIVE POT PLANTER COLOR: LATTESIZE: 23”/27” DIA, 24”/30” HIGH ROUND WATER FOUNTAINSIZE: SEE SITE PLAN FOR SIZE OUTDOOR SEATING Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:180 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA05.12.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 14 27 11 20 24 15 7 174 STALLS 20 10 12 22 10 15 167' 9 122' 14 4 ' 24 0 ' EVSTATIONVANACCESSIBLE EVSTATIONSTANDARDACCESSIBLE 6 EVSTATIONVANACCESSIBLE 74 ' 5 85 STALLS 5 33 39 38 22 4 12 47 ' 60' 221 STALLS STOP 8 135' 10 10 7 109 2 1514 53 ' 39'-5" 12 6 ' 6 2 60' 6 5' ±39'-6" ±1 1 0 ' SIGNALIZEDINTERSECTION N 89° 53' 38" E 1279.36' N 89° 53' 38" E 1235.77' LO A D I N G D O C K PROPERTY LINE PLAZA N 0 0 ° 1 4 ' 3 0 " E 3 5 0 . 0 0 ' (N ) 8 ' H I G H B L O C K W A L L A L O N G R E S I D E N T I A L N E W P O R T R O A D R O A D E V A N S PROPOSEDBUILDING 1 ± 18,041 S.F. PLAYGROUND± 13,250 S.F. PRO P O S E D BU I L D I N G 2 ±4, 0 1 0 S . F . PRO P O S E D BU I L D I N G 3 ±1, 8 0 0 S . F . PROPOSEDBUILDING 4± 7,360 S.F. PROPOSEDBUILDING 5± 3,010 S.F. PROPOSEDBUILDING 6± 9,990 S.F. PROPOSEDBUILDING 7 ± 40,000 S.F. (E) 8' HIGH BLOCK WALL ALONG RESIDENTIAL (N) 8' HIGH BLOCK WALL (REFER TO CIVIL PLAN FOR DETAILS) ±442,900 SFEXISTING SITE AREA ±10.17 AC SITE DATA ZONING SP " SPECIFIC PLAN(NEWPORT ESTATESSPECIFIC PLAN No. 140) JURISDICTION COUNTY OF RIVERSIDE, CA APN #360-020-051 ZONING LOCATION MAP NORTH SWC OF NEWPORT ROAD & EVANS ROADMENIFEE, CALIFORNIA ±430,110 SFPROPOSED SITE AREA ±9.87AC TRUCK CIRCULATION SCALE: 1" = 40'-0" 1 inch = feet GRAPHIC SCALE0 40' 40'80'40'120'20' 05.12.2021 19109MMA TRUCK STUDY TR-EXH A S.W.C of Newport Road & Evans Road Menifee, California TRUCK PATH ( BUILDING 1)( WB - 67) A011.1 TRUCK STUDY A Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:181 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA05.12.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 TRUCK CIRCULATION SCALE: 1" = 40'-0" 1 inch = feet GRAPHIC SCALE0 40' 40'80'40'120'20' ±442,900 SFEXISTING SITE AREA ±10.17 AC SITE DATA ZONING SP " SPECIFIC PLAN(NEWPORT ESTATESSPECIFIC PLAN No. 140) JURISDICTION COUNTY OF RIVERSIDE, CA APN #360-020-051 ZONING LOCATION MAP NORTH SWC OF NEWPORT ROAD & EVANS ROADMENIFEE, CALIFORNIA ±430,110 SFPROPOSED SITE AREA ±9.87AC 14 27 11 20 24 15 7 174 STALLS 20 10 12 22 10 15 167' 9 122' 14 4 ' 24 0 ' EVSTATIONVANACCESSIBLE EVSTATIONSTANDARDACCESSIBLE 6 EVSTATIONVANACCESSIBLE 74 ' 5 85 STALLS 5 33 39 38 22 4 12 47 ' 60' 221 STALLS STOP 8 135' 10 10 7 109 2 1514 53 ' 39'-5" 12 6 ' 6 2 60' 6 5' ±39'-6" ±1 1 0 ' PROPOSEDBUILDING 4± 7,360 S.F. SIGNALIZEDINTERSECTION N 89° 53' 38" E 1279.36' N 89° 53' 38" E 1235.77' LO A D I N G D O C K PLAZA N 0 0 ° 1 4 ' 3 0 " E 3 5 0 . 0 0 ' (N ) 8 ' H I G H B L O C K W A L L A L O N G R E S I D E N T I A L N E W P O R T R O A D R O A D E V A N S PROPOSEDBUILDING 1± 18,041 S.F. PLAYGROUND ± 13,250 S.F. PR O P O S E D BU I L D I N G 2 ±4, 0 1 0 S . F . PROPOSEDBUILDING 5± 3,010 S.F. PROPOSEDBUILDING 6± 9,990 S.F. PROPOSEDBUILDING 7± 40,000 S.F. (E) 8' HIGH BLOCK WALL ALONG RESIDENTIAL (N) 8' HIGH BLOCK WALL (REFER TO CIVIL PLAN FOR DETAILS) PRO P O S E D BU I L D I N G 3 ±1, 8 0 0 S . F . 05.12.2021 19109MMA TRUCK STUDY TR-EXH B S.W.C of Newport Road & Evans RoadMenifee, California TRUCK PATH ( BUILDING 1)( WB - 67) A011.2 TRUCK STUDY B Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:182 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A501 TRASH ENCLOSURE Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:183 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A502 DETAILS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:184 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 PR O P E R T Y L I N E LINE OF SIG H T DISTANCE = 8 0 ' - 0 " BUILDING 1PARKINGDRIVEWAY 1425.50 5'- 6 " 1427.10 ONE-STORYRESIDENTIAL T.O.ROOF30'-0" 8' HIGH BLOCK WALL T.O.ROOF30' - 0"LINE OF SIGHT 5'- 6 " DISTANCE = ±1 2 5 ' - 0 " BUILDING 1 1427.10 14301427.50 ONE-STORY RESIDENTIAL PR O P E R T Y L I N E 8' HIGH BLOCK WALL 15 ' - 6 " 1426.00 1426.00 BUILDING 5 TWO-STORYRESIDENTIAL LINE OF SIGHTDISTANCE = 240' - 0" T.O.ROOF24' - 0" DRIVEWAY PARKINGBUILDING 4 PR O P E R T Y L I N E 8' HIGH BLOCK WALL MAIN48"M30"M30"M30"WIREWAY24" M30"M30" 14 27 11 20 24 15 7 174 STALLS 20 10 12 22 10 15 9EVSTATIONVANACCESSIBLEEVSTATIONSTANDARDACCESSIBLE 6 EVSTATIONVANACCESSIBLE5 85 STALLS 5 33 39 38 22 4 12 221 STALLS STOP 8 10 10 7 109 2 1514 6 2 6 5' A BUILDING1 BU I L D I N G 2 BUILDING3 BUILDING4 BUILDING5 BUILDING7 BUILDING6 B C D N E W P O R T R O A D E V A N S R O A D TOP OF PARAPET27'-0' 1430.141427.90 PR O P E R T Y L I N E 14311427 15 ' - 6 " LINE OF SIGHTDISTANCE =255' - 0"TWO-STORY RESIDENTIAL BUILDING 5PARKINGDRIVE-THRU 8' HIGH BLOCK WALL BUILDING 2 LINE OF SIGHT A601 02.02.2021 19109FMAS.W.C of Newport Road & Evans RoadMenifee, California LINE OF SIGHT SECTION THRU A SCALE: 1/16" = 1'-0"1 LINE OF SIGHT SECTION THRU B SCALE: 1/16" = 1'-0"2 LINE OF SIGHT SECTION THRU C SCALE: 1/16" = 1'-0"3 LINE OF SIGHT SECTION THRU D SCALE: 1/16" = 1'-0"4 K E Y P L A N SCALE: N.T.S. A601 LINE OF SIGHT EXHIBIT Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:185 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A101 BUILDING-1 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:186 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A B C D A B C D 1 5 2 3 4 1 5 2 3 4 122'-0" 59'-0"26'-6"15'-0" 30 ' - 0 " 25 ' - 4 " 2A201.2 1 A201.2 2 A201.1 1 A201.1 EXIT 24'-6" 90 ' - 2 " METAL CANOPYTYP. ±140'-0" 44 ' - 0 " 46 ' - 0 " 25 ' - 0 " 31 ' - 0 " 30'-0" 10'-0" 26'-0" 28'-0"26'-0"26'-0" 28'-0" 26'-0" 28'-0" 28'-0" 26'-0"26'-0" 26'-0" LOADING DOCK METAL CANOPYTYP. ROOFDRAIN ROOFDRAIN CR I C K E T A S N E E D E D RI D G E L I N E HVAC UNIT, TYP. HVAC UNIT, TYP. 1/4" SLOPE1/4" SLOPE CURBED MOUNTEDSKYLIGHTS, TYP. CURBED MOUNTEDSKYLIGHTS, TYP. ROOFDRAIN ROOFDRAIN NOTE: ROOFTOP EQUIPMENT WILL BE SCREENED BY PARAPET. PARAPETS AT RAISED ROOF ELEMENTS HAVE BEENDESIGNED AS FOUR SIDED ELEMENTS. WHERE THE DIFFERENCE IN WALL HEIGHT VARIES 2'-6” OR LESSPARAPET RETURNS ARE PROVIDED IN ORDER TO BLOCK SIGHT LINES/ VISIBILITY TO THE SIDES OF REAR FACE OF THE PARAPETS. 12.09.2020 19109FMA PROPOSED ROOF PLAN A131 PRELIMINARY DESIGN SUBJECT TO CHANGE R O OF P L A N SCALE: 1/8" = 1'-0"1 NORTH BUILDING-1 S.W.C of Newport Road & Evans RoadMenifee, California A131 BUILDING-1 ROOF PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:187 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 BUILDING-1 2 1 A201.1 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:188 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A201.2 BUILDING-1 2 1 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:189 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A102 BUILDING-2 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:190 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 NOTE: ROOFTOP EQUIPMENT WILL BE SCREENED BY PARAPET.PARAPETS AT RAISED ROOF ELEMENTS HAVE BEEN DESIGNED AS FOUR SIDED ELEMENTS. WHERE THE DIFFERENCE IN WALL HEIGHT VARIES 2'-6” OR LESSPARAPET RETURNS ARE PROVIDED IN ORDER TO BLOCK SIGHT LINES/ VISIBILITY TO THE SIDES OF REAR FACE OF THE PARAPETS. 2A202.1 4A202.1 3 A202.1 1 A202.1 2A202.2 1 A202.2 A B C D 1 2 1 2 3 4 1/4 " S L O P E 1/4 " S L O P E 1/4 " S L O P E 1/4 " S L O P E 1/4 " S L O P E HVAC UNIT,TYP.HVAC UNIT,TYP.HVAC UNIT,TYP.HVAC UNIT,TYP. METAL CANOPY, TYPICAL METAL CANOPY, TYPICAL 27'-0" 20'-6"27'-0"13'-0" 20'-6" 32'-0" 14'-0" 20'-6" METAL CANOPY, TYPICAL METALCANOPY, TYP. METALCANOPY, TYP. METALCANOPY, TYP. METALCANOPY, TYP. 42 ' - 6 " 15 ' - 0 " 15 ' - 0 " 87 ' - 6 " 20 ' - 0 " 130'-0" 20 ' - 0 " 130'-0" 110'-0" 33'-6"40'-6"36'-0" 20'-6" ROOF DRAIN,TYP. ROOF DRAIN,TYP. ROOF DRAIN,TYP. 5 15 ' - 0 " 03.15.2021 19109FMA PROPOSED ROOF PLAN A132 PRELIMINARY DESIGN SUBJECT TO CHANGE R O O F P L A N SCALE: 1/8" = 1'-0"1 NORTH BUILDING-2 S.W.C of Newport Road & Evans RoadMenifee, California BUILDING-2 A132 ROOF PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:191 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A202.1 ELEVATIONS BUILDING-2 4 2 31 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:192 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A202.2 ELEVATIONSELEVATIONS 1 2 BUILDING-2 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:193 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A103 BUILDING-3 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:194 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A203 ELEVATIONS 1 3 42 BUILDING-3 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:195 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A104 BUILDING-4 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:196 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A134 BUILDING-4 ROOF PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:197 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A204 ELEVATIONS BUILDING-4 2 4 13 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:198 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 BUILDING-5 A105 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:199 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A205 BUILDING-5 3 1 24 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:200 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A106 BUILDING-6 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:201 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A136 BUILDING-6 ROOF PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:202 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A206 BUILDING-6 1 4 32 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:203 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A107 BUILDING-7 FLOOR PLAN Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:204 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A137 ROOF PLAN BUILDING-7 4 A206 3 A206 2 A206 1 A206 22 ' - 0 " COVEREDPATIO ROOFAWNING ROOFAWNING HVAC UNIT, TYP. ROOF HATCH ROOFDRAIN 1/4" SLOPE 1/4" SLOPE 1/4" SLOPE 1/4" SLOPE 1/4" SLOPE 1/4" SLOPE HVAC UNIT, TYP. ROOF DRAIN ROOFDRAIN ROOFDRAIN 22'-0" 18'-2"18'-2"19'-8"19'-8" 19'-8" 18'-2" 18'-2" 19'-8" 18'-2" 1 4 3 2 1 4 3 2 74 ' - 0 " 25 ' - 0 " 24 ' - 0 " 25 ' - 0 " 52 ' - 2 " 21 ' - 6 " 135'-0" 22'-0"33'-2"25'-1"33'-2"22'-0" AB C D E F NOTE:ROOFTOP EQUIPMENT WILL BE SCREENED BY PARAPET. 06.30.2020 19109FMA PROPOSED ROOF PLAN A136 PRELIMINARY DESIGN SUBJECT TO CHANGE R O O F P L A N SCALE: 1/8" = 1'-0"1 NORTH BUILDING-5 S.W.C of Newport Road & Evans Road Menifee, California Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:205 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A207.1 ELEVATIONS BUILDING-7 2 1 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:206 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021 KEY PLAN CONCEPTUAL SUBJECT TO CHANGE NOTE: ALL SIGNAGES SHOWN ON THE BUILDING ELEVATIONS ARE FOR REFERENCE ONLY. NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California Salim Development Group, LLC 4740 Green River Road, Suite 304Corona, California 92880 A207.2 BUILDING-7 ELEVATIONS 2 1 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:207 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A401 WALL SECTION BA A B Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:208 PAINT ( ACCENT ONLY)GYPSY RED SW6865 BY: SHERWIN WILLIAMS R PAINT DOWNING STRAW SW2813 BY: SHERWIN WILLIAMS U PAINT ( ACCENT ONLY): 00203FFF SAILOR BLUEV PAINT ( ACCENT ONLY): FDDB27FF vibrant YellowW PAINT LUMINOUS WHITE SW1900 BY: SHERWIN WILLIAMS T METAL TRELLISCOLOR: DE6384 IRON FIXTURE BY: DUNN EDWARDS 8 PAINTANTIQUE WHITE SW6119 BY: SHERWIN WILLIAMS S PAINT BELIEVABLE BUFF SW6120 BY: SHERWIN WILLIAMS P PLASTER FINISH: SMOOTH TROWEL & SAND FINISH1 PAINT: 1475 GRAYSTONE BY:BENJAMIN MOORE D PAINT: MYTHICAL BLUE DEC787BY: DUNN EDWARDS M PAINT: DULL SAGE DE5499BY: DUNN EDWARDS J PAINT: CREAM WAVE DE6198 BY: DUNN EDWARDS GPAINT: CLOUD DEC791 BY: DUNN EDWARDS FPAINT: 1471 SHORELINE BY:BENJAMIN MOORE E PAINT: HC-166 KENDALL CHARCOAL BY:BENJAMIN MOORE CPAINT: GRAY PEARL DEC795 BY: DUNN EDWARDS BPAINT: DE6384 IRON FIXTURE BY: DUNN EDWARDS A STONE PAVERS ( PLAZA/PASEO) FINISH: RIVEN ( NATURAL CLEFT SPLIT) COLOR: DRIFTWOOD, RANDOM ASHLAR PATTERN 7A CONCRETE PAVING W/ SANDBLASTED PANELS FINISH: MEDIUM BROOM, SAW CUT COLOR: NATURAL GRAY 7 FABRIC AWNINGCOLOR: BLACK BY: SUNBRELLA OR EQUAL 12 METAL LOUVER PANELMATERIAL: ALUMINUM13 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.20.20214740 Green River Road, Suite 304Corona, California 92880 DW SJ&P, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California PEDESTRIAN LIGHTS MODEL: LARGE METRO LED POLE LIGHTTOPS: CONE (STRAIGHT ARM) POLE: PA1 SERIES ( BLACK)COLOR: BLACK BY:INTRIGUE LIGHTING 5 WALL SCONCE MODEL: METRO LED WALL MOUNT COLOR: BLACKBY: INTRIGUE LIGHTING 6A WALL SCONCE - SERVICE DOORSMODEL: SOLITAIRE THREE-STRIPE GUARD COLOR: CC- BLACK BY: INTRIGUE LIGHTING 6B N60 W14592 Kaul Avenue P 877 965 0005 Menomonee Falls, WI 53051 intrigueled.com Fixture Type: Model Number: Project Name: content of specification sheet is subject to change. IP 6 5 General: The Solitaire decorative square LED surface bulk head is perfect for areas where good illumination in a decorative package is desired. Designed to replace 100 watt HID lighting systems. The open door frame allows for maximum light output. Typical applications include shopping malls, office buildings, schools, condominiums, and hospitality. Recommended mounting heights: 8’ to 20’. Housing: Die cast aluminum housing with fully gasketed cast aluminum three stripe guard front face frame. Nickel plated stainless steel hardware. Lens: Supplied with polycarbonate opal lens to eliminate LED “hot spots”. Type IV distribution. Mounting: Surface mounted. LED Board: Aluminum board with LED array. Available color temperatures of 4000K and 5000K. Wattage: Array: 17.0 watts System: 19.7 watts Driver: Electronic dimmable driver (525mA); 120-277V; 50/60Hz Options: Battery Backup (-EM) Single Fuse (-SF); Double Fuse (-DF) Surge Protector (-SP) 120v Photocell (-P1); 277v Photocell (-P2) Microwave Sensor w/Dimming (internal) (-S2) Finish: Architectural powdercoat finish over a chromate conversion coating. Available in bronze(-BRZ) or white (-WHT) finishes. For custom color (-CC) options, consult factory. Certifications: CSA listed for wet locations Operating temperature: -40°C to +50°C IP65 | sealed LED compartment SSOOLLIITTAAIIRREE -- TTHHRREEEE SSTTRRIIPPEE GGUUAARRDD DDeeccoorraattiivvee SSqquuaarree LLEEDD SSuurrffaaccee BBuullkkhheeaadd WALL LATTICE WALL MOUNTED, PAINTED9 PAINT: WITH THE GRAIN DET668BY: DUNN EDWARDS I PAINT: MISSING LINK DE6041 BY: DUNN EDWARDS L PAINT: PEWTER PATTER DET627 BY: DUNN EDWARDS N PAINT: WHISPER GRAY DEC785BY: DUNN EDWARDS O PAINT ( ACCENT ONLY): BRITTLE BRUSH SW6684 BY: SHERWIN WILLIAMS Q PAINT: TRADE WINDS DET647 BY: DUNN EDWARDS K PAINT: DECEMBER SKY DE6352 BY: DUNN EDWARDS H MASONRY BASEMODEL: SHADOW ROCK COLOR: TETON BY: EL DORADO STONE OR EQUAL 3 CORNICE FINISH: PAINTED PLASTER10 METAL AWNING FINISH: GALVALUME11 STAMPED CONCRETE PAVING ( ENTRY DRIVEWAY) COLOR: NICKEL GRAY MICRO TOP/NATURAL GRAY PATTERN: RANDOM SLATE 7B METAL CANOPYCOLOR: DE6384 IRON FIXTURE BY: DUNN EDWARDS 4 CM-01 COLOR MATERIAL BOARD STOREFRONT W/ GLASS COLOR: BLACK GLASS: CLEAR FLOAT GLASS 2 GFRC ARCHITECTURAL ACCENT PIECE SIZE: 12”X12”14 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:209 Item Title: 9.1 “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046Item Page Number: 210 Item Title: 9.1 “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046Item Page Number: 211 Item Title: 9.1 “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046Item Page Number: 212 Item Title: 9.1 “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046Item Page Number: 213 Item Title: 9.1 “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046Item Page Number: 214 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA05.12.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A012 WALL & FENCE PLAN WALL AND FENCE LEGEND: A EXISTING 6' HIGH CMU BLOCK WALL TO REMAIN B E F1 6' HIGH WHITE PVC PLAYGROUND FENCEWITH 4' WIDE SINGLE OUTSWING GATE RAILCOLOR: WHITE NEW 8' HIGH SPLIT-FACE BLOCK WALLWITH 16"X16"' CONCRETE PILASTERS SPACED AT EVERY 30'COLOR: TO MATCH EXISTING WALL ON THE SOUTH PROPERTYBY: ORCO BLOCK OR EQUAL 6' ALUMINUM PICKET FENCEWITH 4' WIDE SINGLE OUTSWING GATE RAILCOLOR: BLACK 4' ALUMINUM PICKET FENCEWITH 4' WIDE SINGLE OUTSWING GATE RAILCOLOR: BLACK D F2 G 8' ALUMINUM FENCEWITH 6' HIGH X4' WIDE SINGLE OUTSWING GATE RAIL& CONCRETE PILASTERS PER ELEVATIONCOLOR: BLACK 3'-6" HIGH DECORATIVE STONE WALL WITH CONCRETE CAPSTONE: SHADOW ROCK-TETON 2″ TO 10″ HIGH AND 5″ TO 24″ LONG)BY:EL DORADO STONE OR EQUAL C CORNER MONUMENT WALL W/WATER FEATURESTONE: SHADOW ROCK-TETON 2″ TO 10″ HIGH AND 5″ TO 24″ LONG)BY:EL DORADO STONE OR EQUAL A1 NEW 8' HIGH CMU BLOCK WALLTO MATCH EXISTING WALL LOCATION MAP NORTH SWC OF NEWPORT ROAD & EVANS ROADMENIFEE, CALIFORNIA PRELIMINARY WALL & FENCE PLAN SCALE: 1" = 40'-0" 1 inch = feet GRAPHIC SCALE0 40' 40'80'40'120'20' 14 27 11 20 24 15 7 20 10 12 22 10 15 9 EVSTATIONVANACCESSIBLE EVSTATIONSTANDARDACCESSIBLE 6 EVSTATIONVANACCESSIBLE 5 5 33 39 38 22 4 12 STOP 8 10 10 7 109 2 1514 6 2 6 5' SIGNALIZEDINTERSECTION EXISTING WATER RETENTION AREAADJACENT SP ZONE AD J A C E N T R T Z O N E N 89° 53' 38" E 1279.36' N 89° 53' 38" E 1235.77' NEW SIDEWALK NEW SIDEWALKNEW SIDEWALK NEW LANDSCAPING LANDSCAPE SETBACK LANDSCAPE SETBACK LANDSCAPE SETBACK PROPERTY LINE N E W P O R T R O A D R O A D E V A N S N 0 0 ° 1 4 ' 3 0 " E 3 5 0 . 0 0 ' (N ) 8 ' H I G H B L O C K W A L L EXISTING PROPERTY LINE PROPOSED PROPERTY LINE 122' 14 4 ' 12 6 ' 60' 74' 135' 47 ' 60'167' 24 0 ' LOA D I N G LO A D I N G A R E A 80'X 1 8 ' , W I T H 1 4 ' U N O B S T R C U T E D VER T I C A L H E I G H T (N ) 8 ' H I G H B L O C K W A L L ±7 4 ' ±180' DROP OFFAREA PROPOSEDBUILDING 1 ± 18,026 S.F. PLAYGROUND± 13,250 S.F. PROPOSEDBUILDING 4± 7,360 S.F. PROPOSEDBUILDING 5± 3,010 S.F. PROPOSEDBUILDING 6± 9,990 S.F. PROPOSEDBUILDING 7 ± 40,000 S.F. 1 2 3 4 5 6 78 OUTDOOREXERCISE A E F1 A1 B F2 G DD C 14'44' 4' 10' 6' 10'6' ±85 ' 20' ±37 ' ±37 ' ±99' ±3 5 0 ' ±12'±581'±640' 14' 18 ' D A0135 A0136 ±39' 110 ' ±28' PRO P O S E D BU I L D I N G 2 ±4, 0 1 0 S . F . PR O P O S E D BU I L D I N G 3 ±1, 8 0 0 S . F . 53 ' 39'-5" A0134 TYP. WALL C/D ELEVATION 03.19.2021 19109MMA WALL & FENCE PLAN A012S.W.C of Newport Road & Evans RoadMenifee, California NEWPORT POINTE WALL B NOT TO SCALE WALL E NOT TO SCALE WALL F NOT TO SCALE WALL G NOT TO SCALE WALL C/D NOT TO SCALE WALL COLOR & MATERIAL FINISH WALL A/A1 NOT TO SCALE (NOTE: ADDITIONAL STANDARDS MAY APPLY IF A NOISE ANALYSIS DETERMINES THAT SOUND WALLS ARE NEEDED FOR THE PROJECT.) Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:215 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A013 WALL & FENCE DETAILS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:216 3 5 H u g u s A l l e y S u i t e 2 0 0P a s a d e n a , C a l i f o r n i a 9 1 1 0 3T : 6 2 6.5 8 3.8 3 4 8 F : 6 2 6.5 8 3.8 3 8 7 19109MMA04.19.2021Salim Development Group, LLC NEWPORT POINTE S.W.C. OF Newport Road & Evans RoadMenifee, California 4740 Green River Road, Suite 304Corona, California 92880 A013 WALL & FENCE DETAILS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:217 S O U T H W E S T C O. S I G N 1852 Pomona Road, Corona CA 92880 951-734-6275 MASTER SIGN PROGRAM 3/23/2021 NEWPORT POINTE SHOPPING CENTER P REPA RE D BY: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:218 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:219 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:220 TABLE OF CONTENTS 1 5 8 10 12 13 14 15 16 17 18 19 20 PAGE TENANT SIGN CRITERIA SITE PLANS TENANT MONUMENT SIGNS/SECTION DETAIL CORNER WALL/SECTION DETAIL CHANNEL LETTER SIGN SECTION DETAILS BUILDING 1 ELEVATIONS BUILDING 2 ELEVATIONS BUILDING 3 ELEVATIONS BUILDING 4 ELEVATIONS BUILDING 5 ELEVATIONS BUILDING 6 ELEVATIONS BUILDING 7 ELEVATIONS COLOR SCHEDULE Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:221 SIGN CRITERIA A. GENERAL SPECIFICATIONS 1. Purpose: The purpose of the following criteria is to establish a coordinated sign program that gives each tenant adequate identification while achieving a unified, attractive appearance among all lease spaces. In order to maintain the integrity of the criteria, and equity among all tenants, deviations from the criteria will not generally be approved. 2. Exceptions: All exceptions to these criteria must be approved by the landlord, and the City of Menifee Planning Department. 3. Landlord Approval: Prior to sign fabrication, the tenant shall submit three (3) copies of drawings of the proposed signs to the landlord for approval. Such drawings must include all of the items listed below under “City Approval and Permits”. One copy of the drawings shall be colored. 4. City approval and permits: Plans required: Upon approval by the landlord, the tenant shall secure a sign permit from the City of Menifee Planning Department by submitting three (3) copies fully dimensioned, to scale for its approval: a. A site plan showing the location of the lease space on the site. b. An elevation of the lease space drawn to scale and showing sign placement and lease width. c. A detailed elevation of the sign drawn to scale and showing all colors, materials, dimensions and copy. d. Fabrication and installation details, including structural engineering data, UL electrical specifications, disconnect switch and type and intensity of illumination for electric signs. 5. Cost of permits: All permits for signs and the installation thereof shall be obtained and paid for by the tenant 6. Compliance with code: All signs and the installation thereof shall comply with all local zoning, building and electrical codes. B. SIGN TYPES 1. Wall Signs: a. Type: All tenant signs shall be comprised of letters and/or logoboxes fabricated as either Plexiglas faced individual channel with LED illumination, or as aluminum reverse channel with halo illumination. Halo lit logoboxes may also have push thru plex face graphics. b. Size: Standalone building tenants are allowed one wall sign per building frontage up to a maximum of 3 signs. Sub-Establishment tenants are allowed one wall sign per building frontage up to a maximum of 2 signs. Mutli-tenant buildng occupants are allowed one wall sign only. In all cases signs are limited to an area of 1 square foot of sign per lineal foot of building frontage and cannot exceed 75% of the signable area on which it is placed. Where more that one sign is allowed, the second sign cannot exceed 80%, and third sign cannot exceed 70% of the maximum allowed sign area. c. Placement: Signs must face a public right of way or circulation path on the property, and shall not face adjacent residential property. Signs cannot exceed the roofline or 20’, whichever is less. Approval Required: All signs shall be attached to the building only at a location specified by these criteria and approved by the landlord and the City of Menifee Planning Department. d. Deviations: Note that any deviation from the above requirements that are directly from the Newport Estates Specific Plan may required a Specific Plan Amendment application to be filed. 2. Window Signs: a. Hours of Operation Signs: Limited to a maximum of 4 square feet and can be located at each customer entrance. b. Neon Signs: Two (2) neon window signs maximum per tenant, with a maximum area of 4 square feet. c. General Window Graphics: Shall not exceed 30% of each window on which it is placed. d. Signs shall be exempt from permits. 3. Internal Directional Signs: a. Size: Signs shall be limited to a height of 42” and a maximum area of 4 sq.ft. b. Location: Signs shall be provided along roadways within the development only. c. Messaging: Internal directional signs can display directional indications only (ie Exit, Entrance, or other on-site pedestrian or vehicular directional messaging). No other type of advertising is allowed. d. Design: Signs shall maintain a uniform size, color palette and finish schedule, using a natural stone base. e. Signs shall be exempt from permits. 1 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:222 4. Project Monument Signs a. One (1) monument identification sign shall be allowed per street frontage with a maximum of two signs per commercial center.. b. Monument display area shall be limited to a maximum of 36 square feet and a maximum of 8’ in height c. Monument signs shall be located with 20’ setback from face of curb, 5’ setback from Right of Way, and 15’ setback from any driveway. 5. Project Entry ID Sign a. Per the Newport Estates Specific Plan, each commercial center shall feature a project entry wall at the prominent corner, to display the name of the center and may feature up to two anchor tenants b. Project entry ID signs cannot exceed 25’ in width, and cannot exceed 7’ in height. C. DESIGN OF SIGN Design Standards: a. Sign Copy: Wording of signs shall not include the product sold or services offered, except as a part of the tenant’s trade name or insignia. b. Colors: Tenant’s are encouraged to use their established brand colors in the design of their signage and be compatible with the building architecture. c. Logos: Logos are not to exceed 25% of the overall sign area. Logos will be considered on a case by case basis, at the discretion of the landlord subject to the approval of the City of Menifee Design Review Staff. d. Materials: Plex Faced Channel: Faces: Minimum 3/16” thick acrylic with 3/4” trim cap painted to match. 5” deep, .063” aluminum returns with .063” aluminum backs. Reverse Channel: Minimum .090” aluminum face with maximum of 3” deep .063” aluminum returns. Clear 3/16” thick Lexan backs with countersunk screws in sides of letters Reverse Channel Logobox: Graphics to be 1/2” thick acrylic push thru with vinyl face. e. Lighting for all signage shall be LED. D. CONSTRUCTION REQUIREMENTS 1. Fasteners: All exterior signs bolts fastenings and clips shall be enameled iron with porcelain enamel finish, stainless steel, aluminum, brass or bronze. No black iron or other rust forming materials of any type will be permitted. 2. Conduit openings: Location of all openings for conduits in the walls of the building shall be indicated by sign drawings submitted to, and approved in writing by, the landlord. 3. Sealing of openings: All penetrations of the building structure required for sign installation, which shall have been approved in writing by the landlord, shall be neatly sealed in a watertight condition. 4. Labels: A UL label must be placed on every separate electrical sign element. A city permit label must be placed on at least one sign element of each sign. All required labels must be placed in a conspicuous location. No other labels are allowed. 5. Exposed lamps or tubing will not be permitted. 6. Concealment of mechanical equipment: Raceways, crossovers, conductors, transformers and other equipment shall be concealed. 7. Repair of damage: The tenant is responsible for assuring that the sign contractor repairs, in a good and workmanlike manner, any damage caused by the contractors work within two (2) days after such damage is caused. 8. Responsibility for work: The tenant shall be fully responsible for the work of its sign contractors. 9. Cost of electricity: Electrical service to all sign shall be on the tenants meters, and shall be part of the tenants operational costs. SIGN CRITERIA 2 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:223 SIGN CRITERIA E. MISCELLANEOUS RESTRICTIONS 1. Hours of business, and telephone numbers: Limited to no more than 4 ft.² for each business frontage with a customer entrance. 2. Flashing signs: Animated, flashing or audible signs will not be permitted.3. Lettering painted directly on the building surface will not be permitted. 4. Projections above or below the designated sign areas will not be permitted. 5. Temporary signs: All paper signs, banners, balloons, streamers, placards, pennants or portable signs which direct, promote, attract, service, or which are otherwise designed to attract attention, are prohibited except that the following temporary signs shall be permitted: 1. One banner, not exceeding 25 percent of the area of a building wall or window of the estblishment, shall be permitted for a period not exceeding 30 consecutive days when announcing a grand opening of a new business at the site where the banner is to be displayed. The banner shall be stretched and secured flat against the building surface and shall not exceed higher than the building eve or the building parapet wall. 2. Merchandise sale and special event signs not exceeding 30% of the window area may be displayed for a period of time not to exceed 30 consecutive days and not to exceed a total of 30 days in any 90 day period. Such signs may be painted and water-soluble paints or construction paper, wood, fabric, plastic or similar materials, and shall be restricted to a window area on the premises where the sale is conducted. No more than two colors shall be used for such signs, including black-and-white. Fluorescent colors are prohibited. F. PROHIBITED SIGNS 1. Pylon signs or steel pole mounted signs. 2. Flashing signs: Animated, flashing, revolving, or audible signs. 3. Internally illuminated “can” signs. 4. Roofop signs or projecting signs (unless incorporated into an awning) 5. Portable signs (ie vehicles used a billboards). Note: small sandwich boards are acceptable provided they are displayed within 20’ of main entrance and removed at the end of each working day. 6. Signs advertising unlawful act or business 7. String, pennants, banners, flags 8. One set of national, state, local government, institutional, or corporate flags are allowed at a time and must be specified on the site plan for City approval. G. ALL COMPANIES BIDDING TO MANUFACTURE 1. Substitutions: All companies bidding to manufacture a tenant sign are advised that no substitutes will be excepted by the landlord whatsoever, unless so indicated in the specifications which are approved in writing by the landlord, the tenant and the city of Menifee Planning Department. Signs that deviate from these criteria without such approval must be removed at the tenant’s expense. 2. Inspection: Prior to acceptance and final payment, each sign will be inspected for conformance to this criteria by the City of Riverside Planning Department and by an authorized representative of the landlord. Any signs found not in conformance will be rejected and removed at the tenant’s expense. 3. Guarantee: The entire sign display shall be guaranteed for one year against defects in material and workmanship. Defective parts shall be replaced without charge. 4. Insurance: The tenants sign fabrication and installation company shall carry Workmen's Compensation and public liability insurance against all damage suffered or done to any and all persons and/or property while engaged in the construction or erection of signs, in the amount of $500,000 or as provided by current ordinance, combined single limit. The landlord shall be presented with reasonable evidence of such coverage prior to commencement of any sign construction work. The tenant shall indemnify the landlord and hold the landlord harmless from all cost, liability, damages and expense, including attorneys fees and costs incurred by the landlord as a result of any sign construction or installation work by the tenant or it’s contractors. 5. Erection. The tenant’s sign company shall completely erect and connect, including all wiring, the subject sign in accordance with these criteria. H. NO ASSURANCES 1. The tenant technology is that the landlord gives no assurances that assigned approved by the landlord which is in accordance with the provisions of these criteria will be acceptable to the city of Menifee. 2. The tenant shall be solely responsible for bringing it sign into compliance with all local rules and ordinances. 3 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:224 I. TEMPORARY SIGNS a. Unless exempt from permit, all temporary on-site commercial signs shall require a temporary sign permit prior to placement. b. All temporary signs including, but not limited to, signs for grand openings, special events, special product sales shall be subject to restrictions listed in Table 9.220.140-1 below.  b. Time Duration: Generally, display periods for on-site commercial signs shall be limited to a maximum of 90 days per calendar year, and a maximum of 45 consecutive days. Longer durations may be permitted under a conditional use permit. c. Location: Temporary signs shall be located on or in close proximity to the use identified. d. Concise standards governing materials, mounting heights, colors, and graphic format shall be prepared through the implementation of the Specific Plan, such as CC&R’s. e. Temporary signs shall be non-illuminated. 4 SIGN CRITERIA Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:225 5 BUILDING3 Site Plan Scale 3/32” = 1’-0” N SIGNAGE LOCATION KEY/MAP DATA Plan View B Plan View A 1A BU I L D I N G 2 BUILDING 1 BUILDING 7 BUILDING 6 BU I L D I N G 4 NEWPORT ROAD EV AN S R O AD BUILDING 5 PROPERTY LINECURB FACE 15’ setback from drive aisle 20’ setback from curbface 15’ setbackfrom drive aisle 8’ setback from ROW1B 2 25’ setback from curbface & ROW BL D G 3 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:226 ENLARGED LOCATION PLAN Site Plan Scale: 1/4” = 1’0” 6 20’ setback from curbface 8’ setback from ROW 1B Plan View A - Shared Monuments 15’ setbackfrom drive aisle Landscaped Planter 2 Landscaped Planter 8’-0” Setback from ROW 8’-0” Setback from ROW 8’-0” Setback from ROW Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:227 ENLARGED LOCATION PLAN Site Plan Scale: 1/4” = 1’0” Plan View B - Shared Monument 7 1A 25’ setback from curbface & ROW 15’ setback from drive aisle Landscaped Planter BU I L D I N G 2 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:228 15 " 9' - 0 " Monument Sign - Multi-Tenant Detail Scale 1/2" = 1' 0" Double faced monument sign. All background colors to match. Internal illumination with Sloan Box LEDs. Max 8’ Height Max 48 sf Sign Area 5.33’ x 6.75” Sign Area = 36 sf 1.25 x 7’ Center Name Area = 8.75 sf 1 5’ - 4 ” 10 ” 16” 36” 30” EndView 7' - 4 " TENANT MONUMENT SIGN 1 2” 20” SIDE A SIDE B NEWPORT POINTENEWPORT POINTE 6-9” 2” 3” 8’-4” 5’-4” 5’-10” 1' - 0 " 7'-0" 8'-6" TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME 10 ” NEWPORT POINTENEWPORT POINTE TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAMETENANT NAME TENANT NAMETENANT NAME 10” x 72” Maximum copy area 8 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:229 P/S 2” Angle frame Poured in place concrete base clad with stone veneer (by GC) installed with 3/4” x 24” J-bolts (4 total) 6” OD Std Steel pipe /steel match plate to fit over anchor bolts Conduit stub with 120V Circuit provided by GC 120V Power Supply with disconnect Switch White LED illlumination Double sided Sloan Box LEDs 1/2” thick milk white push thru header graphics Tenant Copy: Translucent Vinyl applied over 3/16 milk white acrylic panels (Vinyl color subject tolandlord approval). P/S Fabricated aluminum fin dividers 6” DIA., t=0.216” Connection Detail Not To Scale Section Detail Scale 1/2 = 1' 0" Internal Sign 1 Monument Detail Scale 1/2" = 1' 0" Grade 9 TENANT MONUMENT SIGN SECTION DETAIL Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:230 CORNER MONUMENT WALL 2 Newport Pointe Shopping Center Project Entry ID Sign Detail Scale 1/4 = 1' 0" Singlefaced entry wall with project stone and concrete cap elements. Ledge mount internally illuminated project ID channel letters. Interchangeable aluminum tenant face panels with LED halo perimeter lighting; white push thru acrylic graphics, and internal illumination with Sloan Box LEDs. Max 7’ Height Max width 25’-0” 2 8’-3” 12’-9” 25'-0" NEWPORT POINTENEWPORT POINTE12 ” 15’-6” 10 Plan View Scale 1/4" = 1' 0" Cascading Water Fountain Standing Project ID Letters Interchangeable Tenant Panels Concrete Cap Painted Plaster Finish Cascading Water Fountain Stone Veneer per Project Finish Schedule TENANTTENANT TENANTTENANT 12 ” 5’ - 0 ” 6’ - 0 ” Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:231 CORNER MONUMENT WALL 2 Newport Pointe Shopping Center Section Detail Scale 1/2” = 1' 0" Center ID Sign Concrete Cap Stone per project specications Pump (hidden in submerged vault) Interchangeable Tenant Panel Fountain Wall Cap Tiles top and bottom Poured in place concrete base Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:232 NEWPORT POINTENEWPORT POINTE NEWPORT POINTENEWPORT POINTE NEWPORT POINTE NEWPORT POINTE Conduit with 120V Circuit provided Backside of corner wall Exposed Plaster Wall with cabinet recesses, EMT pass-thru for low voltage wire 11 ” CA B I N E T S I Z E Expansion fasteners into concrete wall Fabricated 1/8” aluminum face panel with 1” returns, and with 1/2” thk milk white push thru copy Recessed cabinet mounted ush to concrete wall Section Detail Scale 1 1/2” = 1' 0" GEMS white 4100K LED Low voltage leads GEMS white 4100K LED halo @ perimeter edge of cabinet 4” x 4” waterproof Jbox with120V Circuit at backside entry wall J/B 1/2” EMT/low voltage wire to each cabinet Openings at front of monument wall GEPS 100W Power supply with low voltage wire to channel letters Internal Project Entry ID Sign Detail Scale 1/4 = 1' 0" Project Entry ID Front Side Project Entry ID Back Side 1/2” EMT Wire Chase to Jbox w/low voltage wire P/S 2” GEPS 100W Power supply 1" Cast in place concrete with painted plaster finish Stone Veneer per project finish schedule Concrete Cap per project finish schedule 5" 12 ” 12 ” FACE S I Z E P/S P/S 5” deep fabricated aluminum facelit channel letters L-shaped comb riveted to letter backs GEMS white 4100K LED’s .09 fabricated aluminum wireway with ush .09 lid, countersunk screws Expansion fasteners into concrete wall 3/16” milk white acrylic faces with 3/4” white trimcap 1 1/2” 1 1 / 2 ” .09 fabricated aluminum wireway with low voltage wire 1/2” EMT Wire Chase to power supply w/low voltage wire 1" J/B 11 CORNER MONUMENT WALL SECTION DETAIL TENANT TENANT P/S P/S Fountain Pump in submerged vault Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:233 1/ 2 " P L E X F A C E D C H A N N E L S E C T I O N D E T A I L - U L L I S T E D TYPICAL CHANNEL LETTER SECTION DETAIL 1. 2. 4. 5. 6. 3. 5" 7. 8. 1. Remote Transformer With Disconnect Switch (Location TBD) 2. Incoming Dedicated Primary Circuit (By Others) 3. 14g Low Voltage cable 4. LED Modules 5. 3/16” Plexiglas face with 3/4” trim cap and screws painted to match returns. 6. 5” Deep Aluminum Channel Letter 7. #10 Screws and shields with 1/2” spacers painted to match storefront (TYP 3 Per Letter) 8. 9. Existing Storefront 12 Backing Panel (optional) 9. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:234 Building 1 South Elevation Scale 1/32" = 1' 0" 13 BUILDING 1 ELEVATIONS Building 1 North Elevation Scale 1/32" = 1' 0" Building 1 West Elevation Scale 1/32" = 1' 0" Building 1 East Elevation Scale 1/32" = 1' 0" Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:235 Building 2 East Elevation Scale 1/32" = 1' 0" Building 2 North Elevation Scale 1/32" = 1' 0" Building 2 West Elevation Scale 1/32" = 1' 0" Building 2 South Elevation Scale 1/32" = 1' 0" 14 BUILDING 2 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:236 Building 3 West Elevation Scale 1/16" = 1' 0" Building 3 North Elevation Scale 1/16" = 1' 0" Building 3 East Elevation Scale 1/16" = 1' 0" Building 3 South Elevation Scale 1/16" = 1' 0" BUILDING 3 ELEVATIONS 15 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:237 Building 4 South Elevation Scale 1/32" = 1' 0" Building 4 West Elevation Scale 1/32" = 1' 0" Building 4 East Elevation Scale 1/32" = 1' 0" Building 4 North Elevation Scale 1/32" = 1' 0" 16 BUILDING 4 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:238 Building 5 North Elevation Scale 1/16" = 1' 0" Building 5 West Elevation Scale 1/16" = 1' 0" Building 5 East Elevation Scale 1/16" = 1' 0" Building 5 South Elevation Scale 1/16 = 1' 0" 17 BUILDING 5 ELEVATIONS BUILDING-5 NOTE: Multi-Tenant Buildings are restricted to one (1) sign per tenant Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:239 Building 6 North Elevation Scale 1/32" = 1' 0" Building 6 East Elevation Scale 1/32" = 1' 0" Building 6 West Elevation Scale 1/32" = 1' 0" Building 6 South Elevation Scale 1/32" = 1' 0" 18 BUILDING 6 ELEVATIONS Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:240 Building 7 West Elevation Scale 1/32" = 1' 0" Building 7 South Elevation Scale 1/32" = 1' 0" Building 7 East Elevation Scale 1/32" = 1' 0" Building 7 North Elevation Scale 1/32" = 1' 0" 19 BUILDING 7 ELEVATIONS BUILDING-7 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:241 Concrete PavingFinish: Medium Broom, Saw Cut7Color: Natural GrayMetal Trellis8Color: De 6131 Teddy Bear, Dunn EdwardsMetal CanopyColor: De 6384 Iron Fixture, Dunn Edwards4Wall Lattice9Wall Mounted, PaintedMetal Louver13Material: AluminumPlasterFinish: Smooth Trowel / Sand FinishBy: Highland Stucco1Paint: De6384 Iron FixtureaBy: Dunn EdwardsPaint: De6060 Twilight TaupeeBy: Dunn EdwardsPaint: De6375 Castle RockbBy: Dunn EdwardsPaint: Dec791 Cloud fBy: Dunn EdwardsPaint: De5257 Fall FoliagecBy: Dunn EdwardsPaint: De6389 Fallen RockgBy: Dunn EdwardsPaint: Det627 Pewter PatterdBy: Dunn EdwardsPaint: De 6376 Looking GlasshBy: Dunn EdwardsPaint: De 6041 Missing LinkjBy: Dunn EdwardsPaint: Dea105 Cherry BomblBy: Dunn EdwardsPaint: De 5374 Almond CookiekBy: Dunn EdwardsPaint: Det 647 Trade WindsmBy: Dunn EdwardsMasonry BaseModel: Longitude 24 ( 12”x24”)Color: Silent Gray3By: El Dorado Stone Or EqualPedestrian Lights Model: Large Metro Led Pole LightTops: Cone (straight Arm)Pole: Pa1 Series ( Black)Color: Black5By:intrigue LightingWall SconceModel: Metro Led Wall MountColor: Black6aBy: Intrigue LightingWall SconceModel: Buxw9-ledColor: Satin Black6bBy: Lightway IndustriesWall Sconce - Service DoorsModel: Pdsw-5-ledColor: Satin Black6CBY: LIGHTWAY INDUSTRIESFabric AwningColor: BlackBy: Sunbrella Or Equal12Storefront W/ GlassColor: BlackGlass: 1” Clear Float Glass2CorniceFinish: Painted10Metal AwningColor: To Match Trellis11 FINISH SCHEDULE 19 20 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No.PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No.PLN19-0046 Item Page Number:242 NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter. DATE OF HEARING: July 14, 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: “Newport Pointe Commercial Center” Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046 Project Location: The subject site is located in the Newport Estates Specific Plan No. 140 (SP #140). More specifically, the project site is located at the southwest corner of Newport Road and Evans Road (APN: 360-020-051). General Plan Land Use and Zoning: General Plan: Specific Plan (Newport Estates Specific Plan No. 140) Zoning: Specific Plan (Newport Estates Specific Plan No. 140, Planning Area 7 The Planning Commission will consider the following project at a public hearing: Conditional Use Permit No. PLN19-0044 and Plot Plan No. PLN10-0045 proposes the development of a commercial center at the southwest corner of Newport Road and Evans Road on an approximate 11.14-acre site. The project proposes seven (7) buildings totaling approximately 84,211 square feet and 415 parking stalls. More specifically, the breakdown of building square footage and use information is as follows: 1. Building 1 (Grocery with Off-site Alcohol Sales) – 18,041 square feet. 2. Building 2 (Drive-thru Carwashi) – 4,010 square feet. 3. Building 3 (Drive-thru restaurant) – 1,800 square feet. Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:243 4. Building 4 (Restaurant/Retail) – 7,360 square feet. 5. Building 5 (Restaurant/Retail) – 3,010 square feet. 6. Building 6 (Daycare) – 9,990 square feet. 7. Building 7 (Gym/Fitness) – 40,000 square feet. Proposed access into the site would be via three (3) driveways located off Newport Road and a single driveway located off Evans Road. Parcel Map PLN19-0047 proposes to subdivide 11.14 acres into 6 commercial parcels and one lettered lot that range in size from 0.30 acres to 3.47 acres. Minor Conditional Use Permit No. PLN20-0359 proposes off-site alcohol sales (Type 21 license) and Public Convenience and Necessity findings for Building 1 (grocery) of the project. Sign Program No. PLN19-0046 proposes a master sign program for the Newport Pointe Commercial development including regulations for free-standing and wall mounted signage. Environmental Information: The City of Menifee Community Development Department has determined that the above project will not have a significant effect on the environment and has recommended adoption of a Mitigated Negative Declaration. The Menifee Planning Commission will consider the proposed project and the proposed Mitigated Negative Declaration along with the Mitigation Monitoring and Reporting Program (MMRP), at the public hearing. In addition, 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). Public Review Period: The IS/MND is being circulated for a 20-day review period pursuant to State law. The public review period will start on June 19, 2021 and close on July 9, 2021. All comments on the IS/MND must be submitted in writing to the address or e-mail provided below and received no later than 5:00 PM Monday, July 9, 2021. The IS/MND can be found at the following web address: http://www.cityofmenifee.us/325/Environmental-Notices-Documents. 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 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 Tamara Harrison, at (951) 723-3743 or e-mail tharrison@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: Tamara Harrison, Senior Planner 29844 Haun Road Menifee, CA 92586 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:244 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:245 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:246 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:247 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:248 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:249 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:250 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:251 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:252 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:253 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:254 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:255 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:256 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:257 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:258 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:259 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:260 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:261 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:262 Southern California Edison Attn: Mindi De La Torre/ CEQA 26100 Menifee Rd. Menifee, CA 92585 Riverside County Transportation Commission Attn: Cathy Bechtel, Project Development Director/ CEQA P.O. Box 12008 Riverside, CA 92502-2208 Southern California Edison Attn: Josh Thiel-Tract Supervisor/ CEQA 24487 Prielipp Drive Wildomar, CA 92595 Verizon California CEQA 9 South 4th Street Redlands, CA 92373 Eastern Municipal Water District Attn: Rebecca Tibayan/ CEQA P.O. Box 8300 Perris, CA 92572-8300 Southern California Edison Third Party Environmental Review/CEQA 2244 Walnut Grove Avenue, Quad 4C 472A Rosemead, CA 91770 Santa Ana Regional Water Quality Control Board CEQA 3737 Main Street, Suite 500 Riverside, CA 92501 Romoland School District CEQA 25900 Leon Road Homeland, CA 92548 Pechanga Band of Mission Indians Attn: Ebru Ozdil, Cultural Analyst/CEQA 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: CEQA 3880 Lemon St. 2nd Floor Suite 200 Riverside, CA 92501 Soboba Band of Luiseño Indians CEQA P.O. Box 487 San Jacinto, CA 92581 California Council of the Blind CEQA 1510 J. Street, Suite 125 Sacramento, CA 95814 Riverside Transit Agency Mauricio Alvarez, MBA/ CEQA 1825 3rd Street Riverside, CA 92507 The Gas Company CEQA 527 N. San Jacinto Street Hemet, CA 92543 California Council for the Blind Donna Pomerantz/ CEQA 1115 Cordova Street Pasadena, CA 91106 California Department of Trans. Dist. 8 Attn: Rosa Clark/ CEQA 464 West 4th Street San Bernardino, CA 92401 Perris Union High School District Attn: Candace Reines/ CEQA 155 East Fourth Street Perris, CA 92570 CA Dept. of Alcoholic Beverage Control CEQA 3737 Main Street, Suite 900 Riverside, CA 92501 Lozeau Drury LLP Richard Drury, Komalpreet Toor & Stacey Oborne 1939 Harrison Street, Suite 150 Oakland, CA 94612 Menifee Valley Historical Assoc. Attn: Barbara Spencer/ CEQA 33751 Zeiders Road Menifee, CA 92584 Valley-Wide Recreation and Park District James Salvador, Executive Assistant/ CEQA P.O. Box 907 San Jacinto, CA 92581 Rincon Band of Luiseno Indians c/o Cheryl Madrigal One Government Center Lane Valley Center, CA 92082 Pechanga Band of Luiseno Indians c/o Ebru Ozdil PO Box 2183 Temecula, CA 92593 Occupant 26015 Newport Road Menifee, CA 92584 Occupant 26025 Newport Road, Suite A Menifee, CA 92584 Occupant 26025 Newport Road, Suite B Menifee, CA 92584 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:263 Occupant 26025 Newport Road, Suite C Menifee, CA 92584 Occupant 26025 Newport Road, Suite D Menifee, CA 92584 Sun City 30242 Esperanza Rancho Santa Margarita, CA 92688 Sun City Fuels Co., Inc. 29950 Murrieta Road Menifee, CA 92586 DMSD Prop 41760 Ivy Street #201 Murrieta, CA 92562 Tommy’s Car Wash 30015 Winterhawk Road Menifee, CA 92586 Cal Cruz 34193 Camelina Street Lake Elsinore, CA 92532 MV Prop 8548 Utica Avenue Rancho Cucamonga, CA 91730 Fast Tire & Auto Service 30027 Winterhawk Road Menifee, CA 92584 Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:264 Item Title: 9.1 “Newport Pointe Commercial Center” - Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046Item Page Number: 265 CITY OF MENIFEE Community Development Department Cheryl Kitzerow – Community Development Director Notice of Determination TO: Office of Planning and Research (OPR) P.O. Box 3044 Sacramento, CA 95812-3044 County Clerk County of Riverside 2720 Gateway Drive, Riverside, CA 92507 FROM: Lead Agency: City of Menifee Community Development Department Address: 29844 Haun Road Menifee, CA 92586 Contact Person: Tamara Harrison, Senior Planner Phone Number: 951-723-3743 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the California Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): N/A Project Title: “Newport Pointe Commercial Center” Conditional Use Permit No. PLN19-0044, Plot Plan No. PLN19-0045, Parcel Map No. PLN19-0047, Minor Conditional Use Permit No. PLN20-0359 and Sign Program No. PLN19-0046 Project Applicant: Salim Development (Attn: Scott Yorkison), 4740 Green River, Suite #304, Corona, CA 92880, Phone: 818-378-2004 Project Location: The subject site is located in the Newport Estates Specific Plan No. 140 (SP #140). More specifically, the project site is located at the southwest corner of Newport Road and Evans Road (APN: 360-020-051). Project Description: Conditional Use Permit No. PLN19-0044 and Plot Plan No. PLN10-0045 proposes the development of a commercial center at the southwest corner of Newport Road and Evans Road on an approximate 11.14- acre site. The project proposes seven (7) buildings totaling approximately 84,211 square feet and 415 parking stalls. More specifically, the breakdown of building square footage and use information is as follows: 1. Building 1 (Grocery with Off-site Alcohol Sales) – 18,041 square feet. 2. Building 2 (Drive-thru Carwashi) – 4,010 square feet. 3. Building 3 (Drive-thru restaurant) – 1,800 square feet. 4. Building 4 (Restaurant/Retail) – 7,360 square feet. 5. Building 5 (Restaurant/Retail) – 3,010 square feet. 6. Building 6 (Daycare) – 9,990 square feet. 7. Building 7 (Gym/Fitness) – 40,000 square feet. Proposed access into the site would be via three (3) driveways located off Newport Road and a single driveway located off Evans Road. Parcel Map PLN19-0047 proposes to subdivide 11.14 acres into 6 commercial parcels and one lettered lot that range in size from 0.30 acres to 3.47 acres. Minor Conditional Use Permit No. PLN20-0359 proposes off-site alcohol sales (Type 21 license) and Public Convenience and Necessity findings for Building 1 (grocery) of the project. Sign Program No. PLN19-0046 proposes a master sign program for the Newport Pointe Commercial development including regulations for free-standing and wall mounted signage. This is to advise that the City of Menifee Planning Commission, as the lead agency, has approved the above-referenced project on July 14, 2021, and has made the following determinations regarding the above described project: Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:266 NOTICE OF DETERMINATION Page 2 1. The project will not have a significant effect on the environment. 2. A Mitigated Negative Declaration was prepared for the project pursuant to the provisions of the CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4 A Mitigation Monitoring and Reporting Plan/Program was adopted for this project. 5. A Statement of Overriding Considerations was not adopted for the project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the Mitigated Negative Declaration and record of project approval is available to the general public at the City of Menifee Community Development Department, 29844 Haun Road, Menifee, CA 92586. Sarah A. Manwaring, Menifee City Clerk Signature Title Date Date Received for Filing and Posting at OPR: CDFW fees of $2,480.25 and County filing fee of $50.00 are applicable for this project. FOR COUNTY CLERK’S USE ONLY Item Title:9.1 “Newport Pointe Commercial Center”-Conditional Use Permit No.PLN19-0044,Plot Plan No. PLN19-0045,Parcel Map No.PLN19-0047,Minor Conditional Use Permit No.PLN20-0359 and Sign Program No. PLN19-0046 Item Page Number:267 CITY OF MENIFEE SUBJECT: Discussion of Service Stations, Car Wash Businesses and Drive-thru Restaurants MEETING DATE: July 14, 2021 TO: Planning Commission PREPARED BY: Orlando Hernandez, Planning Manager REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Cheryl Kitzerow, Community Development Director -------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION 1. Review the report and provide direction to staff as it relates to service stations, car wash businesses and drive-thru restaurant projects in the city. DISCUSSION At a regular Planning Commission meeting, the Planning Commission requested staff bring forward at a future meeting a discussion related to development proposals for service stations, car wash businesses and drive-thru restaurants in the City related to the following topics of concern: - Number and location of existing businesses in the City. - Location of proposed businesses in the City. - Zoning districts that would allow these types of uses. Service/gas stations is a service use that meets the needs of the residents and travelers of the City. There is a public benefit of providing convenient locations with a reasonable distance to home or work to the residents. Currently, there are a total of 12 active service stations, five under construction, two recently approved and two in the pre-application stage process. If all of them get constructed, the City would have a total of 21, which is approximately 0.42 service stations per square mile. As a point of reference, the City of Rancho Cucamonga recently went through the same analysis, and they have approximately 0.69 service stations per square mile. Car wash establishments are built with three different concepts: 1) full service – vehicle wash, vacuum and auto detailed is provided by the business; 2) express car wash – customer drives vehicle through wash tunnel and the vacuum is done by the customer; 3) automatic car wash – these are usually in conjunction with a gas station. Currently, there is only one full-service car Item Title:10.1 Discussion of Service Stations,Car Wash Businesses and Drive-thru Restaurants Item Page Number:1 City of Menifee Planning Commission Discussion of Service Stations, Car Wash Businesses and Drive-thru Restaurants July 14, 2021 Page 2 of 2 5 7 9 wash, three express car washes and five operating concurrently with a gas station with an additional seven under construction. In regard to drive-thru restaurants, there are a total of 25 in operation and ten under construction throughout the City. When reviewing this type of uses, it has become increasingly important to consider surrounding uses and compatibility. Following are some points to consider when reviewing the uses: 1. General Plan and Development Code 2. Operational Impacts 3. Public Safety Staff prepared a map that shows the location of all of the establishments. The map indicates that most of the businesses are located along commercial corridors, more specifically along Newport Road, McCall Boulevard, and Highway 74. ATTACHMENTS 1. Gas Station, Car Wash and Drive-thru Restaurant Map Item Title:10.1 Discussion of Service Stations,Car Wash Businesses and Drive-thru Restaurants Item Page Number:2 Item Title:10.1 Discussion of Service Stations,Car Wash Businesses and Drive-thru Restaurants Item Page Number:3