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20-949RESOLUTION NO. 20- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA (1) APPROVING CONDITIONAL USE PERMIT NO. 2018- 078 FOR A WIRELESS COMMUNICATION FACILITY CONCEALED AS A 70’ CLOCK TOWER TO BE LOCATED AT WHEATFIELD PARK (30627 MENIFEE ROAD; APN: 364-070-026) AFTER REMAND FROM THE UNITED STATES DISTRICT COURT AND (2) RESCINDING RESOLUTION NO. 19-855 WHEREAS, on March 29, 2018 the applicant, Smartlink, filed a formal application with the City of Menifee for a Conditional Use Permit (CUP 2018-078) to allow for the construction and operation of a wireless communication facility concealed as a 70-foot-tall clock tower that will be attached to the existing multi-purpose building and a 715 square foot lease area to be located at the existing Wheatfield Park; and WHEREAS, on August 14, 2019, the Planning Commission of the City of Menifee held a public hearing on Conditional Use Permit No. 2018-078, considered all public testimony as well as all materials in the staff report and accompanying documents, which a hearing was publicly noticed by a publication in the Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the project boundaries, and to persons requesting public notice; and, WHEREAS, at the August 14, 2019 meeting, the Planning Commission of the City of Menifee directed staff to prepare a resolution with denial findings and to bring the denial resolution back before the Planning Commission on September 11, 2019; and, WHEREAS, on September 11, 2019, the Planning Commission held the continued public hearing on Conditional Use Permit No. 2018-078 which was not required to be re-noticed because it was continued to a date certain; and, WHEREAS, at the September 11, 2019 Planning Commission public hearing, based on the public testimony as well as all materials in the staff report and accompanying documents, the City of Menifee Planning Commission denied Conditional Use Permit No. 2018-078; and, WHEREAS, on September 19, 2019, Smartlink, on behalf of AT&T, appealed the Planning Commission’s decision, stating that the proposed wireless communications facility would close the existing coverage gap in the area, the proposal meets the City’s siting requirements and that the proposal complies with Federal Communications Commission (FCC) rules and regulations; and, WHEREAS, on November 6, 2019, the City Council of the City of Menifee held a public hearing on the appeal of the Project, considered all public testimony, as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2018-078, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the project boundaries, and to persons requesting public notice; and, WHEREAS, at the November 6, 2019 City Council public hearing, the City Council directed staff to research information related to 1). Riverside County Fire Department dropped emergency calls, 2). the feasibility of continuing fireworks displays from Wheatfield Park if the proposed clock tower is constructed, 3). the feasibility of multiple small cell sites as an alternative to the clock tower and 4). clarification DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 949 Appeal No. 2019-051 – “Conditional Use Permit No. 2018-078” Page 2 of 6 regarding discrepancies between the AT&T coverage maps and to bring the information back before the City Council on December 4, 2019; and WHEREAS, on December 4, 2019, the City Council of the City of Menifee held a public hearing on the appeal of the Project, considered all public testimony, as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2018-078, which hearing did not require additional noticing because it had been continued to a date certain, and instructed staff to prepare a denial resolution; and WHEREAS, at the December 18, 2019 City Council meeting, based on the public testimony as well as all materials in the staff report and accompanying documents, the City of Menifee City Council denied Conditional Use Permit No. 2018-078 and rejected the appeal by Smartlink by adoption of Resolution No. 19-855; and WHEREAS, on January 10, 2020, New Cingular Wireless filed a lawsuit in the United States Central District Court of California, challenging the City Council’s denial of the Conditional Use Permit; and WHEREAS, on June 16, 2020, Judge Jesus Bernal issued an order remanding the matter back to the City Council for “further consideration, evaluation, deliberation, and action” on the application; and WHEREAS, in compliance with the Court’s June 16, 2020 order, the City Council has noticed a public hearing for further consideration of Conditional Use Permit No. 2018-078 that was held on July 15, 2020; and WHEREAS, at the July 15, 2020 City Council meeting, Conditional Use Permit No. 2018-078 was continued to August 5, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee hereby makes the following Findings: Section 1: Consistency with the General Plan. The project is consistent with the General Plan Land Use Map, and applicable General Plan objectives, policies, and programs: Consistency with General Plan The General Plan land use of the subject site is the Menifee Village Specific Plan No. 158 (SP #158). More specifically, the site is located within Planning Area 2-2 of the Specific Plan. Planning Area 2-2 is designated as Sports Park which allows a variety of active recreational uses. The proposed Project would consist of a wireless communications facility concealed as a 70’ clock tower that will be attached to the existing multi-purpose building and a 715 square foot lease area to be located at an existing sports park. The City’s Wireless Communications Facilities code allows for stand alone wireless communication facilities in all recreational and Open Space zones when concealed or disguised. In addition, the project is consistent with the following City of Menifee General Plan policies: DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Appeal No. 2019-051 – “Conditional Use Permit No. 2018-078” Page 3 of 6 Utilities and Infrastructure • LU-3.2 Work with utility providers to increase service capacity as demand increases. The project proposes a wireless communication facility that will be concealed as a 70’ clock tower. The addition of this wireless communication facility will aide in closing an existing coverage gap that the carrier is currently experiencing. Project Design • CD-3.3 Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes, but is not limited to: appropriate placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing). The project proposes a stealth wireless communication facility that will be concealed as a 70’ clock tower and attached to the existing multi- purpose building on-site. The proposed location of the tower interior to the site and attached to the existing main building minimizes the potential visual impacts of the tower. The proposed clock tower also includes quality architectural features consistent with the existing building on-site. Building Design • CD-3.11 Provide special building-form elements, such as towers and archways, and other building massing elements to help distinguish activity nodes and establish landmarks within the community The proposed project includes a wireless communication facility that will be concealed as a clock tower which will, by default, also act as a landmark for the community. Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) The City of Menifee has two (2) active conservation plans within the City’s boundary, the Western Riverside County MSHCP, and the Stephens’ Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen’s Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group, and the project area is developed/disturbed. The project would be subject to the payment of fees consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the project would not conflict with the provisions of the adopted DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Appeal No. 2019-051 – “Conditional Use Permit No. 2018-078” Page 4 of 6 HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Therefore, the project is consistent with the General Plan, and applicable General Plan objectives, policies, and programs. Section 2: Consistency with the Zoning Code. The project is consistent with the zone designation Map, and applicable development standards within the zone designation: The zoning classification of the project site is Specific Plan as the subject site is located within Planning Area 2-2 of SP #158. As mentioned above, Planning Area 2-2 is designated as Sports Park which allows a variety of active recreational uses. The proposed Project would consist of a wireless communications facility concealed as a 70’ clock tower that will be attached to the existing main building at the subject site. The Project also proposes a 715 square foot lease area that will enclose the supporting equipment for the facility. The Project is proposed at an existing sports park within the City. Chapter 9.08 of the City’s Municipal Code, Siting of Wireless Communications Facilities, allows for stand alone wireless communication facilities in all recreational and Open Space zones when concealed or disguised. The proposed project is consistent with all applicable development standards and regulations found within SP #158 and Chapter 9.08. The zoning of parcels surrounding the subject site includes the Menifee Village Specific Plan to the north, east and west and the One-Family Dwellings zone to the south. The proposed project, a wireless communications facility concealed as a clock tower, is compatible with the surrounding zoning. Section 3: Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The use is compatible with and provides adequate buffering from adjacent uses. The proposed wireless communication facility would be located at an existing 26.87 acre sports park that is surrounded by existing residences and vacant land to the north, south and east of the site. The existing Bell Mountain Middle School and Mount San Jacinto Community College are located directly to the west of the subject site. Although there are existing residences in the vicinity of the proposed project, the nearest residence is located more than 500 feet away from the proposed facility’s location. In addition, the facility would be fully concealed as a clock tower with antennas located inside the tower structure and associated ground equipment fully screened by a walled enclosure. The exterior of the clock tower has been designed in such a manner where the tower will be consistent with the architecture of the existing main building. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Appeal No. 2019-051 – “Conditional Use Permit No. 2018-078” Page 5 of 6 The City Municipal Code states that facilities shall not be situated between the primary building on a parcel and any public or private street adjoining the parcel, so as to avoid creating a negative visual impact. The tower is proposed to be attached to the rear of the existing main building, over 400 feet away from the site’s street frontage and directly behind the main building at the site so that it appears to be an attached clock tower. As such, the facility will not be situated between the primary building and Menifee Road. The applicant shall obtain all required Building Permits from the City’s Building and Safety Department. The proposed Project has been reviewed and conditioned as necessary by the City of Menifee Engineering, Building and Safety, and Fire Prevention Departments and Riverside County Information Technology (RCIT) Department, and Department Environmental Health. Therefore, the Project will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the 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. The proposed conditional use permit for a new wireless communications facility has been determined to be Categorically Exempt (“New Construction or Conversion of Small Structures”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15303. This section consists of an exemption for the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. More specifically, subsection (c) of Categorical Exemption 15303 exempts a store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four (4) such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The proposed project is an application for the addition of a new stealth wireless communication facility, concealed as a clock tower, which will be attached to the existing multi-purpose building located at the subject site. The proposed clock tower is a structure similar to a store, motel, office or restaurant, the project does not involve significant amounts of hazardous substances and does not exceed 2,500 square feet in floor area as the project only includes roughly 1,115 square feet of floor area (clock tower and lease area combined). Therefore, the project is exempt per Section 15303, “New Construction or Conversion of Small Structures,” of the CEQA Guidelines. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Appeal No. 2019-051 – “Conditional Use Permit No. 2018-078” Page 6 of 6 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). Section 5: The City Council’s Resolution No 19-855 dated December 18, 2019, denying Conditional Use Permit No. 2018-078 is hereby rescinded and Conditional Use Permit No. 2018-078 is hereby approved. PASSED, APPROVED AND ADOPTED this the 5th day of AUGUST, 2020 _________________________ Bill Zimmerman, Mayor Attest: _____________________________ Sarah A. Manwaring, City Clerk Approved as to form: ______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: “Wheatfield Park Wireless Communication Facility” - Conditional Use Permit No. 2018-078 Description: Conditional Use Permit No. 2018-078 (CUP 2018-078) is for a proposed new stealth wireless communication facility that will be concealed as a 70 foot (70’) clock tower and attached to the multi- purpose building located at Wheatfield Park. The proposed tower will be attached to the building by a wooden trellis breezeway and is proposed to be located within the central portion of the site at the rear of the existing multi-purpose building. Six foot (6’) wrought iron fencing with gates will be located at the side entries into the breezeway areas. The project proposal also includes the following: 1. 12 – Eight foot (8’) panel antennas (three [3] panels per sector) 2. 48 LTE RRUs at antenna level (12 per sector) 3. One (1) – Two foot (2’) microwave antenna 4. Nine (9) DC-9 surge suppressors 5. One (1) DC power plant 6. Two (2) FIF racks 7. One (1) GPS antenna 8. One (1) 30KW generator 9. Two (2) A/C units 10. Utility cabinets and Telco board 11. 715 square foot lease area that will be enclosed by an eight (8) foot high split-faced CMU block wall. Assessor's Parcel No.: 364-070-026 MSHCP Category: Not applicable DIF Category: Not Applicable TUMF Category: Per WRCOG determination Quimby Category: Not applicable Approval Date: August 5, 2020 Expiration Date: August 5, 2022 DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Within 48 Hours of the Approval of This Project 1. Filing Notice of Exemption (NOE). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of fifty dollars ($50) for the County administrative fee, to enable the City to file the Notice of Exemption (NOE) for the project within forty-eight (48) hours of the approval of the project. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operation 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. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Section I: Community Development Department Conditions of Approval DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2018-078 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan, Elevations, Colors and Materials and Landscape and Irrigation Plans for Conditional Use Permit No. 2018-078, dated July 23, 2019. 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. 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, c) the facility has failed to comply with any applicable federal standard, d) the operation fails to comply with the requirements of the City’s Municipal Code (Chapter 9.08 – “Siting of Wireless Communication Facilities”), e) the facility (including the landscaping, hardscape or site has not been properly maintained or f) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 6. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 7. 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Comply with Ordinances and Codes. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable Riverside County or City of Menifee ordinances or guidelines and State and Federal codes. The development of the premises shall conform substantially with that as shown on Exhibit A, unless otherwise amended by these conditions of approval. 10. Comply with Previous Approvals. The applicant/permit holder shall comply with all previous conditions of approval associated with the Wheatfield Park site (APN: 364-070-026) as they are still considered valid and in effect, unless superseded by these conditions of approval. 11. Comply with Building and Safety. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 or continuation of the use. 12. Comply with Engineering Department. Compliance with Engineering Department directives and all required permits shall be obtained prior to establishment or continuation of the use. 13. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly on adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection in to the sky. 14. Comply with Menifee Municipal Code Chapter 6.01 All lighting shall comply with any applicable provisions of Menifee Municipal Code Chapter 6.01. 15. Parking. All parking aisles shall remain unobstructed at all times. 16. Building Permit Required for Signage. A Building permit will be required through the City’s Building and Safety Department for all signage. Contact the Building and Safety Department directly for submittal requirement information. 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. Damage to or malfunction of the sign shall be replaced within 48 hours. 18. 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. 19. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 20. 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). 21. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall be entitled to vote using and address within the premises as a place of residence. 22. Interference. As allowed by law or regulation, if the operation of the facilities authorized by this approved Conditional Use Permit generates electronic interference with or otherwise impairs the operation of Riverside County or City of Menifee communication facilities, the applicant shall consult with Riverside County Information Technology staff and implement mitigation measures acceptable to the Riverside County Department of Information Technology and the City of Menifee. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 23. Height. The antennas shall be fully concealed within the proposed faux clock tower and the peak of the tower shall not measure more than seventy (70) feet in total height from existing ground surface below the center of the base of the tower to the top of the tower. 24. Equipment Cabinet Shielding. The ground equipment shall be located within the walled enclosure and shall not be visible from public view. The site plan shows the enclosure walls to be eight (8) feet tall with exterior stucco to match existing main building and existing walls on-site with a masonry cap. Changes in the above- listed materials shall be reviewed and approved by the Community Development Department prior to installation of the structures, or prior to repainting or refinishing of the structures. 25. Maintenance of Hardscape and Debris Removal. The telecommunications service provider (i.e., the wireless facility lessee) shall maintain support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately). The property owner shall agree to perform such maintenance to the extent the telecommunications service provider fails to do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as repair or fence any support facilities which constitute a safety hazard and specifically consent to the city's ability to lien the property or place a lien on the tax roll for the repayment of such costs, plus interest, without any further notice thereof. 26. Cell Tower Physical Condition. The tower itself, as well as the proposed walls and lease area, shall be in good repair, including damaged or missing walls or landscaping, and/or any other apparent items needing repair. 27. Abandoned Site. Any wireless communication facility that is not continuously operated for a period of ninety (90) days shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (six months). The telecommunications service provider shall give written notice to the City at such time as use of the facility ceases. The telecommunications service provider shall have sixty (60) days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility, or completely remove the facility and all supporting facilities and restore the site. The owner of the property in a safe manner shall remove and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the carrier shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the city for the express purpose of using the funds for removal of the equipment/facility. If the owner does not do so within that period of time, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 set out in the written consent provided by the property owner. If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it. 28. Expiration Date. This approval shall be used within two (2) 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 two (2) 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 two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 29. 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. 30. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include, but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: a. All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%. c. The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 31. Airport Influence Area. The project site is located within an Airport Influence Area. Therefore, the following conditions apply (Per General Plan Implementation Action LU-23): a. The following uses shall be prohibited: DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 i. Any use which would direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. ii. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. iii. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row crops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris centers, fly ash disposal, and incinerators.) iv. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. b. The notice of airport in vicinity shall be provided to all potential purchasers of the property and tenants/lessees of the buildings thereon. 32. Comply with Riverside County Environmental Health Conditions. The applicant shall comply with the conditions contained in the letter from Riverside County Department of Environmental Health dated April 9, 2018, attached here. ARCHEOLOGY/PALEONTOLOGY 33. 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. 34. 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. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 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). 35. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, 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.” 36. 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: DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 37. Inadvertent Paleontological Find. If paleontological materials are uncovered during grading or other earth-moving activities, the contractor shall be required to halt work in the immediate area of the find and retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, the resource shall be left in place, if determined feasible by the project paleontologist. Otherwise the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find. However, no further work shall occur in the immediate location of the find until all information recovery has been completed and report concerning it filed with the Community Development Director. The applicant shall bear the cost of implementation of this mitigation. LANDSCAPING 38. 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 DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 39. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 40. 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. 41. Maintenance of Landscaping. All private landscaping shall be maintained by the individual property owner. All landscaping, and similar improvements not properly maintained by the individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES 42. 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 Grading Permit Issuance 43. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: 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 weepers) 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%. Water active grading/excavation sites and unpaved surfaces at least three times daily; DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 a. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; b. Site access points must be swept/washed within thirty minutes of visible dirt deposition; c. Sweep daily (with water sweepers) all paved parking areas and staging areas; d. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; e. Cover stockpiles with tarps or apply non-toxic chemical soil binders; f. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; g. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; h. Install wind breaks at the windward sides of construction areas; i. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; j. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; k. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; l. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; m. Traffic speeds on unpaved roads must be limited to 15 miles per hour; n. Provide daily clean-up of mud and dirt carried onto paved streets from the site; o. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; p. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; q. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, r. 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. 44. Nesting Bird Survey. Birds and their nests are protected by the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Codes. Since the project supports suitable nesting bird habitat, removal of vegetation or any other potential nesting bird habitat disturbances, shall be conducted outside of the avian nesting season (February 1st through August 31st). If habitat must be cleared during the nesting season, a preconstruction nesting bird survey shall be conducted. The preconstruction nesting bird survey must be conducted by a biologist who holds a current MOU with the County of Riverside. Surveys shall cover all potential nesting habitat areas that could be disturbed by each phase of construction. Surveys shall also include areas within 500 feet of the boundaries of the active construction areas. The biologist shall prepare and submit a report, documenting the results of the survey, to the City of Menifee Community DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Development Department for review and approval. If nesting activity is observed, appropriate avoidance measures shall be adopted to avoid any potential impacts to nesting birds. 45. Lease Agreement. Prior to the issuance of a grading permit for CUP 2018-078, the permittee shall provide proof to the Community Development Department that all requirements found in Menifee Municipal Code Chapter 9.08, Sections 9.08.040 (D) (7), 9.08.070 (C) and 9.08.110 as they relate to the leasing agreement for the project. As indicated in the Municipal Code, these requirements can be addressed in the lease agreement or through other evidence thereof deemed sufficient by the city. 46. Fees. Prior to the issuance of grading permits for CUP No. 2018-078, 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 Building Permit Issuance 47. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 48. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 49. Submit Building Plans. Prior to the issuance of a Building Permit, the permitee shall submit building plans with the City of Menifee Building and Safety Department. The building plans shall be in substantial conformance with APPROVED EXHIBIT A. • Building and Safety will require the following items: • Plans shall be designed to the provisions of the 2016 edition (or current) of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. • Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. • All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. • All exterior lighting shall fall within current commercial standards. • Separate plan submittal will be required by Riverside County Fire along with a formal transmittal issued by Building and Safety. 50. Elevations. Elevations of all structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT A. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 51. Color and Materials. The colors and materials on all structures submitted for building plan check approval shall be in substantial conformance with that shown on APPROVED EXHIBIT A. 52. Signage. Prior to the issuance of building permits, the applicant or their successor- in-interest shall submit a copy of the sign that will be installed at the facility. That sign is required to have the following information: • Address of wireless communications facility and any internal site identification number or code; • Name(s) of company who operates the wireless communications facility; • Full company address, including mailing address and Division name that will address problems; • Telephone number of wireless communications facility company; and, • If a co-located facility (addition antennas and/or equipment shelters or cabinets) are added to an existing facility, an additional sign, including the above described information shall be installed on said shelter or cabinet stating the name of the company who operates the primary wireless communications facility and the name of the company that operates the co- located facility. 53. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. 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. 54. 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. 55. 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 in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act) and Menifee Municipal Code Section 9.86, along with the current fee. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 The plan shall be in substantial conformance to APPROVED EXHIBIT A, Menifee Municipal Code Chapters 9.86 and 15.04 and the conditions of approval. The plan shall show all common open space areas (e.g., outdoor plazas). 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 plaza landscaping. The plan shall show all common open space areas. Emphasis shall be placed on using plant species that are drought tolerant and which have low water usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto), the Riverside County Guide to California Landscaping, Eastern Municipal Water District requirements and Ordinance No. 348, Section 18.12. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted to the Engineering Department. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. The irrigation plan shall be in compliance with Menifee Municipal Code Chapter 15.04, and include a rain shut-off device which is capable of shutting down the 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. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted and any amendments thereto), the Riverside County Guide to California Friendly Landscaping, and Eastern Municipal Water District requirements. 56. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections is estimated to be $3,000.00. 57. Lease Agreement. Prior to the issuance of a grading permit for CUP 2018-078, the permittee shall provide proof to the Community Development Department that all requirements found in Menifee Municipal Code Chapter 9.08, Sections 9.08.040 (D) (7), 9.08.070 (C) and 9.08.110 as they relate to the leasing agreement for the project. As indicated in the Municipal Code, these requirements can be addressed in the lease agreement or through other evidence thereof deemed sufficient by the city. 58. FCC Compliance. Prior to issuance of a building permit, the permit holder shall perform a radio frequency (RF) compliance pre-construction evaluation to indicate compliance with FCC Guidelines and submit the results of this evaluation to the Community Development Department. Please refer to the FCC Office of Engineering and Technology Bulletin 65 for information on RF exposure guidelines. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Prior to Building Final Inspection 59. Final Planning Inspection. The permitee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, and landscaping plans, etc. The permitee shall have all required walls, landscaping and automatic irrigation installed and in good condition. 60. Cell Tower Physical Condition. The tower itself, as well as the proposed walls and lease area, shall be in good repair, including damaged or missing walls or landscaping, and/or any other apparent items needing repair. 61. Elevations. The elevations and colors shall conform substantially with that shown on APPROVED EXHIBIT A. 62. 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. 63. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 64. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 65. Landscape/Irrigation Install Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure. 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. 66. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 67. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 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. 68. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. FEES 69. Fees. Prior to issuance of occupancy/final inspections, the Planning Division 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. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Section II: Building and Safety Department Conditions of Approval DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 General Conditions 70. Address. An application shall be submitted for a new address specifically for the service panel for the cell tower only. The address for the park cannot be shared with the cell tower. An application for an address can be through the City of Menifee Engineering Department. Any plans submitted for review with the Wheatfield Park Address will not be accepted. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Section III: Public Works and Engineering Department Conditions of Approval DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 General Conditions 71. Encroachment. Any encroachment into the public ROW during project construction, will require an encroachment permit from the Public Works and Engineering Department, which may require posting of cash security to guarantee repairs to any public facilities that may be damaged during the course of this project’s work in the City’s ROW. 72. Grading Permits. Any grading activity resulting in movement of dirt exceeding 50 cubic yards shall require a grading permit from the Public Works-Engineering Department. All grading shall conform to the latest adopted edition of the California Building Code, the Riverside County Ordinance 457 (adopted by the City upon incorporation), applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 73. Erosion Control Plans. All grading plans shall require erosion control plans approved by the Public Works-Engineering Department. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Section IV: Riverside County Fire Department Conditions of Approval DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 General Conditions 74. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (CUP 2018-078) is required on all correspondence. Additional information is available at our website: www.rvcfire.org go to the link marked “Ordinance 787”. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 75. City Case Statement. The Riverside County Fire Department recommends the following fire and life and safety protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards. Prior to Building Permit Issuance 76. Generator. Provide Information (Manufacturer cut sheet) on Generator, fuel storage type and capacity. 77. Note. Note on plans any battery back-up system that will be used, type of battery and quantity in gallons or lbs of corrosive if any. 78. Fire Extinguisher. Provide an additional mounted 2A10-BC Rated Fire Extinguisher for potential use by maintenance personnel. Mount extinguisher 3-5 feet from finished floor. 79. Knox Box. Provide access key card or access key for placement in Knox box shown on plan. 80. Building Plans. Provide sheet on submittal showing emergency/safety signage and placement of an NFPA 704 placard showing any hazardous materials in use at this site shall be posted. Additional safety signage and contact information sign in the event of an emergency shall be posted. 81. Hazardous Materials, Emergency Generator and Battery Storage. The project has not been reviewed or approved for hazardous materials or battery storage. Prior to building permit issuance, building plans shall be submitted for approval indicating the presence of an emergency generator and battery storage. Battery storage and fuel use, storage, and handling shall be approved by the Fire Department per the California Building Code and California Fire Code prior to materials being stored on site. 82. Further Review. Further review of the project will occur upon receipt of building plans. Additional requirements may be necessary at that time. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 Prior to Final Inspection 83. Knox Box. Provide access key card or access key for placement in Knox box shown on plan. 84. Addressing. Address for the site shall be posted and be visible from the street. Numbers shall be in contrast to background and meet City of Menifee and Riverside County Fire Department requirements for commercial structure addressing. 85. Further Review. Further review of the project will occur upon receipt of building plans. Additional requirements may be necessary at that time. DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 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) DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 20- was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 5th day of August 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Sarah A. Manwaring, City Clerk DocuSign Envelope ID: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 None August, Deines, Sobek, Liesemeyer, Zimmerman 949 None