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23-1330RESOLUTION NO. 23-1330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING THE APPEAL (PLN23-0058) OF MAJOR PLOT PLAN (PLN21-0290) FOR ETHANAC BARNETT WAREHOUSE(S) WHEREAS, on August 24, 2021, the applicant, Phelan Development Company filed a formal application with the City of Menifee for a plot plan application (PLN21- 0290) for the construction of two (2) concrete tilt -up buildings totaling 251,133 square feet (sq. ft.) on a 13.89 gross acre project site near the southwest corner of Ethanac Road and Barnett Road; 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, on March 8, 2023, at a legally noticed Public Hearing, the Planning Commission voted 4-0-1 to approve Major Plot Plan No. PLN21-0290 for Ethanac and Barnett Warehouse(s); and, WHEREAS, on March 20, 2023, an application to appeal Planning Commission's approval of Major Plot Plan No. PLN21-0290 was submitted by the City of Perris; and, WHEREAS, updated Conditions of Approval for the plot plan in response to the appeal have been prepared to prohibit cold storage on -site and Transport Refrigeration Units, attached hereto as Exhibit "A" of the resolution; and WHEREAS, on May 3, 2023, the City Council of the City of Menifee held a Public Hearing on the appeal of the Planning Commission's approval of Major Plot Plan No. PLN21-0290 and continued the Public Hearing to a date certain, June 7, 2023, to allow for staff to adequately address supplemental comments received the day of the scheduled hearing from the City of Perris; and WHEREAS, on June 7, 2023, the City Council of the City of Menifee held a Public Hearing on the appeal of the Planning Commission's approval of Major Plot Plan No. PLN21-0290 and Resolution No. PC 23-582, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 800 feet of the project boundaries, on -site posting at the project site, and to persons requesting public notice. NOW THEREFORE, the City Council of the City of Menifee hereby approves the following: 1. That the City Council finds that the facts presented within the public record and within the Resolution provide the basis to deny the appeal (PLN23-0058) and uphold the Planning Commission approval of Major Plot Plan No. PLN21-0290 and Planning Commission Resolution No. PC 23-582. Appeal of Ethanac Barnett Warehouse(s) June 7, 2023 2. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department — Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code section 21081.6. PASSED, APPROVED AND ADOPTED this 7th day of June 2023. --LJA ' Bill Zimmer a , Mayor Attest: i V- nie Rosee , is ng City Clerk Approved as to form: Jefeig T. etching, City o ey Page 2 of 2 EXHIBIT "A" REVISED CONDITIONS OF APPROVAL Planning Application No.: Plot Plan No. PLN21-0290 — Ethanac and Barnett Warehouse(s) Project Description: Plot Plan No. PLN21-0290 proposes to construct two (2) 125,568 square feet (approx..) concrete tilt -up buildings, totaling 251,133 sq. ft. (approx..), which includes 20,000 sq. ft. of office space on a vacant 13.89 gross acre project site. The proposed buildings have a maximum overall height of 45 feet and each will include 15 dock -high doors and two (2) on -grade roll up doors. The project also includes 414 proposed parking spaces, on -site landscape and irrigation and full on -site and off -site improvements. Assessor's Parcel No.: 331-060-036 and 331-060-021 MSHCP Category: Industrial DIF Category: Industrial/Business Park TUMF Category: Industrial (determined by Western Riverside Council of Governments {WRCOG}) Quimby Category: N/A Approval Date: June 7, 2023 Expiration Date: June 7, 2026 Page 1 of 62 Section I: Conditions applicable to All Departments Section II: Community Development Department Section III: Engineering/Public Works Department Section IV: Building and Safety Department Section V: Riverside County Fire Department Section VI: Other Agency/Departments Page 3 of 62 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. PLN21-0290 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. PLN21-0290 dated November 16, 2022 APPROVED EXHIBIT B = Elevations for Plot Plan No. PLN21-0290 dated November 16, 2022 APPROVED EXHIBIT C = Floor Plans for Plot Plan No. PLN21-0290 dated November 16, 2022 APPROVED EXHIBIT G = Conceptual Grading Plan for Plot Plan No. PLN21-0290 dated November 16, 2022 APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for Plot Plan No. PLN21-0290 dated November 16, 2022 APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No. PLN21-0290 dated November 16, 2022 APPROVED EXHIBIT P = Photometric Plans for Plot Plan No. PLN21-0290 dated November 16, 2022 PLOT PLAN = Plot Plan No. PLN21-0290 MND = Mitigated Negative Declaration MMRP = Mitigation Monitoring & Reporting Program for MND 4. 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. 4a. Cold storage and Transport Refrigeration Units (TRU) are prohibited use(s) as a part of this plot plan. Additional environmental analysis shall be required by the tenant and/or property owner prior to the establishment of the use and the operation of TRU's; the property owner shall submit an application to modify the approved plot plan prior to the establishment of cold storage and TRU's on -site (Updated for City Council hearing May 3, 2023). 5. Causes for Revocation. In the event the use hereby permitted under this Plot Map a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 6. Property Maintenance. All parkways, including within the right-of-way, entryway, landscaping, walls, fencing, and on -site lighting shall be maintained by the property owner or maintenance association. Page 5 of 62 Section II: Community Development Department Page 7 of 62 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. 17. Bicycle Facilities: Class I or Class II bicycle parking facilities with a minimum of 14 spaces shall be provided to facilitate bicycle access to the project (17 provided). The bicycle facilities 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. a. Class I. Covered, lockable enclosures with permanently anchored racks. b. Class II. Lockable bicycle rooms with permanently anchored racks. 18. 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 within drive aisles, parking areas, or on adjacent public streets. Loading areas shall be kept free of debris and clean throughout the life of this plot plan. 19. Sign Permit Required. A sign permit has not been approved with this application. As such, the applicant shall submit a detailed sign plan in the form of a plot plan application to the Community Development Department prior to construction plan submittal to the Building and Safety Department. The proposed signage shall compliment the design of the proposed buildings. Furthermore, building permits for all signage shall be reviewed and approved by the Community Development Department to confirm conformance with Menifee Municipal Code Chapter 9.220 and the APPROVED EXHIBITS. 20. 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. 21. No Outdoor Storage. No outdoor storage is allowed within or upon the site except for truck trailers to be located at the parking areas as shown on APPROVED EXHIBIT A. Page 9 of 62 29. 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). 30. 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 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." Page 11 of 62 LANDSCAPING 33. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 34. 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. All privately maintained landscaping and irrigation plans shall be reviewed and approved by the Planning Department while all city or CFD maintained landscaping and irrigation plans shall be reviewed by the Engineering Department. 35. 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 one year after the final inspection. 36. Maintenance of Parkways and Landscaping. All landscaping and similar improvements not properly maintained by a property owners association, individual property owners, or the common area maintenance director must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. Prior to Issuance of Grading Permit 37. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director for review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the 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. 38. 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. The following two (2) conditions shall be verbatim on all grading plan submittals. 39. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture Page 13 of 62 40. AQMD Rule 402. The project developer shall implement the following measures to reduce the emissions of pollutants generated by heavy-duty diesel -powered equipment operating at the project site throughout the project construction phases. The project developer shall include in construction contracts the control measures as may be required under Rule 402, at the time of development, including the following: a. Keep all construction equipment in proper tune in accordance with manufacturer's specifications. b. Use late model heavy-duty diesel -powered equipment at the project site to the extent that it is readily available in the South Coast Air Basin (meaning that it does not have to be imported from another air basin and that the procurement of the equipment would not cause a delay in construction activities of more than two weeks). c. Use low -emission diesel fuel for all heavy-duty diesel -powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment (This measure does not apply to diesel -powered trucks traveling to and from the site). d. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas), if equipment is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment). e. Limit truck and equipment idling time to five minutes or less. f. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. g. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 41. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Building & Safety Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 42. 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 1 st through August 31 st). 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 Page 15 of 62 A. 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. B. 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. C. 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. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous 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. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. 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 Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. 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, Page 17 of 62 46. 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 Tribes 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. 47. 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. 48. 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 an electronic copy 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, an electronic copy shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and to the Consulting Tribe(s) Cultural Resources Department(s). FEES 49. Stephen's Kangaroo Rat (SKR) Fee. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 13.89 acres (gross) in accordance with APPROVED EXHIBIT 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 mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Page 19 of 62 55. Deposit 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. 56. Downspouts. All downspouts shall be internalized. Downspouts located within the truck courts and where not visible from the public right-of-way may be exempt at the discretion of the Community Development Director. 57. 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 in nature; shoe -box -type lighting will not be allowed. 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. All outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval. 58. Walls and Fencing. Walls and fences shall require anti -graffiti coatings, where applicable and as determined by the Community Development Director. 59. Roof -Mounted Equipment Plans. Roof -mounted equipment shall be shielded from ground view of the following: subject property, adjacent properties, and the adjacent rights -of -way. All building plans shall show roof -mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. 60. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site and submit to the Menifee Police Department for review and approval. The security plan for this project shall include a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be based in the building containing the management office for this development, or inside a security office or other place acceptable to the City of Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month or as approved by the Police Department. The above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project or as approved by the Police Department. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. It should be noted that high quality day/night vision LPR cameras are relatively inexpensive. The plan shall be approved prior to issuance of Building Permits. The Police Department and/or Community Development Department shall verify that the security system has been installed prior to final occupancy. In addition, the trash enclosure shall be properly secured and have a lock as well as a covering to keep unauthorized persons from entering the dumpster area. LANDSCAPING 61. Landscape and Irrigation Plans. The permittee shall submit On -site 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. Page 21 of 62 65. 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. 66.Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the State air quality management authorities. 67. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 68. 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. 69. Landscape Inspections. Prior to building permit issuance, 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. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection with the Community Development Department. The pre -landscape inspection shall be arranged at least 15 working days prior to installation of landscaping. Prior to Final Inspection 70. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director for review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the 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. 71. Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the permittee shall submit to the Community Development Department, an electronic copy 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. 72. 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 an electronic copy of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Page 23 of 62 LANDSCAPING 80. 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. 81. Landscape Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Landscape Completion Installation Inspection with the Community Development Department. The inspection shall be arranged at least 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 to conduct the inspections. 82. 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 83. 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. Page 25 of 62 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 84. Project Description — The proposed development includes construction of two industrial buildings in two parcels west of Barnett Road and South of Ethanac Road. Building A is located on the north side of the site, and Building B is located on the south side of the site. Each building has a footprint of approximately 126,000 square feet. 85. Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act. 86. 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. 87. 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. 88. Bond Replacement, Reduction, and Releases — All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. Similarly, with the exception of grading bond agreements all other agreement changes require City Council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with City Council calendar when requesting changes to the bond agreements. 89. 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. Page 27 of 62 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. 94. 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. Improvements shall include traffic signal interconnect conduit along General Plan Circulation Element roadways in accordance with City Standard Plan No. 1005 B. GRADING 95. 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. 96. 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. 97. 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. 98. Grading Permit for Disturbed Soil — City ordinance on grading requires a grading permit prior to clearing, grubbing or any topsoil disturbances related to construction grading. 99. 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. Page 29 of 62 110 Use of Maximum and Minimum Grade Criteria — Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at developer's or owner's expense. 111. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 112 Alteration of Drainage Patterns — Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off -site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks. 113. Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on -site development areas. 114. 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. 115. Geotechnical Report — The following geotechnical report was reviewed by the City a. Geotechnical Engineering Investigation, Propose Industrial Warehouse Development, Southwest Comer of Barnett Road and Ethanac Road, prepared NorCal Engineering, Project Number 22603-21, dated June 14, 2021. A 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 Page 31 of 62 and/or permissions necessary to perform offsite grading, from affected landowners; including any off -site grading to construct the necessary transitions. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. Prior to Building Permit Issuance: 123. 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. 124. No Building Permit Without Legal Lot — Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 125. Parcel Merger — The proposed development includes two parcels. Prior to issuance of any building permit, the developer / project owner shall record a parcel merger connecting the parcels. The parcel merger shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation. 126. Restricted Access — The proposed development has restricted access along Barnett Road as recorded on Parcel Map 37289. Prior to issuance of any building permit, the developer / property owner shall remove limited access at the project driveways with an acceptable recordable instrument. The document shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation. 127. Reciprocal Access Agreement — The proposed development shares two driveways and drive aisles with the adjacent Ethanac Square project. Prior to issuance of any building permit, the developer / project owner shall record a reciprocal access agreement for access between the projects along the shared project driveways and drive aisles. 128. 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. 129. 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. 130. 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. Page 33 of 62 be constructed by the developer and maintained by the City of Menifee and the Flood Control District through a cooperative agreement. The following regional storm drain facilities will be constructed: a. MDP Line A-13 - The developer / property owner is required to construct Line A-13 along Barnett Road to capture the runoff from the tributary area west of the Interstate 215 southbound onramp, South of Ethanac Road, and north and east of Line A. The proposed lateral is shown on the Drainage Study Map in the above referenced Preliminary Drainage Study. The report indicates the line will be constructed of 36-inch diameter reinforced concrete pipe (RCP), and it will connect to the existing Line A13 on the north side of Ethanac Road. This drainage concept and the associated drainage study shall be subject to the Flood Control District review and approval. Line A is owned and maintained by the Flood Control District, and connection to this master line requires approval and a permit from the Flood Control District. The developer / property owner may apply for credit from the Flood Control District for building the storm drain lines that connect to Line A; however, the design shall be reviewed and approved by the Flood Control District. The developer / property owner understands that the proposed drainage concept / study will be considered "at risk" if, during the Final Engineering stage, the proposed drainage concept / study is not approved by the Flood Control District. In such a scenario, the Flood Control District will not accept the proposed storm drain lines connecting to Line A and no credit will be granted for building the facilities. In such a scenario, the developer / property owner will still be responsible for any and all work and costs that are required for the project to have an adequate outlet for the increased drainage flows generated by the new development. The proposed Line A-13 improvements will cross the City of Menifee and City of Perris boundary along the centerline of Ethanac Road and may cross the city boundary along Barnett Road. Encroachment permits and coordination with the City of Perris will be required for approval of the improvement plans. The developer / property owner shall be responsible for coordinating all permitting activities that will be required. 137. Completion of Drainage Improvements - All onsite and offsite water quality / drainage systems must be constructed and operational prior to the issuance of any certificate of occupancy. 138. MDP and ADP - Prior to initiation of the final construction drawings for those facilities required to be built as part of the Romoland MDP and Homeland / Romoland ADP, the developer shall contact the Flood Control District to ascertain the terms and conditions of design, construction, inspection, transfer of ROW, project credit in lieu of charges and reimbursement schedules which may apply. The developer acknowledges that if the estimated cost for required MDP / ADP facilities exceeds the required ADP fees and the developer wishes to receive credit for reimbursement in excess of their fees, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the Public Works / Engineering Department and the Flood Control District. Page 35 of 62 mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 144. 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. 145. 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 from the site shall not flow over the proposed parkway or within the driveway approach. D. LANDSCAPING 146. Maintenance of Landscaping —All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Community Facilities District, or other mechanism as determined by the City of Menifee. E. STREETS AND DEDICATIONS 147. 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 Barnett Road and Ethanac Road along the project frontage. Turning movements at driveways will be as approved by the Public Works Director / City Engineer. Raised medians will be required to restrict turning movements based on the roadway General Plan Designation or where deemed necessary for public health and safety. The developer is responsible to obtain all right of way necessary to accommodate the required improvements. Vehicular access to the project as shown on the Plot Plan will be provided via four driveways: three on Barnett Road and one on Ethanac Road. The following driveway designations are from the approved Traffic Impact Analysis report: • Driveway #1 is located along the south side of Ethanac Road and is shared with the adjacent Ethanac Square project. • Driveway #2 is located along the west side of Barnett Road at the northern end of Building A and is shared with the adjacent Ethanac Square project. • Driveway #3 is located along the west side of Barnett Road between Building A and Building B. • Driveway #4 is located along the west side of Barnett Road at the south end of Building B. a) Barnett Road — Barnett Road shall be improved along the project frontage to a Secondary (4 lane) designation with an ultimate half -width Right of Way of 50 feet, width of 36 feet paved curb to centerline, and a 14 foot landscaped parkway with a 6 foot sidewalk. The improvements shall include the necessary offsite transitions to the existing pavement width, as approved by the Public Page 37 of 62 d) Per Conditions 147a and 147b, this project is required to construct street improvements on Barnett Road and Ethanac Road along the project frontage, including offsite pavement transitions and improvements. Given the location of the shared driveways at the eastern limits (along Ethanac) and northern limits (along Barnett) of this property/project, the pavement transitions designed in accordance with the latest edition of the California Highway Design Manual will require this project to construct the pavement to its ultimate half -width. This project developer shall construct the widening of the south leg of the intersection of Ethanac & Barnett to accommodate two northbound lanes that will consist of one dedicated left turn lane and one dedicated right turn lane (added for March 8, 2023 PC Hearing). e) The project developer shall pay a fair share contribution equal to 4.22% for the design and construction of the future realignment of Barnett Road from Ethanac Road south to its point of connection to the existing alignment (added for March 8, 2023 PC Hearing). 148. 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. The preliminary pavement design shown on the plans shall be based on R-Value testing of representative soils. The final pavement design shall be performed following grading and be based on R-Value testing of subgrade soils at locations approved by the City's Public Works Inspector, and the approved Traffic Index (T.I.). 149. Driveways - 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. As outlined in the following conditions, medians may be required to restrict turning movements for public safety purposes as determined by the Public Works Director / City Engineer. 150. Acceptance of Public Roadway Dedication and Improvements — Easements and right - of way for public roadways shall be granted to the City through an acceptable recordable instrument. The easements shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation. 151. 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. 152. 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. 153. 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. Page 39 of 62 162. Ethanac Road Improvements — Improvements on Ethanac Road fronting the development shall be completed to a Expressway (6 lane) designation with an ultimate half -width Right of Way of 100 feet and 68 feet paved curb to centerline with a raised median, prior to issuance of Certificate of Occupancy. The improvements shall be adequately transitioned to the existing or proposed street improvements. 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. 163. Driveways and Driveway Approaches — Driveways and Driveway Approaches as shown on the approved plot plan 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 and meet spacing requirements as well as other City requirements. F. TRAFFIC ENGINEERING 164. 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 following Traffic Study was reviewed and approved by the City: a. Ethanac/Barnett Warehouse Project, Traffic Impact Analysis Report, prepared by Environment Planning Development Solutions, Inc., dated January 5, 2023. 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: 165. 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. 166. Signing and Striping Plan — Prior to issuance of a construction permit, any necessary signing and striping for Barnett Road and Ethanac Road or any offsite improvements shall be approved by the Public Works Director / City Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 167. 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. Page 41 of 62 centerline, including the necessary offsite transitions to the existing pavement width as approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. c. Ethanac Road Driveway #1 (Right -in, Right -out only) — Construct the following improvements at the Ethanac Road driveway intersection: i. Eastbound: Two through lanes, one shared through / right turn lane ii. Westbound: Existing Geometrics to remain iii. Northbound: One right turn lane d. Barnett Road Driveway #2 (Right -in, Right -out only) — Construct the following improvements at the northern Barnett Road driveway intersection including a raised median to restrict turns: i. Northbound: One through lane ii. Southbound: One through lane, One shared through / right turn lane iii. Eastbound: One right turn lane e. Barnett Road Driveway #3 — Construct the following improvements at the middle Barnett Road driveway intersection: i. Northbound: One through lane, one left turn pocket ii. Southbound: One through lane, one shared through / right turn lane iii. Eastbound: One shared right turn / left turn lane Barnett Road Driveway #4 — Construct the following improvements at the southern Barnett Road driveway intersection: i. Northbound: One through lane, one left turn pocket ii. Southbound: One through lane, one shared through / right turn lane iii. East bound: One shared right turn / left turn lane 171. Cost Participation through Payment of Fair Share — Prior to issuance of any certificate of occupancy, the developer / property owner shall pay fair share costs for the offsite improvements as required by the approved Traffic Impact Analysis as follows: a. Barnett Road / Ethanac Road / Case Road: The developer / property owner shall pay a fair share to widen and restripe the intersection to provide an exclusive northbound to eastbound right -turn lane and a shared thru-left turn lane. The fair share shall include any needed modifications to the traffic signal. The fair share is 4.22% of the total cost of the improvements with the following geometrics: i. Northbound: One shared through / left turn lane, one right turn lane ii. Southbound: Existing geometrics to remain iii. Eastbound: Existing geometrics to remain iv. Westbound: Existing geometrics to remain b. Ethanac Road between Case Road and 1-215 Southbound Ramps: The developer / property owner shall pay a fair share to widen the roadway between Case Road and the 1-215 southbound ramps including any needed modifications to the traffic signal and the raised median. The fair share is 2.48% of the total cost of the improvements with the following geometrics: i. Westbound: Three through lanes ii. Eastbound: Three through lanes Page 43 of 62 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. 174. 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 (httDs://www.waterboards.ca.aov/water issues/program s/stormwater/trash implementati on.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: 175. 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, Phelan-Bamett, prepared by SDH & Associates, Inc., dated March 7, 2022. 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 176. 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. Page 45 of 62 181. 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. 182. 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. 183. Onsite and Offsite Sewer, Water and Recycled Water Improvements —All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit and approval of improvement plans. 184. 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. 185 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) Prior to Final Map Recordation: 186. Annexation to the Citywide Community Facilities District (CFD) — Prior to building permit, 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, streets, drainage facilities, water quality BMPs, 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. 187. 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 occupancy. 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. 188. 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 Page 47 of 62 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: 194. 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/fagade, 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. 195. 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 Any Certificate of Occupancy 196. 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 Page 49 of 62 Section IV: Building and Safety Department Conditions of Approval Page 51 of 62 351. 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. 352 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:OOpm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 353. 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. 354. 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 355. Submitting Plans and Calculations. Applicant must submit to Building & Safety one (1) complete set of each document listed below for electronic submittals or, seven (7) complete sets of plans and two (2) sets of supporting documents, two (2) sets of calculations for review including: All plans shall be submitted on minimum 24" x 36" size paper or digital equivalent. General Requirements a. All sheets of the plans and the first sheet of the calculations are required to be signed by the licensed architect or engineer responsible for the plan preparation. (Business & Professions Code 5802), (Business & Professions Code 5536.1, 5802, & 6735) Cover Sheet b. Vicinity Map c. Parcel number and Site Address d. Business Name e. Building data: Building Type of Construction, Square Feet of leased area intended use/occupancy, occupant loads, Building Code Data: 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Green Building Code, 2022 California Energy Code, and 2022 California Fire Code. f. List any flammable/combustible materials, chemicals, toxics, or hazardous materials used or stored and total quantities or each, including MSDS reports. g. Indicate if the building has a fire sprinkler system. Page 53 of 62 Prior to Final Inspection 363. Each department that has conditions shall have completed and approved the final inspection prior to requesting the final inspection by the Building and Safety Department. Page 55 of 62 364. FIRE DEPARTMENT ACCESS- Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 365. FIRE DEPARTMENT TEMPLATE- Provide fire department access road turn template throughout the site showing the outside radius 38' and inside 14'. 366. SURFACE LOAD AND CAPABILITIES- Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [80,000-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. 367. GATES- Gate access shall be equipped with a rapid entry system to include OPTICOM and Knox Electric switches. Plan shall be submitted to the Fire Department for approval prior to installation. Automatictmanual gate pins shall be rated with shear pin force, not to exceed 30 pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 368. SECONDARY ACCESS- shall be provided in the interest of public safety. The project shall provide an alternate or secondary access. 369. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICLE CLEARANCE- Fire apparatus access roads shall have an unobstructed driving surface width of not less than 24 feet, exclusive of shoulders, with an unobstructed vertical clearance of 13 feet 6 inches. 370. AERIAL FIRE APPARTATUS ACCESS ROADS- Where the vertical distance between grade plane and the highest roof surface exceeds 30 feet, approved aerial fire apparatus access roads shall be provided. Aerial fire apparatus access roads shall have unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. 371. BLUE DOT REFLECTORS- Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. 372. HYDRANT LOCATION- Fire Hydrants shall be located within 400' of all exterior portions of the structures without sprinkler systems, measured along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by the California Fire Code and Riverside County Fire Department. 373. HYDRANT FIRE FLOW- Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department standards. 374. WATER MAINS- The water mains shall be capable of providing required fire flow. 375 WATER VERIFICATION- The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Page 57 of 62 Section VI: Other Agency/Department Conditions of Approval Page 59 of 62 REMOVAUABANDONNIENT OF ANYEXISTING ONN"I'S AND WELLS: Any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with DEH. ENVIRONMENTAL CLEANUP PROGRAMS As part of the services offered to Contract Cities, the Department of Environmental Ilealth Environmental Cleanup Programs (ECP) conducts environmental reviews on planning projects to ensure that existing site conditions will not negatively affect human health or the environment. The objective of the environmental reviews is: to determine if there are potential sources of environmental and/or human exposures associated with the project, identify the significance of potential adverse effects from the contaminants, and evaluate the adequacy of mitigation measures for minimizing exposures and potential adverse effects from existing contamination and/or hazardous substance handling. HAZARDOUS ;NIATh:RI.M.S MANAGENI ?NT BRANCII 01MMB) Prior to building permit final, this facility shall be required to contact and have a review conducted by the Hazardous Materials Management Branch (HMMB). A business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances will be required. If further review of the site indicates additional envirotunental health issues,11MMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 359-5055 to obtain information regarding any additional requirements. For this project, the City of Menifee is taking on the responsibility to review the above aspects of the project. Should you have any further questions about this letter or require further assistance, please contact me by email at kakim@.;rivco.org or by phone at (951) 955-8980. Sincerely, Kristine Kim, Supervising REHS Environmental Cleanup Program City of Menifee PLN21-0290 and PLN21-0291 Page 61 of 62 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 23-1330 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 711 Day of June 2023 by the following vote: Ayes: Deines, Karwin, Sobek, Zimmerman Noes: Estrada Absent: None Abstain: None e Aieoseen, Acting City Clerk