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PC24-620RESOLUTION NO. PC 24-620 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING MAJOR PLOT PLAN NO. PLN22-0289 AND MAJOR CONDITIONAL USE PERMIT NO. PLN22- 0288, FOR THE MISTER CAR WASH AND DAY CARE LOCATED SOUTH OF NEWPORT ROAD, NORTH OF ROCKPORT ROAD AND WEST OF LAGUNA VISTA DRIVE (APN: 364-290-009, 364-390-010, 364-390-011, AND 364-390-012) WHEREAS, on July 29, 2015, the City of Menifee Planning Commission approved Plot Plan ("PP") No. 2014-092 for the construction of the Shoppes at the Lakes Commercial Center for two phases consisting of a Stater Bros Grocery Store, CVS Pharmacy, five pad buildings (four of which are drive-thrus) and two shops buildings within phase one, and two additional shops buildings in phase two; and WHEREAS on December 21, 2022, the applicant, Trevor Buhl, on behalf of Mister Car Wash, filed a formal application with the City of Menifee for the approval of Major PP No. PLN22-0289 and Major Conditional Use Permit (CUP) No. PLN22-0288 for the construction of a new 5,434 square foot drive-thru Mister Car Wash, an 11,992 square foot Day Care with a 9,795 square foot playground area (Project) and full site improvements (including site landscaping and parking lot); and WHEREAS, on February 28, 2022, the Planning Commission of the City of Menifee held the public hearing on CUP No. PLN22-0288 and Major PP No. PLN22- 0289, considered all public testimony as well as all materials in the staff report and accompanying documents for the CUP and Major PP, 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 on -site posting. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Major Plot Plan Findings Section 1: The proposed project is consistent with the adopted General Plan and any applicable specific plan. Consistency with General Plan The project site zoning classification and General Plan land use designation is Menifee East Specific Plan (SP-247), Planning Area (PA) 1. Pa 1 is intended for neighborhood - oriented commercial, and office uses that support residential communities and development in the vicinity of this major traffic corridor. The commercial retail establishment will serve the adjacent residential communities and local businesses. The project is consistent with the General Plan land use designation and is compatible with surrounding General Plan land uses. In addition, the project is consistent with the following City of Menifee General Plan policies: Mister Car Wash and Day Care February 28, 2024 Project Design/ Building Design CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. The Newport Road Corridor is intended to provide neighborhood -oriented commercial uses that support the adjacent residential development. The property is located within an existing commercial center. The Project site is adjacent to existing residential uses, however, the nearest residential use is over 200 feet away and the car wash has been conditioned to limit operating hours from 6am to 10pm to reduce noise and vehicular traffic at night and an attendant will regularly monitor for noise, litter and other nuisances. • 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. • CD-3.18: Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway, commercial, agricultural, and industrial uses. The architecture of the proposed Project buildings have built-in special building form elements including towers, stone veneer and enhancement materials. The overall architecture of the existing Shoppes at the Lakes Commercial Center is incorporated into the design of the Project buildings, including the aforementioned tower, stone veneer and other enhanced materials including metal canopies over windows, paint colors, roof gables and trim materials and design. Additionally, the City of Menifee Municipal Code ("MMC") requires that the car wash is a minimum of 150 feet away from existing residential structures. Community Design Features - Lighting CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. The Project is required to include lighting that is consistent with existing on -site lighting fixtures and security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Adequate onsite lighting will be provided for security and visibility. The Project has been conditioned for all lighting fixtures to comply with Ordinance No. 2009-24, "Dark Sky Ordinance", which will have the effect of limiting leakage and spillage of light and will utilize similar lighting fixtures as the existing center. Mister Car Wash and Day Care February 28, 2024 Section 2: Consistency with the Development Code. The Plot Plan meets all applicable standards for development and provisions of the Development Code: The zoning classification and General Plan land use'designation for the site is SP-247, PA 1. As previously stated, the PA 1 is intended for neighborhood -oriented commercial and office uses that support residential communities and development in the vicinity of this major traffic corridor. A car wash is a conditionally permitted use while a day care is a permitted use in the specific plan. The General Plan Land Use Designation and Zoning classification of the SP-247, PA 1 are consistent and compatible with one another. The Project meets all the Development Code standards of Title 9, including but not limited to, parking requirements, setbacks, landscape coverage, floor area ratio (FAR) and height requirements of SP-247 and Menifee Municipal Code. The Project is compatible with the surrounding commercial land uses. The Project incorporates architecture and landscaping which will enhance the area. Section 3: Surrounding Uses. The establishment, maintenance, or operation of the proposed Project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. The Project is compatible with the surrounding land uses, and is adequately sized, shaped, and designed to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes a use that is compatible with adjacent commercial uses and will serve surroundings residents and businesses. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development Department, Engineering and Public Works Department, Fire Department, Menifee Police Department, and Riverside County Environmental Health Department. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Therefore, the Project would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The Project is consistent with the zoning code. Section 4: Compliance with California Environmental Quality Act ("CEQA'). Processing and approval of the permit application are in compliance with the requirements of CEQA. The Project is exempt from CEQA per Section 15332 "In -Fill Development Projects". This exemption is for projects characterized as in -fill development meeting the following conditions: a) the Project is consistent with the applicable general plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations; b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c) the Project site has no value as habitat for endangered, rare or threatened species; d) approval of the Project would not result in any significant effects related to traffic, noise, air quality, or water quality; and e) the site can be adequately served by all required utilities and public Mister Car Wash and Day Care February 28, 2024 services. The proposed Project is consistent with the applicable General Plan, Specific Plan and Zoning Designations for the project site along with any applicable development standards. The Project is located within the City of Menifee boundaries and is surrounded on the north and west by an existing commercial center and to the east and south by existing residential developments. The Project will not result in any impacts to traffic, noise, air quality or water quality as a traffic memorandum was prepared noting a traffic study is not required, existing residential is screened from the car wash by landscaping and a perimeter block wall around the adjacent residential sites, no hazardous materials are proposed on site affecting air quality, and the Project has prepared a water quality plan to tie into the existing commercial center's approved Water Quality Management Plan from when it was approved by the City of Menifee in 2015. Additionally, the site will be served by all required utilities, including power, water and sewer. Therefore, the proposed Project is categorically exempt from CEQA under Section 15332 "In -Fill Development Projects". Conditional Use Permit Findings Section 5: Consistency with the General Plan. The proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan: Consistency with General Plan The Project site zoning classification and General Plan land use designation is Menifee East Specific Plan (SP-247), Planning Area (PA) 1. Pa 1 is intended for neighborhood - oriented commercial, and office uses that support residential communities and development in the vicinity of this major traffic corridor. The commercial retail establishment will serve the adjacent residential communities and local businesses. The Project is consistent with the General Plan land use designation and is compatible with surrounding General Plan land uses. In addition, the Project is consistent with the following City of Menifee General Plan policies: Project Design/ Building Design • CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. The Newport Road Corridor is intended to provide neighborhood -oriented commercial uses that support the adjacent residential development. The property is located within an existing commercial center. The Project site is adjacent to existing residential uses, however, the nearest residential use is over 200 feet away and the car wash has been conditioned to limit operating hours from 6am to 10pm to reduce noise and vehicular traffic at night and an attendant will regularly monitor for noise, litter and other nuisances. • 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. Mister Car Wash and Day Care February 28, 2024 • CD-3.18: Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway, commercial, agricultural, and industrial uses. The architecture of the proposed Project buildings have built-in special building form elements including towers, stone veneer and enhancement materials. The overall architecture of the existing Shoppes at the Lakes Commercial Center is incorporated into the design of the Project buildings including the aforementioned tower, stone veneer and other enhanced materials including metal canopies over windows, paint colors, roof gables and trim materials and design. Additionally, the MMC requires that the car wash is a minimum of 150 feet away from existing residential structures. Community Design Features - Lighting CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. The Project is required to include lighting that is consistent with existing on -site lighting fixtures and security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Adequate onsite lighting will be provided for security and visibility. The Project has been conditioned for all lighting fixtures to comply with Ordinance No. 2009-24, "Dark Sky Ordinance", which will have the effect of limiting leakage and spillage of light and will utilize similar lighting fixtures as the existing center. Section 6: The proposed design and location of the conditional use meet all applicable standards of development and operation of the City's Zoning Code, including any applicable specific use regulations. The zoning classification and General Plan land use designation for the site is SP-247, PA 1. As previously stated, the PA 1 is intended for neighborhood -oriented commercial and office uses that support residential communities and development in the vicinity of this major traffic corridor. A car wash is a conditionally permitted use while a day care is a permitted use in the specific plan. The General Plan Land Use Designation and Zoning classification of the SP-247, PA 1 are consistent and compatible with one another. The Project meets all the Development Code standards of Title 9, including but not limited to, parking requirements, setbacks, landscape coverage, FAR, and height requirements of the SP-247 and MMC. The Project is compatible with the surrounding commercial land uses to the north and west along with residential uses to the south and east. The Project incorporates architecture and landscaping which will enhance the area. Mister Car Wash and Day Care February 28, 2024 Section 7: That the proposed site is adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity. The Project is compatible with the surrounding land uses, and is adequately sized, shaped, and designed to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes a use that is compatible with adjacent commercial uses and will serve surroundings residents and businesses. The Project has also been conditioned with specific operating hours and on -site attendants during operations to monitor noise, traffic and litter levels as required by the MMC. Therefore, the Project is consistent with the existing and planned uses in the community. Section 8: That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development Department, Engineering and Public Works Department, Fire Department, Menifee Police Department, and Riverside County Environmental Health Department. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations. Therefore, the Project would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The Project is consistent with the Zoning Code, General Plan and SP-247. Section 9: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of CEQA. The Project is exempt from CEQA per Section 15332 "In -Fill Development Projects". This exemption is for projects characterized as in -fill development meeting the following conditions: a) the Project is consistent with the applicable general plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations; b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c) the Project site has no value as habitat for endangered, rare or threatened species; d) approval of the Project would not result in any significant effects related to traffic, noise, air quality, or water quality; and e) the site can be adequately served by all required utilities and public services. The proposed Project is consistent with the applicable General Plan, Specific Plan and Zoning Designations for the Project site along with any applicable development standards. The Project is located within the City of Menifee boundaries and is surrounded on the north and west by an existing commercial center and to the east and south by existing residential developments. The Project will not result in any impacts to traffic, noise, air quality or water quality as a traffic memorandum was prepared noting a Mister Car Wash and Day Care February 28, 2024 traffic study is not required, existing residential is screened from the car wash by landscaping and a perimeter block wall around the adjacent residential sites, no hazardous materials are proposed on site affecting air quality, and the Project has prepared a water quality plan to tie into the existing commercial center's approved Water Quality Management Plan from when it was approved by the City of Menifee in 2015. Additionally, the site will be served by all required utilities, including power, water and sewer. Therefore, the proposed Project is categorically exempt from CEQA under Section 15332 "In -Fill Development Projects". BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby approves Major PP No. PLN22-0289 and CUP No. PLN22-0288 subject to the following: 1. The Findings set out above are true and correct. 2. Major PP No. PLN22-0289 and CUP No. PLN22-0288 are hereby approved subject to the Conditions of Approval set forth in Exhibit "A" of this resolution. PASSED, APPROVED AND ADOPTED this 28th day of February, 2024. _ZVZ---- _Z Due, Chairman A a�fiel Valencia, Administrative Assistant Approved as to form: Tha han, Assistant City Attorney EXHIBIT "1" CONDITIONS OF APPROVAL Planning Application No.: Major Conditional Use Permit No. PLN22-0288 and Major Plot Plan No. PLN22-0289 Project Description: Major Conditional Use Permit (CUP) PLN22-0288 and Major Plot Plan (Plot Plan) PLN22-0289 proposes the construction of a new 5,434 square foot Express Car Wash (Mister Car Wash) with associated vacuum stalls and an 11,992 square foot Day Care with a 9,795 square foot play area within the existing Shoppes at the Lakes Commercial Center on the southeast corner of Newport Road and Menifee Road. The project site is located in the existing Shoppes at the Lakes Commercial Center within Planning Area (PA)1 of the Menifee East Specific Plan No. 247 (SP-247) on the southeast corner of Newport Road and Menifee Road (APN's: 364-390-009, 364-390-012, 364- 390-010, and 364-390-011. The proposed Mister Car Wash and Day Care buildings will be located in the southeast corner of the Shoppes at the Lakes Commercial Center adjacent to the existing retention basin and south of the CVS and Del Taco buildings. Assessor's Parcel No.: 364-390-009, 364-390-012, 364-390-010, and 364-390-011 MSHCP Category: Non-residential (Commercial) DIF Category: Commercial Retail TUMF Category: Determined by Western Riverside Council of Governments (WRCOG) Quimby Category: N/A Approval Date: February 28, 2024 Expiration Date: February 28, 2027 Section I: Community Development Department Conditions of Approval Section II: Engineering/Grading/Transportation Conditions of Approval Section III: Building and Safety Department Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section I: Community Development Department Conditions of Approval GENERAL CONDITIONS Indemnification. Within 48 hours of project approval, the Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. 2. Filing Notice of Determination or Exemption. Within 48 hours of project approval, the Planning Division will determine the appropriate fees for the Notice of Determination (NOD) or Notice of Exemption (NOE) filing and request the payment of fees to the City of Menifee in the form of a check or cash. Upon receipt of payment, the Planning Division will file the NOD or NOE with the relevant agencies as required under Public Resources Code, California Code of Regulations and California Fish and Game Code. 3. Exhibits. The project shall be constructed as approved by the Planning Commission on February 28, 2024, and as shown in Attachment No. 1 in the accompanying staff report. Any subsequent changes shall be processed per Menifee Municipal Code Section 9.30.120 Modifications to Previously Approved Permits. 4. Ninety (90) Days. The applicant 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. Subsequent Submittals. Any subsequent submittals required by these Conditions of Approval, including but not limited to grading plan, building plan or mitigation monitoring review and appropriate fees paid as may be in effect at the time of submittal, as required by Resolution No. 22- 1229 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 6. Expiration Date. This approval shall become null and void three (3) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection or an extension of time application has been submitted to the Planning Division prior to the expiration date. Extensions may be granted per Menifee Municipal Code. 7. Modifications or Revisions. The applicant shall obtain City approval for any modifications or revisions to the approval of this project. 8. Comply with Ordinances. This project shall comply with the standards of the City of Menifee Development Code, City of Menifee Municipal Code, City of Menifee Design Guidelines and all other applicable ordinances and State and Federal codes and regulations. 9. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way and so as to prevent either the spillage of lumens or reflection into the sky. 10. Hours of Operation. Hours of operation shall be limited to 6:00 am to 10:00 pm. Water and electrical systems shall automatically shut off during non -business hours, except for security and fire protection. 11. Phases. Construction of this project may be done progressively in phases provided a phasing map is submitted with appropriate fees to the Planning Division and approved prior to issuance of any building permits. 12 Outdoor Storage. No outdoor storage is allowed unless otherwise approved as part of the project. 13. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact, Multi -Species Habitat Conservation Plan (MSHCP), Quimby, Stephen's Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP). 14 Outside Agencies. The applicant shall comply with all comments and conditions of approval from any responsible agencies as shown in the attached letters from associated agencies. 15. Anti -Graffiti Coating. An anti -graffiti coating shall be provided on all block walls constructed as part of any phase of the Project, and written verification from the developer shall be provided to the Community Development. 16. Property Maintenance. All parkways, entryway medians, on -site and off -site landscaping, walls, fencing, recreational facilities, basins, and on -site lighting shall be maintained by the owner or private entity or the City of Menifee Community Facilities District (CFD). 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. The land divider, or any successor -in -interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner's association, or any other successor -in -interest. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee. 17. Business Registration. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license. For more information regarding business registration, contact the Finance Department. ARCHEOLOGY 18. 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. 19. 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). 20. 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." 21. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation -In -Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, items of Native American Cultural Patrimony, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 22. Inadvertent Paleontological Find. In the event that fossils or fossil -bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan. 23. 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). 24. 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. PRIOR TO ISSUANCE OF GRADING PERMIT 25. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. a. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. b. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. c. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: d. Project grading and development scheduling; i. The Project archeologist and the Consulting Tribes(s) shall attend the pre -grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available ii. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 26. Native American Monitoring (Pechanga/Soboba). Tribal monitor(s) shall be required on -site during all ground -disturbing activities which are below the depths of the previous mass grading. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Indians and Soboba band Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The applicant shall be responsible for all curation costs. 27. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The applicant shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist for any ground disturbance activities on -site during ground disturbing activities which are below the depths of the previous mass grading. A cross section of grading depth will be required on the grading permit plans when submitted for review showing previous graded depth and proposed grading depth. If grading depth is determined to be below the previous mass grade depth, this condition will be required to be satisfied. The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: • 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. 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. • 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. • 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. • 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. 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. 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 (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. A signed original copy of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. 28. Pre -Grading Meeting. The qualified archaeologist shall attend the pre -grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. 29. Burrowing Owl Pre -Construction Survey. The Project Developer shall retain a qualified biologist to conduct a pre -construction survey for Burrowing Owl within 30 days prior to the start of construction. The results of the single one -day survey would be submitted to the City prior to obtaining a grading permit. If Burrowing Owl are not detected during the pre -construction survey, no further mitigation is required. If Burrowing Owl are detected during the pre -construction survey, the Project applicant and a qualified consulting biologist will be required to prepare and submit for approval a Burrowing Owl relocation program. 30. Nesting Bird Pre -Construction Survey. Prior to vegetation clearance, the Project applicant shall retain a qualified biologist to conduct a pre -construction nesting bird survey in accordance with the following: a) The final walkover survey shall be conducted no more than three (3) days prior to the initiation of clearance/construction work; b) If pre -construction surveys indicate that bird nests are not present or are inactive, or if potential habitat is unoccupied, no further mitigation is required; c) If active nesting birds are found during the surveys, a species -specific no -disturbance buffer zone shall be established by a qualified biologist around active nests until a qualified biologist determines that all young have fledged (i.e., no longer reliant upon the nest). d) It is recommended that close coordination between the developer of the site, the City of Menifee, the project engineer, and the consulting qualified biologist to consider vegetation clearance outside of the normal bird nesting season (usually February 1 — August 31) to avoid impacts to nesting birds which would potentially violate the federal Migratory Bird Treaty Act. It should be noted that bird nesting season is increasingly less -definitive for some year-round resident species such as hummingbirds and raptors. Further, ground -dwelling birds such as burrowing owls, can be affected nearly any time of the year if present. It is therefore advisable to conduct a preconstruction bird survey no matter the time of year. e) Removal of vegetation necessitates installation of appropriate Storm Water Pollution Prevention Plan "SWPPP" measures, particularly if development subsequent to grading is not undertaken immediately, therefore careful timing of the project schedule and implementation measures is necessary to avoid water quality impacts. 31. Stockpiling/Staging. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from existing residential dwellings. Prior to Building Permit Issuance 32. Processing Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant. 33. Lighting. Light fixtures shall be decorative and consistent with the City of Menifee Design Guidelines and included in the Building and Safety plans. Architecturally appropriate themed lighting fixtures shall be located along the project roads, project entrances, walkways, open space areas and other focal points on the project site and shall be subject to Community Development Department review and approval. 34. Playground Fence. Prior to building permit issuance, the applicant shall submit a proposed fence design and material on the final landscape and irrigation plans. The fence must be consistent with the City of Menifee Municipal Code. 35. Parking Lot Landscaping. Prior to building permit issuance, the applicant shall update the landscaping on the southern parking lot of the project site to include shade trees, brush and groundcover within planters consistent with the City of Menifee Municipal Code. Landscaping shall also be included between the day care playground fence and the sidewalk to screen the fence. 36. Bicycle Parking. Prior to building permit issuance, the applicant will provide two bicycle parking racks (3 available spaces for the day care and two available spaces for the car wash) 37. Car Wash Gable Trim. Prior to building permit issuance, the applicant will propose a white trim underneath the gable on the tower elements of the structure to match the day care building and the remainder of the center. 38. Reciprocal Access. Prior to building permit issuance, the applicant shall enter into a reciprocal access agreement allowing for shared parking, vehicle and pedestrian access across all parcels or provide documentation if the access is already guaranteed and recorded. 39. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi -Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen's Kangaroo Rat (KRAT), School Fees (Perris Union High School District, Menifee Union School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP). 40 Roof -Mounted Equipment Plans. Prior to issuance of certificate of occupancy, Community Development staff will verify that all roof mounted equipment will be screened in compliance with approved plans. 41. Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building. 42. Screening of Accessory Structures. Screening of accessory structures (including mechanical equipment) shall be compatible in color and materials to primary structures. 43. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for each site (Car Wash and Day Care). The security plan for this project shall include a comprehensive security camera system that clearly depicts the parking field associated with the Car Wash and Day Care. This security camera system shall be based in each building for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month or as approved by the Menifee Police Department. The plan shall be approved prior to issuance of Building Permits. 44. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the applicant provides to the Building and Safety Division and the Planning Division 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. Landscaping 45. Landscaping Submittals. Final landscape plan submittals are divided into two different processes. All on -site landscaping plans shall be submitted to the Planning Department for review and approval. The on -site landscaping shall include any basins, streetscape, open space and planters on private property that is maintained by the property owner or private entity (HOA or Common Maintenance Entity/Association). All off -site landscaping plans shall be submitted to the Engineering and Public Works Department for review and approval. Off -site plans shall include landscaping in areas maintained by the Community Facilities District (CFD) and are located within the City of Menifee Right -of -Way which can include streetscape, basins or slopes. 46. Minor Plot Plans. Prior to building permit issuance, the applicant shall submit the following minor plot plan applications to the Planning Division (pursuant to Menifee Municipal Code) for review and approval. The fee for each submittal will be determined by Resolution No. 22-1229 Cost of Services Fee Study and Planning Division Fee Schedule at the time of application submittal. Minor Plot Plan Submittals include: A. On -Site Landscaping — all Property Owner maintained landscaping and irrigation. Performance Securities will be required prior to approval of this minor plot plan. Additional submittal requirements can be found in the minor plot plan submittal checklist found on the Community Development Department's website. All minor plot plans must be approved prior to the issuance of any building permit. 47. Landscape Inspections. Prior to issuance of Building Permits, the Applicant shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre -installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. 48. Performance Securities (Bonds). Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings and irrigation system in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and City staff. The applicant 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. 49. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. 50. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blown 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. Prior to Final Inspection 51. Processing Fees. Prior to issuance of building permits, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant. 52. Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the applicant 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 on Riverside County's Paleontology Consultant List. A deposit for the review of the report will be required. 53. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi -Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen's Kangaroo Rat (KRAT), School Fees (Perris Union High School District, Menifee Union School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP). 54. Final Planning Inspection. The applicant shall obtain final occupancy sign -off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, decorative paving, public plazas, etc. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. Landscaping 55. Soil Management Plan. The applicant shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 56. Landscaping. All landscape planting and irrigation shall be installed and inspected in accordance with approved exhibits and Menifee Municipal Code. 57. Processing Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit -based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant. Section II: Engineering/Grading/Transportation Conditions of Approval The following are the Public Works Engineering Department Conditions of Approval for this development, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS 58. Guarantee for Required Improvements Prior to grading permit issuance, financial security shall be provided to guarantee the construction of all required improvements associated with each phase of construction. The Public Works Director may require the dedication and construction of necessary utilities, streets or other improvements outside the area of project boundary if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development. 59. Bond Agreements and Improvement Security — To guarantee the construction of all required improvements, the developer/property owner shall enter into security agreements and post bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not be limited to, the following: onsite/offsite grading, streetlights, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. 60. Existing 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. 61. Parcel Mergers — Prior to issuance of the grading permit for the car wash, the parcel merger associated with Assessor's Parcel Numbers 364-390-010 and 364-390-011 shall be submitted for review. Prior to issuance of the certificate of occupancy for the car wash, the parcel mergers associated with Assessor's Parcel Numbers 364-390-010 and 364-390-011 shall be recorded and a copy of the recorded document provided to the City. 62. Parcel Mergers - Prior to issuance of the grading permit for the day care, the parcel merger associated with Assessor's Parcel Numbers 364-390-009 and 364-390-012 shall be submitted for review. Prior to issuance of the certificate of occupancy for the day care, the parcel mergers associated with Assessor's Parcel Numbers 364-390-009 and 364-390-012 shall be recorded and a copy of the recorded document provided to the City. 63. Engineered Plans - All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 64. Plan Check Submittal Process — Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies/reports, references, fees, deposits, etc. All large format plans shall be bulk folded to 9"x12". Ascanned image of all final approved grading and improvement plans on a USB drive shall be provided to the City. 65. Plan Approvals — All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the City Engineer. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 66. As -Built Plans — Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as -built all project plans, and submit project base line of work for all layers in Auto CAD DXF format on USB to the Public Works / Engineering Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as -built plans. The timing for submitting the as -built plans shall be as determined by the City Engineer. 67. Construction Activities and Times of Operation. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 6:30 a.m. to 7:30 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director 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 Inspector prior to start of any construction activities for this site. 68. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. B. GRADING All grading activities shall conform to the latest adopted edition of the California Building Code, City adopted Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. Prior to Grading Permit 69. Geotechnical Report — During final engineering, a supplemental report or letter will be prepared for this project, attesting that the findings from the report that was approved for the Shoppes at the Lakes project are still valid and relevant. Otherwise, a new geotechnical / soils report will be required. If a new report is required, it must be in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the City -approved geotechnical / soils report shall be submitted to the Public Works / Engineering Department. The developer / property owner shall comply with the recommendations of the report and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. 70. Grading Permit for Clearing and Grubbing — A grading permit is required from the Public Works / Engineering Department prior to any clearing, grubbing, or any topsoil disturbances related to construction grading activities. 71. Erosion Control Plans — All grading plans shall require erosion control plans prior to approval. Graded but undeveloped land shall provide, in addition to erosion control measures, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (BMPs) are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during or before an anticipated rain event. 72. Compliance with NPDES General Construction Permit — The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 73. SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State's SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. 74. SWPPP for Inactive Sites — The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed. 75. Grading Bonds — Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer/property owner with the Public Works / Engineering Department. 76. Import/Export — Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import/export locations from the Public Works / Engineering Department. If such locations were not previously approved with an Environmental Site Assessment, a Grading Environmental Site Assessment shall be submitted for review and approval by the Community Development and the Public Works / Engineering Departments prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. 77. Offsite Grading Easements - Prior to issuance of a grading permit, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected landowners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. 78. Parcel Mergers — Prior to issuance of the grading permit for the car wash, the parcel merger associated with Assessor's Parcel Numbers 364-390-010 and 364-390-011 shall be submitted for review. Prior to issuance of the grading permit for the day care, the parcel merger associated with Assessor's Parcel Numbers 364-390-009 and 364-390-012 shall be submitted for review Design Guidelines: 79. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department. 80. Slope Stability - A slope stability report shall be submitted and approved by the Public Works / Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over 30 feet in vertical height, unless addressed in a previously City approved report. 81. Slope Landscaping and Irrigation — All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Drip irrigation shall be used for all irrigated slopes. 82. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per City -adopted Riverside County Ordinance 457. 83. Temporary Erosion Control Measures - Shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the Public Works / Engineering for review and approval. 84. Dust Control - During actual grading, all necessary measures to control dust shall be implemented by the developer/property owner in accordance with Air Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. 85. Design Grade Criteria: a) On -Site Parking —Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b) Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into an underground drainage system, or should outlet with acceptable velocity reducers into City -approved BMP devices. c) Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%, or as approved by the City Engineer. 86. Use of Maximum and Minimum Grade Criteria —Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at the expense of the developer/property owner. Prior to Building Permit 87. No Building Permit without Grading Permit - Prior to issuance of any building permit, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works / Engineering Department. 88. Final Rough Grading Conditions — Prior to issuance of each building permit, 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. The certifications shall use City approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 89. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Issuance of Certificate of Occupancy 90. Final Grade Certification — The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 91. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. DRAINAGE General Conditions 92. 10 YR Curb —100 YR ROW: The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 93. 100 YR 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. 94. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works / Engineering Department for review. 95. Interceptor Drain Criteria: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. 96. BMP — Energy Dissipators: Energy Dissipators, such as rip -rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 97. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 98. Bio-retention Basin: Cross sections and details that show how post -development flows will drain to the bio-retention basin and where the flows go after the leaving the site shall be provided during final engineering. 99. Pump System: Details as to how the proposed pump system will work shall be provided during final engineering. 100. Parcel Mergers — Prior to issuance of the certificate of occupancy for the car wash, the parcel mergers associated with Assessor's Parcel Numbers 364-390-010 and 364-390-011 shall be recorded and a copy of the recorded document provided to the City. Prior to issuance of the certificate of occupancy for the day care, the parcel mergers associated with Assessor's Parcel Numbers 364-390-009 and 364-390-012 shall be recorded and a copy of the recorded document provided to the City. Prior to Gradina Permit Issuance 101. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works / Engineering Department for review. 102. Protection of Downstream Properties - The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements. Prior to Building Permit Issuance 103. 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 Based Fee Worksheet and the appropriate plan check fee deposit. 104. Offsite Easements or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the Public Works / Engineering Department prior to building permit issuance. If the developer cannot obtain such rights, should be redesigned to eliminate the need for the easement. 105. Written Permission for Grading: Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the project boundary. A copy of the written authorization shall be submitted to the Public Works / Engineering Department for review and approval. Drainage Design Criteria 106.100-Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee. 107. 10-Year Curb/100-Year ROW - The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. All lots shall be graded to drain to the adjacent street or an adequate outlet. 108. 100-Year Sump Outlet - Drainage facilities out -letting sump conditions shall be designed to convey the tributary 100-year storm flows, and additional emergency escape shall also be provided. 109. Finish Grade - shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 110. Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 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, planting erosion resistant vegetation shall provide protection of the native soils. All cut and fill slopes shall have a maximum 2:1 grade (H:V). 112. Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on -site development areas. 113. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. 114. Energy Dissipators - Energy dissipators, such as riprap, shall be installed at the outlet of storm drain systems discharging runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. D. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS Prior to Issuance of Buildin_g Permit 115. Signing and Striping Plan — Prior to issuance of a building permit, any necessary signing and striping plan shall be approved by the City Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 116. Driveway Geometrics- Final driveway geometrics may be modified in final engineering as approved by the 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. 117. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following: a) Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Bi-weekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b) Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c) Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. E. STREET STANDARDS 118. Streetlight Plan — Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW Director. 119. Streetlight Design as LS-3 Rate Lights —All streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 120. Public Streetlights Service Points — All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 121. Dry Utility Installations- Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. Prior to Building Permit Issuance 122. Onsite Overhead Lines within Dedicated ROW Boundaries —The developer/property owners shall coordinate the undergrounding, relocation or removal of said lines with appropriate agencies. ROWs with existing overhead lines shall not be vacated without the utilities being first removed, relocated or replaced. 123. Improvement Bonds — Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Conditions). 124. Encroachment Permits — The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. Prior to Issuance of Certificate of Occupancy 125. Driveways and Driveway Approaches — Driveways and driveway Approaches shall be designed and constructed per City standards or as approved by the City Engineer. Prior to issuance of Certificate of Occupancy, required driveways shall be constructed. 126. Completion of Street Improvements — Prior to issuance of a Certificate of Occupancy, the following street components shall be completed: a) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance by the Flood Control District, if applicable, is required. b) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. c) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. d) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. e) BMP facilities required per approved final WQMP F. WATER, SEWER, AND RECYCLED WATER 127. Meet Minimum Standards - All water, sewer and recycled water improvements shall be designed per the City adopted 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. 128. 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. 129. Onsite and Offsite Sewer, Water and Recycled Water Improvements —All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit issuance. G. NPDES AND WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 130. Trash Enclosures Standards and Specifications — Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: (a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. (b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. (c) Provision of concrete slab floor, graded to collect any spill within the enclosure. (d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. (e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non- hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: (a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. (b) Awaterless 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. Prior to Issuance of Grading Permit 131. Final Project Specific Water Quality Management Plan (Final WQMP): Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project 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 Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non- structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a USB drive in pdf format shall be submitted to the Public Works Engineering Department. 132. Revising The Final WQMP: In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 133. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R's), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 134. Implement Project Specific WQMP: All structural BMPs described in the project -specific WQMP shall be constructed and operational in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non- structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project, prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. 135. WQMP/BMP Education: Prior to issuance of any Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants, of all non-structural BMPs and educational and training requirements for said BMPs as directed in the approved WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized affidavit. The developer must provide to the Public Works / Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. NPDES Public Educational Program materials may be obtained from the Riverside County Flood Control and Water Conservation District (District) - NPDES Section by accessing the District's website at www.floodcontrol.co.riverside.ca.us. H. WASTE MANAGEMENT 136. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi -family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.ora/oi)encros/recyclying/recycling and compost business.html#mandator Y 137. AB 1826. AB 1826 (effective April 1, 2016) requires businesses to generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the follo9wing actions in order to divert organic wast4e from disposal: a. Source separate organic material from all other recyclables and donate or self -haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. 138. Hazardous Materials. Hazardous materials are not accepted at Riverside County landfills. In compliance with federal, state, and local regulations and ordinances, any hazardous waste generated in association with the project shall be disposed of at a permitted Hazardous Waste disposal facility. Hazardous waste materials include, but are not limited to, paint, batteries, oil, asbestos, and solvents. For further information regarding the determination, transport, and disposal of hazardous waste, please contact the Riverside County Department of Environmental Health, Environmental Protection and Oversight Division, at 1-800-722-4234. Prior to Buildina Permit Issuance 139. 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/facade, 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. 140. 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 approval. At a 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 amount 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 the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for 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. 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. Prior to Issuance of Certificate of Occupancy 141. 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. 142. SWRCB, Trash Amendments: State Water Resources Control Board, Resolution 2015- 0019, an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California, shall be adhered to with implementation measures, prior to building permit issuance. I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2017-1 Prior to Building Permit Issuance 143. Annexation to the Citywide Community Facilities District (CFD) 2017-1 - Prior to the issuance of a 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) CFD 2017-1. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 144. 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 after the issuance of a building permit but prior to issuance of a Certificate of 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 building permit issuance. 145. Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance to make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 146. Landscape Improvement Plans for CFD Maintenance — Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the Public Works / Engineering Department. The plans may be prepared as one plan for the entire development as determined by the City Engineer. When necessary as determined by the City Engineer, a separate WQMP construction plan on City title block maybe required for review and approval by the Public Works / Engineering Department prior to issuance of a grading permit. 147. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public's right-of-way, shall be landscaped and irrigated per City standards and guidelines. 148. CFD Landscape Guidelines and Improvement Plans —All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 149. Maintenance of CFD Accepted Facilities —All landscaping and appurtenant facilities to be maintained by the citywide CFD 2017-1 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 150. Fees and Deposits — Prior to approval of grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include any applicable Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Prior to Building Permit Issuance 151. ZONE E2 of the RBBD - The project proponent shall pay fees in accordance with Zone E2 of the Menifee Valley Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment to the time of issuance of a building permit. Fees approved for deferral shall be based upon the fee schedule in effect at the time of issuance of the permit. Section III: Building and Safety Department Conditions of Approval General Requirements 152. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 153. Compliance with Code. All Design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, and City of Menifee Municipal Code, 2022 California Fire Code. 154. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible and standard accessible parking located as close as possible to the main entrance of the building. c. Accessible path -of -travel from parking to the furthest point of improvement. d. Accessible path -of -travel from public right-of-way to the main entrance of the structure. e. Interior and Exterior disabled access requirements and details as required by California Building Code Chapter 11 B. 155. California Green Building Code Requirements. Electric Vehicle (EV) a. The plans shall clearly indicate the location and total number of future electric vehicle (EV) parking stalls within the site. b. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. c. EV capable spaces shall be provided in accordance with Table 5.106.5.3.1 d. The plans shall clearly indicate the location and total amount of future medium and heavy-duty electric vehicle (EV) parking stalls within the site if the building site includes one or more of the following uses: Warehousing, grocery store, retail store with off-street loading areas. 156. California Energy Code - Prescriptive Requirements for Photovoltaic and Battery Storage Systems i. Photovoltaic requirements. All newly constructed building types specified in Table 140.10-A, or mixed occupancy buildings where one or more of these building types constitute at least 80 percent of the floor area of the building, shall have a newly installed photovoltaic (PV) system meeting the minimum qualification requirements of Reference Joint Appendix JA11. The PV size in kWdc shall be not less than the smaller of the PV system size determined by Equation 140.10-A, or the total of all available solar access roof area (SARA) multiplied by 14 W/ft2. b. Battery storage system requirements. All buildings that are required by Section 140.10(a) to have a PV system shall also have a battery storage system meeting the minimum qualification requirements of Reference Joint Appendix JA12. The rated energy capacity and the rated power capacity shall be not less than the values determined by Equation 140.10-B and Equation 140.10-C. Where the building includes more than one of the space types listed in Table 140.10-B, the total battery system capacity for the building shall be determined by applying Equations 140.10-B and 140.10-C to each of the listed space types and summing the capacities determined for each space type and equation. 157. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a "photometric study' showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. All exterior LED light fixtures shall be 3,000 kelvin and below. 158. Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi -family residential projects. 159. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 160. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 161. 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. 162. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 163. 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. 164. 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. At Plan Review Submittal Submit one (1) digital complete set of fully dimensioned Structural, Architectural, Plumbing, Mechanical and Electrical Plans, along with one (1) digital set of geotechnical reports and one (1) digital set of precise grade plans. Hard copy plans will not be accepted. All plans shall be submitted at a digital equivalent minimum 24" x 36" 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) Occupancy Type f) Occupant Load g) Type of Construction h) Number of stories i) Building Height j) Floor Area in sq. ft. k) 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. 1) List any flammable/combustible materials, chemicals, toxic, or hazardous materials used or stored and total quantities or each, including MSDS reports. m) Indicate if the building has a fire sprinkler system. n) Sheet Index Plot Plans o) North Arrow p) Property Lines/Easements q) Street/Alleys r) Clearly dimension building setbacks from property lines, street centerlines, and from all adjacent buildings and structures on the site plan. s) Accessible parking/unload areas, curb ramps, exterior route of travel to the leased area entry door and at least one route to the public right-of-way. t) Precise grading plans indicating surface grades, locations and details for all accessible walkways, parking stalls, access aisles, ramps, etc... Floor Plans u) All wall lines to be indicated by double line. v) Fully dimensioned and to scale (3/16 inch per foot minimum) w) Exit door locations, widths, and direction of door swing. x) Wall legend. Show walls as existing or new, with references to wall construction details indicating heights, framing member size, spacing and material type, connections at top and bottom and top of wall lateral bracing method. y) Show all fixed elements of construction e.g., bathroom facilities, fixtures, cabinets, storage racks and/or shelves. z) Accessible features e.g., fixed customer service counters, including kitchen, dining, or drinking bar counters, new bathroom facilities, access to new areas, features and elements. Reflected Ceiling Plans aa) Indicate the ceiling treatment, ceiling grid, and the placement of all light fixtures. Section Views bb) Walls and roof/ceiling finishes, complete occupancy separation and fire resistive construction if required, demising walls etc. For new conditioned spaces, section views shall indicate wall heights and insulation locations for walls and roof/ceilings. Plumbing/Mechanical Plans cc) System material types and sizes, waste/vent and potable water layouts or isometrics, plumbing fixture schedule, etc. dd) HVAC equipment location, distribution layout, material type and sizes fire/smoke control devices and activation. ee) Include a line of site detail showing new roof top equipment shielding. ff) Gas line diagram, material type, sizes, and load demand. Electrical Plans gg) Interior Main Distribution single line diagram, panel location/schedule, and load calculations, etc. hh) Electric power and lighting plans, interior fixture schedule, illuminated exit signs and emergency illumination. ii) Title 24 Energy Electrical requirements including multi -level switching arrangements and automatic electrical lighting shut-off system. Structural Plan/Foundation/Floor/Ceiling/Roof Plan and Details jj) Structural design justification of the existing roof framing for new mechanical equipment exceeding 300lbs. kk) Foundation supporting elements and connections, reinforcement, slab, and footing details, etc. II) Structural frame plan(s). mm) T-Bar ceiling standard details and seismic restraints. Supplemental Information nn) Submittal to include one (1) digital set of original shell building Title 24 Energy Calculations or new Title 24 Energy calculations or Energy calculations as for newly constructed conditioned space. oo) Envelope or Mechanical for conditioned space as new construction or, as for an addition including, LTG (lighting) Energy calculations for new lighting with required forms copied to the full-size plan sheets. pp) Separate submittals and permits are required for signs. Planning approval required prior to submittal to Building & Safety. qq) Fees are based on the City of Menifee Adopted Fee Schedule. rr) Restaurant/Food establishments must obtain approval from the County Health Department/Food Division, and the local water/sewer purveyor for grease waste interceptors. ss) All contractors/sub-contractors must show proof of State and City licenses and shall comply with SEC. 3800 of the Labor Code regarding Workers Compensation. tt) Applicant shall obtain all required clearances and/or approvals from Planning, Engineering, Fire, and the appropriate water district(s) prior to issuance of any building permits. Prior to Issuance of Building Permits 165. All associated Building Fees to be paid. 166. Each Department is required to Approve, with a signature. Inspections 167. All inspection requests shall be requested by email only at bldg-insp@cityofinenifee.us. 168. All work that has been requested to be inspected shall be ready for inspection prior to 8:OOa m. 169. The approved plans and documents shall be on -site at the time of inspection. 170. Access to thejob site shall be provided on the day of inspection by 8:OOam. 171. Any construction changes from the approved plans shall be revised on the plans and submitted to the Building and Safety Department for review and approval prior to the inspection. 172. Any special inspection or deputy reports required by code, or the approved plans shall be provided at the time of inspection for the specific portion of work required the special inspection or deputy report. Prior to Final Inspection 170. Each department that has conditions shall have completed and approved their final inspection prior to requesting the final inspection by the Building and Safety Department. Prior to Certificate of Occupancy 171. The Business shall obtain a final inspection from all city departments and any other outside agency final inspections. 172. Each department is required to review and approve with a signature on the request for Commercial Occupancy form once ALL Conditions of Approval have been Met/Approved. The Request for Commercial Occupant form orm is available on the City of Menifee website. You will be required to obtain the signatures in person at the City of Menifee City Hall. 173. The business shall obtain a City of Menifee business license after the Certificate of Occupancy has been issued. Information about the city business license may be found here https://www.cityofmenifee.us/309/Busi ness- License. A business shall not be open to the public or operate without a city business license or a Certificate of Occupancy. Section IV: Riverside County Fire Department Conditions of Approval 174. SURFACE LOAD AND CAPABILITIES -Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [75,000 pound live load (gross vehicular weight) distributed over two axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road. The fire apparatus access road shall be reviewed and approved by the Office of the Fire Marshal and in place during the time of construction. (CFC 501.3) 175. FIRE APPARATUS ACCESS roads shall have an unobstructed width of not less than twenty—four (24) feet as approved by the Office of the Fire Marshal and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. (CFC 503.2.1) 176. SPRINKLER SYSTEM- In all new Buildings or structures which are 3600 sq. ft or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. 177. WATER FLOW- Minimum fire flow for the construction of all commercial buildings is required per CFC Appendix B and Table B105.1. Prior to building permit issuance, the applicant/developer shall provide documentation to show there exists a water system capable of delivering the fire flow based on the information given. Subsequent design changes may increase or decrease the required fire flow. 178. 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. 179. ADDRESS- Display Street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from the street at all hours. 180. BLUE DOT REFLECTORS- Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate the location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 181. WATER FLOW- Minimum Required Fire Flow The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings in accordance with Ordinance 787 and the California Fire Code. A fire flow of 3000 gpm for a 2 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on thejob site. A minimum number of 3 Super fire hydrant(s) (6"x4"x21/2"x21/2") shall be provided for this project. Additional fire hydrants may be required to meet the spacing requirements of the California Fire Code. 182. HYDRANTS- A combination of on -site and off -site super fire hydrants (6"x4"x21/2"x21/2") on a looped system shall be provided spaced an average of 400 feet between fire hydrants and in no case shall fire hydrants be further than 250 feet from any portion of on a street or road frontage as measured along approved vehicular travel ways. Fire hydrant(s) shall be located so that no portion of the building is farther than 225 feet from any hydrant(s) as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 183. KNOX - A rapid entry Knox Box shall be installed on the outside of the building. If a Knox box has already been installed provide keys to the tenant space for inclusion in the main building Knox Box. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. Section V: Riverside County Environmental Health Conditions of Approval General Conditions 184. Potable Water and Sanitary Sewer. A"General Condition" shall be placed on the project indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as all other applicable agencies. 185. Environmental Cleanup Programs (RCDEH-ECP). If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact Riverside County Environmental Health - Environmental Cleanup Programs at (951) 955-8980, for further information. 186. District Environmental Services (DES). Floorplans provided for the review of this project did not include plans for a kitchen or other type of operation that handles food. If in the future there is a proposal to serve food from this site, the plans will require review by DES to ensure compliance with applicable California Health and Safety Codes. An annual operating permit for the food facility may be required. Please contact the Hemet DES office at (951) 766-2824. 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) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC24-620 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 281h day of February, 2024 by the following vote: Ayes: Diederich, Long, Madrid, Thomas, LaDue Noes: None Absent: None Abstain: None 6 achel Valencia, Administrative Assistant