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PC24-643 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Application No.: Plot Plan No. PLN24-0003, Variance No. PLN24-0004 Project Description: Plot Plan (PP) No. PLN24-0003 proposes a 9,103 square-foot two- story medical office building on a vacant 0.76-acre infill site. A total of 46 parking spaces and 2 bicycle spaces would be provided. Variance (VAR) No. PLN24-0004 proposes to reduce the rear setback from 15 feet to 7 feet for a portion of the building adjacent to the existing self-storage facility. The Project is located on the north side of Newport Road, approximately 700 feet east of Bradley Road Assessor's Parcel No.: 336-180-027 MSHCP Category: Commercial DIF Category: Commercial/Service/Office TUMF Category: Per WRCOG (Service Commercial) Approval Date: October 23, 2024 Expiration Date: October 23, 2027 Section I: Community Development Department Conditions of Approval Section II: Public Works and Engineering Department Conditions of Approval Section III: Building and Safety Department Conditions of Approval Section IV: Office of the Fire Marshal Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section I: Community Development Department Conditions of Approval GENERAL CONDITIONS 1. 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 Exemption. Within 48 hours of project approval, the applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the City of Menifee in the amount of Fifty Dollars ($50.00), a County administrative fee, to enable the City to file the Notice of Exemption (NOE) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 3. Exhibits. The project shall be constructed as approved by the Planning Commission on October 23, 2024, and as shown in Attachment No. 1in 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, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 24-1423 (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. The development of these premises shall comply with the City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations and shall conform substantially to the adopted plan as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. 9. Design Guidelines. The Project shall comply with the City-wide design guidelines. 10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 11. Outdoor Storage. No outdoor storage is allowed unless otherwise approved as part of the project. 12. 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). 13. 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). 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. 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 17. 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. 18. 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). 19. 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.” 20. 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. 21. 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. 22. 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). 23. 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 24. 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. 25. 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. 26. 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). 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. 27. 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. 28. 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. 29. 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. 30. AQMD Rule 402. The project developer shall implement the following measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment operating at the project site throughout the project construction phases. The project developer shall include in construction contracts the control measures as may be required under Rule 402, at the time of development, including the following: 1. Keep all construction equipment in proper tune in accordance with manufacturer’s specifications. 2. Use late model heavy-duty diesel-powered equipment at the project site to the extent that it is readily available in the South Coast Air Basin (meaning that it does not have to be imported from another air basin and that the procurement of the equipment would not cause a delay in construction activities of more than two weeks). 3. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment (This measure does not apply to diesel-powered trucks traveling to and from the site). 4. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas), if equipment is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment). 5. Limit truck and equipment idling time to five minutes or less. 6. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. 7. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 31. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or dusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of receipt. u. The Developer shall contact USA / Dig Alert prior to any excavation activities for utilities to Locate & Mark their facilities. PRIOR TO BUILDING PERMIT ISSUANCE 32. Processing Fees. Prior to issuance of building permits, the Community Development Department shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant. 33. 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). 34. 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. 35. Master Sign Program. If applicable, a master sign program shall be submitted to the Community Development Department for review and approval. The master sign program will include the area covered under the sign program; building elevations within the coverage area, including colors and materials; and drawings of the proposed signs indicating sign text, size, method and intensity of illumination, colors, materials, height, sign area, and general location of all signs. Subsequent individual signs shall be submitted for review and compliance with the Master Sign Program prior to permit issuance for said individual sign. 36. Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building. 37. Screening of Accessory Structures. Screening of accessory structures (including mechanical equipment) shall be compatible in color and materials to primary structures. 38. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month or as approved by the Menifee Police Department. The above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project or as approved by the Menifee Police Department. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. The plan shall be approved prior to issuance of Building Permits. 39. 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. 40. 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. 41. Landscape Inspections. 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. 42. 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. PRIOR TO FINAL INSPECTION 43. 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. 44. 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). 45. 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. 46. 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. 47. 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. 48. 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?” 49. Landscaping. All landscape planting and irrigation shall be installed and inspected in accordance with approved exhibits and Menifee Municipal Code. Section II: Public Works and Engineering Department Conditions of Approval 50. All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director. For “public improvements” related to this project, see Section E. 51. Any Engineering Design exceptions shown on exhibits and associated engineering documents that are not specifically requested are not approved solely by virtue of inclusion on such documents. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/Public Works Director. 52. Engineering Plans / Mylars – All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a licensed civil engineer and/or other registered/licensed professional as authorized by State law. 53. Guarantee for Required Improvements – Prior to grading permit issuance or construction permit issuance (whichever is applicable), financial security or bonds shall be provided to guarantee the construction of all required improvements within the public right-of-way and grading / water quality management facilities associated with each phase of construction, per the City’s municipal code. 54. Bond Replacement, Reduction, and Releases – All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards, and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. 55. Existing and Proposed Easements – The final grading plan and improvement plans, as applicable, shall correctly show all existing and proposed easements. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. 56. Plan Check Submittals – Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, streetlights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval. 57. Plan Approvals – Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any applicable permit as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. 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 Public Works Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 58. As-Built Plans – Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to prepare as-builts of all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer, and prior to Acceptance of improvements and Performance security/bond release. 59. Construction Times of Operation – The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 7:00 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.020. There shall be no construction permitted on Sunday or nationally recognized holidays 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 / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre -Construction meeting is mandatory with the City’s Public Works Inspection team prior to permit issuance and the start of any construction activities for this site. 60. Dry Utility Installations – Electrical power, telephone, communication, traffic signal, street lighting, and cable television conduits and lines shall be placed underground in accordance with current City Ordinances and as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. 61. All grading activities shall conform to the latest adopted edition of the California Building Code, City Grading Ordinance, applicable City design standards and specifications, City ordinances, policies, relevant laws, rules and regulations governing grading in the City. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare. 62. Dust Control – All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. 63. 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 64. Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 65. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City Grading Ordinance Chapter 8.26. Drip irrigation shall be used for all irrigated slopes. 66. Slope Stability Report – A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report. 67. Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (BMPs) are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. These plans shall be prepared and signed by a licensed landscape architect and bonded per applicable City ordinances. 68. Water Quality Management Plan (WQMP) – All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP, executed report. The developer / property owner shall comply with the requirements of the WQMP report, the NPDES municipal permit in force, and City standards and specifications. 69. Design Grade Criteria – Onsite parking areas shall be designed in accordance with the current version of City of Menifee Standards and Specifications. Non-compliance may require a redesign of the project. Significant redesigns may require a revised Plot Plan. The following design grade criteria shall be followed: 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 Americans with Disabilities Act (ADA) requirements apply, the ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. c. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%,or approved by the Public Works Director/City Engineer. 70. Drainage Grade – Minimum drainage design grade shall be 1.5% except on Portland cement concrete surfaces, where 0.50% shall be the minimum for concentrated flow conveyance (for example, ribbon gutters). The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 71. Finish Grade – The finish grade shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City standards. 72. Use of Maximum and Minimum ADA Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector and will need to be removed and replaced at developer’s or owner’s expense. 73. Licensed Geotechnical Engineer – A California licensed Geotechnical Engineer shall perform final determination of the foundation characteristics of soils within on-site development areas, and per the approved geotechnical report reviewed and approved by the City. 74. Retaining Walls – Sections which propose retaining walls will require separate permits. They shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official and/or the Public Works Director / City Engineer. The walls shall be designed by a licensed civil engineer and conform to City Standards. The plans shall include plan and profiles sheets. 75. Trash Racks – Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 76. Grading Permit for Clearing and Grubbing – City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities. 77. Compliance with NPDES Construction General Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) from the State Water Resource Control Board (SWRCB). This is in addition to the Municipal permit governing design, WQMPs, and permanent BMPs. Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a CGP 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 CGP, contact the SWRCB. 78. SWPPP – If the amount of soil disturbance on this project is 1 acre or greater, then 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 (NOT) has been issued by SWRCB. The City will require submittal of NOTs for requests to fully release associated grading bonds. 79. 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 and the Regional Board has issued a Notice of Termination (NOT) for the development. 80. Offsite Property and Right of Way – The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with the development project. Prior to the issuance of a grading permit, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading, from all affected landowners. 81. Site Drainage – Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 82. Alteration of Drainage Patterns – Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off-site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks. 83. 100 Year Storm – The 100-year storm flow shall be contained within the street top of curb. 84. 100 Year Drainage Facilities – All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department. 85. 100 Year Design Criteria – In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 100 Year Sump Outlet – Drainage facilities outletting to sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. 86. 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. 87. Trash Racks – Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 88. Perpetuate Drainage Patterns – The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, 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 City for review and approval. 89. 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. 90. Drainage Runoff Emergency Escape – An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked in any way. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow-through area in the event the emergency escape of the stormwater runoff is necessary. 91. Street Design Standards – Street improvements shall conform to all applicable City design standards and specifications, the City’s General Plan, City ordinances, and all other relevant laws, rules and regulations governing street construction in the City. 92. Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi. 93. ADA Compliance – ADA path of travel shall be designed at the most convenient accesses. 94. 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 Public Works / Engineering 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 the public right of way or within duly dedicated public easements. 95. Community Facilities District (CFD) Maintenance – The property owner shall file for annexation or inclusion into the CFD for street sweeping services, street pavement maintenance, street lighting, etc. 96. Offsite Grading Documentation – If offsite grading is performed, a notarized and recorded agreement, or City-approved documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 97. Improvement Bonds – Prior to improvement plan approval and 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. 98. 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. 99. Annexation to the CFD –The developer/property owner shall complete the annexation of the proposed development into the boundaries of the City of Menifee CFD. The CFD shall be responsible for the following: • The maintenance of public improvements or facilities that benefit this development, including but not limited to, the following: Streetlights, streets, pavement maintenance, street sweeping, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all costs associated with the annexation of the proposed development in the CFD. 100. Assessment Segregation – Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. PROJECT-SPECIFIC CONDITIONS OF APPROVAL A. GRADING PRIOR TO ISSUANCE OF GRADING PERMIT: The following geotechnical report was reviewed and approved by the City: Preliminary Geotechnical and Infiltration Feasibility Investigation, prepared by LOR Geotechnical Group, Inc., dated 11/23/2023. 101. Two copies of the City-approved report shall be provided to the Public Works / Engineering Department with the initial submittal of a grading plan. The developer / property owner shall comply with the recommendations of the approved report and City standards and specifications. All grading shall be performed in accordance with the recommendations of the approved report, and under the general direction of a licensed geotechnical engineer. 102. 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. 103. Import / Export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer / property owner shall have obtained approval for the import / export location from the Public Works / Engineering Department. The proposed import / export shall conform with City standards and ordinances, including environmental requirements, and submitted to the Public Works Director / City Engineer for approval. Additionally, if the movement of import / export occurs using City roads, review and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform with City standards and ordinances. 104. Offsite Grading Approval – Prior to the issuance of a grading permit, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, including any offsite grading to construct the necessary transitions for roadway improvements or other improvements. Notarized and recorded agreements or recorded documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. PRIOR TO ISSUANCE OF BUILDING PERMIT: 105. Submit Plans – A copy of the improvement plans, grading plans, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the Public Works / Engineering Department for review. All submittals shall be date stamped by the engineer and include a completed City Deposit or Fee Based Worksheet and the appropriate plan check fee or deposit. 106. No Building Permit Without Legal Lot – Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 107. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structures or appurtenances, the developer / property owner shall obtain a grading permit and / or approval to construct from the Public Works / Engineering Department. 108. Final Rough Grading Conditions – Prior to issuance of a building permit for any new structures or appurtenances, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 109. 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 geotechnical report. PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY: 110. Final Grade Certification – The developer / property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit a signed and wet-stamped final grade certification, on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. 111. 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. 112. Plant and Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or other approved ground cover and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3 feet in vertical height shall have erosion control measures provided. Slopes that exceed 15 feet in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. 113. License Agreement – All landscaping, including landscaping located within the public right-of-way, shall be maintained by the developer / property owner. A license agreement shall be established for this purpose. The license agreement shall be established between the City and the developer / property owner. The license agreement shall be executed and recorded prior to the issuance of any certificate of occupancy. B. DRAINAGE 114. Drainage Study – The following preliminary drainage study was reviewed and approved by the City: Hydrology & Hydraulics Study for Newport Road Medical Office, prepared by Love Engineering, dated 9/17/2024. Two copies of a final drainage study for each site shall be submitted to the City for review and approval. Each study shall analyze, at a minimum, the following: • Project site drainage flow / runoff. • All future improvements drainage flow / runoff. • Q10, Q100, pre- and post- condition flow / runoff rates. • Anticipated total drainage runoff into existing storm drain and existing storm drain capacity. • Total drainage runoff into and capacity of proposed storm drain and water quality management facilities / BMPs. The final drainage study shall also be consistent with the approved final water quality management plan (FINAL WQMP). The project shall comply with all project drainage requirements, including the following: • The proposed underground storage chambers shall mitigate the difference between the pre-development and post-development flows and volumes such that the post-development stormwater flow and volume does not exceed the pre-development stormwater flow and volume. • The post-development stormwater runoff shall not exceed the capacity of the existing storm drain on Newport Road. • The proposed underground storage chambers shall not contain any corrugated metal pipe. Corrugated metal pipe is not allowed. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report. 115. Completion of Drainage Improvements - All onsite water quality / drainage systems must be constructed and operational prior to the issuance of any certificate of occupancy. 116. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department 117. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface drainage/BMP facilities shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 118. On-Site Storm Drain System - Prior to issuance of a grading permit, the proposed on- site storm drain system shall be designed such that any ponding in the 100-year storm, shall be contained within the site; it shall not encroach onto any adjacent property, and shall maintain a minimum 1-foot freeboard to the proposed building pad elevation. The 100-year storm flow from the site shall not flow over the proposed parkway or within the driveway approach. C. LANDSCAPING 119. Maintenance of Landscaping – All landscaping shall be maintained by the individual property owner, or as otherwise established by Covenants, Conditions, and Restrictions (CC&Rs). (See also the License Agreement condition in the Grading section of these conditions.) D. STREETS AND DEDICATIONS 120. Street Improvements – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. Newport Road: a. Along the project frontage of Newport Road, a 10-foot deceleration lane shall be constructed between the eastern and western driveways, along with construction of curb, gutter, and sidewalk along the project frontage. Turning movements on both driveways shall be “right-in” / “right-out” only. b. If deemed necessary by the Public Works Director / City Engineer, reconstruction of existing curb, gutter, and / or sidewalk may be required as well. c. Any new curb, gutter, and sidewalk that is constructed outside of the project’s property boundaries shall have appropriate transitions to connect with existing curb, gutter and sidewalk. 121. Driveways - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. As outlined in the following conditions, medians may be required to restrict turning movements for public safety purposes as determined by the Public Works Director / City Engineer. 122. Acceptance of Public Roadway Dedication and Improvements – If it becomes necessary to dedicate easements and / or public right-of-way to the City, then said easements and / or public right-of way shall be granted to the City through an acceptable recordable instrument. The dedicated easements and / or public right-of- way shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation. 123. ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 124. Traffic Signing and Striping – A traffic signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and / or striping removal caused by the traffic signing and striping plan. 125. Streetlight Plan – Streetlights requiring relocations, or any required new streetlights shall be designed in accordance with current City Standards for streetlights. Streetlight construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. Reciprocal Access – If not already provided, reciprocal access shall be established for shared use of the eastern driveway, which is to be shared between the users of this development and the users of the adjacent development to the east, Newport Commons. Proof of reciprocal access shall be submitted and approved prior to the issuance of any certificate of occupancy. 126. Street Sweeping and Pavement Maintenance - The property owner shall file for annexation or inclusion into the CFD for street sweeping services and street pavement maintenance. PRIOR TO ISSUANCE OF BUILDING PERMIT: 127. 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. 128. Improvement Bonds – Prior to issuance of any construction permit for all required onsite grading and landscape improvements and offsite public improvements, the developer / property owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes. PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY: 129. Construction of Road Improvements – The constructed road improvements shall be adequately transitioned to the existing or proposed road / street improvements. It shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the road / street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 130. Driveways and Driveway Approaches – Driveways and Driveway Approaches as shown on the approved plans and exhibits shall be designed and constructed prior to issuance of the Certificate of Occupancy. The driveways shall be designed and constructed in accordance with City of Menifee standards and specifications and meet spacing requirements as well as other City requirements. E. TRAFFIC ENGINEERING 131. Traffic Scoping Document – The development shall comply with all the improvements and mitigation measures identified to be constructed or provided in the traffic scoping document approved by the Public Works / Engineering Department. The following traffic scoping document was reviewed and approved by the City: a. Project Scoping Form for the Newport Internal Medical Building Project, prepared by LLG Engineers, dated 3/13/2024. All required improvements and mitigations identified in the City-approved traffic scoping document shall be included in all improvement plans for review and approval by the Public Works / Engineering Department. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director / City Engineer. PRIOR TO ISSUANCE OF CONSTRUCTION PERMIT: 132. Sight Distance Analysis – Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans. 133. Traffic Signing and Striping Plan – Prior to issuance of a construction permit, any necessary traffic signing and striping shall be approved by the Public Works Director / City Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD). 134. Driveway Geometrics – Final driveway geometrics may be modified in final engineering as approved by the City Engineer / Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 135. Construction Traffic Control Plan – Prior to start of any project related construction, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: a. Dust and dirt fallout from truck loads that gets entrained onto City roadways: (1) 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. 136. PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY: Construction of Roadway Improvements – The developer / property owner shall design and construct the following roadway improvements. The improvements shall be complete prior to any certificate of occupancy: Newport Road: a. Along the project frontage of Newport Road, a 10-foot deceleration lane shall be constructed between the eastern and western driveways, along with construction of curb, gutter, and sidewalk along the project frontage. Turning movements on both driveways shall be “right-in” / “right-out” only. b. If deemed necessary by the Public Works Director / City Engineer, reconstruction of existing curb, gutter, and / or sidewalk may be required as well. c. Any new curb, gutter, and sidewalk that is constructed outside of the project’s property boundaries shall have appropriate transitions to connect with existing curb, gutter and sidewalk. Reconstruction or Resurfacing of Newport Road – Prior to the issuance of any certificate of occupancy, the Public Works Director / City Engineer may consider reconstruction or resurfacing of Newport Road paving fronting the development to meet existing conditions. If it is determined during project construction that the existing road is found to be substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full road reconstruction or resurfacing, including offsite transitions to connect to the existing pavement if necessary. In such a case, the existing pavement shall be cored during project construction to confirm the structural section, and any findings shall be incorporated into project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. F. NPDES and WQMP 137. Stormwater Management – All City of Menifee requirements for compliance with the regional stormwater permit promulgated by the California Regional Water Quality Control Board as NPDES No. R8-2010-0033 shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program and as determined and approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 138. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a. Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b. Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c. Provision of concrete slab floor, graded to collect any spill within the enclosure. d. All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e. The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. f. The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a. The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. b. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c. Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 139. SWRCB, TRASH AMENDMENTS - The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices in all new and existing catch basins to which this development will be tributary to or receiving from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. Existing and proposed catch basins shall be retrofitted with a catch basin insert device selected from the list of approved devices by the Santa Ana Regional Water Quality Control Board, and compliant with the State-wide Trash TMDL. The State Water Resources Control Board, Resolution adopted 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. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment. PRIOR TO ISSUANCE OF GRADING PERMIT: 140. Final Project-Specific Water Quality Management Plan (Final WQMP) – The following report was reviewed and approved by the City: a. Project Specific Preliminary Water Quality Management Plan for Newport Road Medical Office, prepared by Love Engineering, dated 11/24/2023. 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. 141. Revising the FINAL WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved preliminary 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 materials 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. 142. WQMP Maintenance Agreement – All water quality features or BMPs that address onsite drainage shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY: 143. 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 BMP’s and educational and training requirements for said BMP’s as directed in the approved FINAL WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Flood Control District’s NPDES Section through their website at www.rcwatershed.org. A copy of the notarized affidavit must be placed in the FINAL WQMP. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 144. Implement WQMP - All structural BMPs described in the FINAL WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved FINAL WQMP and that copies of the approved FINAL WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved FINAL WQMP, to which the portion of the project is tributary to, are completed and operational. 145. Inspection of BMP Installation – Prior to issuance of any Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City-maintained database for future periodic inspection. G. WATER, SEWER, and RECYCLED WATER 146. EMWD Minimum Standards – All public water, sewer and recycled water improvements shall be designed per City standards and ordinances and Eastern Municipal Water District (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 147. 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. 148. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit and approval of improvement plans. 149. Sewer Lines – Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with City standards and ordinances and EMWD standards and specifications. 150. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with City standards and ordinances, as well as those of the Riverside County Fire Department and EMWD standards and specifications. H. CFD PRIOR TO ISSUANCE OF BUILDING PERMIT: 151. Annexation to the CFD – Prior to issuance of the building permit, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee CFD. The CFD shall be responsible for: a. The maintenance of public improvements or facilities that benefit this development, including but not limited to, the following: Streetlights, streets, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director / City Engineer. b. The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the CFD. Maintenance of CFD Accepted Facilities – All facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that improvements to be maintained by the CFD each have their own controller and meter system, separate from any private controller/meter system. I. WASTE MANAGEMENT PRIOR TO ISSUANCE OF BUILDING PERMIT: 152. Recyclables Collection and Loading Area Plot Plan - Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 153. Waste Recycling Plan - Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At 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 amounts of materials, the facilities and / or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements shall be made through the City’s franchise hauler, Waste Management. PRIOR TO ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY: 154. Waste Management Clearance - Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. The developer shall use the City’s franchise hauler, Waste Management. J. FEES, DEPOSITS and DEVELOPMENT IMPACT FEES 155. Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, and / or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any applicable regional fees, including the fees for the Menifee Valley Road and Bridge Benefit District (RBBD) Zone C. 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. 156. RBBD – This project is located within the Menifee Valley RBBD Zone C. The applicant shall pay the RBBD fees based on the designated land use and areas, prior to issuance of any certificate of occupancy. Section III: Building and Safety Department Conditions of Approval GENERAL REQUIREMENTS 157. 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. 158. 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. 159. 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 11B. 160. 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. 161. California Energy Code - Prescriptive Requirements for Photovoltaic and Battery Storage Systems a. 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. 162. 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. 163. 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. 164. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 165. 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. 166. 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. 167. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 168. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 169. 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 170. 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. l. 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. ll. 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 171. All associated Building Fees to be paid. 172. Each Department is required to Approve, with a signature. INSPECTIONS 173. All inspection requests shall be requested by email only at bldg- insp@cityofmenifee.us. 174. All work that has been requested to be inspected shall be ready for inspection prior to 8:00am. 175. The approved plans and documents shall be on-site at the time of inspection. 176. Access to the job site shall be provided on the day of inspection by 8:00am. 177. 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. 178. 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 179. 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 180. The Business shall obtain a final inspection from all city departments and any other outside agency final inspections. 181. 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 Occupancy form is available on the City of Menifee website. 182. 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/Business-License A business shall not be open to the public or operate without a city business license or a Certificate of Occupancy. Section IV: Office of the Fire Marshal Conditions of Approval 183. 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) 184. 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) 185. 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. – A minimum of 5 ft walk way shall be provided all around the building with no restrictions. 186. Turn Around. Turn arounds shall be provided to all building sites on fire apparatus access roads over 150 feet in length and shall be within 50 feet of the building. The minimum outside turning radius for a turnaround shall be 38 feet, not including parking. If a hammerhead is used instead, the top of the “T” shall be a minimum of 110 feet in length. 187. Sprinkler System. Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. 188. Hydrants. The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with the C.F.C. and NFPA 24. Fire hydrants shall be located no closer than 40 feet from a building. A fire hydrant shall be located within 200 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3) 189. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 190. 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. 191. Knox. Prior to issuance of a Certificate of Occupancy or Building Final, a “Knox Box Rapid Entry System” shall be provided. The Knox-Box shall be installed in an accessible location approved by the Fire Code Official. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access by emergency personnel. (CFC 506.1) Section V: Riverside County Environmental Health Conditions of Approval Office Locations ● Blythe ● Corona ● Hemet ● Indio ● Murrieta ● Palm Springs ● Riverside Phone (888)722-4234 www.rivcoeh.org May 17, 2024 City of Menifee Planning Department Attn: Kimberly Luna 29714 Haun Road Menifee, CA 92586 SUBJECT: CITY OF MENIFEE PLANNING APPLICATION – Plot Plan No. PLN24- 0003, Variance No. PLN24-0004 for a Medical Office Building north of Newport Road (APN: 336-180-027). Dear Mr. Brown: The project listed in the subject heading of this letter is proposing a 9,103 square foot two story medical office building. The project proposes to share driveway access with the commercial condos east of the project site and use the second access west on the project site for emergency vehicles only. The Project proposes 46 parking spaces. The project site is located north of Newport Road, south of Calle Ayrton, east of Brandley Road, and west of Camino Delores, in the City of Menifee. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Menifee, DEH offers the following comments/recommendations: POTABLE WATER AND SANITARY SEWER SERVICE: 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, in addition to all other applicable agencies. Prior to building permit issuance, provide documentation that establishes water and service for the project from EMWD (ex: First Release Letter). Prior to building permit final, applicant must provide documentation that verifies actual service from EMWD (ex: Final Release Letter). City of Menifee PLN24-0003 PLN24-0004 REMOVAL/DESTRUCTION OF ANY EXISTING OWTS AND WELLS: Any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or destroyed under permit with DEH. Exhibits indicate that there is at least one existing OWTS on property. HAZARDOUS MATERIALS MANAGEMENT BRANCH Prior to building permit final, this facility shall be required to contact and have a review conducted by the Hazardous Materials Management Branch (HMMB). A business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances will be required. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358-5055 to obtain information regarding any additional requirements. ENVIRONMENTAL CLEANUP PROGRAM (ECP) As part of the services offered to Contract Cities, the Department of Environmental Health Environmental Cleanup Programs (ECP) conducts environmental reviews on planning projects to ensure that existing site conditions will not negatively affect human health or the environment. The objective of the environmental reviews is to determine if there are potential sources of environmental and/or human exposures associated with the project, identify the significance of potential adverse effects from the contaminants, and evaluate the adequacy of mitigation measures for minimizing exposures and potential adverse effects from existing contamination and/or hazardous substance handling. For this project, the City of Menifee is taking on the responsibility to review the above aspects of the project. Should you have any further questions or require further assistance, please contact me by email at allopez@rivco.org or by phone at (951) 955-8980. Sincerely, Alberto Lopez, MEA, REHS Environmental Cleanup Program Environmental Protection and Oversight Division 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)