Agenda — Calimesa City Council, September 6, 2022 (part 2 of 4)

3.09 If potential historic or cultural resources are uncovered during excavation or construction activities at the project site, work in the affected area must cease immediately and a qualified registered professional archaeologist (RPA) meeting the Secretary of the Interior's standards (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be consulted by the City to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, or prehistoric resource. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Planning Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in condition of approval 3.04 of this resolution before any further work commences in the affected area.

Planning

3.10 If human remains are discovered, no further disturbance shall occur in the affected area until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 5-days of the published finding to be given a reasonable opportunity to identify the “most likely descendant”. The “most likely descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).

Planning
Developer shall comply with Assembly Bill 1414 (AB 1414) of the Business and Professions Code of the Land Surveyors Act as required to preserve existing monuments and survey control.

Engineering

3.11 Developer shall provide notarized written permission from off-site landowner(s) prior to commencing grading and constructing for any offsite improvements.

Engineering

3.12 Prior to issuance of a grading or drainage improvement permit, all plans and reports associated with grading, erosion, drainage, water quality & water treatment, water retention/detention and best management practices shall be approved by the City Engineer.

Engineering

3.13 A temporary erosion control plan shall be submitted for plan check and approval by the City Engineer. Grading and erosion control plans shall include provisions to avoid adverse effects caused by rain, wind, or other weather conditions. Erosion and sediment control plans will be prepared and accomplished according to the best management practices as defined in the Riverside County Drainage Area Master Plan and as required by the National Pollutant Discharge Elimination System (NPDES).

Engineering

3.14 The grading plans shall include provisions to ensure that grading will be conducted in accordance with the South Coast Air Quality Management District's Rule 403, as applicable.

Engineering

3.15 The Developer shall provide a comprehensive soils and geotechnical report (no older than one year), based on field and laboratory testing. The reports shall establish grading recommendations based on the nature and character of the site soils. The report shall specify requirements related to import and/or export of soil from the site. The City Engineer reserves the right to require additional field or laboratory testing based on "discovery" within the submitted soils report. The subdivider shall pay the costs for the technical review of the Geotechnical and Geology reports.

Engineering

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3.16 A comprehensive hydrology and hydraulics report shall be submitted, reviewed, and approved by the City of Calimesa. Any off-site drainage, which may impact this development, or additional drainage created by this development, shall be addressed in accordance with the mitigation measures required in the hydrology report and as directed by the City Engineer. Approval of the Hydrology/Hydraulics Report is required prior to issuance of a grading permit.

Engineering

3.17 Improvement plans shall demonstrate that historical or existing storm water flows from adjacent properties are received and directed to a public street, a public drainage facility, a City approved drainage easement or other approved facility.

Engineering

3.18 All storm drains that are not maintained by Riverside County Flood Control and Water Conservation District (RCFCWCD) shall be designed and constructed to RCFCWCD Standards and these facilities shall be maintained by property owners, a CFD, LLMD or other City approved mechanism.

Engineering

3.19 All drainage facilities proposed for maintenance by RCFCWCD shall be designed and constructed to RCFCWCD standards. All plan sets related to any RCFCWCD facilities shall be reviewed, checked, and approved by RCFCWCD and City Engineer prior to issuance of a grading permit. Prior to acceptance of drainage facilities or surety release, Developer shall provide evidence of ownership and maintenance responsibility by RCFCWCD and shall provide recorded copies of any required Flood Control easements.

Engineering

3.20 This project is within a priority land use as defined by California Regional Water Quality Control Board Santa Ana Region Water Code Section 13383 (Trash Provisions) and will be required to install, operate, and maintain full trash capture systems for all storm drains within or adjacent to the project. The Final WQMP shall include the design, specifications, and operation/maintenance procedures of the trash capture systems to state requirements and to the satisfaction of the City Engineer.

Engineering

3.21 Per the State Water Resources Control Board, construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger common plan of development or sale must obtain the Construction Activities Storm Water General Permit (General Permit). Prior to issuance of grading permits, the Subdivider shall submit a copy of the Notice of Intent (NOI), indicating that coverage has been obtained, to the City Engineer and Building Official. The Subdivider shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities.

Engineering

3.22 A Storm Water Pollution Prevention Plan (SWPPP) shall be approved and maintained throughout the scope of the project. Copies shall be available at the job site at all times.

Engineering

3.23 Dust control operations shall be performed by the Contractor to comply with all Air Quality Management District regulations regarding dust control and to the satisfaction of the City Engineer. The City shall have the authority to suspend all construction operations if, in their opinion, the Contractor fails to adequately provide for dust control.

Engineering

3.24 Developer shall obtain all applicable approvals and permits from the Army Corps of Engineers, California Department of Fish and Wildlife, Water Quality Control Board and/or regional or local jurisdictions and demonstrate compliance with all applicable mitigation measures in the approved Summerwind Ranch at Oak Valley Environmental Impact Report (EIR) Addendum #3 or demonstrate that approvals are not required.

Engineering

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3.25 Prior to issuance of a grading permit, construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. When possible, construction equipment shall be parked and staged within the project site.

Staging areas shall be screened from view from residential properties.

Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.

Engineering

3.26 Construction traffic access to an on-going phased construction site shall not be permitted through any adjacent development site, which has been completed and accepted by the City for occupancy.

Engineering

3.27 This project is subject to all of the requirements of the Municipal Storm Water and Sanitary Sewer System (MS4) permits issued by the Santa Ana Regional Water Quality Control Board and all subsequent permits to which the City is a signatory.

Engineering

3.28 Prior to issuance of a grading permit, final landscape & irrigation plans shall be submitted to Public Works Department for approval to ensure that proposed trees do not conflict with utilities, signs, lights, line of sight, etc. Trees shall be located to maintain the following clearances: 5-ft from dry utilities, 10 feet from wet utilities (i.e. sewer and water laterals and main lines, fire hydrants, detector check assemblies, storm drain mains and laterals, catch basins, inlets, etc.), 15-ft from street lights and public street signs, and trees shall not block line of sight at street intersections or project driveways. Trees planted near bio-basins shall be of low leaf drop type and able to withstand wet conditions. Variation to these minimum clearances require approval form the City Engineer.

Engineering

3.29 Precise grading plans to include sewer and water services sized to adequately serve the proposed building(s). Service connections to be approved by appropriate water and sewer purveyor prior to issuance of a precise grading permit.

Engineering

3.30 Developer shall prepare and submit a program for preventative maintenance of major manufactured slope areas. Such program will be approved by the City Engineer. In addition, slope maintenance requirements and guidelines shall be acknowledged as an obligation in the Covenants, Conditions and Restrictions or in Lighting and Landscape Maintenance District or other City approved arrangement.

Engineering

3.31 Prior to issuance of a grading permit, the applicant shall provide written clearances (as applicable) to the City evidencing that all pertinent requirements of the following agencies have been met: 1) Yucaipa Valley Water District for sewer, water and recycled water service; 2) City of Calimesa Fire Department approving the location/size of fire service pipe and detector check assembly, FDC, PIV, fire hydrants, fire flow calculations, fire lanes, etc.

Engineering
3)PROJECT SPECIFIC CONDITIONS – PRIOR TO GRADING PERMITS

3.32 In accordance with the January 17, 2022 "Technical Memorandum Oak Valley Town Center Project Drainage System Overview" by Proactive Engineering West, the total 100-year developed storm water flow rates can exit the project boundary, into the natural drainage channel downstream of the project, without detaining the increased runoff. The Technical Memorandum (listed above) shall be included in the Project's Final Hydrology Report. All project related drainage facilities shall be designed to convey 100-year storm events.

Engineering

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3.33 Developer shall submit a Water Quality Management Plan (WQMP) for review and approval of the City Engineer. WQMP facilities shall be designed based on the Guidelines contained in the sample Riverside County WQMP documents latest edition, available on the Santa Ana Regional Water Quality Control Board Website. The WQMP shall provide for the treatment of the first flush runoff from the project as well as addressing the Hydraulic Conditions of Concern (HCOC) requirements.

Engineering

3.34 Where cross lot drainage is approved by the City Engineer, a private drainage easement shall be recorded on all lots accepting surface water runoff from adjacent properties and shall include installation of appropriate drainage facilities to carry said drainage to an approved location to the satisfaction of the City Engineer. Copies of recorded easements shall be provided to the City Engineer prior to issuance of a grading permit. Either the easement language, or other approved mechanism, shall include provisions for maintenance responsibilities and costs to maintain said drainage facilities.

Engineering
4) PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT

4.01 Prior to issuance of an encroachment permit, Applicant shall provide completed, signed Encroachment Permit Application and pay the permit issuance fee and inspection deposit as determined by City staff along with payment of any outstanding fees owed at that time.

Engineering

4.02 Street improvement plans to include radius type driveways in accordance with City Standard Plans for Commercial development.

Engineering

4.03 Safe horizontal traffic sight distances and vertical curve sight distances shall be maintained regardless of street intersection angles, street grades, landscaping, or the lot configuration shown on Vesting Tentative Map.

Developer shall perform a sight distance analysis that demonstrates adequate stopping sight distance is provided along street frontages in accordance with County of Riverside standards, taking into consideration intersecting streets, proposed driveways, vertical elevation differences, and curvilinear alignments to the satisfaction of the City Engineer. No landscaping, walls, fences, utility structures, entry monuments signing, or permanent construction that will be more than 30 inches in the critical height area shall be permitted.

Engineering

4.04 For work in the public right of way, Traffic Control Plan based on the California Manual of Uniform Traffic Control Devices (CA MUTCD) shall be submitted, for review and approval by the City Engineer. Traffic control shall be included as a line item in the Engineer's Estimate for bonding purposes. No construction shall be allowed prior to the approval of Traffic Control Plans.

Engineering

4.05 Signing and striping plans shall be submitted for plan check, review and approval as required by the City Engineer. Developer shall install all striping, and related signage as shown on the approved plans to the satisfaction of the City Engineer prior to acceptance of improvements.

Engineering

4.06 “No stopping zones” shall be established along property frontages to the satisfaction of the City Engineer and Public Works Director and shown on the Signing/Striping Plans.

Engineering

4.07 Street improvement plans shall be designed to contain a maximum 10-year storm flow between the curbs, a maximum 100-year storm flow within the rightof-way. For secondary and major arterial roads, project design shall maintain two dry travel lanes during 10-yr frequency storms. Design engineer shall callout the points within the street system where the design storm water flows exceed the street capacity standards. Catch basins and connector pipes shall collect the storm drainage at all points within the Project where the storm drainage exceeds street capacity.

Engineering

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4.08 The Master Developer for TPM 37862 OVTC is required to install streetlights along Roberts and Singleton Roads as part of the backbone street improvements. If any additional streetlights are required, Developer shall submit street light plans indicating the location of all existing and proposed streetlights. All project lighting shall be in accordance with applicable Calimesa Municipal Code standards or the Riverside County Department of Transportation Guidelines. Decorative, Light Emitting Diode (LED) type streetlights are required and all light type and spacing shall be approved by the City Engineer.

Engineering

4.09 Developer shall design and construct sewer facilities to serve this project as required by Yucaipa Valley Water District (YVWD). Plans and specifications for the sewer system facilities shall be submitted to the governing sewer purveyor for plan check and approval, and to the City of Calimesa for plan check and approval of City related issues, prior to issuance of a construction permit.

Developer shall submit an agreement and/or other evidence, satisfactory to the City Engineer, indicating that the Developer has entered into a contract with the sewer purveyor guaranteeing payment and installation of the sewer improvements.

Engineering

4.10 Developer shall provide onsite and offsite easements for sewer and water facilities as required by YVWD to serve this project. All easements widths and configurations shall be approved by YVWD and the City Engineer prior to recordation.

Engineering
4)PROJECT SPECIFIC CONDITIONS - PRIOR TO ENCROACHMENT PERMIT

4.11 The Developer for Oak Valley Town Center TPM 37862 (Master Developer) is required to construct backbone public improvements and supply Faithful Performance and Labor and Materials Bonds to guarantee the installation of said backbone improvements that are required for this project. Developer for this project shall enter into a Project Improvement Agreement and supply Faithful Performance and Labor and Materials Bonds (or other surety type acceptable to the City Engineer) guaranteeing the installation of any project specific public improvements not included in the backbone facilities, as required by and to the satisfaction of the City Engineer. The current Riverside County Transportation Department Engineer's estimate form shall be used for all Calimesa bonding estimates.

Engineering

4.12 No pavement cuts shall be allowed on Roberts Road or Singleton Road after the final course of pavement has been installed on new sections of these streets. Any project specific utility trenching and/or driveway cuts shall occur prior the final course of pavement on any newly installed street improvements.

Any deviations from this requirement shall be justified and approved by the City Engineer.

Engineering

4.13 Access and driveway restrictions shall be consistent with project specific Trip Generation & Circulation Context Study dated September 28, 2020, the Traffic Phasing Evaluation Report dated September 28, 2020 and the Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021.

Engineering
5)PRIOR TO IMPROVEMENT ACCEPTANCE

5.01 Developer shall file a letter with the SWRCB or submit information to the SMART System stating that the construction activity is complete. A copy of this letter shall be submitted to the City prior to acceptance of improvements.

Engineering

5.02 All approved improvement plans and revisions to approved plans shall be submitted to the City Engineer in both full sized mylars and electronic format.

As-built drawings necessary to document field construction changes shall be Engineering

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provided to the City in electronic format and on revised mylars prior to acceptance of improvements or surety release.

5.03 In accordance with the California Building Code, Title 24, and the requirements of the Americans with Disabilities Act (ADA), facilities for disabled persons shall be constructed and existing facilities shall be reconstructed at all street intersections or other locations associated with the project as required by the City Engineer.

Engineering

5.04 All catch basins and storm drain inlet facilities shall be stenciled with the appropriate "No Dumping, Only Rain in the Drain" message.

Engineering

5.05 No utility boxes, pedestals, clean outs, manholes, vaults or other impediments shall be installed within the public sidewalk area; all shall be located within the parkway or other location as approved by the City Engineer.

Engineering

5.06 Prior to acceptance of public improvements, surety release or occupancy release, all above-ground utilities, including but not limited to communication and power lines that are 33KV in size or less, which are located on site or adjacent to the property frontage, shall be placed underground to the satisfaction of the Public Works Director. The undergrounding of utilities shall be reflected on the project improvement plans.

Engineering

5.07 Prior to acceptance of improvements or surety release, Developer shall be required to replace any street improvements, including but not limited to paving, sidewalk, curb and gutter, traffic signal loops and advanced warning loops, that are damaged during construction activities, to the satisfaction of the City Engineer.

Engineering

5.08 All new electrical power, telephone, gas, fiber optics, cable television, and other miscellaneous services shall be installed underground. Said services shall be designed and constructed such that they can provide adequate service to future planning areas.

Engineering

5.09 Developer shall be responsible for research on private utility lines (gas, electric, telephone, cable, internet, etc.) to ensure there are no conflicts with site development. All existing utility lines that conflict with this project shall be relocated, removed, or sealed as directed by City Engineer.

Engineering

5.10 Prior to improvement acceptance, Developer shall dedicate to City any additional right-of-way required to accommodate ADA sidewalk crossings at proposed project driveway entrances. Developer to submit dedication documents to the City Engineer for review and approval prior to Council acceptance.

Engineering

5.11 Prior to acceptance of public improvements or surety release, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code.

Engineering
6)PRIOR TO BUILDING PERMIT ISSUANCE

6.01 All building plans shall substantially conform to the elevations approved by the City Council on September 6, 2022.

Planning

6.02 A detailed material and color board shall be submitted in conjunction with construction plans. All exterior treatments shall be keyed to and noted on the construction plans and elevations.

Planning

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6.03 Off-street parking specifications shall be provided for standard, handicap, bicycle, motorcycle, carpool, vanpool, and zero emission vehicles in accordance with Calimesa Municipal Code Section 18.45. Parking shall be provided in accordance with the Americans with Disabilities Act.

Planning

6.04 The Community Development Department shall review and approve the location and aesthetic design of any retaining walls.

Planning

6.05 All trash bin enclosures shall be provided in accordance with the City of Calimesa standard design or alternate approved design. The enclosures shall be treated to match the building and shall contain a fire-resistant cover to the satisfaction of the Public Works Department.

Planning

6.06 All exterior lighting shall comply with Calimesa Municipal Code Section

18.120.090 "Lighting in the commercial/industrial zone." Planning

6.07 Elevations and cross-section details showing the installation of proposed rooftop equipment shall be submitted. Rooftop equipment shall be installed and maintained at the height of six (6) inches below the parapet so as not to be visible from the public right-of-way.

Planning

6.08 The location of any utility vents or other equipment shall be provided on the roof plan and the location of any wall or ground-mounted equipment shall be shown on the site plan and elevations; aboveground utility boxes shall not interfere with line-of-sight visibility for parking lot circulation.

Planning

6.09 No exterior down spouts or roof scuppers shall be permitted along elevations adjacent to the public right-of-way. At elevations adjacent to the public right-of way all roof drains shall utilize interior piping but may have exterior outlets at the base of the buildings.

Planning

6.10 Details and specifications for all window and door types and treatments shall be included in the architectural plans.

Planning

6.11 All wall and ground-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with the architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans.

Planning

6.12 The Applicant shall submit an exhibit showing the location and specifications for all meter pedestals and above ground equipment adjacent to Roberts Road.

All equipment shall be located in the least visible areas and screened with landscaping materials to diminish their visibility. Equipment shall not obstruct driver visibility at intersections or driveways.

Planning

6.13 Prior to the issuance of building permits, the applicant shall comply with the provisions of the City of Calimesa Development Impact Fee ordinance. The amount of the fee for this development shall be calculated at the issuance of each building permit.

Planning

6.14 Prior to the issuance of a building permit, the applicant shall comply with the provisions of City of Calimesa Ordinance No. 212, which requires the payment of the appropriate fee for the Western Riverside County Multiple Species Habitat Conservation Plan.

Planning

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6.15 Payment of school fees shall be made to the applicable school district by the project proponent in accordance with California State law.

Planning

6.16 All sides of a building elevation shall have architectural treatment that is consistent with the architectural theme of the project to the satisfaction of the Community Development Department.

Planning

6.17 All signage shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit; all signs shall be in substantial conformance with the Project master sign program as approved by the City Council on September 6, 2022 and the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3.

Planning

6.18 Prior to issuance of a building permit, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code. Fees to include plan check, permit, inspection and appropriate Development Impact and TUMF fees.

Engineering

6.19 Prior to issuance of any building permits, Developer shall provide a rough grade certification letter for the site for approval by the City Engineer.

Engineering

6.20 Prior to issuance of any building permits, Developer shall provide compaction test results for the building pad for approval by the City Engineer or Building Official.

Engineering

6.21 Prior to issuance of a building permit, a Precise Grading, Utility and Erosion Plan shall be submitted to the Public Works Department for review and approval. Plan check fees shall be paid based on the latest adopted fee schedule
Engineering

6.22 The Site shall be developed in compliance with all current model codes. All plans shall be designed in compliance with the latest editions of the California Building Codes as adopted by the City of Calimesa.

Building and
Safety

6.23 Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel, and where necessary to provide access. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warnings, signage, gates, lifts and walking surface material. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site.

California Building Code (CBC) 11A and 11B.
a. City of Calimesa enforces the State of California provisions of the California Building Code disabled access requirements. The Federal ADA standards differ in some cases from the California State requirements. It is the building owner’s responsibility to be aware of those differences and comply accordingly.
b.
b. Disabled access parking shall be located on the shortest accessible route.

Building and
Safety

6.24 Future office space development shall be accessible per California Building Code (CBC) 11B.

Building and
Safety

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6.25 Commercial buildings on the site shall be accessible per California Building Code (CBC) 11B.

6.26 Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11A and 11B.

Building and
Safety

6.27 Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, block walls, retaining walls, site lighting, monument/building signage, and storage buildings Building and
Safety

6.28 All Departmental Conditions of Approval shall be incorporated into the final approved set of plans
Building and
Safety

6.29 Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer.

Based on change of use and potential exiting and fire life safety improvements.

Building and
Safety

6.30 The perimeter of the jobsite that is adjacent to public right of way shall have a properly installed 6’ high construction fence with privacy cloth attached. The fencing and cloth shall be maintained and kept in good condition until such time that the project has been completed or a permanent perimeter wall is in place.

All construction entrances/exits shall be approved in advance by City personnel.

Building and
Safety

6.31 Three copies of construction landscaping plans shall be submitted to and approved by the Planning Department and the City Landscape Architect. A licensed Landscape Architect shall prepare the plans.

Landscaping

6.32 The above-described plans shall be in substantial conformance with the approved conceptual plans by the City Landscape Architect, City Administrative Staff, Planning Commission, and City Council. Notes, details, and specifications shall be included.

Landscaping

6.33 All landscape and irrigation plans shall be consistent with the Calimesa Municipal Code Title 18.75, Water Conservation for Landscaping, Title 18.70, Landscape Requirements, and the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3.

Landscaping

6.34 Oak trees affected by this project shall be subject to the Oak Tree Protection Plan in the Summerwind Ranch at Oak Valley Specific Plan.

Landscaping

6.35 Landscape plans shall be drawn at a scale of 20 feet equal to 1 foot or larger.

The City Landscape Architect will not accept plans drawn in 30 feet scale or smaller.

Landscaping

6.36 No light fixture, electric transformer, fire detector check or fire hydrant shall be designed for any location in a planting area, which would make it necessary to eliminate a tree. All overhead light fixtures and utilities shall be identified on the grading and site plans and shown on the landscape plans. Utilities shall be screened appropriately with landscaping.

Landscaping

6.37 Plant materials shall be installed from container sizes consistent with Calimesa Municipal Code, Title 18.70.

Landscaping

6.38 All shrubs and ground covers shall be installed from living plant materials. On center spacing shall be approved by the City Landscape Architect to achieve appropriate plant coverage within 2 to 3 years of the installation.

Landscaping

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6.39 All planting areas shall be a minimum of 5 feet wide excluding curbs and required concrete strip adjacent to parking spaces (12" wide by 4” deep) and excluding walkways, walls, wall footings and overhead obstructions.

Landscaping

6.40 Planting areas along streets shall have approved street trees provided at the rate of 30 feet on center. All street trees shall be installed from 24-inch box containers or greater. Trees shall not block site distance at driveways and should not block signage.

Landscaping

6.41 Trees and shrubs should be used to screen and buffer edge areas. Landscaping

6.42 Landscaping should be used to define outdoor spaces, such as street edges and paseos to screen features such as storage areas, trash enclosures, loading areas, parking lots, and utility equipment.

Landscaping

6.43 Mature specimen trees in 36-inch boxes or larger shall be supplied in sufficient quantity to provide variety and emphasis at main focal areas and at project entries and monumentation.

Landscaping

6.44 Canopy shade trees shall be located directly adjacent to parking spaces evenly spaced in continuous planting areas at no farther than 25 to 30 feet on center, or at no farther than 36 feet on center in diamond shaped tree wells containing 25 square feet, to provide the required percentage of parking spaces shaded at 15 years growth per Calimesa Municipal Code, Title 18.70. Exceptions may be made where signage could become blocked.

Landscaping

6.45 Canopy shade trees shall be located in planter and islands within curbed planter areas.

Landscaping

6.46 All trees shall be double staked with vinyl type ties nailed to the lodge pole stakes in at least two vertical locations.

Landscaping

6.47 Root barriers shall be installed for all trees planted within 8 feet of walks, curbs, or walls. Approved Root Barriers shall be 20’ long centered on trunk installed adjacent to hardscape edge.

Landscaping

6.48 Erosion control landscaping is required on all manufactured slopes 3 feet or higher. The slopes shall permanent irrigate shrubs, ground cover, and trees.

Landscaping

6.49 All irrigation shall be designed and installed using high efficiency irrigation emitting devices. In planter areas wider than 12 feet and on slopes 2:1 or greater high efficiency sprinkler irrigation may be used. Drip irrigation shall be used at all other locations.

Landscaping

6.50 A weather-based smart irrigation controller shall be installed that measures evapo-transpiration. A rain shut off device shall be installed free of overhead obstruction and connected with the irrigation controller.

Landscaping

6.51 All plants shall be hydro-zoned to low-medium water use according to WUCOLS IV in Region 4, Inland Valley as a general guide.

Landscaping

6.52 All fertilizers and soil amendments used during planting preparation and installation shall be derived from organic based materials. Mycorrhizae and humate shall be incorporated into each plant pit in accordance with the manufacturer’s specifications.

Landscaping

6.53 A copy of the soil fertility recommendations and soil management plan specified using organic fertilizers and soil amendments shall be included on the first submittal of the landscape plans.

Landscaping

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6.54 The water quality and detention basins shall utilize hand planted shrubs and ground cover on all slopes. The bottom of the basin shall be as planted as recommended by the WQMP and approved by the City Landscape Architect.

Landscaping
7) PROJECT SPECIFIC CONDITIONS – PRIOR TO ISSUANCE OF A BUILDING PERMIT

7.01 Prior to issuance of a building permit, TPM 37862 shall be recorded at the County Recorders Office along with all required public sewer, water, recycled water and drainage easements located within the project boundary. Developer to provide evidence of recorded documents as required by the City Engineer.

In addition, all street vacations required by the Conditions of Approval for TPM 37862, located within the project boundary, shall be completed prior to issuance of a building permit.

Engineering
8)PRIOR TO CONSTRUCTION

8.01 The City Landscape Architect shall meet with the job site superintendent and the landscape contractor for a pre-job meeting. Copies of required landscape submittals shall be presented for approval. No landscaping shall occur prior to the meeting.

Landscaping

8.02 The builder’s name, address and emergency telephone number(s) shall be conspicuously posted at the construction site for emergency notification.

Sheriff

8.03 A list of the serial or license numbers of equipment and vehicles stored at the site shall be maintained in the construction trailer for reporting and recovery purposes.

Sheriff

8.04 Keys shall not be left with or on equipment or vehicles to help prevent theft and/or destruction.

Sheriff

8.05 The construction shall have a clearly designated point of contact, such as a construction trailer or office.

Sheriff
9)PRIOR TO CERTIFICATE OF OCCUPANCY OR SURETY RELEASE

9.01 The applicant shall obtain a business license from the City of Calimesa prior to Final Occupancy. Per CMC 5.05.140, business licenses issued by the City of Calimesa are initially valid for six months and must be renewed yearly thereafter.

Planning

9.02 The westerly half of the I-10/Singleton Road interchange shall be constructed prior to the issuance of the first certificate of occupancy for the business park uses. Specifically, this includes 1) the eastbound off ramp from I-10 to Singleton Road, 2) the westbound on ramp to I-10 from Singleton Road, and 3) realignment of Calimesa Boulevard to move the Calimesa Boulevard/Singleton Road intersection further east of the I-10 westbound ramps intersection on Singleton Road.

Planning

9.03 The applicant shall obtain a city-issued address for each structure prior to Final Occupancy.

Planning

9.04 Any fees due to the City of Calimesa for processing this project shall be paid to the City prior to Final Occupancy.

Planning

9.05 Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance.

Planning

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9.06 Prior to Certificate of Occupancy, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code.

Engineering

9.07 Prior to issuance of Certificate of Occupancy or acceptance of public improvements, all new electrical power, gas, telephone, internet/fiber optics, television, and other miscellaneous services shall be installed underground.

Engineering

9.08 Prior to issuance of Certificate of Occupancy, all grading, public and private improvements, utilities, landscaping and irrigation and other items required by the conditions of approval shall be installed and accepted by the City.

Engineering

9.09 Prior to issuance of Certificate of Occupancy, Applicant to provide evidence of project approval from applicable outside agencies including Fire Department, sewer and water purveyor, Riverside County Flood Control, US Army Corp., California Department of Fish and Wildlife, etc.

Engineering

9.10 All approved improvement plans and revisions to approved plans shall be submitted to the City Engineer in both full sized mylars and electronic format.

As-built drawings necessary to document field construction changes shall be provided to the City in electronic format and on revised mylars prior to occupancy release or acceptance of improvements or surety release.

Engineering

9.11 Prior to issuance of a Certificate of Occupancy, the engineer shall provide a fine grade certification letter for the building site to the City Engineer.

Engineering

9.12 Upon the completion of construction, the owner/developer shall file a letter with the SWRCB or submit information to the SMART System stating that the construction activity is complete. A copy of this letter shall be submitted to the City prior to occupancy
Engineering

9.13 Prior to issuance of Certificate of Occupancy, the engineer shall provide a Water Quality Management Plan certification to the Public Works Department.

Engineering
9)PROJECT SPECIFIC CONDITIONS – PRIOR TO OCCUPANCY RELEASE

9.14 Project specific mitigation shown in the approved Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021 and all improvements from Oak Valley Town Center Phasing evaluation (dated September 28,2020) are a requirement of this Developer. Improvements include I-10 Freeway interchange on/off ramp improvements, re-alignment of Calimesa Blvd, improvements to Roberts Road and Singleton Road, etc. Timing of improvement implementation shall be completed prior to occupancy release of each phase and/or as stated in the above-mentioned documents and as approved by the City Engineer.

Engineering

9.15 The Developer shall provide CC&R's (or other approved recorded mechanism) to address the following items: 1) Provide provision for mutually shared features of the development including, but not limited to, the right to access, operate and maintain shared access points, driveways, parking stalls, trash receptacles, signage and landscaping; 2) Include provisions for cross lot drainage such as drainage acceptance, maintenance and access of drainage facilities, etc.; 3) Provide education and notification regarding recycled water use; 4) Provide for maintenance and education of WQMP/BMP facilities; and 5) Provide information regarding maintenance requirements for any fuel modification zones.

Engineering
Acknowledgement and Agreement to Conditions of Approval

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As the Property Owner and Applicant(s) I (we) do hereby acknowledge that these Conditions of Approval have been read, fully understood and are hereby accepted. ______________________________ ______________________________ Applicant Signature Date
______________________________ ______________________________ Property Owner Date

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Attachment 13J

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RESOLUTION NO 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING 1) DEVELOPMENT PLAN REVIEW 21-03 FOR THE SITE

LAYOUT, ARCHITECTURAL DESIGN, LANDSCAPING, WALL PLAN,

AND MASTER SIGNAGE PROGRAM FOR AN APPROXIMATELY
705,783 SQUARE FOOT WAREHOUSE BUILDING (“BUILDING A”)
AND RELATED SITE IMPROVEMENTS AND 2) CONDITIONAL USE
PERMIT 21-01 FOR THE CONDITIONAL APPROVAL OF A
WAREHOUSE FACILITY, TO BE LOCATED ON 33.4 ACRES (LOT 4 OF TENTATIVE PARCEL MAP 37862) WITHIN THE OAK VALLEY TOWN
CENTER (TC-3) ZONING DESIGNATION OF THE SUMMERWIND
RANCH AT OAK VALLEY SPECIFIC PLAN (SP AREA 1 - AMENDMENT 3)(APN: 413-290-081), SUBJECT TO FINDINGS AND CONDITIONS OF

APPROVAL HEREIN
The City Council of the City of Calimesa hereby finds and determines that:

WHEREAS, Scott Mulkay on behalf of Birtcher Development Management, LLC (the "Applicant") has submitted a Development Plan Review (DPR 21-03) application to the City of Calimesa for approval of the site layout, architectural design, landscaping, wall plan, master signage program, and related site improvements for an approximately 705,783 square foot warehouse building and Conditional Use Permit (CUP 21-01) for the conditional approval of a warehouse facility, to be located on an approximately 33.4- acre site (Lot 4 of Tentative Parcel Map 37862) within the TC-3 planning area of the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1 – Amendment 3)( APN 413-290-081): and, WHEREAS, in connection with DPR 21-03 and CUP 21-01 for Building A, the Applicant has submitted to the City of Calimesa General Plan Amendment 21-01, SPA 21-01, DPR 21-02 for the “Wedge” truck and trailer parking facility, DPR 21-04 and CUP 21-02 for Building B, DPR 21-05 and CUP 21-03 for Building C, DPR 21-06 and CUP 21-04 for Building D, and a Funding and Reimbursement Agreement related to procurement of fire apparatus to service the project, which altogether comprise the approximately 2.25 million square foot QR Birtcher Logistics Center at Oak Valley Town Center; and, WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council considered the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum and Mitigation Monitoring and Reporting Program (“MMRP”), and the previously certified Summerwind Ranch EIR, including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the Project. In accordance with the Environmental Assessment EA 21-01, which analyzed minor technical changes to the Summerwind Ranch Specific Plan from General Plan Amendment (GPA) 21-01, Summerwind Ranch at Oak Valley Specific Plan SP 1, Amendment #3 (SPA 21-01), Development Plan Reviews 21-02 through 21-06, Conditional Use Permits 21-01 through 21-04, and revisions to the previously adopted conditions of approval for Tentative Parcel Map 37862 for the QR Birtcher Logistics Center at Oak Valley Town Center, the City Council, in its independent judgment, finds that pursuant to CEQA and the State CEQA Guidelines, all of the potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“EIR Addendum”) including MMRP, which was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10; and,
Attachment 13K

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WHEREAS, the Project complies with the requirements of the Summerwind Ranch Specific Plan, the Calimesa Municipal Code, the Summerwind Ranch EIR and EIR Addendum, and the Project is allowed with the issuance of a Development Plan Review and Conditional Use Permit in the TC-3 planning area; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on August 8, 2022, on the proposed second Addendum to the EIR and the Project, at which time all interested parties were given the opportunity to be heard and to present evidence, and after closing the public hearing the Planning Commission approved PC Resolution 2022-14, recommending that the City Council approve DPR 21-03 and CUP 21-01; and
WHEREAS, the City of Calimesa Planning Department on August 26, 2022, caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project, including Development Plan Review DPR 21-03 and CUP 21-01 for Building A, and mailed said public hearing notice to each property owner within a 300-foot radius of the project site in accordance with state law; and
WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing to consider the application for the Project and following the receipt of all testimony, closed the public hearing.

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, determine and resolve as follows:

Section 1. The City Council finds that the recitals contained in this Resolution and the information contained in the attached exhibits are true and correct, and are incorporated by this reference as if fully set forth herein.

Section 2. Prior to making a decision on this Project, the City Council reviewed and considered Resolution 2022-46, approving Environmental Assessment EA 21-01, finding that all potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (“Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum”) including MMRP, which concludes based on substantial evidence in the record that the Project will not result in any new or increased significant impacts not already analyzed in the Summerwind Ranch EIR, and was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10.

Section 3. Based on substantial evidence contained in the application, the Staff Report and supporting documents, and the public comments submitted during the public hearing, the City Council hereby makes the following findings in support of approving Development Plan Review 21-03:
(a) The development plan application is consistent with the City's General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.

The General Plan land use designation for the site is classified as SP-Area 1 (Summerwind Ranch at Oak Valley Specific Plan – Amendment 3). Within the applicable Summerwind Ranch at Oak Valley Specific Plan, the site is located within the TC-3 planning area, which is planned for Business Park use. TC-3 is subject to the development standards contained within the Office Professional (O-P) Zone in Chapter 18.25.030; Light Industrial (L-I) Zone in Chapter 18.30.030; and Business

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Park (B-P) Zone of Chapter 18.30.030 of the City of Calimesa Municipal Code and Summerwind Ranch Specific Plan – Amendment 3. Proposed development of the site is consistent with all applicable development standards such as required setbacks, floor area ratio, building heights, maximum warehouse square footage, and parking requirements. The TC-3 zoning designation is intended to accommodate industrial, business and service offices, light manufacturing, storage, and warehouse/distribution. As an industrial warehouse facility, the proposed development is most consistent with the BP zone, which conditionally allows a wide variety of warehouse uses including storage/wholesale, processing/fabrication, services, and manufacturing. The Project is a speculative facility, meaning no tenants are yet identified. However, pursuant to the specific plan, the uses anticipated include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs, and similar type uses. The tenants may operate 24/7/365. In addition, the proposal fulfills the following General Plan goals:
• POLICY LU-15: Commercial and industrial developments shall be designed to reflect the small-town atmosphere of Calimesa, using building materials such as exposed heavy timbers, weathered wood, and new and used bricks and stone, while maintaining good planning and design principles.
• POLICY LU-19: Locate commercial and industrial development in areas where street rights of-way and capacity are available, as well as sufficient infrastructure and public services.
• POLICY LU-23: Encourage the development of commercial and industrial centers to expand the employment and fiscal base of Calimesa.
• POLICY LU-24: Encourage existing and new employers in Calimesa to hire local residents when seeking to fill employment positions.
• POLICY LU-33: Provide development of uses west of Interstate 10 that will create job opportunities and compliment the Calimesa Downtown Business Corridor. • POLICY TM-4: Maintain and rehabilitate roadways to preserve and improve the quality of city streets and thoroughfares that promote access and mobility between residential neighborhoods, employment centers, shopping, and health services. • POLICY TM-11: Reduce vehicle trips through design and changes in operations. • POLICY IPS-1: The City will work with water providers and developers to ensure that water supply and delivery systems are capable of meeting normal and emergency needs.
• POLICY AQ-13: Reduce the effects of air pollution and the urban heat island effect with increased tree planting in public and private spaces.

Also, the proposed project implements a key business park planning area within the Town Center of the Summerwind Ranch at Oak Valley Specific Plan. The land use, architecture, roadway improvements, landscaping, and wall plans were all designed in accordance with the specific plan. Therefore, the Project is consistent with the City’s General Plan, the Summerwind Ranch at Oak Valley Specific Plan, applicable zoning regulations, and other state and federal regulations. (b) The design of the site plan is safe, functional, and environmentally sensitive to the surrounding properties. Grading, where required, minimizes any potential environmental damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:
1) Orientation and location of buildings and open space.

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The orientation and location of the building has been designed to maximize buildable area site has while being sensitive to nearby residential and open space uses.
2) Vehicle access.

The Project site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are three entrances to the Project, two along Singleton Road and a shared entrance along Roberts Road, through the Building B property. The easterly entrance on Singleton Road is also a shared entrance with Building B, while the westerly entrance along Singleton Road is a dedicated entrance. Therefore, the Project has and will maintain adequate vehicular access.
3) Circulation, parking, and loading.

The Project has been reviewed by the City Engineer to ensure that the proposed site circulation and parking areas are adequate for the proposed use. There is the ability to circulate completely around the building without needing to exit the property. Additionally, all entrances provide generous onsite queuing, with the ability to queue over 20 trucks in total onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances.
4) Building heights.

The maximum building height for Building A is 60’, which is compliant with the height restrictions of the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3 and the City of Calimesa Development Code. 5) Design of walls and fences.

All screen walls surrounding the truck courts on both sides of the building are 12’ tall to property screen the trucks. The balance of the screen walls along the west and south side of the site are 8’ to 14’ tall and architecturally similar to the other screen walls. The screen wall heights were derived via a combination of the visual screening required for the truck courts and the updated Noise Analysis provided as part of the QR Birtcher Logistics Center at Oak Valley Town Center Addendum (EA 21-01), with the taller requirement from the two constraints dictating the wall height. The easterly truck yard will be secured by a combination of concrete screen walls and tube steel fences and gates. All screen walls for the Project will include battered stone pilasters every 125’ in accordance with the Specific Plan. 6) Preservation of natural landforms and vegetation.

The Project is subject to the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01. The adopted mitigation measures reduce impacts to natural landforms and vegetation within the Specific Plan area.

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7) Protection and enhancement of historic, archeological, and cultural resources.

The Project is subject to the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01 thereof. The adopted mitigation measures reduce impacts to historic, archeological, or cultural resources within the Specific Plan area.
8) Minimization of environmental impacts.

The addition of industrial businesses in the City will additional tax revenue for the City and provide ample job opportunities for the local community. 10) Pedestrian amenities.

The Project will be required to provide sidewalks and bike lanes along Roberts Road, sidewalks, bike lanes, and paseos along Singleton Road, and has designed appropriate pedestrian pathways within the project area. (c) The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:
1) The scale, character, and quality of the design of the development.

The scale, character, and quality of the proposal is consistent with the industrial site planning architectural guidelines within the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3. Associated improvements include screen walls, fences, 2 employee parking stalls, 253 trailer parking spaces, vehicle circulation aisles, utility infrastructure, landscaping, exterior lighting, and a guard house. All screen walls will include battered stone pilasters every 125’ in accordance with the specific plan.
2) The appropriate use of design elements, including line, mass, contour, texture, and colors.

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the northwest elevation, prominent along Singleton Road, has both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. Building entries and office areas create building focal points with the use of varied massing, wall plan offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation. The project is using appropriate design elements.
3) The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

The proposed design of the warehouse facility project is aesthetically pleasing in that it includes aspects of unity, diversity, repetition, and symmetry, and therefore is appropriately using design principles. The site plan is laid out such that there is convenient access provided to anticipated uses, while avoiding an overbearing presence when the area is viewed from the street.
4) Harmony with surrounding structural elements.

The Project has been designed to complement existing and planned development to exhibit harmony with surrounding structural elements. 5) Screening of exterior structural elements.

The Project has been conditioned to screen all exterior mechanical equipment from public view. See finding b5 above for additional detail regarding site screening methods.
6) Lighting design.

The Project is required to comply with Calimesa Municipal Code Section

18.120 Outdoor Lighting in order to reduce and minimize light pollution produced by proposed projects.
7) Energy conservation.

The Project is required to comply with all applicable energy regulations, including Title 24 of the California Building Energy Efficiency Standards.

Title 24 requires existing and new buildings to achieve energy efficiency and preserve outdoor and indoor environmental quality. Through the implementation of this Title, the Project will comply with state energy efficiency standards.
(d) The landscaping plan ensures visual relief and provides an attractive environment for the public's enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:
1) Location, type, size, color, texture, and coverage of plant material. 2) Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas.

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3) Screening of buildings and structures so as to relate them more closely to the natural environment.
4) Minimization and concealment of utility and mechanical features. 5) Preservation of native vegetation, significant ecological areas, and environmental features.
6) Water conservation.

The conceptual landscaping plan has been reviewed and conceptually approved by the City Landscape Architect for compliance with the Calimesa Municipal Code Chapter 18.75 Water Conservation for Landscaping Requirements. Project approvals impose comprehensive conditions of approval which require compliance with the above referenced landscape requirements. In addition, the site is serviced by the Yucaipa Valley Water District and will utilize recycled water to achieve optimal water efficiency. Landscaping is used to lessen the visual impacts from surrounding streets with walls and landscaping providing a significant buffer to residential housing further to the southwest.

Section 4. Based on substantial evidence contained in the application, the Staff Report and supporting documents, and the public comments submitted during the public hearing, the City Council hereby makes the following findings in support of approving Conditional Use Permit 21-01:

1. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this zoning code.

As discussed in Section 3(a) above, planning area TC-3 is subject to the allowable uses and development standards contained within the Office Professional (O-P) Zone in Chapter 18.25.030; Light Industrial (L-I) Zone in Chapter 18.30.030; and Business Park (B-P) Zone of Chapter 18.30.030 of the City of Calimesa Municipal Code and Section V Zoning Ordinance of the Summerwind Ranch Specific Plan – Amendment 3. The zoning designation is intended to accommodate industrial, business and service offices, light manufacturing, storage, and warehouse/distribution. As an industrial warehouse facility, the proposed development is consistent with the BP zone, which conditionally allows a wide variety of warehouse uses including storage/wholesale, processing/fabrication, services, and manufacturing. The Project is a speculative facility, meaning no tenants are yet identified. However, pursuant to the specific plan, the uses anticipated include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs, and similar type uses.

2. The proposed use would not impair the integrity and character of the land use district in which it is to be located.

The site has been thoughtfully designed to complement the integrity and character of the business park zone as a cohesive logistics center, which is the envisioned land use of the area.

3. The subject site is physically suitable for the type and intensity of land use being proposed.

As demonstrated through compliance with all applicable development standards such as floor area ratio, setbacks, parking provided, and building height, the approximately

33.4 acre site accommodates the proposed type and intensity of the land use proposed,

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4. The proposed use is compatible with the land uses presently on the subject property.

The subject site is currently undeveloped. However, the proposed use is compatible with the planned logistics center that Building A is a component of.

5. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located.

The proposed warehouse use is compatible with the planned Business Park and Commercial centers that are anticipated within the immediate vicinity of the Project.

6. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses.

Building entries and office areas create building focal points with the use of varied massing, wall plan offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation. The project is using appropriate design elements.

7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

The Yucaipa Valley Water District issued an updated Preliminary Service Evaluation Letter to the Project on November 16, 2021 for potable/non-potable water and sewer service. Other public utilities such as power, internet, and phone services are available to the site. The City will provide public safety services to the Project through the City Fire Department and contract services through the Riverside County Sheriff’s Office.

8. There will be adequate provisions for public access to serve the subject proposal.

9. The proposed use is consistent with the general plan.

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10. There will not be significant adverse effects upon environmental quality and natural resources.

11. The negative impacts of the proposed use are mitigated.

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(QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21- 01 thereof. The mitigation measures, project design features, and Conditional Use Permit conditions contained herein mitigate negative impacts of the proposed use the extent feasible.

12. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city.

The site has been designed consistent with the goals/policies of the General Plan and complies with the allowable uses/development standards of the Specific Plan and Development Code. Through consistency and compliance with these applicable documents, the proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 5. Based on the findings contained in Sections 1 through 4 of this Resolution, the City Council approves Development Plan Review (DPR 21-03) for the site layout, architectural design, landscaping, wall plan, master signage program, and related site improvements for an approximately 705,783 square foot warehouse building and Conditional Use Permit (CUP 21-01) for the conditional approval of a warehouse facility, subject to the conditions of approval set forth in Exhibit A and Exhibit B to this resolution.

PASSED, APPROVED AND ADOPTED, this 6
th day of September 2022.
___________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________________

DARLENE GERDES, CITY CLERK

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ATTACHMENT A
DEVELOPMENT PLAN REVIEW 21-03
CITY COUNCIL RESOLUTION 2022-49

CONDITIONS OF APPROVAL
# Conditions of Approval Dept
1) GENERAL CONDITIONS

1.01 This conditionally approved Development Plan Review (DPR 21-03) shall expire twenty-four (24) months from the date of approval, unless extended as provided for in the Calimesa Municipal Code.

Planning

1.02 Details shown on the plans are not necessarily approved. All details must be consistent with the Summerwind Ranch at Oak Valley Specific Plan, Final Environmental Impact Report, City ordinances, other applicable regulations, and these conditions of approval. Notwithstanding this requirement, the Director of Community Development and/or City Engineer may approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the California Environmental Quality Act, Calimesa Municipal Code, other applicable regulations, and are in substantial conformance with the plans approved by the City Council on September 6, 2022 on file with the Community Development Department.

Planning

1.03 Any proposed phasing of project components shall be submitted for review and approval by the Community Development Department and the City Engineer.

Planning

1.04 The omission of a requirement of the Summerwind Ranch at Oak Valley Specific Plan as a condition of approval contained herein shall not waive any obligation of the developer to demonstrate compliance of the provisions of the Specific Plan.

Planning

1.05 Recommended approval of Development Plan Review 21-03 is contingent upon the property owner and applicant signing and returning to the Community Development Department the "Agreement to Conditions Imposed" form at the end of this exhibit.

Planning

1.06 The development of this property shall substantially conform to the Site Plan, Elevations, Color and Materials, Floor Plans, Landscape Plans, Tentative Tract Map, and other incidental plans as approved on September 6, 2022 by the City of Calimesa City Council.

Planning

1.07 As a condition of approval of Development Plan Review 21-03, the developer agrees to indemnify, protect, defend, and hold harmless the City, and agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceeding, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of the entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Planning

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1.08 All applicable mitigation measures within the certified Environmental Impact Report adopted for the Summerwind Ranch at Oak Valley Specific Plan (SCH# 2004061035) and QR Birtcher Logistics Center at Oak Valley Town Center addendum (EA 21-01) that are not specifically listed herein are hereby made a part of these conditions of approval. All costs of supervising and conducting the Mitigation Monitoring Program shall be borne by the developer. The developer shall maintain a minimum $1,000 deposit at all times and shall be responsible for any additional costs associated with the monitoring program. In addition, the Project shall comply with all applicable provisions of all federal, State, and Regional Water/Air Quality Control Board rules and regulations.

Planning

1.09 Development Plan Review 21-03 approves an approximately 705,783 squarefoot (s/f) industrial building to be used as a warehouse facility with 15,000 s/f of office area, 322 employee parking stalls, 142 trailer parking spaces, and up to 118 dock doors located at APN 413-290-081), subject to the applicant’s narrative and environmental determination EA 21-01 (Addendum to the Summerwind Ranch at Oak Valley EIR, dated May 2022).

Planning

1.10 Final architectural approval for any potential guard shack shall be granted at the staff level with no additional public hearing required. Staff shall make findings of substantial conformance to the typical architectural elevations presented in Development Plan Review 21-03. Subsequent planning commission approval shall be required only if the proposed architecture or building height/square footage is not found to be in substantial conformance with the aforementioned typical elevations.

Planning

1.11 All portions of the property shall be maintained in an orderly and clean fashion at all times. All waste products shall be disposed of in an appropriate manner.

Planning

1.12 This Development Plan Review is applied in conjunction with Environmental Assessment 21-01, General Plan Amendment 21-01, Specific Plan Amendment 21-01, Tentative Parcel Map 37862, and Conditional Use Permit 21-01, which are incorporated by reference. All applicable conditions of approval contained within City Council Resolutions 2022-46, 2022-47, 2022- 48, and Ordinance 382 are incorporated by reference.

Planning

1.13 Pursuant to the timing specified in the applicable ordinance(s), the applicant shall pay all fees in accordance with the regulations in effect at the time of permit issuance including but not limited to the City of Calimesa Development Impact Fees, the Multiple Species Habitat Conservation (MSHCP) Fee, and the Transportation Uniform Mitigation Fee (TUMF). The applicant acknowledges it is their responsibility to obtain the most current fee schedule from the Community Development Department.

Planning

1.14 Transport refrigeration units (TRUs) and generators are not permitted to operate on the side of the warehouse adjacent to the TC-10 Open Space planning area .

Planning

1.15 Trucks accessing business park uses would be equipped with ambient noisesensing back-up alarmsPlanning

1.16 Barriers consistent with the top-of-wall elevations and locations described in the QR Birtcher Logistics Center at Oak Valley Town Center addendum (EA 21-01) shall be installed at the interface between residential and business park uses. All such barriers would be solid and may be constructed of earth (berm) and/or masonry, with no cracks or gaps through or below the walls. Any seams or cracked would be filled or caulked.

Planning

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1.17 Ground disturbing activities (including archaeological testing and surveys) would be monitored by a Native American Cultural Resource Monitor(s) from a culturally affiliated Tribe(s), if required by the Tribes for precise grading and/or trenching. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submittal to the State Historic Preservation Officer and the Tribal Historic Preservation Office.

Planning

1.18 Retail sales are not authorized at the site. Planning

1.19 Construction equipment and supplies should be stored on the site in such manner as not to block natural surveillance from the surrounding streets.

Sheriff

1.20 Areas under construction shall be lit during hours of darkness. Sheriff

1.21 Fire Hazard Severity Zone: This project is in a very high fire severity zone (VHFHSZ). This is a high fire hazard brush area. This project shall comply with the materials and construction methods for exterior wildfire exposure per the 2019 CBC, Chapter 7A.

Fire

1.22 Fuel Modification: A fuel modification zone plan adhering to the guidelines from the fire prevention department shall be submitted and approved by the City of Calimesa Fire Prevention Department. Fuel Modification shall be installed per plan prior to the delivery of combustibles to the job site (including the construction trailer).

Fire

1.23 Fire Flow Test: Provide a current fire flow test report showing there is a water system capable of delivering the minimum fire flow required by the 2019 CFC Section 507.3, 507.4, and Appendix B.

Fire

1.24 Site plan: Prior to building plan approval and construction, the applicant/developer shall provide two copies of a site plan showing the locations of the nearest fire hydrant(s) to the proposed building(s), and provide the distances (dimensioned) to the fire hydrant(s) to the furthest portion of the building(s), measured along an approved route around the building.

Fire

1.25 Fire hydrants: Provide fire hydrant(s) within 400 feet of all portions of all buildings per the 2019 CFC, Section 507.5.1.

Fire

1.26 Water Plans: Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to the Calimesa Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Calimesa Fire Prevention Department for review and approval.

Fire

1.27 Water System: The water system for fire protection must be installed by a licensed contractor and approved by the Calimesa Fire Prevention Department. No combustibles shall be brought on site until the water system has been inspected, functioning, and approved by the Calimesa Fire Prevention Department.

Fire

1.28 Fire Sprinkler System: Fire sprinklers will be required per California Fire Code.

Install fire sprinklers system in accordance with the 2019 CFC, 2019 NFPA 13, City of Calimesa Fire Prevention Department. Plans must be submitted to the Calimesa Fire Prevention Department for review and approval prior to installation.

Fire

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1.29 Address Identification: Address numbers shall be placed on all new and existing commercial buildings in such a manner as to be plainly visible and legible from access roadway/street at all times, in accordance with the 2019 CFC, Section 505.1.

Fire

1.30 Fire Apparatus Access Road: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed are moved into or within the jurisdiction.
a. The fire apparatus access road shall comply with the requirements of the 2019 CFC, Section 503 and 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.

The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. b. Dimensions: Fire apparatus access road shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with the 2019 CFC Section 503.6, and unobstructed vertical clearance of not less than 13 feet 6 inches. Surface fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus of 80,000 pounds and shall be surfaced so as to provide all-weather driving capabilities. Roadways shall have a minimum 48 foot outside turning radius. Dead end access road shall not exceed 150 feet in length.

Fire

1.31 Fire Alarms: submit plans for fire alarms under a separate submittal to the City of Calimesa Fire Prevention Department. Fire alarm installations shall comply with the California Fire Code, and NFPA 72.

Fire

1.32 Fire Extinguisher (ABC): A minimum of one 2A-10BC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area. Travel distance shall not exceed 75 feet. Additional fire extinguishers, size, and class, to be determined by the Fire Marshal, may be required. Fire extinguishers shall be serviced annually and shall have a current SFM service tag attached.

Fire

1.33 Shell building, no hazardous materials: These plans have not been reviewed for hazardous materials use, storage, or handling. Hazardous materials use, storage, and handling shall be in accordance with the California Fire Code and Calimesa Fire Prevention Department requirements.

Fire

1.34 Key boxes: All new commercial and multi-family residential buildings and any existing buildings where the fire department deems access is restricted shall be required to install a key box or key switch in an approved location. Electric gates for emergency vehicle access shall include an “infrared automatic gate system” that opens the gate automatically. These devices shall be installed on all electric fire access gates.

Fire

1.35 These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time.

Fire

1.36 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

Engineering

1.37 All public improvements shall be designed in compliance with all appropriate Federal, State, County, and/or City standards. Preference shall be given to the use of Riverside County Transportation Department construction standards.

Use of other standards, i.e. Caltrans, APWA, and other shall be approved on a Engineering

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case-by-case basis. All public and private improvements shall be constructed to the standards mandated by the Americans with Disability Act (ADA) and the latest changes thereto.

1.38 City project account review shall be performed to determine if any outstanding fees are owed, and subsequent fees shall be paid prior to the following actions:
1) Map recordation; 2) Issuance of any permits (building, encroachment, grading, etc.); 3) Acceptance of improvements; 4) Occupancy release; and 5) Surety release.

Engineering

1.39 The Developer/property owner is required to provide for the perpetual maintenance of the following items: 1) Onsite private drainage facilities including storm drain pipes, inlets, concrete v-gutters, curb and gutters, biobasins and retention basins/underground infiltration chambers, 2) On-site private sewer and water facilities; 3) On-site drive aisles, parking areas, signing and striping, landscaping, walls, and fences; 4) Maintenance responsibilities to comply with the approved Water Quality Management Plan (WQMP) and continuing maintenance of Best Management Practices.

Engineering

1.40 Contractors are required to arrange for a pre-construction meeting concurrently with the issuance of any permits.

Engineering

1.41 All retaining and perimeter walls shown on a grading plan require separate plan check, permits and inspections from the City’s Building and Safety Department.

Engineering

1.42 Developer shall employ a qualified professional engineering firm to perform design services. All construction plans shall be prepared on 24”X36” drawing sheets with the City standard title block.

Engineering

1.43 Project improvement plans and reports shall be submitted for plan check to the Engineering Department for review and approval by the City Engineer. Public and private improvement plans shall be submitted as a complete package including grading, erosion, street, signing and striping, drainage, sewer, water, hydrology and hydraulics study, soils report, traffic study, WQMP & SWPPP reports, reference and backup documents and any other plans or reports as required by these conditions of approval. Incomplete submittals shall be rejected. Plan check fees/deposits shall be submitted, with the plan check submittal package, based on the latest adopted fee schedule.

Engineering

1.44 Projects that require trash enclosures shall construct trash facilities to provide for trash, recycling, and green waste. Project plans to show appropriately sized trash enclosure(s) to comply with State regulations. All trash enclosures shall include a solid roof to prevent pollutant discharge and runoff during a rain event.

Engineering

1.45 Project shall include recycling facilities per current California State standards and to the satisfaction of the Public Works Director.

Engineering

1.46 Prior to issuance of an encroachment permit for any phased construction, the project engineer shall submit a phasing plan identifying construction access, public access, and emergency access for review and approval by the City Engineer.

Engineering

1.47 Any utility conflicts or changes to the approved plans that occur during construction shall be approved by the Public Works Director and the City Engineer. Construction work in the area of conflict shall stop until the project engineer has submitted appropriate solutions to the City for review and approval.

Engineering

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1.48 Annexation into the City-wide CFD for police, fire, paramedic and park services. Prior to, or concurrent with, the City Council’s approval of the Final Map, the subdivider shall be required to complete the procedures for the annexation of the property within the boundaries of the subdivision into the City’s existing Community Facilities District known as “City of Calimesa Public Services Communities Facilities District No. 1 (Law Enforcement, Fire, Paramedic, and Park Maintenance Services)” (the “Services CFD”). This annexation shall be for the purpose of providing funding for police, fire, paramedic and park maintenance services within the subdivision. In connection with this requirement, the subdivider shall be required to consent to the annexation of the subdivision into the Services CFD and agree to waive and shall waive the right to protest said annexation, and the related assessment and to otherwise cooperate with and timely comply with related steps and actions required to complete the annexation.

Engineering
1) PROJECT SPECIFIC CONDITIONS – GENERAL CONDITIONS

1.49 Prior to occupancy release, the Developer shall annex into the Communities Facilities District (CFD) created for the Oak Valley Town Center as a condition of approval for Tentative Parcel Map No. 37862. This CFD was required for the purpose of providing funding for landscaping and maintenance of public and/or facilities within the parcel map boundaries that are not otherwise intended to be privately maintained by the property owners or Property Owner's Associations. In connection with this requirement, the Developer shall be required to consent to the annexation of the project into the CFD and agree to waive and shall waive the right to protest said annexation, and the related assessment and to otherwise cooperate with and timely comply with related steps and actions required to complete the annexation.

Engineering

1.50 All proposed traffic signal locations shall be justified with a warrant study consistent with the approved Traffic Impact Analysis and the CA Manual of Uniform Traffic Control Devices Manuals (MUTCD) (2014).

Engineering

1.51 Developer shall comply with all Mitigation Measures included in the approved Oak Valley Town Center Environmental Impact Report (EIR) Addendum, the approved Summerwind Ranch at Oak Valley EIR and Summerwind Ranch at Oak Valley Specific Plan Traffic Impact Analysis (TIA) as applicable for this project. In addition, Developer shall comply with all project requirements listed in the project specific Trip Generation & Circulation Context Study dated September 28, 2020, the Traffic Phasing Evaluation Report dated September 28, 2020 and the Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021. The following project specific conditions do not negate the requirements of the mitigation measures included in the above listed reports.

All costs of supervising and conducting the Mitigation Monitoring Program shall be borne by the developer. The developer shall maintain a minimum of $10,000 deposit at all times and shall be responsible for any additional costs associated with the monitoring program. Should a conflict arise in language between the EIR and the Project Specific conditions, the stricter interpretation shall apply as determined by the City Engineer.

Engineering

1.52 All applicable conditions of approval for Tentative Parcel Map 37862 approved by City Council Resolution No 2022-46 are incorporated herein by reference as though set forth in full.

Engineering
2) PRIOR TO A CERTAIN DATE

2.00 Setback certificates are required for all structures prior to construction. Planning 3) PRIOR TO GRADING PERMIT ISSUANCE

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3.01 Consistent with Environmental Assessment 21-01, the Applicant shall comply with all mitigation measures and project design features within the certified Environmental Impact Report adopted for the Summerwind Ranch at Oak Valley Specific Plan (SCH# 2004061035) and second addendum for the QR Birtcher Logistics Center at Oak Valley Town Center.

Planning

3.02 The Applicant shall include the project mitigation measures on the grading plans to the satisfaction of the Community Development Director.

Planning

3.03 Any additional import or export of soil that is not shown on the preliminary grading plan may require additional environmental analysis at the discretion of the Community Development Director. All costs associated with any additional environmental review shall be borne by the developer.

Planning

3.04 The developer shall demonstrate compliance with all requirements of the Yucaipa Valley Water District Preliminary Project Service Evaluation Letter dated November 16, 2021.

Planning

3.05 Prior to the issuance of a grading permit, the Applicant/Developer shall retain a professional archaeologist to conduct monitoring of all mass grading and trenching activities. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. 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.

The only consulting tribe for this Project is the Soboba Band of Luiseno Indians.

Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) as defined in this condition of approval 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 to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources Planning

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evaluation. All parties will work in good faith effort and timely manner to address the inadvertent cultural resource discoveries.

3.06 Prior to the issuance of a grading permit, the Applicant shall secure agreements with the consulting tribe(s) for tribal monitoring (if required by the Tribes for precise grading or trenching). The Applicant is also required to provide a minimum of 30 days advance notice to the tribe(s) of all ground disturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. If the Native American Tribal Representatives suspect that an archaeological resource may have been unearthed, the Project Archaeologist or the Tribal Representatives shall immediately redirect grading operations in a 100-foot radius around the find to allow identification and evaluation of the suspected resource. In consultation with the Native American Tribal Representatives, the Project Archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 21083.2.

Planning

3.07 In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Calimesa Planning Department:
i. Preservation-In-Place of the cultural resources, if feasible.

Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.
ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to condition of approval 3.04 of this resolution.

This shall include 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. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in condition of approval 3.04 of this resolution.

Planning

3.08 The City shall verify that the following note is included on the Grading Plan:
“If any suspected archaeological resources are discovered during grounddisturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find." Planning

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consideration, and implemented as deemed appropriate by the Planning Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in condition of approval 3.04 of this resolution before any further work commences in the affected area.

Planning
Developer shall comply with Assembly Bill 1414 (AB 1414) of the Business and Professions Code of the Land Surveyors Act as required to preserve existing monuments and survey control.

Engineering

3.11 Developer shall provide notarized written permission from off-site landowner(s) prior to commencing grading and constructing for any offsite improvements.

Engineering

3.14 The grading plans shall include provisions to ensure that grading will be conducted in accordance with the South Coast Air Quality Management District's Rule 403, as applicable.

Engineering

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Engineering

3.22 A Storm Water Pollution Prevention Plan (SWPPP) shall be approved and maintained throughout the scope of the project. Copies shall be available at the job site at all times.

Engineering

Staging areas shall be screened from view from residential properties.

Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.

Engineering

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3.26 Construction traffic access to an on-going phased construction site shall not be permitted through any adjacent development site, which has been completed and accepted by the City for occupancy.

Engineering

Engineering
3)PROJECT SPECIFIC CONDITIONS – PRIOR TO GRADING PERMITS

Engineering

3.34 Where cross lot drainage is approved by the City Engineer, a private drainage easement shall be recorded on all lots accepting surface water runoff from Engineering

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adjacent properties and shall include installation of appropriate drainage facilities to carry said drainage to an approved location to the satisfaction of the City Engineer. Copies of recorded easements shall be provided to the City Engineer prior to issuance of a grading permit. Either the easement language, or other approved mechanism, shall include provisions for maintenance responsibilities and costs to maintain said drainage facilities. 4) PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT

Engineering

4.02 Street improvement plans to include radius type driveways in accordance with City Standard Plans for Commercial development.

Engineering

4.06 “No stopping zones” shall be established along property frontages to the satisfaction of the City Engineer and Public Works Director and shown on the Signing/Striping Plans.

Engineering

4.08 The Master Developer for TPM 37862 OVTC is required to install street lights along Roberts and Singleton Roads as part of the backbone street improvements. If any additional street lights are required, Developer shall submit street light plans indicating the location of all existing and proposed streetlights. All project lighting shall be in accordance with applicable Calimesa Municipal Code standards or the Riverside County Department of Transportation Guidelines. Decorative, Light Emitting Diode (LED) type street lights are required and all light type and spacing shall be approved by the City Engineer.

Engineering

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Engineering

Engineering
4)PROJECT SPECIFIC CONDITIONS - PRIOR TO ENCROACHMENT PERMIT

Engineering

Any deviations from this requirement shall be justified and approved by the City Engineer.

Engineering

4.13 Access and driveway restrictions shall be consistent with project specific Trip Generation & Circulation Context Study dated September 28, 2020, the Traffic Phasing Evaluation Report dated September 28, 2020 the Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021, and Oak Valley Commerce Center Driveway Width Exception Request date June 3, 2022.

Engineering
5)PRIOR TO IMPROVEMENT ACCEPTANCE

Engineering

5.02 All approved improvement plans and revisions to approved plans shall be submitted to the City Engineer in both full sized mylars and electronic format.

As-built drawings necessary to document field construction changes shall be provided to the City in electronic format and on revised mylars prior to acceptance of improvements or surety release.

Engineering

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5.04 All catch basins and storm drain inlet facilities shall be stenciled with the appropriate "No Dumping, Only Rain in the Drain" message.

Engineering

5.11 Prior to acceptance of public improvements or surety release, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code.

Engineering
6)PRIOR TO BUILDING PERMIT ISSUANCE

6.01 All building plans shall substantially conform to the elevations approved by the City Council on September 6, 2022.

Planning

6.02 A detailed material and color board shall be submitted in conjunction with construction plans. All exterior treatments shall be keyed to and noted on the construction plans and elevations.

Planning

6.04 The Community Development Department shall review and approve the location and aesthetic design of any retaining walls.

Planning

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Planning

6.06 All exterior lighting shall comply with Calimesa Municipal Code Section

18.120.090 "Lighting in the commercial/industrial zone." Planning

Planning

6.09 No exterior down spouts or roof scuppers shall be permitted along elevations adjacent to the public right-of-way. At elevations adjacent to the public right-of way allroof drains shall utilize interior piping but may have exterior outlets at the base of the buildings.

Planning

6.10 Details and specifications for all window and door types and treatments shall be included in the architectural plans.

Planning

6.11 All wall and ground-mounted mechanical and electrical fixtures and equipment shall adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with the architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans.

Planning

6.12 The Applicant shall submit an exhibit showing the location and specifications for all meter pedestals and aboveground equipment adjacent to Roberts Road.

Planning

6.15 Payment of school fees shall be made to the applicable school district by the project proponent in accordance with California State law.

Planning

6.16 All sides of a building elevation shall have architectural treatment that is consistent with the architectural theme of the project to the satisfaction of the Community Development Department.

Planning

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Planning

Engineering

6.19 Prior to issuance of any building permits, Developer shall provide a rough grade certification letter for the site for approval by the City Engineer.

Engineering

6.20 Prior to issuance of any building permits, Developer shall provide compaction test results for the building pad for approval by the City Engineer or Building Official.

Engineering

Building and
Safety

6.24 Future office space development shall be accessible per California Building Code (CBC) 11B.

Building and
Safety

6.25 Commercial buildings on the site shall be accessible per California Building Code (CBC) 11B.

Building and
Safety

6.26 Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11A and 11B.

Building and
Safety

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6.28 All Departmental Conditions of Approval shall be incorporated into the final approved set of plans
Building and
Safety

6.29 Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer.

Based on change of use and potential exiting and fire life safety improvements.

Building and
Safety

All construction entrances/exits shall be approved in advance by City personnel.

Building and
Safety

Landscaping

6.34 Oak trees affected by this project shall be subject to the Oak Tree Protection Plan in the Summerwind Ranch at Oak Valley Specific Plan.

Landscaping

6.35 Landscape plans shall be drawn at a scale of 20 feet equal to 1 foot or larger.

The City Landscape Architect will not accept plans drawn in 30 feet scale or smaller.

Landscaping

6.37 Plant materials shall be installed from container sizes consistent with Calimesa Municipal Code, Title 18.70.

Landscaping

6.40 Planting areas along streets shall have approved street trees provided at the rate of 30 feet on center. All street trees shall be installed from 24-inch box Landscaping

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containers or greater. Trees shall not block site distance at driveways and should not block signage.

6.41 Trees and shrubs should be used to screen and buffer edge areas. Landscaping

Landscaping

6.43 Mature specimen trees in 36-inch boxes or larger shall be supplied in sufficient quantity to provide variety and emphasis at main focal areas and at project entries and monumentation.

Landscaping

6.45 Canopy shade trees shall be located in planter and islands within curbed planter areas.

Landscaping

6.46 All trees shall be double staked with vinyl type ties nailed to the lodge pole stakes in at least two vertical locations.

Landscaping

6.47 Root barriers shall be installed for all trees planted within 8 feet of walks, curbs, or walls. Approved Root Barriers shall be 20’ long centered on trunk installed adjacent to hardscape edge.

Landscaping

6.48 Erosion control landscaping is required on all manufactured slopes 3 feet or higher. The slopes shall permanent irrigate shrubs, ground cover, and trees.

Landscaping

6.51 All plants shall be hydro-zoned to low-medium water use according to WUCOLS IV in Region 4, Inland Valley as a general guide.

Landscaping

6.53 A copy of the soil fertility recommendations and soil management plan specified using organic fertilizers and soil amendments shall be included on the first submittal of the landscape plans.

Landscaping

Landscaping
7) PROJECT SPECIFIC CONDITIONS – PRIOR TO ISSUANCE OF A BUILDING PERMIT

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In addition, all street vacations required by the Conditions of Approval for TPM 37862, located within the project boundary, shall be completed prior to issuance of a building permit.

Engineering
8)PRIOR TO CONSTRUCTION

Landscaping

8.02 The builder’s name, address and emergency telephone number(s) shall be conspicuously posted at the construction site for emergency notification.

Sheriff

8.03 A list of the serial or license numbers of equipment and vehicles stored at the site shall be maintained in the construction trailer for reporting and recovery purposes.

Sheriff

8.04 Keys shall not be left with or on equipment or vehicles to help prevent theft and/or destruction.

Sheriff

8.05 The construction shall have a clearly designated point of contact, such as a construction trailer or office.

Sheriff
9)PRIOR TO CERTIFICATE OF OCCUPANCY OR SURETY RELEASE

Planning

9.03 The applicant shall obtain a city-issued address for each structure prior to Final Occupancy.

Planning

9.04 Any fees due to the City of Calimesa for processing this project shall be paid to the City prior to Final Occupancy.

Planning

9.06 Fire Apparatus: Specialized fire apparatus must be in service and in possession of the City consistent with the terms within the approved “Funding and Reimbursement Agreement between the City of Calimesa and Birtcher Development.”
Fire

9.07 Prior to Certificate of Occupancy, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code.

Engineering

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9.08 Prior to issuance of Certificate of Occupancy or acceptance of public improvements, all new electrical power, gas, telephone, internet/fiber optics, television, and other miscellaneous services shall be installed underground.

Engineering

9.09 Prior to issuance of Certificate of Occupancy, all grading, public and private improvements, utilities, landscaping and irrigation and other items required by the conditions of approval shall be installed and accepted by the City.

Engineering

9.10 Prior to issuance of Certificate of Occupancy, Applicant to provide evidence of project approval from applicable outside agencies including Fire Department, sewer and water purveyor, Riverside County Flood Control, US Army Corp., California Department of Fish and Wildlife, etc.

Engineering

9.11 All approved improvement plans and revisions to approved plans shall be submitted to the City Engineer in both full sized mylars and electronic format.

Engineering

9.12 Prior to issuance of a Certificate of Occupancy, the engineer shall provide a fine grade certification letter for the building site to the City Engineer.

Engineering

9.13 Upon the completion of construction, the owner/developer shall file a letter with the SWRCB or submit information to the SMART System stating that the construction activity is complete. A copy of this letter shall be submitted to the City prior to occupancy
Engineering

9.14 Prior to issuance of Certificate of Occupancy, the engineer shall provide a Water Quality Management Plan certification to the Public Works Department.

Engineering
9)PROJECT SPECIFIC CONDITIONS – PRIOR TO OCCUPANCY RELEASE

9.15 Project specific mitigation shown in the approved Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021 and all improvements from Oak Valley Town Center Phasing evaluation (dated September 28,2020) are a requirement of this Developer. Improvements include I-10 Freeway interchange on/off ramp improvements, re-alignment of Calimesa Blvd, improvements to Roberts Road and Singleton Road, etc. Timing of improvement implementation shall be completed prior to occupancy release of each phase and/or as stated in the above-mentioned documents and as approved by the City Engineer.

Engineering

9.16 The Developer shall provide CC&R's (or other approved recorded mechanism) to address the following items: 1) Provide provision for mutually shared features of the development including, but not limited to, the right to access, operate and maintain shared access points, driveways, parking stalls, trash receptacles, signage and landscaping; 2) Include provisions for cross lot drainage such as drainage acceptance, maintenance and access of drainage facilities, etc.; 3) Provide education and notification regarding recycled water use; 4) Provide for maintenance and education of WQMP/BMP facilities; and 5) Provide information regarding maintenance requirements for any fuel modification zones.

Engineering

9.17 Prior to Certificate of Occupancy for the first tenant to occupy Building A, should trip generation data be required for any applicable DIF, TUMF, fairshare or other fee-related purpose, an updated trip generation calculation should be provided, subject to the satisfaction of the City Engineer. This calculation should utilize accepted trip generation rates based on the most current available information reflecting the future building’s first tenant's operation and their warehouse user type. Such updated trip generation calculations shall only be used for calculations of fees and/or fair share based on actual occupancy at the time of this first tenant’s Certificate of Occupancy.

Engineering

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Acknowledgement and Agreement to Conditions of Approval As the Property Owner and Applicant(s) I (we) do hereby acknowledge that these Conditions of Approval have been read, fully understood and are hereby accepted. ______________________________ ______________________________ Applicant Signature Date
______________________________ ______________________________ Property Owner Date

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ATTACHMENT B
CONDITIONAL USE PERMIT 21-01
CITY COUNCIL RESOLUTION 2022-49

CONDITIONS OF APPROVAL
# Conditions of Approval Dept
1) GENERAL CONDITIONS

1.01 Project Description. This Conditional Use Permit is approved in compliance with the City of Calimesa Municipal Code Section 18.30.110 (Specific Development Standards for Warehouse, Storage and Distribution Facilities), as amended by Specific Plan Area #1, Section V., Zoning Ordinance (Summerwind Ranch at Oak Valley Specific Plan), pursuant to the conditions of approval stated herein, the approved site plan, the building elevations, screening plan, and any other required and approved reports and/or displays.

This project includes the operation of an approximately 705,783 square-foot (s/f) industrial building to be used as a warehouse facility with 15,000 s/f of office area, 322 employee parking stalls, 142 trailer parking spaces, and up to 118 dock doors located at APN 413-290-081), subject to the applicant’s narrative and environmental determination EA 21-01 (Addendum to the Summerwind Ranch at Oak Valley EIR, dated May 2022).

Planning

1.02 Future Tenants. The property owner (present and future) shall be responsible for providing a copy of the approved conditions of approval and approved exhibits to every current and future project tenant, lessee, and property owner to facilitate compliance with these conditions of approval and continuous use requirements. All conditions of approval, EIR mitigation measures and environmental assessment (EA 21-01) Project Features are continuously in effect throughout the operative life of the project for the use approved. Failure of the property owner, tenant, applicant, developer or any operator to comply with any or all of the conditions at any time may result in a public hearing and revocation of the approved land use, provided adequate notice, time and opportunity is provided to the property owner or other party to correct the noncomplying situation.

Planning

1.03 Revisions. Any proposed change to the approved use/activity on the site; or an increase in the exterior footprint, including addition of a vehicle/trailer maintenance facility, addition of an outdoor diesel/fuel distribution facility, exterior expansion of the building footprint, landscaping modification, exterior lighting modification, proposed change in the conditions of approval, or proposed change to the EIR mitigation measures or modifications to the Project Features identified in EA-21-01, shall require amendment to the Conditional Use Permit through a public hearing process. Modification of the building interior area which does not result in a change of use shall be processed through a ministerial building permit review process.

Planning

1.04 Expiration. This project conditional use permit approval shall expire and become void if it is not exercised within three (3) years of the effective date of this approval, through the commencement of construction of the proposed distribution warehouse use, unless an extension of time is approved. This provision shall supersede and replace CMC Section 18.15.050(H)(1), identifying a 1-year conditional use permit expiration if the use is not exercised.

Planning

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1.05 Indemnification. As a condition of approval for Conditional Use Permit 21- 01, the property owner and/or tenant agrees to indemnify, protect, defend, and hold harmless the City, and agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceeding, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the issuance of the entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Planning

1.06 Continuous Maintenance. The property owner and/or tenant shall continually maintain the property so that it is visually attractive and not dangerous to the health, safety and general welfare of both on-site users (e.g. employees) and surrounding properties. The property owner and/or tenant shall ensure that all facets of the development are regularly inspected, maintained and that any defects are timely repaired. Among the elements to be maintained, include but are not limited to:
a. Annual maintenance and repair inspections shall be conducted for all structures, fencing/walls (including noise walls), walks, parking lots, driveways, and signs to assure proper structural, electrical and mechanical safety and a properly operating irrigation system. b. Graffiti and debris shall be removed with weekly maintenance. c. All landscaping shall be maintained in a continual healthy thriving manner at proper height for required screening and air quality mitigation. Tree pruning, for the purpose of of trimming to limit the height and/or width of tree canopy and resulting in a reduction of shade coverage for the parking lot area, is prohibited. Tree pruning for the health of the tree and/or to avoid wind damage shall be done in consultation with the City Landscape Architect. Drought-resistant, fire retardant vegetation shall be used where appropriate. d. Erosion control measures shall be maintained to reduce water runoff, siltation, and promote slope stability.
e. Architectural controls shall be enforced by the property owner to maintain compatibility of theme, materials, unfaded colors, building mass, size, and height.
f. External Storage, loading, recycling, and trash storage areas shall be kept neat, orderly, and screened from public view with a solid masonry wall. The wall shall include sight-obscuring gates. The solid wall(s) and gate(s) shall be continuously maintained in good repair.

Outside storage shall be screened from public view and not exceed the height of screening walls. The primary truck entrance gate may be of perforated steel construction with a minimum of 70% opacity. g. Metal Storage Containers, if used, shall be screened by landscaping or other means.
h. Parking and on-site circulation requirements, including surfaces, all markings and traffic/directional signs shall be maintained in an unfaded condition as identified on the approved site plan. Any modification to parking and access layout requires City review and approval. The markings and signs shall be clearly defined and legible. These include parking spaces, disabled space and access path of travel, directional designations, and signs, stop signs, pedestrian crossing, speed humps “No Parking” “carpool” and “Fire Lane” designations.

Planning

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1.07 Performance Standards. The approved land uses shall operate in compliance with the general performance standards listed in the Calimesa Municipal Code Chapter 18.30.050, regarding noise, electrical disturbance, radioactivity, fire hazards, vibration, smoke, odors, and emission of heat and glare. In addition to these, the following apply:
a. Noise. No use shall be permitted which exceeds the sound levels permitted by Chapter 8.15 CMC.
b. Electrical Disturbance. Devices which radiate radio frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the parcel upon which the device is located. The term “radio frequency energy” as used herein shall mean the electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and 3,000,000
megacycles.
c. Radioactivity. The use of radioactive materials shall be limited to measuring, gauging, and calibration devices. No use shall emit dangerous radioactivity. No cleaning of radioactive materials, equipment, or devices shall be permitted.
d. Fire and Explosion Hazards. All activities involving flammable or explosive materials and all storage of such materials shall be provided with adequate safety devices against the hazard of fire and explosion. Adequate firefighting and fire suppression equipment shall be available within response times defined by the fire department.
e. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible without instruments by a reasonable person standing on any boundary line of the lot on which the use is located.
f. Smoke, Dust, Fumes, and Other Particulate Emissions. Said emission levels shall comply with the standards of the South Coast Air Quality Management District.
g. Odors. Odors shall not be in such quantities as to be offensive to a reasonable person standing anywhere outside the boundaries of the parcel from which said odors emanate.
h. Emission of Heat and Glare. Every use shall be so operated that it does not emit heat or glare in such quantity or degree as to be readily detectable by a reasonable person standing beyond any boundary line of the parcel from which said heat or glare emanates.

Planning

1.08 Lighting. The glare from any luminous source, including on-site lighting shall not exceed one-half (0.5) foot-candle at property line.

Planning

1.09 Acceptance of Conditions. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division the Conditional Use Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement.

Planning

1.10 Applicability. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth.

Planning

1.11 All operations must comply with the Project Features described in Environmental Assessment EA 21-01, as identified below:
a. Transport refrigeration units (TRUs) and generators would not be permitted to operate on the side of warehouse adjacent to TC10 Open Space.

Planning

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b. Trucks accessing business park uses would be equipped with ambient noise-sensing back-up alarms.
c. In accordance with state air quality regulations, trucks equipped with TRUs are not allowed to idle more than five minutes. To comply with this regulation, loading docks would be equipped with plug-in outlets for idling trucks.
d. Business park structures would have solar-ready roofs. e. Gas lines would be run to each business park building for potential future use.
f. Barriers consistent with the heights and locations shown on Figure 4, Edge Condition Barriers, would be installed at the interface between residential and business park uses. All such barriers would be solid and may be constructed of earth (berm) and/or masonry, with no cracks or gaps through or below the walls. Any seams or cracks would be filled or caulked.

1.12 Parking on access driveways, fire lanes and fire department turnarounds is prohibited.

Planning

1.13 A current Five-Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title-19 and City of Calimesa Fire Prevention requirements.

Planning
Acknowledgement and Agreement to Conditions of Approval As the property owner and/or developer, I understand and accept the conditions of approval contained in this Exhibit B to City Council Resolution 2022-49.
______________________________ ______________________________ Applicant Signature Date
______________________________ ______________________________ Property Owner Date

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Attachment 13L

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RESOLUTION NO. 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING 1) DEVELOPMENT PLAN REVIEW 21-04 FOR THE SITE

LAYOUT, ARCHITECTURAL DESIGN, LANDSCAPING, WALL PLAN,

AND MASTER SIGNAGE PROGRAM FOR AN APPROXIMATELY
446,172 SQUARE FOOT WAREHOUSE BUILDING (“BUILDING B”)
AND RELATED SITE IMPROVEMENTS AND 2) CONDITIONAL USE
PERMIT 21-02 FOR THE CONDITIONAL APPROVAL OF A
WAREHOUSE FACILITY, TO BE LOCATED ON 24.28 ACRES (LOT 3 OF TENTATIVE PARCEL MAP 37862) WITHIN THE OAK VALLEY
TOWN CENTER (TC-3) ZONING DESIGNATION OF THE

SUMMERWIND RANCH AT OAK VALLEY SPECIFIC PLAN (SP AREA
1 - AMENDMENT 3)(APNS: 413-190-079 AND 413-290-080), SUBJECT

TO FINDINGS AND CONDITIONS OF APPROVAL HEREIN
The City Council of the City of Calimesa hereby finds and determines that:

WHEREAS, Scott Mulkay on behalf of Birtcher Development Management, LLC (the "Applicant") has submitted a Development Plan Review (DPR 21-04) application to the City of Calimesa for approval of the site layout, architectural design, landscaping, wall plan, master signage program, and related site improvements for an approximately 446,172 square foot warehouse building and Conditional Use Permit (CUP 21-02) for the conditional approval of a warehouse facility, to be located on an approximately 24.28- acre site (Lot 3 of Tentative Parcel Map 37862) within the TC-3 planning area of the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1 – Amendment 3)(portions of APNS 413-190-079 and 413-290- 81): and,
WHEREAS, in connection with DPR 21-04 and CUP 21-02 for Building B, the Applicant has submitted to the City of Calimesa General Plan Amendment 21-01, SPA 21-01, DPR 21-02 for the “Wedge” truck and trailer parking facility, DPR 21-03 and CUP 21-01 for Building A, DPR 21-05 and CUP 21-03 for Building C, DPR 21-06 and CUP 21-04 for Building D, and a Funding and Reimbursement Agreement related to procurement of fire apparatus to service the project, which altogether comprise the approximately 2.25 million square foot QR Birtcher Logistics Center at Oak Valley Town Center; and, WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council considered the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum and Mitigation Monitoring and Reporting Program (“MMRP”), and the previously certified Summerwind Ranch EIR, including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the Project. In accordance with the Environmental Assessment EA 21-01, which analyzed minor technical changes to the Summerwind Ranch Specific Plan from General Plan Amendment (GPA) 21-01, Summerwind Ranch at Oak Valley Specific Plan SP 1, Amendment #3 (SPA 21-01), Development Plan Reviews 21-02 through 21-06, Conditional Use Permits 21-01 through 21-04, and revisions to the previously adopted conditions of approval for Tentative Parcel Map 37862 for the QR Birtcher Logistics Center at Oak Valley Town Center, the City Council, in its independent judgment, finds that pursuant to CEQA and the State CEQA Guidelines, all of the potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“EIR Addendum”) including MMRP, which was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10; and,
Attachment 13M

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WHEREAS, the Project complies with the requirements of the Summerwind Ranch Specific Plan, the Calimesa Municipal Code, the Summerwind Ranch EIR and EIR Addendum, and the Project is allowed with the issuance of a Development Plan Review and Conditional Use Permit in the TC-3 planning area; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on August 8, 2022, on the proposed second Addendum to the EIR and the Project, at which time all interested parties were given the opportunity to be heard and to present evidence, and after closing the public hearing the Planning Commission approved PC Resolution 2022-15, recommending that the City Council approve DPR 21-04 and CUP 21-02; and
WHEREAS, the City of Calimesa Planning Department on August 26, 2022, caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project, including Development Plan Review DPR 21-04 and CUP 21-02 for Building B, and mailed said public hearing notice to each property owner within a 300-foot radius of the project site in accordance with state law; and
WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing to consider the application for the Project and following the receipt of all testimony, closed the public hearing.

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, determine and resolve as follows:

Section 2. Prior to making a decision on this Project, the City Council reviewed and considered Resolution 2022-46, approving Environmental Assessment EA 21-01, finding that all potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (“Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum”) including MMRP, which concludes based on substantial evidence in the record that the Project will not result in any new or increased significant impacts not already analyzed in the Summerwind Ranch EIR, was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10.

Section 3. Based on substantial evidence contained in the application, the Staff Report and supporting documents, and the public comments submitted during the public hearing, the City Council hereby makes the following findings in support of approving Development Plan Review 21-04:
(a) The development plan application is consistent with the City's General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.

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Chapter 18.25.030; Light Industrial (L-I) Zone in Chapter 18.30.030; and Business Park (B-P) Zone of Chapter 18.30.030 of the City of Calimesa Municipal Code and Summerwind Ranch Specific Plan – Amendment 3. Proposed development of the site is consistent with all applicable development standards such as required setbacks, floor area ratio, building heights, maximum warehouse square footage, and parking requirements. The TC-3 zoning designation is intended to accommodate industrial, business and service offices, light manufacturing, storage, and warehouse/distribution. As an industrial warehouse facility, the proposed development is most consistent with the BP zone, which conditionally allows a wide variety of warehouse uses including storage/wholesale, processing/fabrication, services, and manufacturing. The Project is a speculative facility, meaning no tenants are yet identified. However, pursuant to the specific plan, the uses anticipated include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs, and similar type uses. The tenants may operate 24/7/365. In addition, the proposal fulfills the following General Plan goals:
• POLICY LU-15: Commercial and industrial developments shall be designed to reflect the small-town atmosphere of Calimesa, using building materials such as exposed heavy timbers, weathered wood, and new and used bricks and stone, while maintaining good planning and design principles.
• POLICY LU-19: Locate commercial and industrial development in areas where street rights of-way and capacity are available, as well as sufficient infrastructure and public services.
• POLICY LU-23: Encourage the development of commercial and industrial centers to expand the employment and fiscal base of Calimesa.
• POLICY LU-24: Encourage existing and new employers in Calimesa to hire local residents when seeking to fill employment positions.
• POLICY LU-33: Provide development of uses west of Interstate 10 that will create job opportunities and compliment the Calimesa Downtown Business Corridor. • POLICY TM-4: Maintain and rehabilitate roadways to preserve and improve the quality of city streets and thoroughfares that promote access and mobility between residential neighborhoods, employment centers, shopping, and health services. • POLICY TM-11: Reduce vehicle trips through design and changes in operations. • POLICY IPS-1: The City will work with water providers and developers to ensure that water supply and delivery systems are capable of meeting normal and emergency needs.
• POLICY AQ-13: Reduce the effects of air pollution and the urban heat island effect with increased tree planting in public and private spaces.

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The orientation and location of the building has been designed to maximize buildable area site has while being sensitive to nearby residential, open space, and planned commercial uses.
2) Vehicle access.

The Project site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are two entrances to the Project, one shared entrance with Building A along Singleton Road and a shared entrance along Roberts Road. Therefore, the Project has and will maintain adequate vehicular access.
3) Circulation, parking, and loading.

The Project has been reviewed by the City Engineer to ensure that the proposed site circulation and parking areas are adequate for the proposed use. There is the ability to circulate completely around the building without needing to exit the property. Additionally, all entrances provide generous onsite queuing, with the ability to queue over 10 trucks in total onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances.
4) Building heights.

The maximum building height for Building B is 60’, which is compliant with the height restrictions of the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3 and the City of Calimesa Development Code. 5) Design of walls and fences.

To properly screen the trucks, 12’ tall screen walls are located at both truck court entrances on the north and south side of the building. All screen walls for the Project will include battered stone pilasters every 125’ in accordance with the Specific Plan. The truck yard will be fully secured by a combination of concrete screen walls, tube steel fences, and gates. 6) Preservation of natural landforms and vegetation.

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adopted mitigation measures reduce impacts to historic, archeological, or cultural resources within the Specific Plan area.
8) Minimization of environmental impacts.

The addition of industrial businesses in the City will additional tax revenue for the City and provide ample job opportunities for the local community. 10) Pedestrian amenities.

The scale, character, and quality of the proposal is consistent with the industrial site planning architectural guidelines within the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3. Associated improvements include screen walls, fences, 356 employee parking stalls, 81 trailer parking spaces, vehicle circulation aisles, truck courts, utility infrastructure, landscaping, exterior lighting, and signage. All screen walls will include battered stone pilasters every 125’ in accordance with the specific plan.
2) The appropriate use of design elements, including line, mass, contour, texture, and colors.

The architectural character of the Project is consistent with the Summerwind Ranch at Oak Valley Specific Plan architectural guidelines. The architecture incorporates elements of the American farmhouse aesthetic to foster harmony with the development throughout Summerwind Ranch. To the extent possible, large wall planes are avoided by providing offsets, details, and the use of color and other ornamental architectural features. Specifically the northwest elevation, prominent along Singleton Road, and the southeast elevation have both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. The northeast elevation, prominent along Roberts Road, provides variation in color, clerestory glazing, reveals, parapet height variation, metal tube canopies, accent stone, and form liner to provide visual interest. Building entries and

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office areas create building focal points with the use of varied massing, wall plan offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation. The project is using appropriate design elements.
3) The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

The Project has been designed to complement existing and planned development to exhibit harmony with surrounding structural elements. 5) Screening of exterior structural elements.

The Project has been conditioned to screen all exterior mechanical equipment from public view. See finding b5 above for additional detail regarding site screening methods.
6) Lighting design.

The Project is required to comply with Calimesa Municipal Code Section

18.120 Outdoor Lighting in order to reduce and minimize light pollution produced by proposed projects.
7) Energy conservation.

The Project is required to comply with all applicable energy regulations, including Title 24 of the California Building Energy Efficiency Standards.

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4) Minimization and concealment of utility and mechanical features. 5) Preservation of native vegetation, significant ecological areas, and environmental features.
6) Water conservation.

1. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this zoning code.

2. The proposed use would not impair the integrity and character of the land use district in which it is to be located.

The site has been thoughtfully designed to complement the integrity and character of the business park zone as a cohesive logistics center, which is the envisioned land use of the area.

3. The subject site is physically suitable for the type and intensity of land use being proposed.

As demonstrated through compliance with all applicable development standards such as floor area ratio, setbacks, parking provided, and building height, the approximately

24.28-acre site accommodates the proposed type and intensity of the land use proposed,

4. The proposed use is compatible with the land uses presently on the subject property.

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The subject site is currently undeveloped. However, the proposed use is compatible with the planned logistics center that Building B is a component of.

5. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located.

The proposed warehouse use is compatible with the planned Business Park and Commercial centers that are anticipated within the immediate vicinity of the Project.

6. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses.

As discussed in Section 3(c) above, the architectural character of the Project is consistent with the Summerwind Ranch at Oak Valley Specific Plan architectural guidelines. The architecture incorporates elements of the American farmhouse aesthetic to foster harmony with the development throughout Summerwind Ranch. To the extent possible, large wall planes are avoided by providing offsets, details, and the use of color and other ornamental architectural features. Specifically, the northwest elevation, prominent along Singleton Road, and the southeast elevation have both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. The northeast elevation, prominent along Roberts Road, provides variation in color, clerestory glazing, reveals, parapet height variation, metal tube canopies, accent stone, and form liner to provide visual interest. Building entries and office areas create building focal points with the use of varied massing, wall plan offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation. The project is using appropriate design elements.

7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

8. There will be adequate provisions for public access to serve the subject proposal.

9. The proposed use is consistent with the general plan.

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Summerwind Ranch Specific Plan – Amendment 3. Proposed development of the site is consistent with all applicable development standards such as required setbacks, floor area ratio, building heights, maximum warehouse square footage, and parking requirements. The TC-3 zoning designation is intended to accommodate industrial, business and service offices, light manufacturing, storage, and warehouse/distribution. As an industrial warehouse facility, the proposed development is most consistent with the BP zone, which conditionally allows a wide variety of warehouse uses including storage/wholesale, processing/fabrication, services, and manufacturing. The Project is a speculative facility, meaning no tenants are yet identified. However, pursuant to the specific plan, the uses anticipated include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs, and similar type uses. The tenants may operate 24/7/365. In addition, the proposal fulfills the following General Plan goals:
• POLICY LU-15: Commercial and industrial developments shall be designed to reflect the small-town atmosphere of Calimesa, using building materials such as exposed heavy timbers, weathered wood, and new and used bricks and stone, while maintaining good planning and design principles.
• POLICY LU-19: Locate commercial and industrial development in areas where street rights of-way and capacity are available, as well as sufficient infrastructure and public services.
• POLICY LU-23: Encourage the development of commercial and industrial centers to expand the employment and fiscal base of Calimesa.
• POLICY LU-24: Encourage existing and new employers in Calimesa to hire local residents when seeking to fill employment positions.
• POLICY LU-33: Provide development of uses west of Interstate 10 that will create job opportunities and compliment the Calimesa Downtown Business Corridor. • POLICY TM-4: Maintain and rehabilitate roadways to preserve and improve the quality of city streets and thoroughfares that promote access and mobility between residential neighborhoods, employment centers, shopping, and health services. • POLICY TM-11: Reduce vehicle trips through design and changes in operations. • POLICY IPS-1: The City will work with water providers and developers to ensure that water supply and delivery systems are capable of meeting normal and emergency needs.
• POLICY AQ-13: Reduce the effects of air pollution and the urban heat island effect with increased tree planting in public and private spaces.

10. There will not be significant adverse effects upon environmental quality and natural resources.

11. The negative impacts of the proposed use are mitigated.

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01 thereof. The mitigation measures, project design features, and Conditional Use Permit conditions contained herein mitigate negative impacts of the proposed use the extent feasible.

12. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city.

Section 5. Based on the findings contained in Sections 1 through 4 of this Resolution, the City Council hereby approves Development Plan Review (DPR 21-04) for the site layout, architectural design, landscaping, wall plan, master signage program, and related site improvements for an approximately 446,172 square foot warehouse building and Conditional Use Permit (CUP 21-02) for the conditional approval of a warehouse facility, subject to the conditions of approval set forth in Exhibit A and Exhibit B to this resolution.

PASSED, APPROVED AND ADOPTED, this 6
th day of September 2022.
___________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK

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ATTACHMENT A
DEVELOPMENT PLAN REVIEW 21-04
CITY COUNCIL RESOLUTION 2022-50

CONDITIONS OF APPROVAL
# Conditions of Approval Dept
1) GENERAL CONDITIONS

1.01 This conditionally approved Development Plan Review (DPR 21-04) shall expire twenty-four (24) months from the date of approval, unless extended as provided for in the Calimesa Municipal Code.

Planning

1.03 Any proposed phasing of project components shall be submitted for review and approval by the Community Development Department and the City Engineer.

Planning

1.05 Recommended approval of Development Plan Review 21-04 is contingent upon the property owner and applicant signing and returning to the Community Development Department the "Agreement to Conditions Imposed" form at the end of this exhibit.

Planning

1.06 The development of this property shall substantially conform to the Site Plan, Elevations, Color and Materials, Floor Plans, Landscape Plans, Tentative Tract Map conditions, and other incidental plans as approved on September 6, 2022 by the City of Calimesa City Council.

Planning

1.07 As a condition of approval of Development Plan Review 21-04, the developer agrees to indemnify, protect, defend, and hold harmless the City, and agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceeding, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of the entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Planning

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Planning

1.09 Development Plan Review 21-04 approves an approximately 446,172 square foot warehouse building with up to 24,000 square feet of office space within the building to be located within planning area TC-3, subject to the conditions of approval herein. Associated improvements include screen walls, fences, 356 employee parking stalls, 81 trailer parking spaces, vehicle circulation aisles, utility infrastructure, landscaping, exterior lighting, and a guard house. All screen walls will include battered stone pilasters every 125’ in accordance with the Specific Plan.

Planning

1.10 Final architectural approval for the guard shack shall be granted at the staff level with no additional public hearing required. Staff shall make findings of substantial conformance to the typical architectural elevations presented in Development Plan Review 21-04. Subsequent planning commission approval shall be required only if the proposed architecture or building height/square footage is not found to be in substantial conformance with the aforementioned typical elevations.

Planning

1.11 All portions of the property shall be maintained in an orderly and clean fashion at all times. All waste products shall be disposed of in an appropriate manner.

Planning

1.12 This Development Plan Review is applied in conjunction with Environmental Assessment 21-01, General Plan Amendment 21-01, Specific Plan Amendment 21-01, Tentative Parcel Map 37862, and CUP 21-02, which are incorporated by reference. All applicable conditions of approval contained within City Council Resolutions 2022-46, 2022-47, 2022-48, and Ordinance 382 are incorporated by reference.

Planning

1.15 Trucks accessing business park uses would be equipped with ambient noisesensing back-up alarmsPlanning

Planning

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the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submittal to the State Historic Preservation Officer and the Tribal Historic Preservation Office.

1.18 Retail sales are not authorized at the site. Planning

1.19 Construction equipment and supplies should be stored on the site in such manner as not to block natural surveillance from the surrounding streets.

Sheriff

1.20 Areas under construction shall be lit during hours of darkness. Sheriff

Fire

1.22 Fuel Modification: A fuel modification zone plan adhering to the guidelines from the fire prevention department shall be submitted, and approved by the City of Calimesa Fire Prevention Department. Fuel Modification shall be installed per plan prior to the delivery of combustibles to the job site (including the construction trailer).

Fire

1.23 Fire Flow Test: Provide a current fire flow test report showing there is a water system capable of delivering the minimum fire flow required by the 2019 CFC Section 507.3, 507.4, and Appendix B.

Fire

1.25 Fire hydrants: Provide fire hydrant(s) within 400 feet of all portions of all buildings per the 2019 CFC, Section 507.5.1.

Fire

1.28 Fire Sprinkler System: Fire sprinklers will be required per California Fire Code.

Fire

1.29 Address Identification: Address numbers shall be placed on all new and existing commercial buildings in such a manner as to be plainly visible and Fire

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legible from access roadway/street at all times, in accordance with the 2019 CFC, Section 505.1.

Fire

1.35 These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time.

Fire

1.36 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

Engineering

Use of other standards, i.e. Caltrans, APWA, and other shall be approved on a case-by-case basis. All public and private improvements shall be constructed Engineering

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to the standards mandated by the Americans with Disability Act (ADA) and the latest changes thereto.

Engineering

1.40 Contractors are required to arrange for a pre-construction meeting concurrently with the issuance of any permits.

Engineering

1.41 All retaining and perimeter walls shown on a grading plan require separate plan check, permits and inspections from the City’s Building and Safety Department.

Engineering

1.45 Project shall include recycling facilities per current California State standards and to the satisfaction of the Public Works Director.

Engineering

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Engineering
1) PROJECT SPECIFIC CONDITIONS – GENERAL CONDITIONS

Engineering

1.52 All applicable conditions of approval for Tentative Parcel Map 37862 approved by City Council Resolution No 2022-46 are incorporated herein by reference as though set forth in full.

Engineering
2) PRIOR TO A CERTAIN DATE

2.00 Setback certificates are required for all structures prior to construction. Planning 3) PRIOR TO GRADING PERMIT ISSUANCE

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Planning

3.02 The Applicant shall include the project mitigation measures on the grading plans to the satisfaction of the Community Development Director.

Planning

3.04 The developer shall demonstrate compliance with all requirements of the Yucaipa Valley Water District Preliminary Project Service Evaluation Letter dated November 16, 2021.

Planning

The only consulting tribe for this Project is the Soboba Band of Luiseno Indians.

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evaluation. All parties will work in good faith effort and timely manner to address the inadvertent cultural resource discoveries.

Planning

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Planning
Developer shall comply with Assembly Bill 1414 (AB 1414) of the Business and Professions Code of the Land Surveyors Act as required to preserve existing monuments and survey control.

Engineering

3.11 Developer shall provide notarized written permission from off-site landowner(s) prior to commencing grading and constructing for any offsite improvements.

Engineering

3.14 The grading plans shall include provisions to ensure that grading will be conducted in accordance with the South Coast Air Quality Management District's Rule 403, as applicable.

Engineering

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Engineering

3.22 A Storm Water Pollution Prevention Plan (SWPPP) shall be approved and maintained throughout the scope of the project. Copies shall be available at the job site at all times.

Engineering

Staging areas shall be screened from view from residential properties.

Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.

Engineering

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3.26 Construction traffic access to an on-going phased construction site shall not be permitted through any adjacent development site, which has been completed and accepted by the City for occupancy.

Engineering

3.31 Prior to issuance of a grading permit, the applicant shall provide written clearances (as applicable) to the City evidencing that all pertinent requirements of the following agencies have been met: 1) Yucaipa Valley Water District for sewer, water and recycled water service; 2) Riverside County Fire Department approving the location/size of fire service pipe and detector check assembly, FDC, PIV, fire hydrants, fire flow calculations, fire lanes, etc.

Engineering
3)PROJECT SPECIFIC CONDITIONS – PRIOR TO GRADING PERMITS

Engineering

3.34 Where cross lot drainage is approved by the City Engineer, a private drainage easement shall be recorded on all lots accepting surface water runoff from Engineering

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Engineering

4.02 Street improvement plans to include radius type driveways in accordance with City Standard Plans for Commercial development.

Engineering

4.06 “No stopping zones” shall be established along property frontages to the satisfaction of the City Engineer and Public Works Director and shown on the Signing/Striping Plans.

Engineering

4.08 The Master Developer for TPM 37862 OVTC is required to install street lights along Roberts and Singleton Roads as part of the backbone street improvements. If any additional street lights are required, Developer shall submit street light plans indicating the location of all existing and proposed streetlights. All project lighting shall be in accordance with applicable Calimesa Municipal Code standards or the Riverside County Department of Transportation Guidelines. Decorative, Light Emitting Diode (LED) type street lights are required and all light type and spacing shall be approved by the City Engineer.

Engineering

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Engineering

Engineering
4)PROJECT SPECIFIC CONDITIONS - PRIOR TO ENCROACHMENT PERMIT

Engineering

Any deviations from this requirement shall be justified and approved by the City Engineer.

Engineering

4.13 Access and driveway restrictions shall be consistent with project specific Trip Generation & Circulation Context Study dated September 28, 2020, the Traffic Phasing Evaluation Report dated September 28, 2020, the Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021, and the Oak Valley Commerce Center Driveway Width Exception Request dated June 3, 2022.

Engineering
5)PRIOR TO IMPROVEMENT ACCEPTANCE

Engineering

5.02 All approved improvement plans and revisions to approved plans shall be submitted to the City Engineer in both full sized mylars and electronic format.

As-built drawings necessary to document field construction changes shall be provided to the City in electronic format and on revised mylars prior to acceptance of improvements or surety release.

Engineering

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5.04 All catch basins and storm drain inlet facilities shall be stenciled with the appropriate "No Dumping, Only Rain in the Drain" message.

Engineering

5.11 Prior to acceptance of public improvements or surety release, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code.

Engineering
6)PRIOR TO BUILDING PERMIT ISSUANCE

6.01 All building plans shall substantially conform to the elevations approved by the City Council on September 6, 2022.

Planning

6.02 A detailed material and color board shall be submitted in conjunction with construction plans. All exterior treatments shall be keyed to and noted on the construction plans and elevations.

Planning

6.04 The Community Development Department shall review and approve the location and aesthetic design of any retaining walls.

Planning

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Planning

6.06 All exterior lighting shall comply with Calimesa Municipal Code Section

18.120.090 "Lighting in the commercial/industrial zone." Planning

Planning

6.10 Details and specifications for all window and door types and treatments shall be included in the architectural plans.

Planning

6.12 The Applicant shall submit an exhibit showing the location and specifications for all meter pedestals and aboveground equipment adjacent to Roberts Road.

Planning

6.15 Payment of school fees shall be made to the applicable school district by the project proponent in accordance with California State law.

Planning

6.16 All sides of a building elevation shall have architectural treatment that is consistent with the architectural theme of the project to the satisfaction of the Community Development Department.

Planning

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Planning

Engineering

6.19 Prior to issuance of any building permits, Developer shall provide a rough grade certification letter for the site for approval by the City Engineer.

Engineering

6.20 Prior to issuance of any building permits, Developer shall provide compaction test results for the building pad for approval by the City Engineer or Building Official.

Engineering

Building and
Safety

6.24 Future office space development shall be accessible per California Building Code (CBC) 11B.

Building and
Safety

6.25 Commercial buildings on the site shall be accessible per California Building Code (CBC) 11B.

6.26 Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11A and 11B.

Building and
Safety

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6.28 All Departmental Conditions of Approval shall be incorporated into the final approved set of plans
Building and
Safety

6.29 Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer.

Based on change of use and potential exiting and fire life safety improvements.

Building and
Safety

All construction entrances/exits shall be approved in advance by City personnel.

Building and
Safety

Landscaping

6.34 Oak trees affected by this project shall be subject to the Oak Tree Protection Plan in the Summerwind Ranch at Oak Valley Specific Plan.

Landscaping

6.35 Landscape plans shall be drawn at a scale of 20 feet equal to 1 foot or larger.

The City Landscape Architect will not accept plans drawn in 30 feet scale or smaller.

Landscaping

6.37 Plant materials shall be installed from container sizes consistent with Calimesa Municipal Code, Title 18.70.

Landscaping

6.40 Planting areas along streets shall have approved street trees provided at the rate of 30 feet on center. All street trees shall be installed from 24-inch box Landscaping

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containers or greater. Trees shall not block site distance at driveways and should not block signage.

6.41 Trees and shrubs should be used to screen and buffer edge areas. Landscaping

Landscaping

6.43 Mature specimen trees in 36-inch boxes or larger shall be supplied in sufficient quantity to provide variety and emphasis at main focal areas and at project entries and monumentation.

Landscaping

6.45 Canopy shade trees shall be located in planter and islands within curbed planter areas.

Landscaping

6.46 All trees shall be double staked with vinyl type ties nailed to the lodge pole stakes in at least two vertical locations.

Landscaping

6.47 Root barriers shall be installed for all trees planted within 8 feet of walks, curbs, or walls. Approved Root Barriers shall be 20’ long centered on trunk installed adjacent to hardscape edge.

Landscaping

6.48 Erosion control landscaping is required on all manufactured slopes 3 feet or higher. The slopes shall permanent irrigate shrubs, ground cover, and trees.

Landscaping

6.51 All plants shall be hydro-zoned to low-medium water use according to WUCOLS IV in Region 4, Inland Valley as a general guide.

Landscaping

6.53 A copy of the soil fertility recommendations and soil management plan specified using organic fertilizers and soil amendments shall be included on the first submittal of the landscape plans.

Landscaping

Landscaping
7) PROJECT SPECIFIC CONDITIONS – PRIOR TO ISSUANCE OF A BUILDING PERMIT

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In addition, all street vacations required by the Conditions of Approval for TPM 37862, located within the project boundary, shall be completed prior to issuance of a building permit.

Engineering
8)PRIOR TO CONSTRUCTION

Landscaping

8.02 The builder’s name, address and emergency telephone number(s) shall be conspicuously posted at the construction site for emergency notification.

Sheriff

8.03 A list of the serial or license numbers of equipment and vehicles stored at the site shall be maintained in the construction trailer for reporting and recovery purposes.

Sheriff

8.04 Keys shall not be left with or on equipment or vehicles to help prevent theft and/or destruction.

Sheriff

8.05 The construction shall have a clearly designated point of contact, such as a construction trailer or office.

Sheriff
9)PRIOR TO CERTIFICATE OF OCCUPANCY OR SURETY RELEASE

Planning

9.03 The applicant shall obtain a city-issued address for each structure prior to Final Occupancy.

Planning

9.04 Any fees due to the City of Calimesa for processing this project shall be paid to the City prior to Final Occupancy.

Planning

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9.07 Prior to Certificate of Occupancy, the Developer shall be responsible for the payment of all outstanding fees as required by the City of Calimesa Municipal Code.

Engineering

9.11 All approved improvement plans and revisions to approved plans shall be submitted to the City Engineer in both full sized mylars and electronic format.

Engineering

9.12 Prior to issuance of a Certificate of Occupancy, the engineer shall provide a fine grade certification letter for the building site to the City Engineer.

Engineering

9.14 Prior to issuance of Certificate of Occupancy, the engineer shall provide a Water Quality Management Plan certification to the Public Works Department.

Engineering
9)PROJECT SPECIFIC CONDITIONS – PRIOR TO OCCUPANCY RELEASE

Engineering

9.17 Prior to Certificate of Occupancy for the first tenant to occupy Building B, should trip generation data be required for any applicable DIF, TUMF, fairshare or other fee-related purpose, an updated trip generation calculation should be provided, subject to the satisfaction of the City Engineer. This calculation should utilize accepted trip generation rates based on the most Engineering

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current available information reflecting the future building’s first tenant's operation and their warehouse user type. Such updated trip generation calculations shall only be used for calculations of fees and/or fair share based on actual occupancy at the time of this first tenant’s Certificate of Occupancy.

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ATTACHMENT B
CONDITIONAL USE PERMIT 21-02
CITY COUNCIL RESOLUTION 2022-50

CONDITIONS OF APPROVAL
# Conditions of Approval Dept
1) GENERAL CONDITIONS

This project includes the operation of an approximately 446,172 square-foot (s/f) industrial building to be used as a warehouse facility with 24,000 s/f of office area, 356 employee parking stalls, 81 trailer parking spaces, and up to 69 dock doors located at APNs 413-190-079 and 413-290-081), subject to the applicant’s narrative and environmental determination EA 21-01 (Addendum to the Summerwind Ranch at Oak Valley EIR, dated May 2022).

Planning

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1.05 Indemnification. As a condition of approval for Conditional Use Permit 21- 02, the property owner and/or tenant agrees to indemnify, protect, defend, and hold harmless the City, and agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceeding, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the issuance of the entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Planning

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Planning

1.08 Lighting. The glare from any luminous source, including on-site lighting shall not exceed one-half (0.5) foot-candle at property line.

Planning

1.10 Applicability. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth.

Planning

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1.12 Parking on access driveways, fire lanes and fire department turnarounds is prohibited.

Planning

1.13 A current Five-Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title-19 and City of Calimesa Fire Prevention requirements.

Planning
Acknowledgement and Agreement to Conditions of Approval As the property owner and/or developer, I understand and accept the conditions of approval contained in this Exhibit B to City Council Resolution 2022-50.
______________________________ ______________________________ Applicant Signature Date
______________________________ ______________________________ Property Owner Date

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Attachment 13N

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RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING 1) DEVELOPMENT PLAN REVIEW 21-05 FOR THE SITE

LAYOUT, ARCHITECTURAL DESIGN, LANDSCAPING, WALL PLAN,

AND MASTER SIGNAGE PROGRAM FOR AN APPROXIMATELY
457,257 SQUARE FOOT WAREHOUSE BUILDING (“BUILDING C”)
AND RELATED SITE IMPROVEMENTS AND 2) CONDITIONAL USE
PERMIT 21-03 FOR THE CONDITIONAL APPROVAL OF A
WAREHOUSE FACILITY, TO BE LOCATED ON 28.70 ACRES (LOT 2 OF TENTATIVE PARCEL MAP 37862) WITHIN THE OAK VALLEY
TOWN CENTER (TC-3) ZONING DESIGNATION OF THE

SUMMERWIND RANCH AT OAK VALLEY SPECIFIC PLAN (SP AREA
1 - AMENDMENT 3)(APNS: 413-190-035 AND 413-190-036), SUBJECT

TO FINDINGS AND CONDITIONS OF APPROVAL HEREIN
The City Council of the City of Calimesa hereby finds and determines that:

WHEREAS, Scott Mulkay on behalf of Birtcher Development Management, LLC (the "Applicant") has submitted a Development Plan Review (DPR 21-05) application to the City of Calimesa for approval of the site layout, architectural design, landscaping, wall plan, master signage program, and related site improvements for an approximately 457,257 square foot warehouse building and Conditional Use Permit (CUP 21-03) for the conditional approval of a warehouse facility, to be located on an approximately 28.70- acre site (Lot 2 of Tentative Parcel Map 37862) within the TC-3 planning area of the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1 – Amendment 3)(portions of APNs 413-190-035 and 413-190- 036): and,
WHEREAS, in connection with DPR 21-05 and CUP 21-03 for Building C, the Applicant has submitted to the City of Calimesa General Plan Amendment 21-01, SPA 21-01, DPR 21-02 for the “Wedge” truck and trailer parking facility, DPR 21-03 and CUP 21-01 for Building A, DPR 21-04 and CUP 21-02 for Building B, DPR 21-06 and CUP 21-04 for Building D, and a Funding and Reimbursement Agreement related to procurement of fire apparatus to service the project, which altogether comprise the approximately 2.25 million square foot QR Birtcher Logistics Center at Oak Valley Town Center; and, WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council considered the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum and Mitigation Monitoring and Reporting Program (“MMRP”), and the previously certified Summerwind Ranch EIR, including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the Project. In accordance with the Environmental Assessment EA 21-01, which analyzed minor technical changes to the Summerwind Ranch Specific Plan from General Plan Amendment (GPA) 21-01, Summerwind Ranch at Oak Valley Specific Plan SP 1, Amendment #3 (SPA 21-01), Development Plan Reviews 21-02 through 21-06, Conditional Use Permits 21-01 through 21-04, and revisions to the previously adopted conditions of approval for Tentative Parcel Map 37862 for the QR Birtcher Logistics Center at Oak Valley Town Center, the City Council, in its independent judgment, finds that pursuant to CEQA and the State CEQA Guidelines, all of the potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“EIR Addendum”) including MMRP, which was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10; and,
Attachment 13O

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WHEREAS, the Project complies with the requirements of the Summerwind Ranch Specific Plan, the Calimesa Municipal Code, the Summerwind Ranch EIR and EIR Addendum, and the Project is allowed with the issuance of a Development Plan Review and Conditional Use Permit in the TC-3 planning area; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on August 8, 2022, on the proposed second Addendum to the EIR and the Project, at which time all interested parties were given the opportunity to be heard and to present evidence, and after closing the public hearing the Planning Commission approved PC Resolution 2022-16, recommending that the City Council approve DPR 21-05 and CUP 21-03; and
WHEREAS, the City of Calimesa Planning Department on August 26, 2022, caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project, including Development Plan Review DPR 21-05 and CUP 21-03 for Building C, and mailed said public hearing notice to each property owner within a 300-foot radius of the project site in accordance with state law; and
WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing to consider the application for the Project and following the receipt of all testimony, closed the public hearing.

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, determine and resolve as follows:

Section 2. Prior to making a decision on this Project, the City Council reviewed and considered Resolution 2022-10, recommending that the City Council approve Environmental Assessment EA 21-01, finding that all potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (“Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum”) including MMRP, which concludes based on substantial evidence in the record that the Project will not result in any new or increased significant impacts not already analyzed in the Summerwind Ranch EIR, was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10.

Section 3. Based on substantial evidence contained in the application, the Staff Report and supporting documents, and the public comments submitted during the public hearing, the City Council hereby makes the following findings in support of approving Development Plan Review 21-05:
(a) The development plan application is consistent with the City's General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.

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The Project has been reviewed by the City Engineer to ensure that the proposed site circulation and parking areas are adequate for the proposed use. There is the ability to circulate completely around the building without needing to exit the property. Additionally, all entrances provide generous onsite queuing, with the ability to queue over 15 trucks in total onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances.
4) Building heights.

To properly screen the trucks, screen walls are located where the truck court would be visible from the public right-of-way or the adjacent residentially zoned property. The truck court screen wall is 12’ at all locations visible from the public right-of-way, including the southerly entrance to the western truck court, and the entire perimeter of the eastern truck court. All screen walls for the Project, will the exception of the sound wall adjacent to the residential property, will include battered stone pilasters every 125’ in accordance with the Specific Plan. At the north and western property line, a screen wall up to 9’ will be installed at the top of the slope which, in combination with the landscaping, provides a significant buffer to Summerwind Specific Plan planning areas B-2, B-3, and E-2, further to the north and west. 6) Preservation of natural landforms and vegetation.

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The Project is subject to the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01 thereof. The adopted mitigation measures reduce impacts to historic, archeological, or cultural resources within the Specific Plan area.
8) Minimization of environmental impacts.

The Project is subject to and incorporates the mitigation measures contained within the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01 thereof. The mitigation measures and project design features minimize the environmental impacts within the Specific Plan area. Further, tiered vegetive landscaping, including a combination of evergreen trees and shrubs shall be planted along the entire length of the norther Project boundary and the northernmost 1,000 linear feet of the western Project boundary. This vegetation would form a vegetative barrier at least 33 feet thick and at least 16 feet in height. At the north and western property line, a screen wall up to 9’ will be installed at the top of the slope which, in combination with the landscaping, provides a significant buffer to Summerwind Specific Plan planning areas B-2, B-3, and E-2, further to the north and west.
9) Fiscal and economic impacts.

The addition of industrial businesses in the City will additional tax revenue for the City and provide ample job opportunities for the local community. 10) Pedestrian amenities.

The Project will be required to provide sidewalks and bike lanes along Roberts Road and Singleton Road and has designed appropriate pedestrian pathways within the project area.
(c) The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:
1) The scale, character, and quality of the design of the development.

The scale, character, and quality of the proposal is consistent with the industrial site planning architectural guidelines within the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3. Associated improvements include screen walls, fences, 323 employee parking stalls, 83 trailer parking spaces, vehicle circulation aisles, truck courts, utility infrastructure, landscaping, exterior lighting, and signage. All screen walls will include battered stone pilasters every 125’ in accordance with the specific plan. The automobile parking provided allows for up to 23,000 square feet of office space within the building.
2) The appropriate use of design elements, including line, mass, contour, texture, and colors.

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Specifically, the northwest elevation, prominent along Singleton Road, and the southeast elevation have both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. The northeast elevation, prominent along Roberts Road, provides variation in color, clerestory glazing, reveals, parapet height variation, metal tube canopies, accent stone, and form liner to provide visual interest. Building entries and office areas create building focal points with the use of varied massing, wall plan offsets, windows, colors, and other architectural features.

Similar design features are included along the southeast elevation. The project is using appropriate design elements.
3) The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

The Project has been designed to complement existing and planned development to exhibit harmony with surrounding structural elements. 5) Screening of exterior structural elements.

The Project has been conditioned to screen all exterior mechanical equipment from public view. See finding b5 above for additional detail regarding site screening methods.
6) Lighting design.

The Project is required to comply with Calimesa Municipal Code Section

18.120 Outdoor Lighting in order to reduce and minimize light pollution produced by proposed projects.
7) Energy conservation.

The Project is required to comply with all applicable energy regulations, including Title 24 of the California Building Energy Efficiency Standards.

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Calimesa City CouncilSeptember 6, 2022

Calimesa City Council
September 6, 2022