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ATT 5 - CC Reso 15-3415 and 15-3418

Murrieta City Council
May 20, 2025

Document
ATT 5 - CC Reso 15-3415 and 15-3418
Meeting
May 20, 2025
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Murrieta City Council
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19
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Text extracted from the city's file for reading and search. Open the original on murrieta.legistar1.com. That file is the official record.

RESOLUTION NO. 15- 3415

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA

CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR A
GENERAL PLAN AMENDMENT (GPA-2015-531), CONDITIONAL USE
PERMIT (CUP-2015-533), DEVELOPMENT PLAN (DP-2015-532), AND PARCEL MAP 36943 (TPM-2015-534) ON A 45.65 ACRE SITE
LOCATED APPROXIMATELY 900 FEET SOUTH OF MURRIETA HOT

SPRINGS ROAD, BETWEEN MADISON AVENUE AND INTERSTATE
15, MURRIETA, CALIFORNIA (APN: 910-020-007, 910-140-020, 031, 032, 044, 064, 065, 066, 084 and 088)
WHEREAS, Centerpoint Integrated Solutions on behalf of CarMax Auto Superstores California, LLC (the "Applicant") submitted, on March 5, 2015, applications to the City of Murrieta (the "City") for approval of a General Plan Amendment, Conditional Use Permit, Development Plan and Tentative Parcel Map for 45.65 acre site (the "Project"); and WHEREAS, the Project site is generally located 900 feet south of Murrieta Hot Springs Road, between Madison Avenue and Interstate 15 in the City of Murrieta, County of Riverside; and WHEREAS, the General Plan Amendment (GPA-2015-531) will eliminate two Industrial Collector Streets and Bikeways, north of Guava Street, east of Madison Avenue on the City's General Plan Circulation Map and Trails and Bikeways Map; and WHEREAS, the Conditional Use Permit (CUP-2015-533) will provide for the use and operation of a pre-owned auto sales, display, service and auction facility on 38.6 acres; and WHEREAS, the Development Plan (DP-2015-532) will provide for approximately 95,000 square feet of development within six buildings on a 38.6 acre site; and WHEREAS, Parcel Map 36943 (TPM-2015-534) will provide for the subdivision of 45.65 acres into six lots; and
WHEREAS, an Initial Study was prepared and reviewed consistent with the California Environmental Quality Act ("CEQA"), which resulted in the preparation of a Mitigated Negative Declaration ("MND");
WHEREAS, the MND analyzed the environmental impacts of the proposed project as required by CEQA, finding that there will not be a significant effect associated with the development of the project, which could not be reduced to a level of less than significance with the adoption of mitigation measures; and
WHEREAS, the MND was available for public review in the City Planning Department and circulated for review and comments from June 1, 2015 to June 30, 2015; and, WHEREAS, on July 8, 2015, the Planning Commission held a duly noticed public hearing, as provided in Development Code chapters 16.52, 16.56, 16.58, 16.76, and 16.94, and considered та 152, 18-56, 18-58, 18.76, ad all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant and such other matters as are reflected in the record of this matter, and recommended that the City Council certify the MND, adopt the Mitigation Monitoring and Reporting Program, and approve the Project; and
ATTACHMENT 5
WHEREAS, on July 21, 2015, the City Council held a duly noticed public hearing, and has considered all written and oral reports of staff, public testimony on the matter, the Planning Commission recommendation and written and oral testimony provided by the applicant and such other matters as are reflected in the record of this matter.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Murrieta, California as follows:

1. That the Mitigated Negative Declaration ("MND") for the Project, a copy of which is attached to the staff report in this matter and on file in the office of the City Clerk, has been prepared and completed in compliance with CEQA (California Environmental Quality Act) and the CEQA Guidelines, and reflects the independent judgment of the City as lead agency.

2. That the information contained in the MND, together with any comments and responses to those comments has been considered by the City Council in approving the Project.

3. That, pursuant to California Public Resources Code section 21081.6, the Mitigation Reporting and Monitoring Program is approved and adopted to implement the Project in order to mitigate or avoid potential significant effects on the environment, as provided in the MND.

4. That the City Clerk is directed to file a Notice of Determination with respect to the ND with the Clerk of the Board of Supervisors for the County of Riverside:

PASSED, APPROVED AND ADOPTED THIS 21ª DAY OE JULY, 2015 Harry Ramos, Mayor
ATTEST:
afah A. Manwaring, City Clerk
APPROVED AS TO FORM:

Judouany
Lestle E. Devaney, City Attorney
1, Sarah A. Manwaring, City Clerk of the City of Murrieta, California do hereby certify under penalty of perjury that the foregoing resolution was duly adopted at a regular meeting of the City Council on the 21 day of July, 2015 by the following roll call vote:

AYES: GIBBS, INGRAM, LANE, LONG, AND RAMOS
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Get Meeting
2 0: 2
RESOLUTION NO. 15-3418

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA APPROVING CONDITIONAL USE PERMIT (CUP-2015-533) AND
DEVELOPMENT PLAN (DP-2015-532) ON A 38.6 ACRE SITE
LOCATED APPROXIMATELY 900 FEET SOUTH OF MURRIETA HOT

SPRINGS ROAD, BETWEEN MADISON AVENUE AND INTERSTATE
15, MURRIETA, CALIFORNIA (APN: 910-020-007, 910-140-020, 031, 032, 044, 064, 065, 066, 084 and 088)
WHEREAS, Centerpoint Integrated Solutions on behalf of CarMax Auto Superstores California, LLC (the "Applicant") submitted, on March 5, 2015, applications to the City of Murrieta (the "City") for approval of a General Plan Amendment, Conditional Use Permit, Development Plan and Tentative Parcel Map for 45.65 acre site (the "Project"); and WHEREAS, the Project site is generally located 900 feet south of Murrieta Hot Springs Road, between Madison Avenue and Interstate 15 in the City of Murrieta, County of Riverside; and WHEREAS, the Conditional Use Permit (CUP-2015-533) will provide for the use and operation of a pre-owned auto sales, display, service and auction facility on 38.6 acres; and WHEREAS, the Development Plan (DP-2015-532) will provide for approximately 95,000 square feet of development within six buildings on a 38.6 acre site; and WHEREAS, an Initial Study was prepared and reviewed consistent with the California Environmental Quality Act ("CEQA"), which resulted in the preparation of a Mitigated Negative Declaration ("MND");
WHEREAS, the MND analyzed the environmental impacts of the proposed Project as required by CEQA, finding that there will not be a significant effect associated with the development of the Project, which could not be reduced to a level of less than significance with the adoption of mitigation measures; and
WHEREAS, the MND was available for public review in the City Planning Department and circulated for review and comments from June 1, 2015 to June 30, 2015; and, WHEREAS, on July 8, 2015, the Planning Commission held a duly noticed public hearing, as provided in Development Code chapters 16.52, 16.56, and 16.76, and considered all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant and such other matters as are reflected in the record of this matter, and recommended (Vote: 4-0) that the City Council certify the MND, adopt the Mitigation Monitoring and Reporting Program, and approve the Project; and
WHEREAS, on July 21, 2015, the City Council held a duly noticed public hearing, and has considered all written and oral reports of staff, the Planning Commission recommendation, public testimony on the matter, and written and oral testimony provided by the applicant and such other matters as are reflected in the record of this matter; and, WHEREAS, the City Council has certified a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project by City Council Resolution No. 15-3415, incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Murrieta, California as follows:

SECTION 1. Findings for Conditional Use Permit (CUP-2015-533):

1. The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code:

FACTS: The proposed Project for used auto sales and related services is conditionally permitted within Community Commercial district and does not impair the integrity or character of the zoning district. The Project, as designed and conditioned, is consistent with the applicable provisions and development standards of the development code.

2. The proposed use is consistent with the objectives, policies, general land uses and programs of the general plan and any applicable specific plan:

FACTS: The Project meets the general plan objectives by providing goods and services that satisfy local and regional needs (General Plan Policy ED-4.1), concentrating retail nodes near freeway interchanges (GP Policy ED-4.3), supporting high volume retail outlets on the Madison Avenue corridor (GP Policy ED-4.4), and improving ongoing fiscal revenue (GP Policy ED-2.2).

3. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

FACTS: A Mitigated Negative Declaration (MND) was prepared that evaluated the environmental impacts of the Project and was determined that subject to the adoption of the mitigation measures and the Project conditions of approval, that the Project will not have a significant impact on the environment. The MND conclusions are based on the fact that the site development can be conducted subject to the mitigation measures without any significant impact on the existing neighboring uses, and the operation not the Project is not known to create any significant impact.

Additionally, the Project is in compliance with the Multiple Species Habitat Conservation Plan (MSHCP) as it is not located within a MSHCP cell area and a biological survey of the site did not find any existing animal and/or plant habitat of any species identified by the MSHCP as requiring habitat preservation; nor was the site identified as a viable site for habitat because of previous site grading and the surrounding area is urbanized.

4. The site is suitable for the type and intensity of use or development that is proposed; FACTS: The Project site is of suitable size and setting to serve the needs of the proposed use. The site has visibility from Interstate 15, providing for high visibility for this used auto sales facility, with related services. The site will have two access points from Madison Avenue, which will provide adequate access for the proposed Project.

The Project is equal to or less intense to other uses in the area, such as the existing Walmart store, north of the Project site.

5. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; 2 of 5
FACTS: The Project will be served by Western Municipal Water District for water and sewer service, with Eastern Municipal Water District's participation in the transport of waste water. Public service for the Project will be served by the Murrieta Fire and Police Departments. The provisions provided by public utilities and services, along with the design of the Project, as conditioned, will ensure public convenience, health, safety and general welfare.

6. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.

FACTS: Pursuant to CEQA, an MND was prepared and circulated for a 30-day review period. The Project as designed, and with the implementation of its conditions of approval and mitigation measures will not create adverse impacts on the public convenience, health, safety, or general welfare, or be materially injurious to properties and improvements in the vicinity of the subject property. As designed the Project will provide for additional roadway improvements and extend utilities that will enhance the area.

SECTION 2. Findings for Development Plan (DP-2015-532):

1. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of the Murrieta Development Code.

FACTS: The proposed Project with multiple structures for used auto sales and related services is conditionally permitted within Community Commercial district. The Project, as designed and conditioned, complies with the applicable development standards for the site improvements, design, and use as provided for in the development code.

2. The proposed use would be consistent with the objectives, policies, general land uses and programs of the General Plan and any applicable specific plan.

FACTS: The Project meets the general plan objectives by providing goods and services that satisfy local and regional needs (General Plan Policy ED-4.1), concentrating retail nodes near freeway interchanges (GP Policy ED-4.3), supporting high volume retail outlets on the Madison Avenue corridor (GP Policy ED-4.4), and improving ongoing fiscal revenue (GP Policy ED-2.2).

3. The site of the proposed use is physically suitable for the type and density/intensity of development being proposed.

FACTS: The Project site is of suitable size and setting to serve the needs of the proposed use. The site has visibility from Interstate 15, providing for high visibility for this used auto sales facility, with related services. The site will have two access points from Madison Avenue, which will provide adequate access for the proposed Project The Project is equal to or less intense to other uses in the area, such as the existing Walmart store, north of the project site.

4. The location, size, design and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.
3 of 5
FACTS: The Project site is of suitable size and setting to serve the needs of the proposed use. The site has visibility from Interstate 15, providing for high visibility for this used auto sales facility, with related services. The site will have two access points from Madison Avenue, which will provide adequate access for the proposed Project.

The Project is equal to or less intense to other uses in the area, such as the existing Walmart store, north of the Project site.

5. There are adequate provisions for sanitation, water, and public utilities to ensure public convenience, health, safety, and general welfare.

FACTS: The Project will be served by Western Municipal Water District for water and sewer service, with Eastern Municipal Water District's participation in the transport of waste water. Public service for the Project will be served by the Murrieta Fire and Police Departments. The provisions provided by public utilities and services, along with the design of the Project, as conditioned, will ensure public convenience, health, safety and general welfare.

6. The proposed use is in compliance with the provisions of the California Environmental Quality Act.

FACTS: Pursuant to CEQA, an MND was prepared and circulated for a 30-day review The Project, as designed, and with the implementation of its conditions of approval and mitigation measures will not create adverse impacts on the public convenience, health, safety, or general welfare, or be materially injurious to properties and improvements in the vicinity of the subject property. As designed the Project will provide for additional roadway improvements and extend utilities that will enhance the Section 3. APPROVAL
Pursuant to the above findings, the City Council of the City of Murrieta finds the Project to be in compliance with the California Environmental Quality Act pursuant to Section 15070 (Mitigated Negative Declarations) of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), California Code Regulations (CCR) Title 14 and approves Conditional Use Permit 2015-533 and Development Plan 2015-532, subject to the Conditions of Approval in Exhibit A to the Agenda Report and to the mitigation requirements contained in the Mitigation Monitoring and Reporting Program established by the Mitigated Negative Declaration certified by Council Resolution No. 15-3415
PASSED, APPROVED AND ADOPTED THIS 21* DAY OF JULY, 2015 Harry Ramos, Mayor
4 of 5
ATTEST:

Sara Manwaito!
City Clerk
APPROVED AS TO FORM:

Tauto devany
Leslie E. Devaney, City Attorney
1, Sarah A. Manwaring, City Clerk of the City of Murrieta, California do hereby certify under penalty of perjury that the foregoing resolution was duly adopted at a regular meeting of the City Council on the 21ª day of July, 2015 by the following roll call vote:

AYES: GIBBS, INGRAM, LANE, LONG, AND RAMOS
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Chet Maing
5 of 5
Exhibit 'A'

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2015-533
DEVELOPMENT PLAN 2015-532
JULY 21, 2015

PLANNING DEPARTMENT
The Project approvals are issued to CarMax Auto Superstores California, LLC ("Permittee") for a Conditional Use Permit and Development Plan to establish a vehicular sales facility on 38.6-acres, including sales, display, services, carwash and related vehicular services. These approvals run with the land and shall be binding upon Permittee and all subsequent successors in interest to the Permittee as to such land

2. The project shall be subject to the Mitigation Monitoring Reporting Program as contained in the Mitigated Negative Declaration recommended approved by the City Council on July 21, 2015 for General Plan Amendment 2015-531, Conditional Use Permit 2015-533, Development Plan 2015-532 and Tentative Parcel Map 2015-534 (TPM 36943).

3. The permittee shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Conditional Use Permit 2015-533 and Development Permit 2015-532. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

4. Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee/owner is required to pay a fee of $2,210.00 and a $50.00 handling fee. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this Project shall not be operative, vested, or final. In order to comply with State mandated time lines for filing of a Notice of Determination the above fee must be delivered to the Planning Department within two (2) working days after the final approval.

5. Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.

6. The project shall be developed in conformance with all approved exhibits dated July 8, 2015. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the City Planner, unless the City Planner requires a Substantial Conformance or Revised Permit CarMax/Conditions
CUP -2015-533 and DP 2015-532
July 21, 2015

Page 2 of 19 ends

application in accordance with the City's Development Code. Materials and colors used in the construction of the building(s) shall be consistent with those approved with this application.

The development of these premises shall comply with the standards and applicable provisions of the City's Development Code and all other applicable State and Federal codes and ordinances in effect at the time of building permit issuance.

The permittee shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.

9. At all times during the conduct of the use(s) allowed by this permit, the uses) shall maintain and keep in effect valid licensing from appropriate local, state and/or federal agencies as required by law. Should such required licensing be denied, expire or lapse at any time in the future, this permit shall become null and void.

10. In the event the use hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.

11. The permittee shall obtain approval of all necessary plans for the construction of structures on the subject property in accordance with the Murrieta Development Code.

Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.

12. This approval (Conditional Use Permit and Development Plan) shall be used within two (2) years of approval date, otherwise it shall become null and void and of no effect whatsoever. "Used," means the beginning of substantial construction contemplated by this approval which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use.

13. Prior to the expiration of this approval, the permittee may request an extension of time, pursuant to the requirement of the City's Development Code for extensions of time for Development Permits.

14. The project shall comply with the provisions pertaining to construction activity as stated in Section 16.30.130 of the City of Murrieta Municipal Code. Under Section 16.30.130 of the City of Murrieta Municipal Code:
a. The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work is prohibited between the weekday hours of 7 P.M. and 7 A.M., or at any time on Sundays or holidays. b. Construction activities must be conducted in a manner that the maximum noise levels at the affected structures would not exceed those listed in Table IV-5 above.

CarMax/Conditions
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July 21, 2015

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C. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.

15. Mechanical or other utility equipment shall be screened whether it is located on the roof, side of the building or on the ground. The method of screening shall be architecturally integrated in terms of materials, color and form. Roof top equipment should be integrated into the design of the building.
a. Any mechanical equipment and vents (ground or rooftop) shall be screened from view from any public right of ways, landscaping area, open space and parking area. Line of sight details shall be included in the plans for building permit issuance and stamped by a licensed architect. In addition, details including the height of the roof-top equipment and height of the parapet must be a detail within the plans for building permit issuance. Also, during the Planning Department review of the building plans, the design of a proposed screening method shall be included within the building plans in the event the roof top equipment is visible.
b. If any time during the building inspection process, any roof-top equipment is found to exceed the height provided in the details of the approved plans for building permit issuance, the permittee must submit proposed method for screening of the equipment. Approval of such screening method is at the discretion of the Planning Department.
c. Planning Department Approval and Building Permit Issuance must be obtained prior to any installation of the proposed screening method.

16. Roof gutters and downspouts are not permitted on the exterior of the building unless satisfactorily integrated into the architecture as determined by the Planning Department prior to building permit issuance.

17. The City is located within the Mt. Palomar Special Lighting Area, as defined in Section

16.18.110 of the City's Development Code. All outdoor light fixtures shall comply with the requirements of this section.

Any exterior lighting within parking areas immediately adjacent to a residential property line shall not exceed 15-feet in pole height, with a maximum of 0.3 foot-candles illumination at adjacent residential property lines. All lighting fixtures shall be designed with shielding or cut-off fixtures to project in a downward manner to minimize glare and to not shine directly upon adjoining property or public rights-of-way.

19. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of City's Development Code Section 16.18.110; Mt Palomar Lighting Standards.

20. All parking shall be designed and improved pursuant to City's Development Code Chapter 16.34, and shall be in conformance with the approved plans.

CarMax/Conditions
CUP -2015-533 and DP 2015-532
July 21, 2015

Page 4 of 19 ends

21. Parking for this project was determined primarily on the basis of City's Development Code Chapter 16.34, which requires a minimum of 434 parking spaces for employees and customers based on the used auto sales facility and related operations, including vehicular auctions. • Any change in land uses which increases the calculated parking requirements is subject to review for compliance with the City's Chapter 16.34 and such change in land use may not be permitted.

22. No signs are approved as part of this project approval. Prior to the installation of any on- site advertising or directional signs, a comprehensive sign program shall be submitted to the Planning Department and subject to approval by the City Planner pursuant to the requirements of the City's Development Code Chapter 16.38.

23. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval.

24. The project shall comply with all of the applicable requirements of the National Pollution Discharge Elimination System (NDES) and shall conform to NPDES Best Management Practices for Stormwater Pollution Prevention Plans during the life of this permit.

25. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system (except for a security system), shall not exceed 45 db (A), 10- LEQ, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db (A), 10-minute LEQ, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor-in-interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities.

26. The permit holder may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the Department of Building and Safety requiring such a report, the permittee shall submit a report by a qualified person within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement. The noise monitoring report shall be approved by the City. The permittee shall be required to place on deposit sufficient funds to cover the costs of the preparation and review of the report approval prior to commencing the required report.

27. If during construction/grading cultural or paleontological resources are encountered, work shall be halted or diverted in the immediate area until a qualified archaeologist or paleontologist is retained to evaluate the finds and make recommendations for mitigation to the Planning Division. Work shall not resume is in the area until the mitigation required by the Planning Division has been implemented.

If any human remains are encountered during ground-disturbing activities, all such activities in the vicinity of the discovery shall be terminated immediately and notification shall be provided to the County Coroner's office. Work shall not resume in the vicinity of the discovery until authorized by the Planning Department.

CarMax/Conditions
CUP -2015-533 and DP 2015-532
July 21, 2015

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A report documenting the monitoring activities shall be submitted to the City of Murrieta within 60 days of the completion of the grading activities. This report shall document the type of cultural resources recovered and the disposition of these resources. The artifacts shall be deposited into an accredited institution that is authorized to accept these types of cultural resources.

28. The project site shall be the point-of-sale for the purpose of collecting any sales tax on retail goods that are sold, or rented at the site.

29. All loading, unloading, and delivery of goods shall be limited to the following hours:

Monday through Sunday, 7:00 am to 10:00 pm. Loading or unloading of vehicles from car carriers may occur outside of these hours, but is restricted to the loading/unloading zone near the southeasterly entry, as shown on the approved site plan. Noise levels must not exceed 70db CNEL at the property line.

30. Loading area shall have a sign posted that note the hours of delivery as required in above. Additional signage shall be posted requiring all delivery trucks to turn off motors and not allow idling of motors.

31. Undeveloped building pads shall be kept clear of weeds at all time.

SITE PLAN

32. Prior to issuance of building permits, the applicant shall include a site plan that provides the location of the bicycle parking spaces in accordance with Development Code Section

16.34.090.

33. The permittee, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of the individual property owners or any other successor-in-interest.

34. Thirty days prior to approval of grading permit, the permittee shall submit an application with payment of the applicable fees for project addressing. The application for site addressing shall be submitted to the City's Planning Division. Site addressing shall be completed prior to issuance of grading permits.

35. A clearance letter from Riverside County Waste Management District shall be provided to the City's Planning Department verifying compliance, including location of any trash/recycle collection areas.

Prior to building permit issuance:

36. The permittee shall contact the Planning Department a minimum of 72-hours to allow for scheduling of any planning related inspections required for this project.

37. Final landscape plans shall be approved, prior to building permit issuance.

38. All landscape and irrigation plans shall be consistent with Title 16.28 (Water Efficient CarMax/Conditions
CUP -2015-533 and DP 2015-532
July 21, 2015

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Landscape) of the Murrieta Municipal Code.

Prior to grading permit issuance:

39. Grading plans must be reviewed by the Planning Division for compliance with the approved site plan, conditions of approval and mitigation monitoring program.

40. Prior to the issuance of grading permits, the project permittee shall comply with the provisions of any existing City ordinance that has been established as a mitigation measure for the Stephens' Kangaroo Rat. These ordinances may include fee schedules, mechanisms for protecting habitat, or a combination thereof.

41. Prior to placement of a construction trailer, office trailer, or any temporary trailer/structure for this project; a completed Temporary Use Permit application must be submitted for review and approval. Allow a minimum 30-days processing time for review and approval by City staff.

LANDSCAPING
Prior to the issuance of grading permits:

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

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

44. All landscape and irrigation plans shall be consistent with Title 16.28 of the Murrieta Municipal Code.

45. 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.

46. 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.

47. Plant materials shall be installed from container sizes consistent with Murrieta Municipal Code, 16.28.080, Table 3-5, Minimum Required Mix of Plant Materials.

48. All ground covers shall be installed from living plant materials. Spacing shall be such that 100% coverage is achieved within 2 years of the installation.

49. All planter areas, excluding the sales area parking, shall contain a minimum of 5 feet wide planting area. The required planting area excludes curbs and required concrete strip adjacent to parking spaces (12" wide by 4" deep doweled into the adjacent 6" wide curb), walkways, walls, wall footings and overhead obstructions.

CarMax/Conditions
CUP -2015-533 and DP 2015-532
July 21, 2015

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50. Mature specimen trees in 36-inch or 48-inch boxes shall be supplied in sufficient quantity to provide variety and emphasis at main focal areas.

51. Canopy shade trees shall be located in substantial conformance with the revised landscape concept plan as determined by the City Landscape Architect.

52. A minimum of 20% of the overall site shall be landscaped, including the existing drainage channel.

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

54. All irrigation in shrub areas shall be designed and installed using drip irrigation. Low flow or stream rotor spray heads may be utilized in bio-filtration basins and slopes with the required 24-inch setback from paving.

55. A real-time weather-based irrigation controller shall be installed that measures evapo- transpiration. A rain shut off device shall be installed connected with the irrigation controller.

56. Plant materials within shrub areas shall be low water, water-efficient and hydro-zoned.

57. The slope stabilization planting shall be a hydoseed mix with native plant seeds approved by the City Landscape Architect and/or hand planted shrubs and trees using California native plants.

58. The bio-filtration basin bottoms shall be hand planted using California native grasses and sedges (Juncus patens, etc.) or hydoseed mix with native plant seeds approved by the City Landscape Architect.

59. Root barriers of a continuous polyethylene 0.06-inch thickness type, approved by the City Landscape Architect, shall be installed for all trees located within 5 feet of paving

60. All fertilizers and soil amendments used during planting preparation and installation shall be derived from organic based materials as a best management practice for storm water source control.

61. All offsite grading, if applicable, shall be landscaped to provide erosion control using drip irrigation and low water ground covers and/or shrubs.

62. A wood bark mulch layer shall be applied to the top of the soil at least 3 inches deep using approved medium grind bark mulch free of debris. The City Landscape Architect will inspect the landscaping prior to the application of the bark mulch.

Prior to Issuance of a Building Permit:

63. The construction landscaping plans shall be approved by the City Landscape Architect.

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Prior to Construction:

64. The City Landscape Architect shall meet with the job site superintendent and the landscape contractor for a pre-job meeting. A copy of the soil fertility recommendations shall be presented prior to the meeting. No landscaping or site work in public right-of- ways shall occur prior to the meeting.

Prior to the issuance of occupancy permits:

65. Performance securities, in the amount determined by the City to guarantee the adequate maintenance of the landscaping materials and irrigation system in accordance with the approved plans for a period of one (1) year from the date of final clearance of the installed landscaping by the City, shall be posted with the Planning Department.

Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit. The performance securities will be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping is deemed by the City Landscape Architect to have been adequately maintained. A deposit to cover re-inspection of the landscape, at the current City rate shall be posted with the Planning Department prior to re-inspection for maintenance bond release.

66. All required landscaping and irrigation systems shall be installed in a condition acceptable to the City. The owner's Landscape Architect shall provide inspection of the landscaping. The owner's Landscape Architect shall provide the City with a Certificate of Compliance stating that the landscaping was installed per the approved plans. The City will review the Certificate of Compliance and conduct inspections to ensure that the landscape installation is in compliance with the approved landscape plans.

DEPARTMENT OF PUBLIC WORKS
Unless stated otherwise, all conditions shall be completed by the Permittee at no cost to the City.

General Requirements:

67. It is understood that the Tentative Map and Development Plan correctly shows all existing and proposed easements, traveled ways, grading, drainage courses, and that the omission may require the map or plans associated with this application to be resubmitted for further consideration.

68. A grading permit shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way.

69. An encroachment permit shall be obtained from the Department of Public Works prior to commencement of any construction within City right-of-way or easement.

70. An encroachment permit shall be obtained from CALTRANS, if necessary, prior to commencement of any construction within their existing right-of-way.

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71. Permittee shall coordinate with adjacent property owners affected by grading, street, utility, and drainage improvements necessary for the onsite frontage, and offsite improvements. Permittee shall be solely responsible for acquisition of any necessary easements and agreements prior to grading permit or improvement approval whichever comes first. If necessary, the agreements shall address maintenance, erosion control, and be notarized in a format acceptable to the City Engineer.

72. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City-formatted mylars. Permittee shall review all plan check comments and make certain their consultant addresses all comments in each subsequent submittal.

73. All designs shall conform to the City of Murrieta Municipal Code, Development Code, Standard Drawings, and Circulation Element.

74. Prior to approval of any grading plan, improvement plan, or final map; submit clearances from all applicable agencies, and pay all outstanding plan check and processing fees.

Prior to issuance of any grading permit, unless other timing is indicated, the permittee shall complete the following or have plans submitted and approved, improvement agreements executed and securities posted:

75. Pay to City all County of Riverside Development Impact Fees applicable at time of grading permit issuance or as otherwise approved by ordinance. In the event these fees have been previously paid, the Permittee may be required to provide proof of payment.

Said fees are included, but not limited to the following:
• Riverside County Area Drainage Fee
• Kangaroo Rat Fee
• MSHCP Fee

76. Obtain written clearance, as deemed necessary by the Public Works Department, from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Department of Fish & Game
c. U.S. Army Corps of Engineers
d. Planning Department
e. Engineering Department
f. Community Services Department
g. Building Department
h. Southern California Edison Company (non-interference letter is required) i. Utility Companies

77. Permittee shall submit a Grading Plan prepared by a registered Civil Engineer in accordancerent ay grading. The plan shal corporate adelate erosion control measures to protect the site and adjoining properties from damage due to erosion.

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78. Prior to commencing of any clearing, grading in excess of 50 cubic yards, or paving in excess of 3,000 square feet, the Permittee shall obtain a grading permit and approval prior to issuance of a building permit.

79. A comprehensive Geologic and Geotechnical Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Engineering Department with the initial grading plan check. The report shall address in situ soils conditions, identity any geotechnical hazards for the site, provide recommendations for the construction of engineered structures, preliminary pavement sections, slope stability, identify and located faults, and confirm the buildings have sufficient setback from the fault but not be limited to just these items. All recommended measures identified in the report shall be incorporated into the project design.

80. A haul permit is required prior to hauling dirt or construction debris onto or off the site.

Submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose to the hauling operation.

81. Permittee shall abandon all water wells in a manner approved by the city engineer, State Department of Water Resources, and County Health Department, or obtain approval to continue well operation from the aforementioned agencies. Project shall provide irrigation water from on-site well or other municipal source for City use to complete five- year Line D-1 Habitat Mitigation and Monitoring Program.

82. Prior to grading, a qualified biologist shall delineate the jurisdictional areas that are not to be disturbed. Permittee shall install some type of barrier fence to delineate the areas of avoidance. Once construction is completed, the same qualified biologist shall certify that no jurisdictional area was disturbed or damaged
NOI, SWPPP, WQMP:

83. Prior to issuance of a grading permit or other construction activities, the permittee shall provide the following to City staff:
a. A copy of the Notice of Intent (NOl) and waste Discharge Identification (WDID) number from the State Water Resources Control Board.
b. An adequate Storm Water Pollution Plan (SWPPP) shall be available to State and City Inspectors at the job site prior to commencing construction. The Permittee shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all improvements have been accepted by the City or construction is complete, whichever is later. A Notice of Termination (NOT) can then be filed with the State Water Resources Control Board.

Grading during the wet season should identify additional BMP's for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit.

C. A Final project-specific Water Quality Management Plan (WQMP) shall be submitted to the City for approval with the grading plan check application and approved by the Engineering Department prior to issuance of a grading permit. It CarMax/Conditions
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shall incorporate, but not be limited to, the following: site design BMP's, applicable source control BMP's, treatment control BMP's, long term operation and maintenance requirements, inspection and maintenance checklist; record a restrictive covenant to ensure operation, maintenance, funding, and transfer of requirements. The post-construction best management practices (BMPs) outlined in the approved Final project-specific WQMP shall be incorporated in the improvement plans.

84. A copy of the Final project-specific WQMP shall be kept onsite at all times. The Permittee shall make the occupants, tenants, staff, employees, and contractors aware of this document and educate them on the contents.

85. The Permittee, assigns, or heirs shall allow the City to enter the premises to conduct periodic inspections to ensure that the WQMP is being implemented, maintained, and to review the inspection and maintenance records

86. The Permittee shall record a restrictive covenant or create some other acceptable mechanism, subject to the approval of the City Engineer to ensure the ongoing operation, maintenance, and funding of the Final project-specific WQMP.

87. All grading activities shall minimize dust through compliance with AQMD Rule 403 which requires watering during earth moving operations.

88. All open or undeveloped land shall be maintained to prevent wind and or water erosion of such land. All disturbed undeveloped land shall either be planted with interim landscaping or stabilized with such other erosion control measures.

89. Permittee shall design and install landscaping and irrigation so irrigation runoff does not discharge into the street or storm drain system.

90. Post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works.

Drainage:

91. Provide a hydrologic and hydraulic study prepared by a registered Civil Engineer which identifies storm water runoff quantities from the site and upstream of the site. The study shall show all existing or proposed offsite public or private drainage facilities intended to discharge this runoff. The study shall include a capacity analysis verifying the adequacy of the facilities. Runoff from the development or partial phase of development of the property shall not exceed the existing natural discharge quantities with respect to the following criteria:

A. Detention for projects that are 10 acres or greater shall analyze for the 1,3,6 and 24-hour duration for the 2,5 and 10-year frequency storms.

The design of detention basins shall provide for the detention of nuisance flow.

Development shall detain the year and duration incremental storm runoff developed and or increased by means of on-site detention. Detention techniques shall include, but not CarMax/Conditions
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be limited to: Parking lot detention or on-site detention basin or other methods approved by the City Engineer. Evidence of a maintenance mechanism shall be provided for the basins. If project discharges/connects to an off-site detention basin, provide permission to drain/connect correspondence from the owner of basin or system. Off-site detention basins require a Declaration of Dedication. All detention measures shall have positive drainage with a minimum 48hr draw-down time and be empty within 72 hours. Standing water is not permitted.

92. All inlets, outlets, pipes / channels, basin, etc. must be capable of passing the 100-year storm without damage to the facility.

93. Permittee shall provide a Storm Drain Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Department of Public Works.

94. Alteration to the existing drainage pattern, concentration or diverting flows is not allowed unless letters of permission from the downstream property owners are obtained and adequate drainage improvements are constructed. This includes but is not limited to improving existing facilities, securing drainage easements, notarized letter of permission or agreement, and a maintenance mechanism put in place for any private drainage facilities. A manhole shall be constructed at right of way line where private storm drain facilities connect to the public storm drain facilities.

95. Accept and properly dispose of all offsite drainage flowing onto or through the site.

96. Provide paver access (comparable to existing paver access) to storm drain outlets with 25 percent maximum grade to Line D1.

97. Install permanent landscaping and irrigation on the slopes in the Line D1 channel. The landscape work shall include filling any portion of the eroded slope

98. Project shall form their own Association or join the Community Services District (CSD) by forming a Landscape and Lighting District in order to maintain the local common areas within this project. Should the applicant wish to form a Landscape and Lighting District instead of an Association, the applicant should submit a Letter of Intent indicating such to this Department. Please note that tract approvals cannot take place unless this office receives that Letter of Intent.

Street Improvements:

99. Prior to permit, Permitee shall design and guarantee construction of the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards unless otherwise noted:

A. Design, dedicate rights of way and improve Madison Avenue to half 100-foot right of way per Major Highway City Std. 103, as follows: Developer shall install improvements on property frontage providing connection to the street improvements installed on Madison Avenue by City as part of CIP Project No. 8357. The City CIP project will install the ultimate centerline grade/profile and CarMax/Conditions
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a thirty-eight (38) foot wide section of pavement as centered on the centerline of Madison Avenue. The remaining improvements to be installed, which begin nineteen (19) feet east of the centerline of Madison Avenue and are the responsibility of the developer consist of: 12 foot travel lane, 5 foot bike lane, curb and gutter; sidewalk adjacent to ROW; street lights; drainage facilities; water quality; signing and striping; utilities (including sewer and water to provide adequate service for this project); landscaping; with all improvements subject to the approval of the City Engineer. Alternatively, Subdivider can pay the cash in-lieu fee it would take to construct these improvements.

Payment of cash in-lieu fee is to be determined by an agreement between Developer and City, and approved by City Council. The cash in-lieu of construction cost estimate dated June 16, 2014 ($492,886.57) has been approved by the City Engineer.

B. Design, dedicate rights of way and improve Guava Street to the half width 44- foot right of way per Secondary Highway City Std. 104 and Circulation Element plus two, 12-foot lanes, curb and gutter, and 8-foot shoulder.

Improvements including but not limited to: paving, curb and gutter; sidewalk adjacent to ROW; street lights; drainage facilities; water quality; signing and striping with utilities (including but not limited to water); landscaping; with all improvements subject to the approval of the City Engineer. Alternatively, Subdivider can pay the cash in-lieu fee it would take to construct these improvements. Subdivider shall design Guava Street and provide a cost estimate both prepared by a registered civil engineer. The cost estimate shall include but not be limited to improvements, removal / replacement of perimeter fencing and landscaping; temporary security fencing; permit fees; bonding; staking; construction costs; erosion control;
management; etc. The cash in-lieu fee is due at Occupancy but the design of Guava must be approved prior to issuance of grading permit. This is to insure the onsite grading design works with the ultimate design of Guava Street. The cash in-lieu of construction cost estimate dated June 23, 2014 ($162,070.00) has been approved by the City Engineer.
100. Permittee shall provide a Street Improvement Plan prepared by a registered Civil Engineer in accordance with City standards. The centerline profile shall extend a minimum of 300 feet beyond the project boundaries showing grade and alignment. 101. Permittee shall provide a Signing and Striping plan designed by a registered Civil or Traffic Engineer and be included with the street improvement plans for the project. 102. All street improvement design shall provide adequate right-of-way and transitions to existing improvements.
103. Permittee shall provide a construction area Traffic Control Plan, if required by the City Traffic Engineer, shall be prepared by a registered Civil or Traffic Engineer in accordance with City standards and approved by the Department of Public Works for work on Madison Avenue. The Traffic Control Plan shall address street closures, detour or other disruption to traffic circulation as required by the Department of Public Works.

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Sewer and Water:
104. The location of any wells) shall be delineated on the final map. 105. Permittee shall design and guarantee the construction of all sewer and water improvements necessary to provide adequate service for this project.

Final Map:
106. Permitee/Subdivider shall submit and record a final map (Parcel Map 36943) prepared in accordance to the City of Murrieta Development Code and Subdivision Map Act. The final map shall be prepared by a licensed land surveyor or registered civil engineer.

Utilities:
107. Permittee shall underground all existing and proposed utility systems including gas, electric (under 33kv), telephone, water, sewer, and cable TV, along Monroe Avenue with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Permittee shall underground or pay a cash in-lieu fee for undergrounding of overhead utility lines adjacent to subdivision boundary along Guava.

The cash in-lieu of construction cost estimate shall be approved by the City Engineer. 108. Permittee shall install all dry and wet utilities prior to the placement of final cap or lift of asphalt pavement to avoid new street improvements from being marred by saw cuts, pot holes, equipment, etc.

Prior to issuance of Building Permits:
109. All easements, agreements of improvements, offsite construction, and dedication for required rights-of-way shall be approved by the Engineering Department. 110. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
111. Permittee shall pay to the City the applicable Development Impact Fees as required by and in accordance with City Ordinance 196-98.
112. Permittee shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) based on the applicable rates at time of permit.

Prior to issuance of Certificate of Occupancy:
113. Final grading of the subject property shall be completed in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Manual and accepted grading construction practices. grading shall be in substantial conformance with the approved Development Plan. 114. All improvements, required by the Public Works Department, shall be constructed and completed per the approved plans and City standards to the satisfaction of the City CarMax/Conditions
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Engineer.
115. If applicable, pay in-lieu fee for Guava Street improvements. 116. All sewer and water improvements shall be constructed and completed in accordance with the Sewer and Water District standards.

FIRE DEPARTMENT
117. The following information shall be provided on submittal plans. Deferred submittals and separate permits will be required for each building for underground fire service which includes fire laterals and fire hydrants, Fire Alarms, Fire Sprinklers, and Hood Extinguishing systems
All buildings shall be provided with a complete fire sprinkler system. The sprinkler system post indicator valve and fire department connection shall be located to the front of the project and no further than 40 feet from a super fire hydrant and on the same geographical side of any drive aisles. These appliances shall be located at a minimum of 25 feet from any building. A statement that the building(s) will be automatically fire sprinkled must appear on the title page of the building plans. 119. Applicant must comply with conditions addressed in the California Administrative Code Titles 19 & 24.
120. Fire sprinkler system shall conform to NFPA 13. Fire Alarm systems shall comply with NFPA 72.
121. Fire hydrants shall be provided with (6" × 4" × 2-1/2" × 2-1/2") super fire hydrants. This system shall be designed and installed with no hydrant closer than 25 feet or no further than 165 feet from any portion of exterior walls as measured along vehicular travel ways. 122. Fire Prevention will establish a required minimum fire flow for protection of the above referenced project using CFC Table IlI-A for determining fire flows, when additional information is provided on the size and type of construction for each building. 123. All (2013 CFC Chapter 10 - Exit Access) codes are expected to be met. 124. City of Murrieta Fire Department requires all commercial buildings to provide flush mount Knox Box Access Systems and must be no higher than 6' off the finished ground to the right of front and rear doors as being faced. Must also be shown on architectural plans.

Applications are provided by our Planning/Prevention Bureau. 125. All standards, regulations and policies established for public safety and the protection of property established in City of Murrieta Development Code must be in compliance with the approval of all local authorities.
126. Portable Multi-purpose fire extinguishers with a minimum rating of 2A-10BC, one (1) per 3000 sq. or 75 feet of travel distance must be installed so that the top of the fire extinguisher is not more than 5' ft above and not less than 3'ft from the bottom of the CarMax/Conditions
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extinguisher to the floor. Extinguisher located in public areas shall be in recessed cabinets projection from the wall as per (2013 CFC 906). Contact a certified extinguisher company for proper placement of equipment. 127. Federal law under SARA Title I!! (Right To Know Act) requires that facilities with hazardous materials must provide Material Safety Data Sheets to the local Fire Department, the local Emergency Planning Committee and the State Emergency Response Commission.
128. All buildings will comply with NFPA 704 placard requirements when applicable. Contact Fire Department for information.
129. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot.
130. Access will have a 56-foot turning radius capable of accommodating fire apparatus. 131. City of Murrieta Ordinance Title 16.34.080 establishes the Access will be a minimum of 28 feet wide to accommodate fire apparatus. A 20-foot wide security gate at each driveway access is allowed; with a strobe light monitor receiver and Knox key switch back-up, on all electrically controlled gates for vehicular access, prior to occupancy of any structure within this project (CFC Chapter 5).
132. Access will have a minimum of 13 foot 6 inches vertical clearance to accommodate fire apparatus.
133. Address directory shall be provided next to all major entranceways to this project. All buildings shall be clearly identified with designators 12" high with 1" strokes mounted on contrasting backgrounds. These designators shall be placed on all 4 sides of each building and show address locations and elevations on architectural plan. 134.
seal of approval.
135. A radio coverage system may be required inside structures per CFC Sections 510.4 - 510.6, to ensure adequate radio coverage for fire personnel. The Fire Department will make a determination as to whether a radio coverage system is required by performing field testing once the building shell is complete.

Building/General:

All construction shall comply with current California Building Codes (CBC), and related Codes and Ordinances of the City of Murrieta. Four (4) sets of plans shall be submitted for a building permit, and shall include building data, building use/occupancy, CarMax/Conditions
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construction type, actual building square foot area, building setbacks, related building means of egress and ensuing egress discharge to the public right-of-way. 137. The project shall be subject to the current California Green Building Standards Code, wherein provisions shall be made for means of achieving material conservation and resource efficiency through construction waste reduction of at least 50% recycling and/or salvage for reuse, diversion, and employment of techniques to reduce pollution through recycling of materials; and building commissioning for new buildings 10,000 square feet and over.

Building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner's or owner representative's project requirements. Commissioning shall be performed by trained personnel with experience on projects of comparable size and complexity.

Commissioning requirements shall include:

1. Owner's Project Requirements.

2. Basis of Design.

3. Commissioning measures shown in the construction documents.

4. Commissioning Plan.

5. Functional Performance Testing.

6. Documentation & Training.

7. Commissioning Report.

All building systems and components covered by Title 24, Part 6, as well as process equipment and controls, and renewable energy systems shall be included in the scope of the Commissioning Requirements
Separate permits shall be obtained for all on-site improvements. Three sets of correlating architectural and civil plans with applicable plan-check fees, shall be submitted for private on-site handicap accessibility components and exterior routes of travel, as well as parking lot lighting standards and trash enclosure(s). 138. All exterior lighting shall be shown on building permit plans and shall comply with the City of Murrieta's MMC Sec.16.18.110, Mt. Palomar Lighting Pollution Control Standards.
139. Separate permits shall be obtained from the City of Murrieta Building & Safety Department, for individual structures monument signs, masonry walls, retaining walls, temporary power etc. Temporary power and temporary wiring shall comply with the current California Electrical Code.
140. Plans submitted during the permitting process, including but not limited to, site plan, precise grade plans and building architectural features, shall not vary substantially from plans previously reviewed and approved by the Planning, Engineering or other Cit Departments, without prior authorization from the City Planner, City Engineer and/or Director of Building and Safety.

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Building Permit Application:
141. Four sets of construction plans shall be submitted, including two sets of current soil reports, structural calculations, energy calculations and the following:
142. Two sets of signed soil reports shall be submitted and correlate with building foundation design by reference. The report shall be from an individual licensed by the state to prepare such report, including compaction test results and verification of satisfactory placement of any fill material used to support the foundation of any bullding or structure, in accordance with accepted engineering practice or, as recommended in any engineering geology preliminary report for any engineered grading design. 143. Building shall be designed to reduce the overall use of potable water within buildings by 20% per current low flow consumption water usage, or water use baseline per the current California Green Building Standards Code.

The reduction shall be based on the maximum allowable water use per plumbing fixture and fittings as required by the California Building Standards Code. The 20% reduction in potable water use shall be demonstrated by one of the following methods:

1. Each plumbing fixture and fitting shall meet the 20% reduced flow rate specified or,

2. A calculation demonstrating a 20% reduction in the building "water use baseline" shall be provided.
144. Submit a construction waste management plan for diversion of materials, including the following:
i. Identify the materials to be diverted from disposal by efficient usage, recycling, reuse on the project, or salvage for future use or sale ii. Determine if materials will be sorted on-site or mixed ill. Identify diversion facilities where material collected will be taken iv. Specify that the amount of materials diverted shall be calculated by weight or volume, but not both
145. Plans submitted for building construction shall contain a full size copy of the Final Approved set of city departments Conditions of Approval.

Prior To Building Final:
146. Final permit approvals shall be obtained, and any outstanding fees shall be paid to all City Departments which may include Fire, Planning, Engineering, Building & Safety, and the City Landscape Architect prior to a tenant occupancy of a building permitted as a "shell only" building, a building shell "Notice of Inspection Completion", and the issuance of a Certificate of Occupancy from the City of Murrieta Building and Safety Department.

POLICE DEPARTMENT
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147. The applicant shall be responsible for maintaining free of litter the area over which they have control.
148. The applicant shall remove graffiti from the exterior walls and windows of the premises within 24 hours of discovery at the expense of the owner or property manager. 149. Roof Address Numbering: The number/letter of each independently addressed building on the property shall be marked with a reflective material (viny! or paint), or in a color that contrasts the color of the roofing material. The lettering must be at least 24 inches in height so that the address can be viewed from the sky and is on the flat portion of the roof of the building and does not negatively impact the aesthetics of the project. The lettering must be positioned so that the address faces the direction of the corresponding street for which the address is assigned.
150. Lighting: Install adequate lighting in all areas and especially ensure that all building numbers are well illuminated and visible from the street and parking areas. 151. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot areas and shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate nearby residences. All lighting must conform to Mt. Palomar lighting standards.
152. A "No Smoking" sign shall be placed outside the main entrances of the building in compliance with 5.23.040(a) Murrieta Municipal Code and referencing this section to prevent smoking within 15 feet of building entrances. The signs must be at a minimum 12 inches high by 9 inches wide and clearly state "No Smoking within 15 feet of doorway." With the universal no smoking logo on the sign and section 5.23.040 (a) Murrieta Municipal Code reference on the sign.

END OF CONDITIONS

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